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Fla. High Court Delays Ruling On Slots

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The Tampa Tribune

Published: September 30, 2007

TALLAHASSEE - The state Supreme Court decided Thursday to hold off on a decision on whether a state constitutional amendment allowing slot machines in South Florida should be invalidated because of forged petition signatures.

The justices unanimously agreed they should wait until after a trial is held on allegations the petitions included the names of voters who now deny signing, dead people and even pets.

'It is preferable that the facts of this case be developed regarding the allegations and pervasiveness of the fraud before we articulate a rule of law,' Justice Barbara Pariente wrote for the court.

In oral arguments Sept. 17, a lawyer for the pro-slots group Floridians for a Level Playing Field argued the amendment should be upheld despite the fraud because voters 'cured' that problem by passing the measure in 2004.

Attorneys for the state and anti-slots groups argued that would unjustly and unconstitutionally reward fraud. They said the amendment should be stricken if it no longer had the necessary signatures - more than 610,000 - to get on the ballot after fraudulent names are removed.

The amendment permits horse and dog tracks and jai alai frontons in Broward and Miami-Dade counties to have slot machines if approved by local voters. Broward voters passed the proposal. It narrowly failed in Miami-Dade but will be on the ballot in January.

Millions of dollars are at stake, including gambling proceeds that go to the state's public schools.

The amendment is being challenged by three groups: Floridians Against Expanded Gambling, the Humane Society of the United States and Grey2K USA, a greyhound protection organization.

The justices sided with Secretary of State Kurt Browning in sending the case back to circuit court in Tallahassee for a trial. They decided an insufficient number of judges on the 1st District Court of Appeal had certified the issue to them as a question of great public importance.

The Associated Press

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