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Gaming Pact Has New Challenge

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By CATHERINE DOLINSKI

The Tampa Tribune

Published: September 20, 2008

TALLAHASSEE - Attorney General Bill McCollum is urging federal authorities to stop the Seminole Tribe from offering gaming at their casinos that is illegal elsewhere in Florida.

Florida "is in the untenable position of having a tribal gaming operation, which everyone acknowledges is unauthorized, ongoing without the jurisdiction to stop the illegal activities," McCollum said in a letter to the chairman of the National Indian Gaming Commission. "As the regulatory official holding the power to enforce this law, the Chairman should take action immediately to see that the Tribe ceases its illegal activity until a valid compact can be consummated with the State of Florida."

His letter comes a week after the Florida Supreme Court invalidated the state's gaming compact with the Seminoles that would have allowed the tribe to offer high-end slots, blackjack and table games and give the state a slice of the profits. The state House of Representatives had filed suit, arguing successfully that Gov. Charlie Crist lacked the authority to enter into the compact without legislative approval.

But Barry Richard, attorney for the Seminoles, said Friday the tribe's casinos will continue offering games "and they will do so lawfully. The state has no authority over gaming on Indian land. The only agency that has the authority at this point to tell them what they can or cannot do is the gaming commission."

Richard said he has asked the commission to wait until next spring before making any decisions, explaining that the Seminoles "intend to engage in discussions with the new legislative leadership" that starts in November, but that the Legislature can't act on any agreement until it's back in session in March. "My impression, the last time we talked to them, was their reaction is they would give the state a reasonable amount of time to work it out."

Geller Hopes For New Pact

With a budget shortfall looming, Steve Geller, outgoing minority leader in the Senate, said he hopes lawmakers will approve a compact soon that benefits the state more than Crist's compact did.

But House of Representatives Speaker-designate Ray Sansom, an opponent to expanding gambling, reiterated his position this week. While he anticipates discussion of a new compact, "I do not believe that we should 'balance' the future of Florida on the weaknesses of people."

On Friday, Sansom issued a statement saying: "I fully support Attorney General McCollum's efforts to halt the Seminole Tribe's illegal gambling. If the Tribe wants to work with the state to resolve the compact issue, the Tribe must first comply with the laws of Florida and of the United States."

Richard said McCollum "expressed his desires" in his letter to commission Chairman Philip Hogen and that he was not surprised by McCollum's sentiment, since he has expressed his opposition before. McCollum failed in January to stop the compact from taking effect.

Working To Void Agreement

In his letter to Hogen on Friday, McCollum asks that the Seminoles' expanded gaming be halted, noting a court statement by the Interior Department that if "the Governor of Florida is determined by the Florida Supreme Court not to have the authority, the compact is not entered into" and therefore void, as far as the federal government is concerned.

According to its "government-to-government policy," the commission "will honor and respect the provisions of Tribal-State Class III Gaming Compacts that are duly approved by the Secretary of the Interior and, in effect, or, in the alternative, Federal Class III tribal gaming procedures approved by the Secretary of the Interior, in lieu of a Tribal-State Compact, pursuant to the Indian Gaming Regulatory Act of 1988/ and Department of Interior regulations." Class III games are typically those found in casinos.

Commission officials said Friday they have received McCollum's letter and were reviewing it.

"Right now, we're looking into the issues it raises," said Shawn Pensoneau, a commission spokesman.

Beyond that, Pensoneau said the commission had no comment.

Interior Department spokesman Shane Wolfe says that the department and its Bureau of Indian Affairs had no comment Friday, deferring to the commission. The department and state negotiate the rules of the compact.

Gina Morales, spokeswoman for the Seminole Hard Rock Hotel & Casino in Tampa, declined to comment on the Tallahassee developments, referring questions to Richard.

Richard said that since the compact was signed with Crist, hundreds of people have been hired by the tribe for the Class III games. "If this is brought to an abrupt halt, all of those people are out of jobs, all those people are presumably gone from Florida."

Reporters Billy House, Cheryl Segal and Keith Morelli contributed to this report. Reporter Catherine Dolinski can be reached at (850) 222-8382 or cdolinski@tampatrib.com.

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