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Some Legislators Taking Aim At Seminole Casinos

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By CATHERINE DOLINSKI | The Tampa Tribune

Published: January 13, 2009

Some lawmakers want the state to crack down on businesses they are acting as "co-conspirators" with the Seminole Indians to offer blackjack and other casino-style games.

State law prohibits Class-III slot machines and "banked" card games, including those operated by the Seminole tribe, according to attorney Jon Glogau, tribal gaming expert who works for Attorney General Bill McCollum.

But federal law prohibits the state from enforcing its gaming law on tribal land, Glogau told the House's committee on tribal gaming today.

Frustrated by the jurisdictional disconnect, several lawmakers raised the prospect of the attorney general, state attorneys or even local sheriffs taking legal action – not against the tribe or its casinos, but against slot machine vendors, billboard owners, broadcast media and other state businesses supporting the Seminoles' operation of the games.

Rep. Bill Galvano, who co-chairs the House's gaming panel, referred to such businesses as "co-conspirators" and "aiders and abettors" and said after the meeting that his panel may recommend legal action against them.

"This is a blatant, illegal act," said Galvano, R-Bradenton. "If they were selling drugs at the Hard Rock [Casino in Tampa], you would have people stopping the transportation of paraphernalia going in. If I'm not mistaken, Florida statutes already prohibit the possession and transport of mechanical devices to implement illegal gambling in the state of Florida…

"Somebody has the jurisdiction, and it's a very likely that the attorney general or at a minimum, a state attorney," he added.

But the jurisdiction to pursue such businesses remained hazy today. Florida's association of state attorneys deferred an opinion to Glogau, who told the House panel he did not have the answer. Staff at the Hillsborough State Attorney's office could not answer the question, either.

Alexis Antonacci, spokeswoman for the state Department of Business and Professional Regulation, said the agency regulates vendors who supply gambling equipment but cannot penalize or revoke a license unless a court convicts the business of wrongdoing first.

Lawmakers cannot force state or local law enforcement to pursue charges, but Galvano expressed hope that mounting public pressure might compel legal action against the enabling businesses.

The Seminoles are offering the games per a compact that Crist negotiated in late 2007, giving the tribe class-III gaming rights and the state a share of the profits – at least $100 million a year. But the state Supreme Court voided the compact last summer, finding that Crist had overstepped his authority by failing to involve the Legislature.

"All Class-III gaming becomes illegal in the absence of a compact," Glogau said.

The tribe disagrees with that and continues to operate the games. So far, federal officials have declined to stop them. The House panel of tribal gaming is meeting primarily to analyze the compact that Crist negotiated and set parameters for a new one that lawmakers can vote on.

GOP Rep. Larry Cretul of Ocala, the House panel's other co-chairman, said some legislators are also exploring the prospect of complaining to federal authorities about the Seminoles' advertising of the prohibited games.

Barry Richard, attorney for the Seminole Indians, could not be reached for comment.

Reporter Tom Brennan contributed to this report. Reporter Catherine Dolinski can be reached at (850) 222-8382 or cdolinski@tampatrib.com.

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