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Gambling stalemate gets dicey for state

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The Tampa Tribune

Published: November 1, 2009

State lawmakers are wasting valuable time - and leaving money on the table - by balking at the new deal Gov. Charlie Crist reached with the Seminole Tribe of Florida to legalize increased gambling at seven casinos, including Tampa's Hard Rock.

Some lawmakers are concerned that the tribe essentially is being awarded a statewide monopoly on highly profitable table games, including blackjack, and slots. And it's true. But this precedent already had been established.

In 2007 Crist entered into a similar agreement with the Seminoles, one that was invalidated, at least as far as the state is concerned, on appeal to the Florida Supreme Court.

And voters in Broward and Miami-Dade counties passed referendums to allow slots at parimutuels there - moves that prompted the Seminoles to seek more games.

The main problem, one lawmakers should have clearly recognized by now, is that the casino-style games are still continuing more than a year after the state's high court ruled Crist exceeded his authority by failing to obtain legislative approval. And the state isn't getting a dime.

The National Indian Gaming Commission hasn't stopped the dealing. It appears unlikely that the commission will, in part because of uncertainty over, in the words of acting Chairman George Skibine, "who has the authority to decide if a compact is valid or not."

Lawmakers should remember they're dealing with a sovereign nation here. The rules are much different, and the state is at a major disadvantage. The tribe was under no obligation to pay the state anything, and federal officials were going to allow expanded gaming anyway.

Meanwhile, without a new deal, the state isn't able to tap into an estimated $162.5 million the tribe has put into a bank account since signing the original compact.

By approving the agreement Crist and the Seminoles reached a few weeks ago, the state can start drawing on the money, as well as bank on getting much more to dramatically help budget woes - about $150 million a year and an estimated $6.8 billion over the life of the 20-year deal.

The best the Legislature can do at this point is minimize the damage by confining to Indian land these often-addicting, high-stakes games that harm the state's image, damage the economy and can devastate families.

The state allows too much gambling already: the Florida Lottery, dog tracks, offshore gaming boats and poker rooms. But the new compact even expands some of those options: Parimutuels would be allowed to offer around-the-clock poker games - with no limits. That should soothe the concerns of some lawmakers who think parimutuels could be forced out of business.

Either way, Florida is going to lose this battle with the tribe, so the state must try to make the best of it, and that is through fair compensation and preventing gambling from spreading even more.

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