Indian Gaming Today

Monday, October 20, 2008

Status Quo in Florida?

Kathryn's quoted in this Tampa Tribune story on the aftermath of the Florida Supreme Court's decision invalidating a portion of the Seminoles' tribal-state compact. As we explained in a number of posts back in July (check our archives if you're interested in catching up!), the Florida Supreme Court ruled that Gov. Crist exceeded his state constitutional authority in authorizing banked card games through the tribal-state compact with the Seminoles.

Despite the state court ruling, though, the tribe continues to operate banked card games, such as blackjack.

The state is a bit stymied. The state attorney general has asked both the NIGC and the U.S. Attorney's office to stop the tribe's games, but to no avail -- not yet, anyway. The tribe has already paid the state $50 million and continues to make payments according to the compact's terms, and as Kathryn points out, stopping the banked card games may also stop the tribe's obligations to pay the state anything: The tribe's leverage, Rand said: the revenue sharing. "That's why, I think, you see the kind of paralysis you do on the part of the state. Do they actually want to push this? What if they just quietly allowed the status quo to occur?"

And -- sigh -- here's further evidence of the dubious distinction between revenue sharing and state taxation of tribal gaming.

According to the article, state senator Mike Haridopolos wants the state to negotiate a new compact that will require the Seminoles to pay even more: "We need to take a second and third look at this," said Haridopolos, R-Melbourne. "I've heard members consistently say that if you taxed all gaming that takes place in the state of Florida at Las Vegas or Louisiana rates, you'd bring in $1 billion a year. That could lower taxes. It's a viable issue to consider."

Read more: Decision Complicates Seminole Gaming Pact

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