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GAMBLING

Seminoles balk at Florida's new casino legislation

The gambling legislation awaiting Gov. Charlie Crist's signature isn't likely to win the Seminole Tribe's cooperation, the tribe's attorney says.

Sun Sentinel

All bets are off.

The Seminole Tribe is not likely to approve a gambling deal under terms set by the Florida Legislature, the tribe's attorney said Thursday, citing provisions that could increase costs and competition.

This would put billions of dollars in funding for public schools on the line at a time of severe budget shortfalls.

The key sticking points, tribe attorney Barry Richard said, are an increase in the annual payment to the state -- to $150 million -- and a provision dealing with the tribe's exclusive right to offer blackjack and slot machines outside South Florida.

Legislators, when they approved the gambling deal in May, built in wiggle room for future gambling expansion. Voters or legislators can give racetracks or other facilities games similar to those offered at tribal casinos without voiding the state's deal with the Seminoles. Even if new competition popped up, the tribe would still be required to make payments, albeit at a potentially reduced rate.

''I feel firmly that the tribe couldn't live with it and the [U.S.] Department of Interior wouldn't approve it,'' said Richard, referring to federal oversight of state-tribal negotiations. The annual minimum payment, an increase over the $100 million negotiated by Gov. Charlie Crist and the tribe in 2007, also ''throws the economics out of whack,'' he said.

The 15-year, $2.3 billion gambling deal crafted by top legislators is on the governor's desk, awaiting signature. After Crist signs the bill, as expected, the tribe and governor's office have until Aug. 31 to settle the details under parameters set by the Legislature. Then, the Legislature would meet in special session to ratify the final language.

The bill would give the tribe blackjack, baccarat and other table games at the Hard Rock resorts outside Hollywood and in Tampa, as well as two other casinos in Broward. Three Seminole casinos elsewhere in the state would be limited to slots.

Reaching a gambling deal not only has major financial implications for education funding, but is atop Crist's list of accomplishments as governor. Crist, now a candidate for U.S. Senate in 2010, spent months pressuring the Legislature to sign off on blackjack at Seminole resorts after his original 2007 deal was tossed out by the Florida Supreme Court.

''I think we'll come to a resolution,'' said George Lemieux, Crist's former chief of staff, who negotiated the original deal. ``My experience has been the Seminoles are extremely professional in these negotiations.''

But trying to force changes on a Legislature dominated by Republicans reluctant to embrace gambling could be politically treacherous.

The leading legislator on the issue, Rep. Bill Galvano, R-Bradenton, said overhauling the gambling deal is not an option. He said the $150 million minimum is reasonable given how much the tribe has expanded its gambling operations.

Rather than reopen the discussions, Galvano said he would advocate playing hardball if the tribe balks at the Legislature's deal: urging the federal government to enforce the state's current gambling laws, which ban blackjack. The tribe already offers the games at several casinos, including Hard Rock, under a legal cloud.

''If we're talking about filling in details or making a policy tweak, that's not going to be very difficult,'' Galvano said. ``But if the tribe expects that we would come back to the Legislature with major structural changes, I think the more appealing route would be to just let the feds enforce.''

''There's another side to this story,'' Richard said. ``If we don't work it out, the Legislature won't get anything at all. That's the worst thing for the state of Florida.''

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