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July 3, 2008

Florida Supreme Court rules in Seminole compact case

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Florida Gov. Charlie Crist (R) lacked authority to enter into a Class III gaming compact with the Seminole Tribe, the state's highest court ruled today.

The decision said Crist overstepped his bounds by allowing the tribe to offer games that are not legal in the state. The court noted that the tribe is subject to state jurisdiction under Public Law 280.

"Based on these state and federal provisions, what is legal in Florida is legal on tribal lands, and what is illegal in Florida is illegal there," the opinion stated.

The court did not determine whether the tribe can offer the games as a matter of law under the Indian Gaming Regulatory Act of 1998. Instead the court said it should be up to the state Legislature to determine what types of gaming are legal.

"Neither the Governor nor anyone else in the executive branch has the authority to execute a contract that violates state criminal law," the court said.

The tribe began negotiations after voters in southern Florida legalized slot machines. The resulting compact allowed slot machines and card games.

Republicans filed suit, saying the card games are illegal under state law.

Get the Story:
High court: Crist overstepped on casino deal (The Miami Herald 7/3)
Court invalidates pact to allow Seminole blackjack (The Palm Beach Post 7/3)
Court nixes state's casino compact with Seminoles (The Orlando Sentinel 7/3)

 

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