In Florida, voters will decide whether 13 amendments will be added to the constitution when they go to the polls November 6. Among the proposals is Amendment 3, titled “Voter Approval of Casino Gambling.” The ballot summary reads: “This amendment ensures that Florida voters shall have the exclusive right to decide whether to authorize casino gambling by requiring that in order for casino gambling to be authorized under Florida law, it must be approved by Florida voters pursuant to Article XI, Section 3 of the Florida Constitution.
Affects articles X and XI. Defines casino gambling and clarifies that this amendment does not conflict with federal law regarding state/tribal compacts.” The amendment requires 60 percent of voter approval to pass.
Essentially it would give Florida voters—not state lawmakers—the exclusive right to determine if expanded casino gambling should be allowed in the state. The legislature has repeatedly failed to pass comprehensive gambling laws in recent sessions, including not being able to renew a compact with the Seminole Tribe of Florida. Under the 2010 agreement, the tribe has the exclusive right outside of Miami-Dade and Broward counties to operate slot machines until 2030. Exclusive rights to banked card game expired in 2015, but the tribe has continued to make payments.
Recently Seminole Gaming Chief Executive Officer and Hard Rock International Chairman Jim Allen said, “If the state wants to expand gambling, which we completely respect it’s the state’s prerogative, that’s fine. But then, obviously, that’s when the compact payments of revenue share come into a conversation.”
Allen added, “If somebody wants to expand the scope or potentially erode the scope, then clearly the partners should be talking. If the state wants to go in a different direction, the tribe is completely respectful of that. But we’re not going to pay the state of Florida $400 million a year. You can’t have both. It’s either one or the other.”
This fiscal year the Seminole Tribe is expected to send the state about $355 million. The Seminoles have paid the state $1.8 billion over the past eight years, and the state expects to collect over $2.8 billion from the tribe in the next eight years.
“We truly believe the issue is you have too many interests. International ventures, Las Vegas ventures, gaming company interests, publicly traded companies, parimutuel dog tracks. The list is so long,” Allen said. Each of them represent a potential competitor, he acknowledged, but, he noted, “If someone did the math, no doubt short-term it’s better for the tribe, because we would no longer be paying the state of Florida $300-$400 million a year. And if we have an additional $300-$400 million, it creates a very, very large sum of money to protect the tribe’s existing business.”
Legislators also have not been able to determine if slots can be allowed in counties that have approved them in local referendums, including Brevard, Duval, Gadsden, Hamilton, Lee, Palm Beach, St. Lucie and Washington. This and other related issues are moving through the courts.
The Florida League of Women Voters, the Florida Chamber of Commerce, Disney Worldwide and the Seminole Tribe of Florida all support Amendment 3. Only three groups have been financially supporting Voters In Charge, the political group behind the amendment. Disney has given $14.6 million, the Seminoles have given $11.75 million and No Casinos, Inc. has given $81,000.
Opponents include certain lobbyists and others in the gaming industry. Also, some members of the state legislature have expressed concerns, including incoming Senate President Bill Galvano. “It’s game over for the legislature if that constitutional amendment gets on the ballot and passes. And at that point, we’ll just be spectators in the world of gaming, which will essentially be a monopoly for the Seminole Tribe,” he said.
The tribe owns a half dozen casinos in Florida, including the Seminole Hard Rock Hotel and Casino in Hollywood.
