On May 18, the Florida Supreme Court issued a ruling that specifically bans slots at a small racetrack in Gadsden County, even though voters there approved them in a referendum. The case also has implications for Brevard, Duval, Hamilton, Lee, Palm Beach, St. Lucie and Washington counties where voters also approved slots in referendums.
Justice Charles Canady wrote, “There must be ‘statutory or constitutional authorization’ for any countywide referendum approving slot machines at qualifying parimutuel facilities. The authorization must be found elsewhere in the law. And it is nowhere to be found.” The lead opinion did suggest state legislators could authorize expanded gambling.
But Paul Seago, executive director of the anti-gambling group No Casinos, called the ruling “a partial victory.” He said, “We are happy with the ruling. Hopefully we shoot now for total victory.” The group is working on an initiative, Voters in Charge, which would prevent lawmakers from expanding slots and other forms of gambling. “The initiative will put voters back in charge. And they will absolutely vote in favor. Surveys show 70 percent support.”
He said Voters in Charge and other groups so far have prevented gambling measures from being passed. The group’s ballot initiative will stop any legislative moves once and for all, Seago said. He The group’s position aligns with the Florida constitution, which defines gambling as a game of chance, which is banned in the state except for Seminole and Miccosukee casinos. Slots are prohibited everywhere else in the state except Broward and Miami-Dade counties, where they barley passed in a 2004 referendum.
Two bills were introduced in the most recent legislative session. The Senate bill would have allowed slots in the eight counties that passed referendums allowing them, but the House considered that expanded gambling. The Senate bill also would have approved a new compact with the Seminole Tribe of Florida, which would have granted the tribe gambling exclusivity and brought the state multi-millions of dollars. Both bills ultimately failed.
State Senator Bill Galvano said the recent court ruling affirmed legislative authority and could help legislators reach an agreement in 2018. “The court has confirmed the authority in the legislature and has not wrested it away from us to decide how and to what extent we want the expansion with slots, without having this major impact on the existing compact with the Seminole Tribe of Florida,” Galvano said.
Lobbyist Nick Iarossi, who represents parimutuels in Brevard and Duval counties that want slots, said, “So, of course, we would have preferred the court to rule in our favor. But nothing has changed. We will still be lobbying for the same slots authorization language we have pushed for the last couple of years.”
Governor Rick Scott and Attorney General Pam Bondi oppose allowing additional slots in the state.