Last June, the Florida Supreme Court heard oral arguments in Gretna Racing, LLC v. Florida Department of Business and Professional Regulation, a case that could have far-reaching implications for slot machine gambling in the state. The court must decide if the Florida legislature intended to allow counties to expand slot machines if voters approve them when lawmakers in 2010 modified a statute initially intended to allow Hialeah Park to operate slot machines. A decision has not been announced.
Meanwhile, Justice James E. C. Perry, who had been serving as a retired justice, ended his service January 31. He had been appointed by Florida Supreme Court Justice Jorge Labarga to serve as a senior justice of the Florida Supreme Court through September 30, 2018. But in the meantime, Governor Rick Scott had appointed, Justice C. Alan Lawson to replace Perry. Labarga amended his order for Perry’s term to end on January 31. Although House Speaker Richard Corcoran threatened to sue, claiming Perry was serving as an unconstitutional “eighth justice,” Labarga commented, “This is the way it’s been done and no one has ever questioned it. I don’t see a problem with it. We’re done with Justice Perry and we’re moving on.”
That leaves the question of what happens in cases like Gretna, in which the court heard oral arguments months ago. Labarga told the Herald/Times, “I’m pretty sure most of those questions are done and whatever he signed will be released soon. As far as new cases that are going to be heard, tomorrow and from here on, that will be Justice Lawson.” Court spokesman Craig Waters said Perry’s rulings have all been issued and “he’s done.
Waters explained if Perry’s ruling had resulted in a 3-3 split, the court could ask Lawson to break the tie. Or, he said, the court could call for a rehearing of the issue, or Lawson could review the arguments in the file and the videotape of the oral arguments and then render an opinion. “But that’s not something you’re going to know until the ruling is released,” Waters said.
Justice Peggy Quince recused herself in the Gretna case because her son works at DBPR.
