Voters In Charge has collected enough valid signatures to place the Voter Control of Gambling in Florida initiative on the November ballot, state election officials announced. The group gathered the 766,200 required signatures, representing 8 percent of the turnout in the most recent presidential election. Amendments also need to reach signature quotas in 14 out of the state’s 27 congressional districts.
The proposed constitutional amendment, called Amendment 3, would “ensure that Florida voters shall have the exclusive right to decide whether to authorize casino gambling,” according to the ballot summary. The change would require voter approval of casino-style games, such as slots, in the future. The proposal will need 60 percent approval from voters to pass.
John Sowinski, chairman of the Voters in Charge political committee behind the amendment, predicted opponents and proponents would spend “millions of dollars” on campaigns to sway voters. “We didn’t spend what it took to make it to the ballot to leave things to chance. I would suspect that it’s a significant 8-figure campaign that we will wage to support it, and if anyone wanted to come after it, I would suspect the like.”
Voters In Charge collected $6.5 million in cash and in-kind contributions, including $4.35 million from Disney Worldwide Services and $1.3 million from the Seminole Tribe of Florida. The group No Casinos gave the rest.
Critics of the ballot issue said if the amendment becomes law, voters statewide would have to approve gambling expansion down to single counties, where parimutuels might not have the resources to finance campaigns to get their proposals passed.
Senate President Bill Galvano, who has been involved in gambling legislation for eight years, said, “It’s game over for the legislature if the 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.”
Izzy Havenick, whose family owns dog racetracks in Naples and Miami, commented, “I think it will have a huge impact on our industry, because as opposed to the legislature regulating us, we’ll need 60 percent of the residents of Florida to regulate us in the future. And, as the most regulated business in the state, that just makes anything we want to do to grow our business in the future more difficult.”
Lobbyist Nick Iarossi said, “The fear that they all have is that, if this No Casinos amendment passes in November, we will never have that opportunity without a statewide approval to add new product, whether it be slots or otherwise. And to try to get that approval statewide when you have Disney and the Seminole Tribe with their monopoly putting money in against any type of expansion you place on the ballot, it’s going to be impossible to get those votes with the 60 percent threshold.”
The same day it was announced Amendment 3 would be on the November ballot, SB 840, sponsored by Senate Regulated Industries Chairman Travis Hutson, was approved by a committee. The bill would legalize lucrative designated player card games and allow decoupling of live racing from other gambling activities. It also would clarify that fantasy sports contests are legal in Florida.
Galvano is anxious to resolve certain issues regarding gambling, especially the Seminole compact, before the proposed amendment could become law. A provision in the compact giving the tribe exclusive rights to operate banked card games, like blackjack, expired in 2015. A federal judge ruled that designated player card games, authorized by state gambling regulators, violated the compact; he ruled the tribe may continue to offer blackjack until 2030. The Seminoles pay the state $250 million a year, but they could end the payments if designated player games are allowed and fantasy sports are legalized.
“To have all that resolved prior to an amendment going on the ballot and/or passing is a more prudent course. Giving voters control of gambling isn’t a bad thing if we get done what we need to get done first. And that’s my motivator to continue to keep this issue open and alive,” Galvano said.
One quirk of the bill supported by Galvano is that it doesn’t address sports betting, which may become legal if the U.S. Supreme Court overturns the Professional and Amateur Sports Protection Act of 1992, which is being challenged by New Jersey.
“We’re very aware of the pending Supreme Court decision,” said Hudson. “We’ll look at the issue as we go forward with the House. It’s certainly something that shouldn’t be taken off the table yet. It’s something we all need to sit down and have a discussion about but we have kept (our bill) very narrowly defined to stuff that the House and Senate have previously agreed to.”
Also in Florida gambling news, in Tallahassee, state Rep. Bob Cortes recently sponsored legislation that would require voters in Seminole County, part of the Orlando-Kissimmee-Sanford Metropolitan Statistical Area, to approve any gambling expansion. The bill was forwarded to the House Gaming and Tourism committee and Cortes said he expects it to be adopted.
Cortes’ bill would close a loophole that allows municipalities to expand gambling even if the county or cities within the county oppose it. The bill would prohibit the Division of Pari-Mutuel Licensing from granting a license to expand gambling without approval of the county voters.
Finally, the Office of General Counsel in Jacksonville may file a motion on behalf of the Seminole Tribe’s lawsuit against more than 20 internet café operators. The tribe’s lawsuit states the operators “knowingly permit unlawful gambling.” The tribe’s gambling compact with the state gives it exclusive rights to casino gambling.
One of the internet café operators filed a motion to dismiss the lawsuit, claiming it “does not allege the nature and extent of the alleged unlawful gambling.”
