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Governor asks Florida court to reconsider its rejection of gaming deal

TALLAHASSEE — Gov. Charlie Crist isn’t ready to fold as his attorneys Friday appealed to the Florida Supreme Court to reverse its decision that voided an agreement to expand Indian gambling in Immokalee and other venues.

Two weeks after the court unanimously rejected the governor’s deal with the Seminole Indian Tribe of Florida, Crist’s attorneys urged justices to reconsider their opinion and allow the governor to cut a deal without legislative approval.

“The Court has misapprehended longstanding jurisdictional principles and dramatically expanded its own jurisdiction…,” lawyers for Crist submitted to the court. “The Court’s decision constitutes a sea change.”

On July 3, the court threw out an agreement worked out by the governor and tribe, which operates seven casinos across the state including the one in Immokalee.

Facing a federal deadline for action, the governor’s agreement allowed the Seminoles to operate black jack, baccarat and other Las Vegas-style games that boost possible winnings.

Legislative leaders led by House Speaker Marco Rubio filed suit to block the deal, saying any agreement had to be approved by lawmakers.

The Legislature asserted Crist overstepped his bounds despite assurances that the high-stakes card games and slot machines would net the state at least $50 million a year.

Legislative leaders said lawmakers must ratify any pact on the issue because the state expressly forbids casino gambling outside of Miami-Dade and Broward counties, where voters approved gaming by recent referenda.

Attorneys for Crist say that the governor has merely exercised his authority to enter into contracts without legislative oversight. The state constitution, Crist’s attorneys claimed, is mute on the issue.

That silence was telling, said Barry Richard, attorney representing the Seminole Tribe, earlier this year.

“The Florida Constitution does not speak to this issue at all,” Richard argued. “What the Florida Constitution says ... is that one branch cannot interfere or exercise those powers that have been expressly and inclusively given to another branch.”

Legislative leaders successfully argued that other courts in other states have thrown out similar proposals.

Crist’s filing Friday asked the state’s top court to reconsider its decision. Given the 7-0 decision, a reversal is unlikely.

Contact Michael Peltier at mpeltier1234@comcast.net

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