Florida
Legislators returned to Tallahassee March 3rd for the 2015
session. One of the main topics and
tasks is the casino and racino discussion. The legislators were met with a 323
page bill regarding gaming.
Center Ring – Center ring hosts the best act, the
premiere event of the day. The main event in 2015 is the compact between the
State of Florida and the Seminole Indian Tribe. I’ve included the two other
Indian Tribes in this event. This is the big show, the one everyone is waiting
for, yet everyone is pretending it doesn’t matter, there are other gaming
matters to deal with. Let’s get real. The Seminole Tribe is arguably the most
powerful gaming entities in the U.S. It is the most powerful in Florida. Throw
in the Hard Rock ownership and you have one of the strongest and best casino
companies in the world. The Seminole Tribe is a great asset to Florida.
The Seminole dominance
is noted in sheer numbers. Their Florida casinos have an estimated 11,779
slots, the seven racinos combined have 7,066. The Miccosukee Tribe of Florida
has 1,700 slots. The Seminoles currently
have exclusive rights in Florida to house-banked card games like blackjack and
baccarat.
The situation
is that the Seminoles signed a 20-year agreement with the Florida to have
banked card gaming with a renewal provision each five years. In return for having exclusive rights for
banked cards at their casinos the Seminoles would pay and have paid at least
one billion dollars over the five years. The first five years is up July 31,
2015 unless the Legislators approve a renewal or revision which will have to be
negotiated with Governor Scott. Florida Legislators are taking a maybe-maybe
not stance, and maybe we should allow destination resort casinos and more
racinos in the state. Bob Jarvis, professor of gambling law at Nova Southern
University in Fort Lauderdale says he believes the lawmakers are bluffing…and
he believes a new Seminole deal will get done.
Alongside the
mighty Seminole Tribe in the Center Ring is second Federally Recognized Tribe
in Florida, the Miccosukee and their single casino operation. They provide an
excellent casino resort to South Florida and Dade County.
Standing just
outside the center ring is a third Florida Tribe, the Muscogee Nation of
Florida located in the Florida panhandle with headquarters in Walton County.
Muscogee Nation is awaiting findings on their petition for Federal
Recognition. The Office of Federal
Acknowledgement will publish their findings on or before April 30, 2015…a few
weeks from today. Their territory delineated by the Bureau of Indian Affairs is
the panhandle area from the Escambia River to the Tallahassee area of Florida.
This Center
Ring is the core of Florida Casino gaming and needs to be recognized as the
main event.
The Second Ring – Florida currently has seven racinos;
casinos paired with para-mutual facilities in Dade and Broward Counties. Of the seven, four are thoroughbred horse
racing, two are greyhound racing and one with jai-alai fronton pairing. Para-mutual Facilities in Florida are allowed
to offer poker, those in Dade and Broward Counties can have slot machines.
There are apparently a number of provisions in the proposed 2015 gaming
legislation to de-couple the para-mutual business from the casino business, the
dream of every dog track in Florida; to reduce the tax rate paid by the
racinos; to allow one or two destination resort companies such as Las Vegas
Sands or Genting to establish large casino resorts in South Florida, and more.
First, the
horse tracks. I’ll admit, I like the
ponies. And I like the four thoroughbred
racino facilities in Florida. Each one has the land and financial capacity to
become a destination resort. Each one does a magnificent job with their casino
and racing. Going forward it appears each of the four horse track casino
facilities will expand its footprint. Plans are published at Hialeah and
Gulfstream and on the drawing boards at Calder and Pompano Park. Each has large
developable property as part of their current facility. Each of the four has
ownership capacity to finance and fund expansion to be regional or destination
resorts. Let’s let these four be given the opportunity to become your South
Florida gaming future.
How to
address the plight of jai-alai and greyhound business? Tough love again….don’t
reward people or businesses who make bad business decisions.
Third Ring – Bring in the clowns. Yes, this
circus does have clowns. The Poarch Creek Indians of Alabama have put forth
efforts to “take over” the North Florida casino and racino business.
Their first effort
was to have barrel racing declared a para-mutual event. In 2011 the Florida
State Department of Business and Professional Regulation effectively created a
new rule regarding what constitutes a horse race without going through the
necessary rule-making process. The Poarch Creek Tribe responded by promoting
their new status at the Gretna Fair Grounds as a site for a future Florida
casino. The Thoroughbred horse owners Association of Florida sued and the judge
ruled against the poarch, that barrel racing is not a para-mutual event. The
Poarch appealed and in 2014 the 1st District Court of Appeals ruled
against the Poarch Tribe again.
Their second
effort is ongoing. A February 28, 2015 Associated
Press article stated, “Poarch Creek may sell marijuana if Florida denies
gambling deal. Rebuffed by Governor
Scott, the Poarch Creek Band of Indians, a small Alabama-based Indian tribe,
wants to expand its gambling operations into the Sunshine State…The
Alabama-based tribe is suggesting it might adopt a hardball stance: let us have
gambling in a few Florida locations, or we could consider growing and selling
marijuana on our [Florida] property.”
The tribe
owns a one-acre tract of land in northeastern Escambia County of Florida. Governor
Scott’s legal office responded to the Tribe that it was premature to begin
negotiations and that the Tribe needs additional recognition from federal
officials.