Tribal Gaming Defined

Gambling on Indian reservations is conducted under the terms of the Indian Gaming Regulatory Act (1988). This federal law requires tribes to negotiate an agreement, or compact, with the state in which the reservation is located. The compact is only needed if the tribe intends to run casino-style games (Class III gaming). – Indian Nation Archives

For more information on legalizing casino gambling, in general, click here.

The two sides have met once, with more substantial discussions planned, Crist's office and a Seminole tribe spokesman both said. No date for negotiations has been set.

''We're anxious to sit down and talk,'' said tribe spokesman Gary Bitner.

The new governor didn't have many alternatives. Two weeks into Crist's term, the tribe filed court papers in Tallahassee declaring that it would take its fight directly to the federal government if the state continued to refuse to talk about the issue. The implication was clear: Unless the state reentered negotiations, it could lose out on a share of the tribe's hefty profits.

The Seminoles believe they have a right under federal Indian gaming regulations to offer the same type of slot machines -- called Class III -- already available at two Broward County racetracks.

The state has consistently blocked the tribe. Talks broke down last year under former Gov. Jeb Bush, a staunch opponent of gambling expansion in the state.

When Crist took office, he faced a choice. If the Seminoles are right and the federal government allows them to install the lucrative Class III slots, Florida wouldn't get any money out of the deal. But if Crist works out a legal agreement with the tribe, known as a gaming compact, the state likely would receive a portion of the money.

Other states with gaming compacts reap millions from tribal casinos: $345 million for Connecticut in 2005, $130 million for California and about $50 million for Arizona, according to information from the National Conference of State Legislatures.

Crist decided to negotiate.

''Following a brief preliminary meeting with the Seminole tribal leaders, Gov. Crist looks forward to entering into discussions with the expectation of achieving a compact,'' read a statement released last week by Vivian Myrtetus, Crist's communications director.

Though Crist has said in the past that he is opposed to the expansion of gambling, he is viewed by some in the gaming industry as less antagonistic than Bush. Crist accepted money from organizations with ties to gambling during his campaign for governor.

SLOT STANDOFF

The state and the tribe have been in a standoff since last year. One of the sore points: The Seminoles opened a tiny casino, 63 slot machines under a white tent on the Big Cypress reservation in the Everglades. The tribe already operated six casinos in Florida, including those in Hollywood, Tampa and Coconut Creek. Another one, on what the state considered to be environmentally sensitive land, did not go over well with the Bush administration.

The gambling landscape has changed a great deal in recent months. Las Vegas-style slot machines have opened at Broward County parimutuels, following voters' approval of the measure in 2005. The new slots, which are taxed by the state, are running at Mardi Gras Race Track and Gaming Center and Gulfstream Park and Casino. Pompano Park Harness Track and Dania Jai-Alai are next.

In December, the Seminole tribe announced a deal to purchase the Hard Rock restaurant and casino chain for $965 million -- a deal that closed Monday. The tribe is projected to generate $1.3 billion in Florida from its gaming revenue in 2007, according to Joseph Weinert, senior vice president of Spectrum Gaming Group. About 3,200 people belong to the tribe.

Miami-Dade County also is back in the running for slot machines at its horse and dog tracks. Though county residents rejected the 2005 referendum, the issue is expected to return to the ballot this year.

MAKING PROGRESS

Crist's willingness to talk about a compact is seen by the Seminoles as ''progress,'' according to Gary Bitner, tribe spokesman.

''We're waiting to hear about possible dates to start negotiations. . . . Any time you can sit down with anyone, it's progress,'' he said. ``There are no rigid conditions attached to it.''

But the tribe isn't going to call off the Tallahassee lawsuit. That, Bitner said, ``will continue on a dual track.''

The suit is an old one, filed in 1999, dormant until the tribe filed a motion to reactivate the case in mid-January. In the filings, the tribe made its position clear: State-approved gambling operations with Las Vegas-style slots have an unfair advantage over the Indian casinos, which are forced to offer the less-exciting -- and less lucrative -- bingo-style slots.

''The matter has become one of extreme urgency for the tribe,'' the tribe noted.

The tribe asked a judge to force the Department of Interior to issue procedures for operating Class III machines at tribal casinos.

U.S. District Judge Robert Hinkle indicated the tribe may need to refile its claim as a new, separate lawsuit. The tribe plans to continue with legal action in one form or another, Bitner said.