Cretul asks federal commission to stop Seminoles’ illegal games

Oct 21, 2009
By JAMES A. SMITH SR.
Florida Baptist Witness

SPEAKER Rep. Larry Cretul, R-Ocala.

TALLAHASSEE (FBW) – The speaker of the Florida House of Representatives has called on the National Indian Gaming Commission to force the Seminole Indian Tribe to stop operating illegal games at its seven casinos in Florida.

In an Oct. 21 letter to Chairman George Skibine, Rep. Larry Cretul, R-Ocala, said in spite of “good faith” negotiations by the State of Florida with the Seminoles, “It is my opinion we have reached an impasse that can only be remedied by your intervention.”

Responding to Cretul’s letter on Oct. 21, Gov. Charlie Crist told the Miami Herald: “I don’t know that we’ve reached an impasse. I don’t agree with that assessment yet.”

Citing provisions of the federal Indian Gaming Regulatory Act (IGRA), which empowers the National Indian Gaming Commission (NIGC) to fine operators and temporarily close gambling activities in violation of IGRA, Cretul told Skibine, “It is our hope that the NIGC exercises this authority to bring the Tribe into compliance with federal law.”

The speaker indicated he and Rep. Bill Galvano, R-Bradenton, chairman of the House Select Committee on Seminole Indian Compact Review, met on Oct. 20 with Skibine. The letter recapped the concerns raised in the meeting.

Cretul’s letter is the latest in a long series of developments regarding gambling at the Seminole casinos.

In August, Crist announced a new compact with the tribe, claiming the agreement would result in $6.8 billion for the state over the 20 years of the compact. Legislative leaders, who authorized the governor to negotiate the compact, have expressed concerns about various aspects of the deal that go beyond provisions in the legislation adopted at the end of the 2009 legislative session.

Crist negotiated an agreement with the Seminoles in 2007 allowing Las Vegas-style slot machines and certain games – like blackjack and baccarat – that are currently illegal. The Florida Supreme Court – in response to a suit filed by then House Speaker Marco Rubio – invalidated the compact in 2008, finding the governor lacked the authority to enter into the agreement.

The August compact with the Seminoles awaits consideration by the Legislature, which must approve the agreement before it becomes valid. Legislative leaders have not indicated if they are willing to hold a special session this fall to consider the matter, although they have expressed concerns about various details of the compact.

In his letter to NIGC chairman Skibine, Cretul said the Seminoles’ continuing operation of illegal games at its casinos “disadvantages” the state in its negotiations with the tribe.

“Until the banked card games (and slot machines) are shut down and the Tribe gives some indication that it is willing to abide by the law, and ultimately its agreements, it would appear that the State would be ill-advised to enter into any compact with the Tribe,” wrote Cretul.

While “we are willing to negotiate in good faith,” Cretul concluded, “We will not be forced into accepting a compact that grants the Tribe more games than they may rightfully demand under IGRA.”

In response to Cretul’s letter, the Seminole Tribe rejected the speaker’s assertion the 2007 compact was invalidated, claiming the appearance of the agreement in the Federal Register and no subsequent court action means the agreement remains valid in spite of the Florida Supreme Court’s decision, the Miami Herald reported.

Cretul’s letter, anticipating that assertion, notes the Seminoles were party to the 2007 case at their request and the Florida high court indicated it believed the parties in the case “would fully comply with the dictates of the opinion.”

Bill Bunkley, legislative consultant for the Florida Baptist Convention, told Florida Baptist Witness he is “extremely pleased” with Cretul’s call for federal intervention to stop the Seminoles’ illegal games.

“Why would anybody representing the interest of the citizens of Florida attempt to negotiate with any entity who is currently flagrantly violating the very laws they seek to change in order to benefit their unique interests? It makes no sense at all,” Bunkley said.

“I call on the Commission to quickly step up to the oversight responsibilities and order the Seminole Tribe to cease all illegal gambling operations,” Bunkley added.

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