TALLAHASSEE (FBW) – The Florida Supreme Court has unanimously overturned an agreement between Gov. Charlie Crist and the Seminole Indian Tribe allowing expanded gambling at its casinos, siding with Speaker Marco Rubio in the July 3 ruling.

“We hold that the Governor does not have the constitutional authority to bind the State to a gaming compact that clearly departs from the State’s public policy by legalizing types of gaming that are illegal everywhere else in the State,” wrote Justice Raoul G. Cantero III. Justices Charles T. Wells, Harry Lee Anstead, Barbara J. Pariente and Kenneth B. Bell concurred in the 32-page ruling.

Chief Justice Peggy Quince and Justice R. Fred Lewis concurred only in the result, with Lewis writing his own opinion in which he argued for a more narrowly tailored decision.

Reversing a campaign promise to oppose expanded gambling, Gov. Crist entered into the compact with the Seminoles last November.

The Seminoles agreed to pay the state hundreds of millions of dollars over the 25-year deal in exchange for Las Vegas-style slots (approved by voters for local referendums in Broward and Miami-Dade counties in a 2004 state constitutional amendment), exclusivity of those slots outside of Broward and Miami-Dade, and certain games – like black jack and baccarat – currently illegal in the state.

In filing the lawsuit with Florida high court on behalf of the Florida House of Representatives, Rubio argued the governor does not have the unilateral authority to execute a compact, especially when the agreement authorizes illegal games. The Florida Senate filed a brief in support of Rubio’s position.

Crist maintained the governor has authority to enter into an agreement with the sovereign Indian nation without legislative approval, although Crist indicated earlier he would seek affirmation of the Legislature.

“We conclude that the Governor’s execution of a compact authorizing types of gaming that are prohibited under Florida law violates the separation of powers. The Governor has no authority to change or amend state law. Such power falls exclusively to the Legislature. Therefore, we hold that the Governor lacked authority to bind the State to a compact that violates Florida law as this compact does,” Cantero wrote in concluding his opinion.

In a statement, Rubio reacted to the ruling.

“The court’s decision is a victory for our constitutional system of checks and balances,” Rubio said. “I look forward to an open and deliberative process that results in a new compact that doesn’t unnecessarily expand gambling in our state and that’s fair to our taxpayers. In the meantime, I trust that Governor Crist and the Seminole Tribe will abide by the court’s decision and act in accordance with the law.”

Florida Baptist Convention legislative consultant Bill Bunkley told Florida Baptist Witness he was pleased with the Supreme Court decision.

The high court “affirmed what many of us had believed – that Gov. Crist clearly overstepped his authority by unilaterally granting expanded gambling authorization…,” Bunkley said.

“Had the governor stuck to his original public comments of negotiating the state’s position with the Florida House and Senate, we would not be in the costly quagmire of undoing or adjusting a compact that has already been unconstitutionally implemented,” Bunkley added.

Bunkley warned the high court’s ruling may be only a temporary setback for gambling forces.

“The push to make Florida the number one gambling destination is far from over,” he told the Witness.

The Orlando Sentinel reported Barry Richard, the Tallahassee lawyer that helped negotiate the deal for the Seminoles, said he was “disappointed in the result,” but wouldn’t know how they planned to proceed until after conferencing with his clients.

Tribe spokesman Gary Bitner told the Miami Herald the games will continue at the Hard Rock casino near Hollywood while the tribe determines its next step.

“The tribe is studying the decision and plans no immediate changes, and strongly believes it was operating with a federally approved compact agreement by adding the games it added,” Bitner said.

The Seminoles began operating the games permitted by the compact only within the last few weeks. The ruling would seem to require the currently illegal games to be shut down.

Two justices joining in the decision had recently announced their intentions to resign from the Supreme Court. Justice Cantero has resigned, effective in September 6, while Justice Bell’s resignation is effective October 1.

For a summary of these and related gambling issues, see the April 2, 2008, Florida Baptist Witness special report, “Gambling with Florida.”