Florida Government and Politics Weekly Update

Gaming: Negotiations Over the Seminole Indian Gaming Compact Apparently Reach Impasse
Negotiations between the governor’s office and the Seminole Tribe of Florida over the terms of a gaming compact have apparently broken down. According to recent press reports, the Seminoles object to several elements of legislation enacted earlier this year.

Under Senate Bill 788 (Chapter 2009-170, Laws of Florida), the governor and the tribe have until August 31, 2009 to negotiate a gaming compact. The legislation sets out specific terms for the agreement, but allows the governor to bind the state to any amendments that are consistent with the terms and standards enacted by the Legislature. Any changes relating to covered games, the amount of “revenue sharing” payments to the state, or exclusivity of operations must be ratified by the Legislature before the compact could take effect.

The legislation calls for a 15-year agreement under which the tribe could continue to operate blackjack, baccarat, and slot machines in three casinos in Broward County and one casino in Hillsborough County, in exchange for a minimum annual payment to the state of $150 million. A casino currently operating in Immokalee in Collier County would no longer be able to provide blackjack and other banked card games. The $150-million-per-year minimum payments would be required whether or not other facilities are allowed to compete with the Seminoles’ gaming operations.

According to several press reports, the tribe is seeking revisions that would require a minimum annual payment of $125 million, the exclusive right to operate slot machines outside of Broward and Miami-Dade counties, and authority to continue current operations at the Immokalee casino.

Legislative leaders have not indicated any willingness to join in the negotiations. Rep. Bill Galvano (R-Bradenton), who chairs the House Select Committee on Seminole Indian Compact Review, said, “The parameters are set. It seems as though [the Seminoles] are dealing with the legislation we passed as a green light to negotiate. In fact, we are in the 11^th hour. What took place during the [legislative] session was the negotiation.” House Speaker Larry Cretul (R-Ocala) said, “I don’t necessarily think we’re in a negotiating mood.” A spokesperson for Senate President Jeff Atwater (R-North Palm Beach) indicated support for the House position, saying, “the Legislature has acted.”

A special legislative session later this year is possible if negotiators fail to meet the August 31, 2009 deadline for a gaming compact or if they agree to provisions that would require legislative ratification.

Legislature: House Committee to Begin Ethics Inquiry Regarding Former Speaker Ray Sansom
The House Select Committee on Standards of Official Conduct will meet on August 4, 2009 in what is officially described as an organizational meeting to “review and consider course of action” with respect to a citizen’s complaint against Rep. Ray Sansom (R-Fort Walton Beach), who resigned the post of House Speaker earlier this year. Rep. Sansom has requested that the committee postpone any consideration of the complaint until after his indictment on perjury and official misconduct charges is resolved. Rep. Sansom’s criminal trial is scheduled for September 29, 2009.

House Speaker Larry Cretul (R-Ocala) appointed the select committee on June 26, 2009, when he also released an investigative report from House Special Investigator D. Stephen Kahn.

Mr. Kahn, a former Florida Senate General Counsel, found probable cause to believe that several actions by Rep. Sansom violated House rules that require members to perform their duties with integrity, in compliance with law, and in a manner that promotes public confidence in the integrity of the House. The investigator’s report included three specific allegations relating to Rep. Sansom’s involvement in the creation of a high-level position for himself at Northwest Florida State College, his involvement in directing state funding to the college, and his involvement in a private meeting of the college board of trustees, which would violate Florida’s open meetings law.

The select committee can recommend that the full House take action against Rep. Sansom if it finds that he violated House rules relating to ethics or member conduct. Possible actions include fine, censure, reprimand, probation, expulsion from the House, or any other lesser penalty.

The committee is chaired by Rep. Bill Galvano (R-Bradenton), who also chairs the House Rules and Calendar Council and the Select Committee on Seminole Indian Compact Review. The other committee members are Rep. Faye Culp (R-Tampa), Rep. Richard “Rich” Glorioso (R-Plant City), Rep. Joseph A. “Joe” Gibbons (D- Pembroke Park), and Rep. Ari Abraham Porth (D-Coral Springs).

Politics: Senate Special Election Candidate Joe Negron and President-Designate Mike Haridopolos Lead in Campaign Expenditures
State Sen. Mike Haridopolos (R-Melbourne), who will become Senate President in the 2010 –2012 biennium if the Republicans maintain their majority, has already spent $163,931 on his 2010 reelection campaign, according to campaign finance reports covering the period ending on June 30, 2009. Sen. Haridopolos told reporters that his high expenditure level is attributable to his practice of sending frequent mailings to constituents and his duties as Senate President-Designate, which involve extensive travel and activities on behalf of other Senate candidates.

Among senators seeking reelection, the next biggest spender was Sen. Nan Rich (D-Sunrise), who spent $42,564 (out of $190,238 raised) through June 30, 2009. Former Rep. Rene Garcia (R-Hialeah), who is running for the senate seat currently held by term-limited Sen. Rudy Garcia (R-Hialeah), has already spent $62,606 (out of $173,695 raised).

The leading fund raiser for the 2010 senate election cycle is state Rep. David Rivera (R-Miami), who has raised $412,839 for his campaign for the senate seat currently held by term-limited Sen. J. Alex Villalobos (R-Miami). Rep. Rivera spent $16,850 through June 30, 2009. His primary opponent, Rep. Anitere Flores (R-Miami), has raised $171,726 and has spent $1,664.

Republican former state Rep. Joe Negron of Stuart, who faces Democrat Bill Ramos of Jensen Beach in an August 4, 2009 special election for the senate seat of former Sen. Ken Pruitt (R-Port St. Lucie), had campaign expenditures of $418,412 (out of $499,685 raised) according to the latest campaign finance reports. Mr. Ramos reported expenditures of $28,808 (out of $40,046 raised).

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