Seminole gaming compact gets nod, with caveats

TAMPA, Fla. - The federal government has given tacit approval to Florida's gaming compact with the Seminole Tribe but expressed several reservations over several provisions.

"The department sometimes uses that ‘deemed approved’ approach when it knows a lot has been invested in the agreed-upon compact," said Professor Kathryn Rand, the co-director of the Institute for the Study of Tribal Gaming Law.

Indeed, the compact allows the Seminole Tribe to run craps, roulette and sports betting while bringing the state $6 billion over 10 years.

Even though the government acknowledged the compact mostly adheres to federal law, it is concerned the state is relieving the tribe of too much legal autonomy, and also about how revenue from sportsbooks will be shared with pari-mutuels.

"[This is] the Interior Department's way of signaling this is OK for Florida and the Seminoles," said Rand. "But we don't think this would be OK in another setting, another state."

"No Casinos in Florida" is pledging to sue over an amendment approved by 72% of voters in 2018. That said, voters have to approve new casino games.

"We are not concerned, we think the courts will weigh the case based on the merits, look at the law and apply the law and rule in favor of the people of Florida," said the leader of No Casinos, John Sowinski.

Further, when they approved their part of it in May, state lawmakers also admitted they weren't sure the sportsbook side of the compact is legal.

The compact views mobile bets as legal because the servers are on tribal land. No Casinos will sue over that too.

"That does not pass the straight-face test," said Sowinski. "And most importantly, won't pass legal tests when it is challenged."

The Department of Interior said the evolving technology of how bets are placed, meaning by phone, "should not block tribes from participating in the gaming industry."