Florida Government and Politics Weekly Update

Legislature: Legislative Opposition to Seminole Gaming Pact Increases, Making a November Special Session Less Likely
Leaders of both the Florida House and the Florida Senate have now signaled their concerns regarding the gaming compact that the Seminole Tribe of Florida and Gov. Charlie Crist announced on August 31, 2009, making quick ratification of the plan during a special legislative session less likely than ever. Gov. Crist had urged legislators to approve the compact as quickly as possible, but Senate President Jeff Atwater (R-North Palm Beach) quickly responded that an October special legislative session to consider the compact was not possible.

On September 22, 2009, House leadership made a November special session appear unlikely. Rep. Bill Galvano (R-Bradenton), Chair of the House Select Committee on Seminole Indian Gaming Compact Review, informed the members of his committee that they would not begin consideration of the compact until November 2009. Rep. Galvano said, “Although we are still reviewing the details and analyzing what the compact means, our initial review has confirmed the proposed compact substantially deviates from the direction authorized by the Legislature in a number of significant aspects.”

During the 2009 legislative session, legislators passed SB 788, which set out the parameters for a gaming compact and required legislative ratification of any compact that differed from those parameters. The compact as negotiated between the tribe and the governor differs from the plan authorized by the Legislature in several key areas:

• The Legislature wanted blackjack and other banked card games limited to two Seminole casinos in Broward County and one in Hillsborough County. The compact as negotiated allows blackjack at all seven Seminole casinos.
• The Legislature wanted to be able to expand authorizations for slot machines at pari-mutuel facilities beyond the current limitation to Miami-Dade and Broward counties. The compact gives the Seminole Tribe the exclusive authority to operate slot machines outside of those two counties.
• The Legislature wanted casinos regulated by the state agency that is already responsible for pari-mutuel law enforcement, the Division of Pari-Mutuel Wagering of the Florida Department of Business and Professional Regulation. The compact provides for regulation by the Florida Department of Revenue.

Earlier in the month, Senate President Atwater sent Gov. Crist a nine-page list of questions regarding the details of the compact. Like the House, the Senate does not appear to be eager to move forward without further information.

Rep. Galvano stated that the goal of SB 788 was to balance the interests of the Seminole Tribe and the state, but he added that “if the latest compact is any indicator, balancing these interests to our satisfaction may prove to be impossible.” He described the compact in its current form as “not acceptable.”

Politics: Trial Bar Admits Responsibility for Racially Tinged Mailer in Senate Special Election
One of the mysteries of the recent Republican primary in the Senate District 8 special election was the source of a mailing that appeared to rely on racist stereotypes. On September 23, 2009, Scott Carruthers, the executive director of the Florida Justice Association (formerly the Florida Academy of Trial Lawyers) admitted that a group calling itself the Conservative Citizens for Justice was affiliated with the trial lawyers’ organization, and that Conservative Citizens for Justice funded a controversial mailing by a group called Conservative Voters’ Coalition.

Conservative Voters’ Coalition was responsible for a mailer that went to 88,000 Jacksonville-area homes in August 2009. The mailer did not mention any specific candidate and included a reply card by which a voter could request an absentee ballot. It included images of Black Panthers, President Barack Obama, and Rev. Louis Farrakhan along with statements such as “Is this the change YOU want to believe in? Violence and intimidation at the voting booth,” and “armed thugs may try and scare you away from the voting booth.”

Trial bar groups were heavily involved in the special election, running a massive advertising campaign in opposition to the eventual winner, former state House Speaker John Thrasher (R-St. Augustine). The motivation for the mailer has not been made clear, but some observers speculate that the intent was to generate accusations of racism against one or more of the candidates in the Republican primary.

Mr. Carruthers noted that his organization was not involved in the development of the mailer, but conceded that the Conservative Citizens for Justice had paid Conservative Voters’ Coalition $69,000 to develop and mail the document. He said, “Morally and politically, it was indefensible. We had a moral duty to stop it and we didn’t.”

Politics: Broward County Commissioner and Other Officials Arrested for Fraud and Money Laundering
On September 23, 2009, Acting U.S. Attorney for the Southern District of Florida Jeffrey H. Sloman announced the arrest of one Broward County commissioner, one Broward school board member, one former Miramar City commissioner, and two others in a corruption sting involving fraud, extortion, money laundering, and bribery.

The officials are:

• Josephus Eggelletion, who was elected to the county commission after serving eight years in the Florida House. He is accused of participating in the laundering of $900,000 and receiving payments of at least $23,300.
• School board member Beverly Gallagher, who is accused of accepting $12,500 in bribes in exchange for steering school construction business to a favored subcontractor.
• Former Miramar City Commissioner Fitzroy Salesman, who is accused of accepting $5,840 in bribes related to city contracts.

After the arrests were announced, Gov. Crist issued executive orders suspending Mr. Eggelletion and Ms. Gallagher from office.

Public Policy News Alert is part of our ongoing commitment to providing up-to-the-minute information about pressing concerns or industry issues affecting our clients and our colleagues. If you have any questions about this alert or would like to discuss these topics further, please contact your Foley attorney or any of the following individuals: