Amending the US state of Florida’s gaming laws to allow for resort-style casinos is “a long shot”, according to one legal expert.
Florida’s lawmakers are presently debating the merits of legislation put forward by politicians Erik Fresen and Ellyn Bogdanoff that would potentially allow for three resort-style casinos to be established in the state.
Marc Dunbar, of Pennington, Moore, Wilkinson, Bell and Dunbar, told InterGaming that the opposition to such a move – which includes major statewide business organisations, politicians and law enforcement associations – will mean casino gaming legislation faces a “significant uphill battle.”
Florida, after all, is already one of the largest gambling markets in the US with both pari-mutuel and tribal gaming facilities. In addition to those keen to protect their existing gambling interests, politicians also face another major hurdle in the form of the Florida Supreme Court.
“First and foremost is the case pending in our Supreme Court that involves whether the Florida legislature has the authority to expand gambling under the Florida Constitution,” Dunbar explained. “While a trial judge and appellate panel has ruled in favour of the Legislature’s authority, this case presents a major cloud over any gaming expansion measure as our entire gambling code must be re-written to accommodate casino gambling at the scale being proposed.”
To have any real chance of passing, it is thought that a new gaming bill must make concessions to the pari-mutuel industry to ensure it is not cannibalised by an expansion of gaming. Additionally, revenues derived from the gaming compact with the Seminole Tribe must either be protected or replaced through any new gaming proposal. Then there’s the economy. Florida is facing a revenue shortfall of nearly $2bn and no measure that increases this budget deficit will win favour.
Despite the news that the Miami Chamber of Commerce has publicly announced its support for gambling expansion, albeit on its own terms, the momentum generated towards the end of 2011 may be lost in the next few months as the state legislature grapples with other issues during its next session through to March.
“The Florida Constitution requires the passage of only two measures, the state budget and the dicennial redistricting plan,” said Dunbar. “These two items have the ability to suck the oxygen out of the entire legislative process, leaving little appetite for such ambitious proposals as a wholesale rewrite of Florida’s gambling regulatory structure.
“In short, you will know by mid-March if Florida is to become the next big player in the global gaming marketplace.”
