Miami Herald

Challenge to Florida’s gaming compact with Seminole Tribe is rejected by state Supreme Court

- BY LAWRENCE MOWER lmower@tampabay.com Herald/Times Tallahasse­e Bureau

TALLAHASSE­E

The Florida Supreme Court tossed out a challenge to Florida’s gaming compact on Thursday, preserving legalized sports betting in the state for now.

The petition, filed by owners of one of the state’s oldest pari-mutuels, asked justices to invalidate the 2021 gaming agreement between Gov. Ron DeSantis and the Seminole Tribe of Florida, claiming it illegally expands gambling in the state.

The agreement, known as a compact, gave the tribe control over sports betting in Florida and allowed its casinos to offer roulette and craps. In return, the tribe agreed to pay the state at least $2.5 billion over the first five years of the deal.

But pari-mutuels argued the compact violated a 2018 voter-approved constituti­onal amendment that said expansion of gambling in Florida cannot occur without voter approval.

Justices didn’t weigh in on that issue on Thursday. Instead, they tossed out the challenge on a technicali­ty.

The pari-mutuels had filed a petition for a writ of quo warranto, which is used to challenge the authority of a state power — in this case, the ability of the governor and Legislatur­e to authorize offreserva­tion sports betting in alleged violation of the state Constituti­on.

But the writ was the improper method to challenge the compact, justices ruled. Instead of challengin­g the state’s ability to authorize the compact, the pari-mutuels should have directly challenged the constituti­onality of the compact itself through declarator­y and injunctive relief, justices wrote.

“This Court has never permitted use of the writ in the manner which Petitioner­s seek — to address the substantiv­e constituti­onality of an enacted law,” justices wrote.

The petition was filed by West Flagler Associates Ltd., Bonita-Fort Myers Corp. and Isadore Havenick, the former owner of Magic City Casino and current owner of Bonita Springs Poker Room near Fort Myers. Havenick also holds jai-alai permits in Miami.

The 30-year compact allows anyone over the age of 21 anywhere in Florida to use a sportsbett­ing app to place a bet with the tribe or through Florida pari-mutuels that contract with the tribe for that purpose.

To get around the 2018 constituti­onal amendment, the compact required all online sports bets from players in Florida be placed via the tribe’s servers.

West Flagler Associates Ltd. and Bonita-Fort Myers Corp. are also challengin­g the compact at the U.S.

Supreme Court, arguing it violates a federal law because it authorizes gambling off tribal lands.

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The Guitar Hotel, Seminole Hard Rock Hotel & Casino Sports bets can be made at the Seminole Hard Rock Hotel & Casino near Hollywood.

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