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Judge gives go-ahead for slots
Lawmakers' failure to enact rules can't be allowed to stymie voters' wishes, says the ruling for Broward County.
Associated Press
Published June 22, 2005
FORT LAUDERDALE - A judge ruled Tuesday that four Broward County parimutuel operations can begin operating slot machines July 1 even though the state Legislature has failed to enact rules for their use.
Circuit Judge Leroy Moe said the Legislature violated the intent of a constitutional amendment passed last year by voters statewide allowing slot machines at South Florida horse and dog tracks and jai alai frontons if local voters agreed.
In March, Broward County voters agreed to slots. Miami-Dade County voters rejected them.
Moe gave the Broward County Commission a deadline of July 1 to enact rules for slots. If the commission fails, the judge said he could impose the rules himself, and he reserved the right to review any rules that are issued.
There was no immediate word on whether state officials would appeal.
"Our attorneys are in the process of reviewing the judge's decision," said JoAnn Carrin, a spokeswoman for Attorney General Charlie Crist.
The judge's ruling came in a lawsuit filed by the Hollywood Greyhound Track, Dania Jai-Alai, Pompano Park Racing and Gulfstream Park, all in Broward. The lawsuit sought clarification of their legal rights regarding slots and for a ruling protecting them against any prosecution under antigambling laws.
Moe said that because of the constitutional amendment, the parimutuels could not be prosecuted for operating slots.
Dan Adkins, general manager of the greyhound track and a main proponent of slots, said the County Commission should be able to put together regulations for approval at its Tuesday meeting.
"I believe the county is prepared," Adkins said. "We're already licensed and regulated. It's not like you have to worry about an unscrupulous operator coming into the state."
An antigambling group, No Casinos, has filed a lawsuit in Circuit Court in Tallahassee arguing that the constitutional amendment cannot take effect until the Legislature decides how slot machines will be regulated and taxed. No ruling has been issued in that lawsuit.
Gov. Jeb Bush and legislative leaders have said they could hold a special session on slot machine regulation if ongoing negotiations produce a compromise. The main sticking points have been the type of machines to be allowed - bingo or Las Vegas style - taxation rates, hours of operation and requirements for the parimutuels to continue offering live racing or jai alai.
Bush has also opened negotiations with the Seminole Tribe over slot machines at the tribe's six gambling facilities. Under federal law, tribes are allowed to have the same type of gambling on reservations as is permitted elsewhere in a state.
[Last modified June 22, 2005, 01:08:17]
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