Quote:
Originally Posted by totaltool
As mentioned a couple posts earlier, do you think there's any chance that online gambling (or at least online poker) could get negotiated in new compact with the Seminoles for 2015 and beyond?
No.
The current compact gives the tribe a discount on revenue-sharing if ipoker is authorized in FL and it causes a drop in tribal casino gaming revenue below a certain level. I don't forsee the new compact granting the tribes the right to offer ipoker as this would be considered gambling expansion, something reserved to legislative action - and unlikely to gain the approval of the legislature.
I think the current clause in the compact would be carried over to the new one, and I could even see a clause included which grants the tribe the right to participate in ipoker if it is authorized for anyone else (although unlikely).
BTW, I took a look at
HJR 7151, the legislation to make all future gambling expansion subject to voter referendum in FL. Gambling is defined in the legislation as any gaming that is classified as Class III under IGRA. Interestingly, this means that future expansion of live poker - such as decoupling from pari-mutuel racing or expansion of licensing to other facilities - would not be subject to voter referendum as live poker is classified in IGRA as Class II.
This also begs the question of whether authorization of ipoker in FL would require a voter referendum (if HJR 7151 passes). The base issue would be is ipoker Class II or Class III gaming. This has been discussed in PL extensively before, and I did
concede that it is Class III. However, this is based on a
NIGC rule, not strictly on statutory language or court interpretation. It is conceivable that a legal challenge to the rule, or even just a request for a new ruling, could change the rule to put ipoker into Class II gaming. So, there would still be a few doors open to ipoker in FL.
As a final note, consider this: There are two legislative efforts advancing this year in the FL legislature - a bill to establish a new gambling commission to take over regulation of all FL gambling (except the lottery), and possibly to authorize two destination casino resorts in S FL; and the resolution to make all future gambling expansion subject to voter referendum. What happens if both pass (and I'm sure that if the bill passes, then the resolution will be passed) and then the governor vetoes the bill but not the resolution?
Last edited by PokerXanadu; 03-25-2014 at 03:36 PM.