Yesterday, the Florida state house approved the latest version of the state's compact with the Seminoles.  A few days earlier, the state senate had voted in favor of the compact as well.  By a vote of 29 to 9 in the Senate and 74 to 39 in the house, the state legislature gave its "thumbs up" to the Seminoles' exclusive right to operate table games at three of the tribe's casinos and slots in all of its casinos, in exchange for revenue-sharing payments to the state expected to reach as much as $1.5 billion over five years.  The compact still needs to be signed by Gov. Crist, who, as the state negotiator of the new compact, is sure to do so shortly.

And approved (or at least not disapproved) by the U.S. Secretary of the Interior.  The amount of the payments to the state, coupled with the relatively limited exclusivity granted to the tribe, will factor in whether the Secretary views the revenue-sharing provisions as an appropriate "give and take" in compact negotiations, or as an illegal state tax on tribal gaming.  Also relevant will be the fact that the revenue payments are for the state's unrestricted use.  At least in the Ninth Circuit, this can weigh toward finding that the payments are indeed a tax (see In re Indian Gaming Related Cases, a 2003 case out of the Ninth Circuit).

Still, it looks good for a valid compact in Florida . . . .

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