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Judge Threatens To Bring Slots To Broward, All On His Own

Gov. Bush Questions Judge's Response

POSTED: Tuesday, June 21, 2005
UPDATED: 4:56 pm EDT June 21, 2005

A Broward County judge says that if the state can't do what's needed to bring slots to Broward County starting July 1, he'll do it himself.

Circuit Judge Leroy Moe said Tuesday that if a legislative body -- either the state legislature or Broward County Commission -- doesn't have some regulations in place by July 1, he could be the one to establish regulations.

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Is the judge right to try to circumvent the Legislature?
Moe ruled that the legislature violated the intent of a constitutional amendment passed last year by voters statewide. The vote allows slot machines at South Florida horse and dog tracks and jai-alai frontons.

Broward County voters endorsed slots in March. Miami-Dade County voters rejected them.

Moe's ruling is essentially an ultimatum giving the Broward County Commission a July 1 deadline to enact rules for slots.

He says if the commission fails to meet the deadline, he'll impose the rules himself.

Gov. Jeb Bush's office issued a statement Tuesday saying, "We find it highly unusual that the judge would rule from the bench at the first hearing on a case that is laden with such complex constitutional issues."

The governor's office 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, taxation rates, hours of operation and requirements for the pari-mutuels 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 their reservations as is permitted elsewhere in a state.

An anti-gambling group called No Casinos has also 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.

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