Backup Documents 04/14/2009 Item #16F 2
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16F2
MEMORANDUM
Date:
April 16, 2009
To:
Debbie Wight, Assistant
County Manager's Office
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2009-89: Supporting the
Seminole Indian Gaming Compact
Attached for your records is a copy of the document referenced above,
(Agenda Item #16F2), adopted by the Board of County Commissioners on
Tuesday, April 14, 2009.
The Minutes & Records Department has kept the original Resolution
where it will be held as part of the Board's permanent record.
Please let me know if I can be of any additional help,
If you have any questions, please call me at 252-8406.
Thank you.
Attachment
16F2
RESOLUTION NO. 2009- 89
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, IN SUPPORT OF A SEMINOLE INDIAN
GAMING COMPACT, WHICH INCLUDES A REVENUE SHARING
AGREEMENT WITH AFFECTED LOCAL GOVERNMENTS THAT WOULD
PROVIDE FIVE (5) PERCENT OF CASINO REVENUES DIRECTLY TO
AFFECTED LOCAL GOVERNMENTS TO OFFSET IMP ACTS TO
INFRASTRUCTURE.
WHEREAS, the State of Florida was notified that the U,S. Secretary of the Interior
planned to authorize the Tribe to conduct Class III gaming if a compact was not ratified by
November 15,2007; and
WHEREAS, on November 14, 2007, Governor Charlie Crist, on behalf of the State of
Florida, and Seminole Tribe Chairman Mitchell Cypress, signed a gaming compact to allow the
Tribe to operate certain "Class 111" games in Florida for the next 25 years; and
WHEREAS, the gaming compact executed by Governor Crist on behalf of the State of
Florida specifically allocated ninety-five (95) percent of Covered Games Revenue to the State's
Educational Trust Fund and five (5) percent of Covered Games Revenues to those local
governments (including both counties and municipalities) affected by the Tribe's operation of
Class III games; and
WHEREAS, the five (5) percent of the Covered Games Revenues to be remitted to those
affected local governments is necessary to offset the financial impacts of casino gaming on local
government's capital infrastructure and services, as well as those expenses incurred as a result of
providing numerous governmental services on a daily basis which are a direct result of providing
support to the casino, its employees and the impacts associated with tourism and daily visitors;
and
WHEREAS, the Seminole Gaming Compact was not authorized or ratified by the Florida
Legislature; that soon thereafter the Florida House of Representatives petitioned the Supreme
Court of Florida, disputing the Governor's authority to bind the State to the compact; and the
Supreme Court of Florida ruled on July 3, 2008 that Governor Crist did not have the authority to
enter into the gaming compact without the approval or ratification by the Florida Legislature; and
WHEREAS, the Seminole Tribe began operating Class III slot machines in January 2008
and banked card games in June 2008, while remitting the compact required payments to the State
with said payment revenue placed in escrow and unavailable for the State to use because of the
Florida Supreme Court decision; and
WHEREAS, the Florida Legislature is currently considering the proposed Seminole
Gaming Compact, set forth in House Bill 7129, formerly PCB SICR 09-01, which was filed
April I, 2009 by the Select Committee on Seminole Indian Compact Review, and which includes
the following provision: As providedfiJr 25 US C s. 2710(b)(2)(B)(v). the Tribe agrees to pay to
the State an additional amount equal to 5 percent of the annual amount setforth in Section B. of
this Part, which funds shall be used for the purposes of offj'etfing the impacts of the Tribe's
facilities on the operations of/ocal governments; and
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16F2
WHEREAS, to be more specific and clarify that disbursements will be made to the
affected local governments, and that those local governments will then identifY where those
dollars will be spent, Collier County staff proposes language that reads: "...whichfunds shall be
disbursed to affected local governments and usedfor the purpose of offsetting the impacts of the
Tribe 's facilities on the operations of local governments as determined by the affected local
government... "; and
WHEREAS, also proposed is Senate Bill 788 filed January 21, 2009 by Senator Dennis
Jones and Senator Jim King, which provides that all gaming revenue received by the State of
Florida pursuant to the compact be deposited into the "Education Enhancement Trust Fund,"
without any provisions for addressing the impacts on affected local governments; and
WHEREAS, House Bill 7129, with staffs proposed modified language, would then
appropriately provide for revenue sharing of five (5) percent with affected local governments,
however Senate Bill 788 does not provide any revenue sharing to local governments to offset the
impacts of Seminole Indian gaming; and
WHEREAS, Collier County and its existing residents will have to financially subsidize
the operations and impacts of the Seminole Indian Tribe's Immokalee Casino if the five (5)
percent of the Covered Games Revenues is not remitted to Collier County as a directly impacted
local government.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County
Commissioners does hereby support a Seminole Indian Gaming Compact which includes a
revenue sharing agreement with affected local governments that would provide five (5) percent
of casino revenues directly to affected local governments to offset impacts to infrastructure. To
that end the Board respectfully requests that the Florida Legislature support House Bill 7129
with consideration of Collier County's modified language, and oppose Senate Bill 788.
BE IT FURTHER RESOLVED, that a copy of this Resolution will be forwarded to the
members of the Collier County Legislative Delegation, the Office of the Governor, the Senate
President and House Speaker, and the Florida Association of Counties.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same,
this 14th day of April, 2009.
ATTEST:
DWIGHT E.BE9C,K, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COU TY, FLORIDA
B~~~U~'~le~k
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Ap 0 to form
and e ncy:
By: ~~/
DONNA' FIALA, Chairman
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Item#~
~da If-I j!8
=d i-IS "t11
Jeffr A, latzkow,
Cou y At rney
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