Expanding Slots in South Florida

In Florida Gaming Centers, Inc. v. Florida Department of Business and Professional Regulation, No. 1D10-6780, the First District Court of Appeal in Florida rejected a constitutional challenge to the authorization of slot machine gambling at Hialeah Race Track, near Miami.  At issue was 2009 legislation that effectively allowed slot machines at the Hialeah track.  Several neighboring pari-mutuels contended that a 2004 amendment to the Florida Constitution barred the extension of slots beyond those facilities that specifically meet the amendment’s criteria and those specified in voter referenda in Broward and Dade Counties.

Without dissent, the appellate court upheld the 2009 legislation.  The court ruled that the 2004 constitutional amendment gave the legislature discretion to allow slots in any pari-mutuel facility in the two counties where voters approved slot machine gambling.