Legislative Matter

Miami-Dade Legislative Item
File Number: 072242

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Clerk's Official Copy

File Number: 072242

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-831-07

Control: Board of County Commissioners

File Name: SPECIAL ELECTION FOR SLOT MACHINES IN MIAMI-DADE

Introduced: 7/16/2007

Requester: NONE

Cost:

Final Action: 7/10/2007

Agenda Date: 7/10/2007

Agenda Item Number: 11A7

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE #071667

Title:

RESOLUTION CALLING SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, JANUARY 29, 2008 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AUTHORIZE SLOT MACHINES IN MIAMI-DADE COUNTY AS PROVIDED IN ARTICLE X, SECTION 23 OF THE FLORIDA CONSTITUTION [SEE ORIGINAL ITEM UNDER FILE NO. 071667]

Indexes:	SPECIAL ELECTION
	SLOT MACHINES

Sponsors:	Dennis C. Moss, Prime Sponsor
	Bruno A. Barreiro, Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Sally A. Heyman, Co-Sponsor
	Joe A. Martinez, Co-Sponsor
	Dorrin D. Rolle, Co-Sponsor
	Rebeca Sosa, Co-Sponsor
	Sen. Javier D. Souto, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

County Attorney	7/16/2007		Assigned	Jess M. McCarty

Board of County Commissioners	7/10/2007	11A7 AMENDED	Adopted as amended				P
REPORT:	Assistant County Attorney David Hope read into the record the following amendments to the foregoing proposed resolution: to delete the language “in pari-mutual facility” from the title of the ballot question and replace it with the language “…limited to existing Horse and Dog Tracks and Jai Alai Frontons”; and delete the language “in pari-mutual facility” in the body of the ballot question and replace it with the language “…at existing Horse and Dog Tracks and Jai Alai Frontons….” Commissioner Sorenson expressed opposition to this ordinance, in that gambling generally targets the poor. Commissioner Sorenson noted that Broward County had not met its projections concerning gambling machines, and suspected that Dade County probably would do the same. She stated that the County would be violating many of the recommendations made by the National Gambling Impact Committee. Commissioner Sorenson also noted that slot machines usually attracted locals, not visitors. Commissioner Sorenson referred to an editorial in today’s Miami Herald from a respected citizen who stated that slot machines seriously increased the livelihood of pathological gambling problems. She stated she felt this ordinance would not respond to any economic need nor benefit this community in anyway. Commissioner Diaz concurred with Commissioner Sorenson’s comments; however, he supported this ordinance because he felt that the additional revenue to the County outweighed the negatives. Commissioner Moss questioned what the agreed percentages of revenues to be generated by slot machines would go to the County. Assistant County Attorney Jess McCarty noted the State of Florida imposed a 50% tax on gambling to fund education statewide. He stated that the terms of the agreement were 30 years with a one time 30-year renewal that provided 1.5% of the revenues generated by slot machines would go to the County’s General Fund. Commissioner Seijas asked if the term “existing” in the language of the ballot question meant the facility had to be active. She noted that the County’s Dog Track facility was not an active facility; however, the Hialeah Race Track was excluded from this contract. Assistant County Attorney Hope advised that based on the statewide Constitutional Amendment, the Hialeah Race Track did not qualify. Lobbyist Ron Book clarified that the language in the Constitutional Amendment limited slot machines to those facilities with an active permit. He stated that Hialeah was excluded because its permit had lapsed. Mr. Book noted that pending legislature’s approval of video lottery terminals (similar to slot machines), Hialeah would be included if its permit was renewed. Commissioner Moss stated he wished Hialeah could have been included. He urged the County lobbyists to find a way to include Hialeah if this ordinance was approved. Despite its negative aspect, gambling was a universal occurrence, which the County was not seeing any benefits, Commissioner Moss noted. He stated the County’s facilities and clientele were aging and he felt slot machines would help attract additional patrons and create additional opportunities for development and jobs. Following discussion, the foregoing proposed resolution was adopted as amended, as stated by Assistant County Attorney Hope.

Legislative Text

TITLE
RESOLUTION CALLING SPECIAL ELECTION IN MIAMIDADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, JANUARY 29, 2008 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AUTHORIZE SLOT MACHINES IN MIAMI-DADE COUNTY AS PROVIDED IN ARTICLE X, SECTION 23 OF THE FLORIDA CONSTITUTION

BODY
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. A Countywide special election is hereby called and shall be held in MiamiDade County, Florida on Tuesday, January 29, 2008 for the purpose of submitting to the qualified electors of Miami-Dade County the question of whether to authorize slot machines in existing pari-mutuel facilities as provided in Article X, Section 23 of the Florida Constitution.
Section 2. The question shall appear on the ballot in substantially the following form:
SLOT MACHINES LIMITED TO EXISTING HORSE
AND DOG TRACKS AND JAI ALAI FRONTONS
SHALL SLOT MACHINE GAMING BE PERMISSIBLE AT EXISTING HORSE AND DOG TRACKS AND JAI ALAI FRONTONS IN MIAMI-DADE COUNTY AS AUTHORIZED BY, AND SUBJECT TO THE RESTRICTIONS OF, STATE LAW AND SUBJECT TO STATE TAXES ON ALL SLOT MACHINE REVENUES THAT MUST BE USED TO SUPPLEMENT PUBLIC EDUCATION FUNDING STATEWIDE?
YES

NO�

Section 3. Such question shall appear on the ballot as a separate question or proposal. Those qualified electors desiring to adopt or approve such proposal shall be instructed to vote "YES." Those qualified electors desiring to reject or disapprove the proposal shall be instructed to vote "NO."
Section 4. This special election shall be held and conducted in accordance with applicable provisions of the general laws of the State of Florida and the provisions of the Miami-Dade County Home Rule Charter and Code.