The Florida House and Speaker Marco Rubio on Nov. 19th filed a petition with the Florida Supreme Court seeking to black Gov. Charlie Crist from permitting Class 3 gaming for the Seminole Tribe of Florida without the Legislature's approval.

The petition argues that the compact that Crist signed with the Seminoles on Nov. 14th violates the Florida Constitution's separation of powers clause and encroaches on the Legislature's law and policymaking authority.

Rubio contends that five other state supreme courts, in suits filed by legislatures, have held that "a governor may not unilaterally bind a state to a gaming compact" with Indian tribes.

Crist said his office is reviewing the petition.

If the Florida Supreme Court decides to take up the case, as appears likely, it will set a schedule for motions and hearings.

The compact signed by Crist and the Seminoles would permit the tribe to upgrade its current Class II bingo-style machines to Class III Las Vegas-style slot machines at its seven Florida casinos and give the Seminoles exclusive rights in Florida for blackjack and baccarat.

The compact also calls for the Seminoles to pay the state at least $100 million a year from their gaming net revenue, with the state's share to increase on a sliding scale as the Seminole's revenue increases.

The U.S. Department of the Interior had given Crist a Nov. 14 deadline to negotiate an agreement. Without a compact, the Seminoles and Miccosukees would have been able to upgrade from Class II to Class III slots without paying anything to the state.

The Department of Interior has until Dec. 28 to approve the Crist-Seminole compact.