§ 107. Casino gambling.

A.

Reservation of power by the electorate. The citizens of Orange County reserve to themselves the power to approve or disapprove casino gambling of any nature within the boundaries of the county. Therefore, if and when casino gambling becomes lawful under the Constitution and laws of the State of Florida, no action may be taken by the board of county commissioners, by the governing body of any municipality, or by any elected or appointed official or employee of either the county or any municipality, the effect of which is to authorize, to approve, or in any manner to allow casino gambling to occur anywhere in the county unless and until casino gambling in the county is first authorized by an approving vote of a majority of the qualified electors residing in the county and voting on the question at referendum, and such referendum must be separate and apart from any statewide or multicounty referendum on the question.

B.

Definition. For purposes of this section, "casino gambling" means playing or engaging in any game of skill or chance for money or any other thing of value, regardless of how such game is named, labeled, or otherwise characterized, which game of skill or chance, when played for money or other thing of value, was unlawful under the Constitution or laws of the State of Florida as of July 1, 1995.

C.

Referendum. At any primary, special, or general election, the board of county commissioners may offer to the electorate, and upon a petition from the governing body of a municipality in the county, the board shall offer as soon as practical to the electorate, the question of whether casino gambling shall be authorized in the county. Upon approval of the question at referendum, the county and any municipality may thereafter allow casino gambling to the extent lawful under the Constitution and laws of the State of Florida, and at the option of the board this section may then be deleted from this charter. If the question is disapproved at referendum, it may be offered to the electorate again from time to time, but in no case more frequently than once in any period of twenty-four (24) months.

D.

Enforcement. The restrictions in this section may be enforced by the county, by any municipality in the county, or by any person substantially affected by any violation thereof.

E.

Municipal referenda not prohibited. Nothing in this section prohibits any municipality in the county, whether by charter or municipal ordinance, from likewise requiring approval by its voters at referendum before casino gambling may be allowed within the boundaries of the municipality, but any such referendum requirement shall be in addition to, not in substitution of, the referendum approval required by subsection A.

(Ord. No. 96-3, § 2, 3-12-96)