Florida Thoroughbred Breeders' Association, Inc. v. Calder Race Course, Inc.

283 So. 3d 843 (2019)

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Florida Thoroughbred Breeders’ Association, Inc. v. Calder Race Course, Inc.

Florida District Court of Appeal
283 So. 3d 843 (2019)

Facts

In 2004, Florida voters approved a state constitutional amendment authorizing Miami-Dade and Broward Counties to hold countywide referenda in which voters could approve placing slot machines in certain existing pari-mutuel-wagering facilities. The Florida Legislature enacted Chapter 551 of the Florida Statutes to implement the amendment. Section 551.102(4) defined an “eligible facility” for purposes of obtaining a slot-machine-gaming license as any licensed pari-mutuel facility in Miami-Dade or Broward County that was in existence at the time that the constitutional amendment was adopted and that had conducted live racing or games during 2002 and 2003. Calder Race Course, Inc. (Calder) (defendant) was a licensed pari-mutuel facility in Miami-Dade County that had held thoroughbred horseraces since 1971 and had conducted live racing in 2002 and 2003. After adoption of the constitutional amendment, Calder obtained a slot-machine permit authorizing the use of machines at its facility. Calder later obtained a summer permit for jai alai, a ball sport similar to racquetball. Calder wanted to stop conducting thoroughbred horseracing and begin operating jai alai games instead. Calder petitioned the Florida Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (the division) for a declaration that Calder would be able to maintain its “eligible facility” status for its slot-machine permit if it discontinued horseracing and instead began operating jai alai. The division issued a declaratory statement that Calder would be able to continue its slot-machine operations. The Florida Thoroughbred Breeders’ Association, Inc. (plaintiff) challenged the division’s decision in a Florida appellate court, asserting that in order to maintain eligibility for a slot-machine permit, a pari-mutuel facility must continue the same type of pari-mutuel-wagering activity that originally qualified the facility for the permit.

Rule of Law

Issue

Holding and Reasoning (Wolf, J.)

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