THE STATE OF FLORIDA ON THE RELATION OF CALDER RACE COURSE, INC., A FLORIDA CORPORATION, PETITIONER,
v.
DEPARTMENT OF PROFESSIONAL BUSINESS REGULATION, DIVISION OF PARI-MUTUEL WAGERING, RESPONDENT
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Calder Race Course petitioned for a writ of mandamus requiring the Division of Pari-Mutuel Wagering to issue a license for summer thoroughbred racing. The court granted the writ, finding that the Division had a mandatory duty to issue the license by March 1, 1983, when the applicant met all statutory requirements.
The court held that where an applicant for a horse racing permit meets all requirements and conditions in Chapter 550, the duty to grant the permit is mandatory, not discretionary. The Division was obligated to issue the license by March 1, 1983, and its failure to do so entitled Calder to mandamus relief.
[1] A duty to grant a permit to conduct horse racing is mandatory when the applicant meets all statutory requirements, conditions, and qualifications.
[2] The Division of Pari-Mutuel Wagering is obligated to issue a license for summer thoroughbred horse racing on or before March 1 of each year.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Where an applicant for a permit to conduct horse racing meets all the requirements, conditions and qualifications set forth in Chapter 550, the duty to grant the permit is mandatory and not discretionary.”
Establishes that the Division's duty to issue the license is mandatory when statutory requirements are met, not subject to discretion.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCalder Race Course timely applied for a license to conduct summer thoroughbred racing from May 30 to November 10, 1983. No other track in Dade or Brow…
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FERGUSON, Judge.
By an Emergency Petition for a Writ of Mandamus, Calder Race Course seeks an order directing respondent to issue a license authorizing it to conduct a racing meet during the summer thoroughbred racing season opening May 30, 1983 and closing November 10, 1983.1
The Division of Pari-Mutuel Wagering (hereinafter the “Division”) responds: (1) the duty to assign racing dates belongs to the Florida Pari-Mutuel Commission which is not a party to this proceeding, (2) dates cannot be assigned for the summer thoroughbred racing season until dates are fixed for commencement of the 1983-84 winter thoroughbred season, (3) the controlling statute, Section 550.081, Florida Statutes (1981), has been declared unconstitutional by the Fourth District Court of Appeal in Hialeah, Inc. v. Gulfstream Park Racing Association, 428 So. 2d 312 (Fla. 4th DCA 1983). In its response, the Division admits that the application of Calder to conduct 1983 summer thoroughbred racing was timely and that no other track in Dade or Broward County has applied to conduct racing during that period.
The response to the petition fails to state a legal defense. It was conceded at oral argument that as a matter of long standing practice any application for racing dates is addressed to the Division, which is empowered to carry out the provisions of the racing statute,2 and never to the Commission. Even if the exact dates for commencement and ending of the summer thoroughbred racing season cannot be precisely determined at this time, those dates can be fixed in accordance with Section 550.41(1), Flori da Statutes (1981) to a reasonable certainty,3 without reliance upon Section 550.081.4
Where an applicant for a permit to conduct horse racing meets all the requirements, conditions and qualifications set forth in Chapter 550, the duty to grant the permit is mandatory and not discretionary. Section 550.02(6), Fla.Stat. (1981). See Florida State Racing Commission v. Bourquardez, 42 So. 2d 87, (Fla.1949), cert. denied, 45 So. 2d 876 (Fla.1950); Brooks v. Anastasia Mosquito Control District, 148 So. 2d 64 (Fla. 1st DCA 1963). The Division of Pari-Mutuel Wagering, which is obligated to issue a license for summer thoroughbred horse racing on or before March 1 of each year,5 failed to issue such license by March 1, 1983.
The writ of mandamus is granted.
NO MOTION FOR REHEARING SHALL BE ENTERTAINED.
. This court’s jurisdiction is based on Fla.R. App.P. 9.030(b)(3) and 9.100(b).
. Section 550.02, Fla.Stat. (1981).
.Section 550.41(1), Florida Statutes (1981) authorizes the issuance of a permit for 120 days of summer thoroughbred horse racing to be conducted during the period beginning on May 6 and ending on or before November 12 of each year, exclusive of Sundays. On January 21, 1982, the Commission had awarded to Calder Race Course the 21-day special racing period, beginning May 5, 1983 and ending May 28, 1983, in accordance with Section 550.081(2), Florida Statutes (still valid at the time), which requires the special racing period to begin the day after the conclusion of the third period of winter racing. No conflict exists between these dates already set for the special racing period and the date of May 30, 1983, requested by Calder Race Course as the opening date of the 1983 summer thoroughbred racing season. Furthermore, the setting of November 10, 1983 as the closing date of that season complies with Section 550.41(1).
. Section 550.081, Florida Statutes (1981) has been declared unconstitutional, prospectively, insofar as it delegates power to the Pari-Mutuel Commission to allocate racing periods to competing tracks without legislative guidelines. Hialeah, Inc. v. Gulfstream Park Racing Association, supra.
. Section 550.43, Fla.Stat. (1981) provides:
... On or before March 1 of each year, the Division of Pari-Mutuel Wagering shall issue a license authorizing the permitholder to conduct a racing meet during the summer thoroughbred racing season, during the period and for the number of days set forth therein. .. .
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gulfstream Park Racing Ass'n, Inc. v. State, 443 So. 2d 113 (Fla. 3d DCA 1983)…st DCA 1981). The allocation of racing dates, where, as here, more than one track has applied for the same dates, is manifestly not a ministerial function. Cf. State ex rel. Calder Race Course, Inc. v. Department of Professional Business Regulation, 429 So. 2d 103 (Fla. 3d DCA 1983) (where sole applicant for particular racing dates indisputably meets all the requirements, conditions and qualifications for a permit to conduct thoroughbred rac [*116] ing, the duty to grant the permit is mandatory and not discre…1 / 2
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Tropical Park, Inc. v. Dep't OF Bus. Reg., 433 So. 2d 1329 (Fla. 3d DCA 1983)…ospectively, insofar as it delegates power to the Pari-Mutuel Commission to allocate racing periods to competing tracks without legislative guidelines. [*1332] State ex rel. Calder Race Course, Inc. v. Department of Professional Business Regulation, 429 So. 2d 103 (Fla. 3d DCA 1983) (emphasis added). It is therefore clear that the court in Hialeah did not condemn section 550.081 in its entirety, but merely invalidated the allocation provision of subsection 3. We next consider whether the remainder of the sta…
Authorities Cited
- Fla. State Racing Comm'n v. Bourquardez, 42 So.2d 87 (Fla. 1949)
- Brooks v. Anastasia Mosquito Control Dist., 148 So. 2d 64 (Fla. 1st DCA 1963)
- Hialeah, Inc. v. Gulfstream Park Racing Ass'n, Inc., 428 So. 2d 312 (Fla. 4th DCA 1983)