Division of Pari-Mutuel Wagering Dept. of Business Regulation v. Caple, PARI-MUTUEL
| Decision Date | 13 September 1977 |
| Docket Number | PARI-MUTUEL,No. 76-1569,76-1569 |
| Citation | 350 So.2d 488 |
| Parties | DIVISION OFWAGERING DEPARTMENT OF BUSINESS REGULATION, State of Florida, Appellant, v. W. F. CAPLE, Appellee. |
| Court | Florida District Court of Appeals |
William A. Hatch, Tallahassee, for appellant.
Rentz, McClellan & Haggard, Miami, for appellee.
Before BARKDULL, HAVERFIELD and NATHAN, JJ.
This is an appeal from a permanent injunction which prohibits the appellant Division of Pari-Mutuel Wagering from temporarily suspending the appellee from his occupation as a thoroughbred racehorse trainer. The trial court order also declared that Sections 1.06(15) and (16) of Chapter 7E, Florida Administrative Code, are unconstitutional and invalid.
We concur with the trial judge's well-reasoned opinion that the above cited sections of the Administrative Code violate the principles of law set forth in State v. Baldwin, 159 Fla. 165, 31 So.2d 627 (1947), and we therefore affirm the order of the trial court.
However, because of changes in the Code concerning the ultimate responsibility of trainers for insuring compliance with the Code and given the considerable lapse of time since the Baldwin opinion, we hereby certify the following question to the Supreme Court as a question of great public interest:
Is a thoroughbred horse trainer an absolute insurer under Administrative Rule 7E, Sections 1.06(15) and (16)?
The judgment of the trial court is affirmed and the above question is certified as noted.
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Division of Pari-Mutuel Wagering, Dept. of Business Regulation v. Caple
...a thoroughbred horse trainer an absolute insurer under Administrative Rule 7E, Section 1.06(15) and (16)?" In its decision, reported at 350 So.2d 488, the district court held that although the cited provisions of the Florida Administrative Code impose strict liability on horse trainers for ......
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Division of Pari-Mutual Wagering Dept of Business Regulation v. Caple, PARI-MUTUEL
...HAVERFIELD, C. J., and BARKDULL and KEHOE, JJ. ORDER ON MANDATE PER CURIAM. WHEREAS, the judgment of this court was entered on September 13, 1977, 350 So.2d 488, affirming the order granting permanent injunction of the Circuit Court of Dade County, Florida, in the above styled cause; WHEREA......