Fla. Quarter Horse Track Ass'n, Inc. v. State, Dep't of Bus. & Prof'l Regulation, Div. of Pari-Mutuel Wagering, Fla. Quarter Horse Racing Ass'n, Inc.
| Decision Date | 17 March 2014 |
| Docket Number | No. 1D13–2660.,1D13–2660. |
| Citation | 133 So.3d 1118 |
| Court | Florida District Court of Appeals |
| Parties | FLORIDA QUARTER HORSE TRACK ASSOCIATION, INC., Appellant, v. STATE of Florida, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI–MUTUEL WAGERING, Florida Quarter Horse Racing Association, Inc., Florida Quarter Horse Breeders and Owners Association, Inc., and Gerald Keesling, Appellees. |
OPINION TEXT STARTS HERE
An appeal from an order of the Division of Administrative Hearings.
Marc W. Dunbar of Jones Walker LLP, Tallahassee; and David S. Romanik of David S. Romanik, P.A., Oxford, for Appellant.
Garnett W. Chisenhall, Chief Appellate Counsel, Department of Business and Professional Regulation, Tallahassee; J. Stephen Menton and Michael J. Barry of Rutledge Ecenia, P.A., Tallahassee, for Appellees Florida Quarter Horse Racing Association, Inc., Florida Quarter Horse Breeders and Owners Association, Inc., and Gerald Keesling.
Appellant seeks review of a final order determining that the Division of Pari-mutuel Wagering's policy of treating “ ‘Gretna-style’ barrel match racing” as an authorized form of quarter horse racing for purposes of issuing permits and licenses under chapter 550, Florida Statutes, is a “rule” that has not been adopted pursuant to the rulemaking process in violation of section 120.54(1)(a), Florida Statutes. For the reasons that follow, we affirm. 1
The issue in this case is not whether barrel match racing can be or should be considered “horseracing” for purposes of the state's pari-mutuel wagering laws. Instead, the narrow issue in this case is whether the Division's policy of treating barrel match racing as an authorized form of quarter horse racing is an unadopted rule.2 On this issue, the Administrative Law Judge succinctly explained:
A policy which allows pari-mutuel wagering to be conducted on a previously unrecognized activity by deeming that activity to be “quarter horse racing” is without question a statement of general applicability having the force and effect of law. Florida administrative law does not allow an agency to establish such a policy stealthily by the issuance of expedient licenses; this is equally true whether the policy is highly controversial or widely praised. To be legal and enforceable, a policy which operates as law must be formally adopted in public, through the transparent process of the rulemaking procedure set forth in section 120.54. In sum, the Division's policy of licensing the conduct of pari-mutuel wagering on [barrel match racing], on the ground that [barrel match racing] is legally equivalent to quarter horse racing, constitutes an unadopted rule. As such, it violates section 120.54(1)(a).
We agree with this analysis, and because the findings upon which the analysis is based are supported by competent substantial evidence, we affirm the final order.
AFFIRMED.
1. We reject, without further comment, Appellant's argument that Appellees lacked standing below, Appellees' argument that Appellant lacked standing to appeal, and Appellees' argument that this appeal is moot because the Division did not appeal the final order and recently initiated rulemaking on matters related to the policy at issue in this case.
2. An unadopted rule is “an agency statement that meets the definition of the term ‘rule,’ but that has not been adopted pursuant to the requirements of s. 120.54.” § 120.52(20), Fla. Stat.; see also§ 120.54(1)(a), Fla. Stat. (...
To continue reading
Request your trial