Simmons v. Division of Pari-Mutuel Wagering, Dept. of Business Regulation

• Decision Date: 25 March 1982
• Docket Number: PARI-MUTUEL,No. 61643,61643
• Citation: 412 So.2d 357
• Parties: John SIMMONS, Manny Tortora, W. C. Knuck, Steve Lombardi, and Wayne Opperman, Appellants. v. The DIVISION OFWAGERING, DEPARTMENT OF BUSINESS REGULATION, State of Florida, Appellees.
• Court: Florida Supreme Court

Page 357

412 So.2d 357

John SIMMONS, Manny Tortora, W. C. Knuck, Steve Lombardi, and Wayne Opperman, Appellants. v. The DIVISION OF PARI-MUTUEL WAGERING, DEPARTMENT OF BUSINESS REGULATION, State of Florida, Appellees.

No. 61643.

Supreme Court of Florida.

March 25, 1982.

Elizabeth J. du Fresne of du Fresne & du Fresne, Miami, for appellants.

Janice G. Scott, Staff Atty., Dept. of Business Regulation, Division of Pari-Mutuel Wagering, Tallahassee, for appellees.

PER CURIAM.

This cause is before the Court on appeal of a decision of the district court of appeal that held a portion of a state statute unconstitutional. Simmons v. Division of Pari-Mutuel Wagering, 407 So.2d 269 (Fla. 3d DCA 1981). We have jurisdiction. Art. V, § 3(b)(1), Fla.Const.

The appellants contend that the district court erred not in finding one clause of section 550.241(1), Florida Statutes (Supp.1980), ¹ unconstitutional, but in upholding the remainder of the statute against appellants' challenges on various grounds.

The district court found the broad prohibition against racing an animal while there is in the animal's body "any substance which is foreign to the natural horse or dog," unconstitutional for not being rationally related to the objectives of the statute. § 550.241(1), Fla.Stat. (Supp.1980). The court upheld the remainder of the statute, prohibiting the administering to racing animals of "any drug, medication, stimulant, depressant, hypnotic, narcotic, local anesthetic, or drug-masking agent." Id. We affirm the district court's decision and adopt the reasoning expressed in the district court's opinion.

Accordingly, we hold that the clause, "any substance which is foreign to the natural horse or dog," as it appears twice in section 550.241, lacks a rational basis and is unconstitutional and void. The remainder of the provisions of the challenged statute are constitutional and are hereby upheld for the reasons stated by the district court of appeal.

The decision appealed is affirmed.

It is so ordered.

SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ALDERMAN, McDONALD and EHRLICH, JJ., concur.

1 Chapter 80-270, Laws of Florida, amended section 550.24 and enacted section 550.241, Florida Statutes (Supp.1980):

550.24 Conniving to prearrange result of race; using medication or drugs on horse or dog; penalty.-

(1) Any person who shall influence or have any understanding or connivance with any owner, jockey, groom, or other person associated with or interested in any stable, kennel, horse or dog or race in which any horse or dog participates, to prearrange or predetermine the results of any such race, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Any person who attempts to affect the outcome of a horserace or dograce through administration of medication or drugs to a race animal as prohibited by law; who administers any medication or drugs prohibited by law to a race animal for the purpose of affecting the outcome of a horserace or dograce; or who conspires to administer or to attempt to administer such medication or drugs is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

550.241 Racing of animals under certain conditions prohibited; penalties.-

(1) The racing of an animal with any drug, medication, stimulant, depressant, hypnotic, narcotic, local anesthetic, or drug-masking agent or any substance which is foreign to the natural horse or dog is prohibited. It is a violation of this section for a person to administer or cause to be administered any drug, medication, stimulant, depressant, hypnotic, narcotic, local anesthetic, or drug-masking agent or any substance which is foreign to the natural horse or dog to an animal which will result in a positive test for such substance based on samples taken from the animal immediately prior to or immediately after the racing of that animal. Rules may be promulgated which identify:

(a) Unacceptable levels of substances existing naturally in the untreated dog or horse but at abnormal physiological concentrations; or

(b) Acceptable levels of trace elements or...