Florida District Courts of Appeal, 1995

Gulfstream Park Racing Ass'n v. Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

Gulfstream Park Racing Ass'n v. Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering
Florida District Courts of Appeal · Decided October 25, 1995 · Gunther, Polen, Stevenson
661 So. 2d 955; 1995 Fla. App. LEXIS 11379; 1995 WL 623467 (Southern Reporter, Second Series)

Gulfstream Park Racing Ass'n v. Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

Opinion of the Court

GUNTHER, Chief Judge.

Appellant, Gulfstream Park Racing Association, Inc., appeals a declaratory statement issued by the Division of Pari-Mutuel Wagering of the Department of Business and Professional Regulation. In the declaratory statement, the Division determined that section 550.2625(2)(a), Florida Statutes (1993), was clear and unambiguous and required Gulfstream to withhold and pay an additional three percent from all exotic wagering to thoroughbred horse owners when it withheld in excess of twenty percent from the handle during its 1994 meet. We affirm the declaratory statement and the Division’s interpretation of section 550.2625(2)(a) without prejudice to Gulfstream to raise any affirmative defenses in future proceedings.

AFFIRMED.

POLEN and STEVENSON, JJ., concur.

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