Hialeah Racing Ass'n v. Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering
Hialeah Racing Ass'n v. Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering
Opinion of the Court
Hialeah Racing Association, LLC (“Hialeah Racing”), appeals a final order of the
The record demonstrates that the Department’s order is supported by competent, substantial evidence. § 120.68(7)(b), Fla. Stat. (2004); Pou v. Dept. of Ins., 707 So.2d 941 (Fla. 3d DCA 1998); Pershing Indus., Inc. v. Dep’t of Banking & Fin., 591 So.2d 991 (Fla. 1st DCA 1991). Additionally, this court will not overturn an agency’s construction of a statute it has been entrusted to administer where its interpretation is not clearly erroneous. Pan Am. World Airways, Inc. v. Fla. Pub. Serv. Comm., 427 So.2d 716 (Fla. 1983); Pershing Indus., Inc. The record supports the agency’s finding that Hialeah’s voluntary decision not to run its scheduled races was based purely on an economic concern, which is not a statutory exception.
Affirmed.
. Failure to operate performances at the date and time specified on a license subjects a permitholder to fine or suspension of a license "unless such failure was the direct re-suit of fire, strike, war, or other disaster or event beyond the ability of the permitholder to control.” § 550.01215(4), Fla. Stat. (2002).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.