State v. State Racing Commission

112 So. 2d 825
CourtSupreme Court of Florida
DecidedApril 3, 1959
StatusPublished
Cited by28 cases

This text of 112 So. 2d 825 (State v. State Racing Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. State Racing Commission, 112 So. 2d 825 (Fla. 1959).

Opinion

112 So.2d 825 (1959)

STATE of Florida on relation of FLORIDA JAI ALAI, INC., Petitioner,
v.
STATE RACING COMMISSION et al., Respondents.

Supreme Court of Florida.

April 3, 1959.
Rehearing Denied May 27, 1959.

*826 J. Lewis Hall, of Hall, Hartwell & Douglass, Tallahassee, John H. Gunn, Hubert H. Hevey, Jr., and George John Miller, Miami, for petitioner.

Richard W. Ervin, Atty. Gen., George E. Owen, Asst. Atty. Gen., and George F. Gilleland, Miami, for respondents.

Hoffman, Kemper & Johnson, Carl T. Hoffman, Miami, and Steed, Steed & Urban, Orlando, for amicus curiae.

HOBSON, Justice.

Florida Jai Alai, Inc., has filed a petition for alternative writ of mandamus, requesting that the respondent State Racing Commission of Florida, et al., be directed to issue a permit to the relator which would entitle it to operate a jai alai fronton in Seminole County, Florida. This court issued the alternative writ of mandamus and in due course the respondent filed an answer and return to the same.

The facts are relatively simple and not disputed. On June 26, 1958, Florida Jai Alai, Inc., filed an application for a permit to operate a jai alai fronton in Seminole County with the State Racing Commission. The Commission, at a meeting held on August 11, 1958, found that the relator in its application for the permit had fully met all of the requirements of Chapter 551, Florida Statutes, F.S.A., and the requirements of the rules and regulations of the Commission.

The Commission further found that, pursuant to § 551.12 of the Florida Statutes, F.S.A., no election was required in Seminole County, inasmuch as the necessary elections had been held in that county in which a majority of the voters voted in favor of the operation of more than one horse or dog track. In addition, the Commission found that the location proposed by the relator is within 20 miles of an already licensed dog racing track, but not within 20 miles of an already licensed jai alai fronton.

The Commission was of the belief that this court's opinion in the case of Florida State Racing Commission v. McLaughlin, Fla. 1958, 102 So.2d 574, 575, raises some doubt as to whether § 551.12 and § 550.05, when construed together, prohibited licensing of a fronton within 100 miles of an already licensed racing plant.[1]

*827 The Commission, after making the above findings and expressing its opinion as to the effect of the McLaughlin case, denied the application of Florida Jai Alai, Inc.,

"on the sole ground that Section 551.12 of the Florida Statutes might be construed to preclude the Commission from licensing the operation of a jai alai fronton within twenty (20) miles of an already licensed racing plant."

The statutes involved are Section 551.12 (Fronton law) and Section 550.05 (Dog and Horse racing law).

Section 551.12, Florida Statutes, F.S.A., provides in part:

"All other pertinent provisions of chapter 550, dealing with the powers, duties and liabilities of the state racing commission and of the operators of dog racing tracks and dealing with the location thereof and with the issuance and granting of permits and licenses to conduct dog racing not inconsistent with the express provisions of this chapter shall be construed to relate to and govern the state racing commission and the operators of any fronton and the location thereof and the issuance and granting of permits and licenses for the operation of frontons under the provisions of this chapter as fully as if the same were herein expressly set out; provided, however, that in no event shall any jai alai fronton be licensed to operate within twenty miles of a fronton already licensed." (Emphasis supplied.)

Section 550.05, Florida Statutes, F.S.A., provides in part:

"Upon all applications filed and approved a permit shall be issued to the applicant setting forth the name, the location of the race track, the kind of racing desired * * *; and provided further that no application shall be considered and no permit shall be issued by the racing commission nor voted upon in any county to conduct running horse races, harness horse races or dog races at a location within one hundred miles road travel via most practical route of another location for which a permit has been issued and a racing plant located, * * *."

The relator, respondent and amicus curiae all agree that under our statutes: (a) Permits for the conduct of horse races, harness horse races or dog races cannot be issued for a location within 100 miles road distance of another racing plant. Thus, a dog racing track permit cannot be issued for a location within 100 miles of a harness horse racing, horse racing or another dog racing plant.[2]

(b) A jai alai fronton permit cannot be issued for a location within 20 miles road distance of an already licensed jai alai fronton.[3]

The dispute between the parties arises out of the answer to the question whether or not there is a statutory requirement which prohibits a jai alai fronton from being licensed to operate within a given distance of any already licensed dog or horse racing plant and, if so, what is said distance requirement?

The primary problem before us is one of statutory construction. The rules governing such construction were adequately set forth in the McLaughlin case, supra, 102 So.2d 574, 575.

"`It is elementary that the function of the Court is to ascertain and give effect to the Legislative intent in enacting a statute.
"`In applying this principle certain rules have been adopted to guide the *828 process of judicial thinking. The first of these is that the Legislature is conclusively presumed to have a working knowledge of the English language and when a statute has been drafted in such manner as to clearly convey a specific meaning the only proper function of the Court is to effectuate this legislative intent.
"`This rule is subject to the qualification that if a part of a statute appears to have a clear meaning if considered alone but when given that meaning is inconsistent with other parts of the same statute or others in pari materia, the Court will examine the entire act and those in pari materia in order to ascertain the overall legislative intent.
"`When construing a particular part of a statute it is only when the language being construed in and of itself is of doubtful meaning or doubt as to its meaning is engendered by apparent inconsistency with other parts of the same or a closely related statute that any matter extrinsic the statute may be considered by the Court in arriving at the meaning of the language employed by the Legislature.'"

We see then that one of the cardinal rules of statutory construction is that where the language of a statute is so plain and unambiguous as to fix the legislative intent and leave no room for construction, admitting of but one meaning, courts in construing it may not depart from the plain and natural language employed by the legislature.[4]

An examination of § 551.12 in the light of the above legal principles leads us to the conclusion that its plain language does not preclude a jai alai fronton permit from being issued for a location within 20 miles of an existing dog racing track. Such a construction gives effect to the unambiguous language of § 551.12:

"All other pertinent provisions of chapter 550 * * *

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ago
Florida Attorney General Reports, 1999
State, Dept. of Envir. v. Scm Glidco Org.
606 So. 2d 722 (District Court of Appeal of Florida, 1992)
Protective Insurance v. Great Dane Trailers of Florida, Inc.
50 Fla. Supp. 2d 136 (Florida Circuit Courts, 1991)
Lareau v. State
573 So. 2d 813 (Supreme Court of Florida, 1991)
In Re Adoption of a Minor Child
570 So. 2d 340 (District Court of Appeal of Florida, 1990)
Makar v. Investors Real Estate Management, Inc.
553 So. 2d 298 (District Court of Appeal of Florida, 1989)
Carawan v. State
515 So. 2d 161 (Supreme Court of Florida, 1987)
DEPT. OF LEGAL AFF. v. Sanford-Orlando Kennel Club, Inc.
434 So. 2d 879 (Supreme Court of Florida, 1983)
City of Tampa v. Titan Southeast Construction Corp.
535 F. Supp. 163 (M.D. Florida, 1982)
State v. Egan
287 So. 2d 1 (Supreme Court of Florida, 1973)
In Re Grand Jury Investigation
287 So. 2d 43 (Supreme Court of Florida, 1973)
Hillsborough Cty. Envir. P. Com'n v. Frandorson Prop.
283 So. 2d 65 (District Court of Appeal of Florida, 1973)
Sugar Cane Growers Cooperative of Florida v. Florida Revenue Commission
179 So. 2d 393 (District Court of Appeal of Florida, 1965)
Tyson v. Lanier
156 So. 2d 833 (Supreme Court of Florida, 1963)
James Talcott, Inc. v. Bank of Miami Beach
143 So. 2d 657 (District Court of Appeal of Florida, 1962)

Cite This Page — Counsel Stack

Bluebook (online)
112 So. 2d 825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-state-racing-commission-fla-1959.