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FLORIDA QUARTER HORSE TRACK ASS'N v. STATE

No. 1D13-2660.

133 So.3d 1118 (2014)

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.

District Court of Appeal of Florida, First District.

Rehearing Denied March 17, 2014.

Attorney(s) appearing for the Case

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.

PER CURIAM.

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.

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