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CALDER RACE COURSE, INC. v. SCF, INC.

No. 1D20-1185, No. 1D20-1189.

326 So.3d 777 (2021)

CALDER RACE COURSE, INC., Appellant, v. SCF, INC., a Florida corporation, and Florida Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering, Appellees. Florida Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering, Appellant, v. SCF, Inc., a Florida corporation, and Calder Race Course, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied October 7, 2021.

Attorney(s) appearing for the Case

Wilbur E. Brewton and Kelly B. Plante of Brewton Plante, P.A., Tallahassee; Kristen M. Fiore of Akerman LLP, Tallahassee; and Tamara S. Malvin of Akerman LLP, Fort Lauderdale, for Calder Race Course, Inc.

Megan S. Silver , Joseph Y. Whealdon, III , and Johnny P. ElHachem , Assistant General Counsel, Department of Business and Professional Regulation, Tallahassee, for Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering.

Bradford J. Beilly and John Strohsahl of Beilly & Strohsahl, P.A., Fort Lauderdale; and David S. Romanik of David S. Romanik, P.A., Oxford, for SCF, Inc.

These consolidated appeals arise out of a final order concluding that the Florida Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering ("Division") engaged in unadopted rulemaking when it renewed Calder Race Course, Inc.'s ("Calder") slot machine gaming license for the 2019-2020 fiscal year. We reverse.

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