The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . the reasons' that follow,'we affirm, holding that the Division properly construed and applied section 550.0745 . . . applications with the Division, each application seeking a new summer jai alai permit pursuant to section 550.0745 . . . , because SFRA declined on each occasion to convert its permit to a summer jai alai permit, section 550.0745 . . . Rather, the Division contends that SJAP was not eligible to convert its permit under section 550.0745 . . . Again, section 550.0745(1) provides: The owner or operator of a pari-mutuel. permit who is authorized . . .
. . . Jai Alai Permit” for the 2011-2012 and 2012-2013 fiscal years pursuant to paragraph (1) of section 550.0745 . . . Thus, section 550.0745, Florida Statutes, must be strictly construed in determining whether a permit . . . Here, we find that the plain meaning of section 550.0745(1) creates two separate ways for permittees . . . Under the first sentence of section 550.0745(1), a qualified pari-mutuel permit-tee “may apply to the . . . See § 550.0745(2), (3), & (4), Fla. Stat. . . .
. . . Wagering (“the Division”) denying SFRA’s application for a summer jai alai permit pursuant to section 550.0745 . . . order, the Division interpreted the phrase “smallest play or total pool within the county” in section 550.0745 . . . Because we agree with SFRA that the Division’s interpretation of section 550.0745(1) was clearly erroneous . . . the right to convert its quarter horse racing permit to a summer jai alai permit pursuant to section 550.0745 . . . Thus, the Division’s interpretation of section 550.0745(1) limiting the “total pool within the county . . .
. . . Division), which denied SFRA’s application seeking a permit to conduct summer jai alai under section 550.0745 . . . s interpretation of the relevant statute governing creation of new summer jai alai permits (section 550.0745 . . . Section 550.0745(1) provides, in relevant part, the following: If a permittee who is eligible under this . . . The plain and unambiguous language of section 550.0745, however, does not provide any priority treatment . . . horse permit to a summer jai alai permit, SFRA applied for a summer jai alai permit pursuant to section 550.0745 . . .
. . . at-most-every-other-year approach the Division urges” is wholly incompatible with the language of section 550.0745 . . . games as provided by this section, notwithstanding mileage and permit ratification requirements. § 550.0745 . . . Nothing in section 550.0745(1) prohibited the Division from considering the 2010-11 total pool data as . . . convert its permit to a summer jai alai permit, a new permit has become available as provided by section 550.0745 . . . (“West Flagler”), seeking a permit to conduct summer jai alai under section 550.0745(1), Florida Statutes . . . Section 550.0745(1) states that the owner or operator of a pari-mutuel permit (one authorized to conduct . . . This triggered the provisions in section 550.0745(1), which state: “If a per-mittee who is eligible under . . . games as provided by this section, notwithstanding mileage and permit ratification requirements.” § 550.0745 . . . Because the Division’s interpretation of section 550.0745(1) is not supportable, we reverse its final . . .
. . . Section 550.0745(2) provides: Such permittee is entitled to the issuance of a license for the operation . . . In support of its position, Summer Partners relies on subsection (2) of section 550.0745, which provides . . . Section 550.0745, which pertains to the conversion of an underper-forming pari-mutuel permit to a summer . . . section 550.074(1), Florida Statutes (1981), and the current version of section 550.0745(1) are not . . . As did section 550.074(1), section 550.0745(1) allows the owner or operator of certain underperforming . . .