HIALEAH V. DEPT. OF BUSINESS

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005 HIALEAH RACING ASSOCIATION, LLC, ** Appellant, vs. ** ** DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Appellee. CASE NO. 3D04-3001 ** ** LOWER TRIBUNAL NO. 2003-004303 ** Opinion filed July 13, 2005. An Appeal from the Department of Business and Professional Regulation. Harold F.X. Purnell and Barry Scott Richard (Tallahassee), for appellant. Joseph M. Helton and S. Thomas Peavey Hoffer (Tallahassee), for appellee. Before GREEN and SUAREZ, JJ., and SCHWARTZ, Senior Judge. PER CURIAM. Hialeah Racing Association, LLC ( Hialeah Racing ), appeals a final order of the Department of Business and Professional Regulation thoroughbred revoking racing Hialeah permit Racing s and pari-mutuel denying its thoroughbred racing license application. wagering 2003-2004 annual Finding no merit to Hialeah Racing s arguments on appeal, we affirm. The record demonstrates that the Department s supported by competent, substantial evidence. order is § 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. Comm., 427 So. 2d 716 (Fla. 1983); Pershing Indus., Inc.. Serv. 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.1 Section 550.01215(4), Florida Statutes (2002), clearly specifies that [f]inancial hardship to the permitholder shall not, in and of itself, constitute performances on the just date cause and for at 1 the failure times to operate specified. all The 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 result of fire, strike, war, or other disaster or event beyond the ability of the permitholder to control. § 550.01215(4), Fla. Stat. (2002). 2 financial hardship causing Hialeah Racing s inability to field enough horses to compete against other constitute just cause under the statute. racetracks does not Moreover, as Hialeah s remaining point on appeal lacks merit, there is no basis for disturbing the final order. Affirmed. 3

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