FLORIDA STATE RACING COMMISSION ET AL., APPELLANTS,
v.
PONCE DE LEON TROTTING ASSOCIATION, INC., ET AL., APPELLEES
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The Florida Supreme Court affirmed the circuit court's vacation of the Racing Commission's revocation of a harness racing permit, holding that revocation requires proof of willful violation meaning conduct done knowingly and with stubborn purpose and evil intent, which was not demonstrated here.
The Court affirmed the vacation of the revocation order, holding that revocation under F.S. Sec. 550.07 requires proof of willful violation meaning conduct done knowingly with stubborn purpose, evil intent, and without justifiable excuse. The record showed only financial difficulty and good faith efforts, not willful violation. The Court also adhered to its prior decision upholding the constitutionality of Chapter 61-1940.
“the issue is concluded by prior decisions construing the statutory language to limit revocation to the situation where the statutes or rules have been violated knowingly and with a "stubborn purpose, with evil intent, without justifiable excuse."”
Establishes the legal standard for willful violation required to revoke a racing permit
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Join FLexlaw to unlock all legal intelligenceThe Ponce de Leon Trotting Association held a harness racing permit since 1946. The Racing Commission revoked the permit, citing violations of Florida…
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This is an appeal from a decision of the Circuit Court for Leon County vacating an order of the appellant Racing Commission by which it revoked a harness racing permit held by the appellee Ponce de Leon Trotting Association since 1946. ' Upon review by certiorari proceedings, the circuit court found that the order of revocation must be vacated for the alternative reasons that there had been shown no willful violation of F.S. Chapter 550, F.S.A., and that Chapter 61-1940, Special Acts 1961, was valid and effective to cure any violations which had occurred.1
The statutory provisions controlling revocation of such permits are F.S. Sec. 550.07, F.S.A.2 permitting revocation “upon the willful violation” of the statutes or regulations, and Sec. 550.16(12) providing *634“any willful or wanton failure” to make payment of the required taxes
“ * * * shall constitute sufficient ground for the state racing commission to revoke the permit * *
The briefs on this appeal contain exhaustive debate and citation of conflicting authority for definition of willfulness in this context. We believe, however, that the issue is concluded by prior decisions construing the statutory language to limit revocation to the situation where the statutes or rules have been violated knowingly and with a “stubborn purpose, with evil intent, without justifiable excuse.”3 The record facts fall far short of such a showing and indicate, instead, that long standing financial difficulty constituted the gist of the charges relied on, and that appellee amply demonstrated good faith and anticipated capability of fulfilling all requirements.
The court’s quashal of the order of revocation should accordingly be affirmed upon this ground. We assumed jurisdiction of this case because the circuit court passed directly on the constitutionality of Chapter 61-1940, supra. We determined that question in companion litigation, West Flagler Kennel Club, Inc., et al. v. Florida State Racing Commission et al., Fla.1963 153 So. 2d 5, and now adhere to that decision on this point.
Affirmed.
ROBERTS, C. J., and TERRELL, THOMAS, THORNAL, O’CONNELL and SEBRING (Ret.), JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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W. Flagler Kennel Club, Inc. v. Fla. State Racing Comm'n, 153 So. 2d 5 (Fla. 1963)…after the prescribed conditions of operation at variance with regulations controlling other permits and administered by the Commission].” (Emphasis supplied.) . Florida State Racing Commission v. Bonce De Leon Trotting Association et al., Fla.1963, 151 So. 2d 633. . Florida State Board of Health v. Lewis, Fla.1963, 149 So. 2d 41; Kirkland v. Phillips, Fla.1958, 106 So. 2d 909; State ex rel. Harrell v. Cone, 130 Fla. 158, 177 So. 854, 871; State ex rel. Lewis v. Garrett, 130 Fla. 413, 178 So. 309; Jackson Lu…
Authorities Cited
- Six Mile Creek Kennel Club, Inc. v. State Racing Comm'n, 119 Fla. 142 (Fla. 1935)
- W. Flagler Kennel Club, Inc. v. Fla. State Racing Comm'n, 153 So. 2d 5 (Fla. 1963)
- Tropical Park, Inc. v. Ratliff, 97 So. 2d 169 (Fla. 1957)