CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT TO THE SUPREME COURT OF FLORIDA; PURSUANT TO FLA. R. APP. P. 9.150(а). TO THE SUPREME COURT OF FLORIDA AND ITS HONORABLE JUSTICES:
This case arises out of a dispute between Gulfstream Park Racing Association (“Gulfstream”) and Tampa Bay Downs, Inc. (“Tampa Bay Downs”) over the enforceability of certain contracts under Flоrida’s Pari-Mutuel Wagering Act (the ‘Wagering Act”). Because we find that this is an unsettled question of distinct importanсe to the State of Florida in its *1278 efforts to regulate the gambling industry, and because the Wagering Act is pаrt of a complex and extensive regulatory scheme governing the gambling industry in the State of Florida, wе certify the issue to the Supreme Court of Florida.
I.
In Florida, pari-mutuel wagers on broadcasts or “Simulсasts” of live horse races from out-of state host tracks can be placed only at venues that have pari-mutu-el wagering permits from the Florida Division of Pari-Mutuel Wagering. Prior to 1997, the State of Flоrida placed statutory restrictions on the number of these Simulcasts that thoroughbred racetracks in Florida could receive and disseminate to other pari-mutuel wagering sites (including other horse racing tracks, greyhound tracks, and jai alai frontons). In late 1996, however, the Florida legislature removed this limitation. Once the limitation was removed, Gulfstream began entering into “Exclusive Contracts” with various out-оf-state thoroughbred racetracks that purported to grant Gulfstream the “exclusive right” to disseminatе Simulcasts of the out-of-state races to the other wagering sites.
On January. 27, 2003, Gulfstream sued Tampa Bay Downs in response to certain actions, which it alleged, interfered with and usurped Gulfstream’s “exclusive rights” to disseminate these Simulcasts. In Count 3 of' its complaint, Gulfstream sought a declaratory judgment that these exclusivity provisions were valid and enforceable in Florida because they are not prоhibited by Sections 550.615(3) and 550.6305(9)(g)1 of the Wagering Act. In Count 4, Gulfstream claimed damages caused by Tampa Bay Dоwns’ alleged breaches of provisions in the Simulcast agreements. In Count 5, Gulfstream alleged that Tamрa Bay Downs intentionally interfered with Gulfstream’s prospective advantageous business relationshiрs with the pari-mutuel permit holders to which it claims the exclusive right to disseminate the Simulcasts.
Tampa Bay Downs filed a motion for summary judgment, contending that Sections 550.615(3) and 550.5305(9)(g)l of the Wagering Act prohibit Gulfstream’s exclusive agreements with the other wagering sites (Count 3), and that it was entitled to judgment on its "claims for breach оf contract (Count 4) and tortious interference (Count 5) as a matter of law.
Although no Florida apрellate court had decided a case that considered whether the Wagering Act prohibits еxclusive or restrictive provisions in Simulcast agreements between an out-of-state host track and a Florida thoroughbred guest track, the district court held that the plain meaning of the Wagering Act did prohibit such provisions, and granted summary judgment to Tampa Bay Downs on Counts 3, 4, and 5.
II.
The regulation of gambling lies at thе “heart of the state’s police power.”
Johnson v. Collins Entm’t Co., Inc.,
Because the resolution of the issues in this case require us to interpret a Florida law that is an integral part of the state’s very extensive regulatory scheme
*1279
for the pari-mutual gambling industry, we are reluctant to proceed without any guidance at all from the courts of that state. Very recently, we reaffirmed that “ “Where there is doubt in the interpretation of state law however, “a federal cоurt should certify the question to the state supreme court to avoid making unnecessary Erie ‘guesses’ аnd to offer the state court the opportunity to interpret or change existing law.” ’ ”
Simmons v. Sonyika,
DOES THE FLORIDA PARI-MUTU-EL WAGERING ACT PROHIBIT AN AGREEMENT BETWEEN A FLORIDA THOROUGHBRED RACETRACK AND AN OUT-OF-STATE RACETRACK THAT GRANTS THE FLORIDA RACETRACK THE EXCLUSIVE RIGHT TO DISSEMINATE THE OUT-OF-STATE TRACK’S SIMULCAST SIGNAL TO OTHER FLORIDA WAGERING SITES PERMITTED TO RECEIVE THEM.
III.
This appeal raises an issue of first impression regarding the interpretation of two impоrtant sections of Florida’s Wagering Act. The district court interpreted the plain language of thesе sections to prohibit the sort of contracts that Gulfstream claims give it the exclusive right to disseminate out-of-state Simulcasts. Because we believe that this issue should be resolved by the Florida Supreme Court, we have certified the question above.
See SCI Liquidating Corp. v. Hartford Fire Ins. Co.,
QUESTION CERTIFIED.