State v. State Racing CommissionState v. State Racing Commission
Richard W. Ervin, Atty. Gen., George E. Owen, Asst. Atty. Gen., and George F. Gilleland, Miami, for respondents.
Hoffman, Kemper & Johnson, Carl T. Hoffman, Miami, and Steed, Steed & Urban, Orlando, for amicus curiae.
HOBSON, Justice.
Florida Jai Alai, Inc., has filed a petition for alternative writ of mandаmus, requesting that the respondent State Racing Commission of Florida, et al., be directed to issue a permit to the relator which would entitle it to operate a jai alai fronton in Seminole County, Florida. This court issued the alternative writ of mandamus and in due course the respondent filed an answer and return to the same.
The facts are relatively simple and not disputed. On June 26, 1958, Florida Jai Alai, Inc., filed an application for a permit to operate a jai alai fronton in Seminole County with the State Racing Commission. The Commission, at a meeting held on August 11, 1958, found that the relator in its application for the permit had fully met all of the requirements of Chapter 551, Florida Statutes, F.S.A., and the requirements of the rules and regulations of the Commission.
The Commission further found that, pursuant to
The Commission was of the belief that this court‘s opinion in the case of Florida State Racing Commission v. McLaughlin, Fla. 1958, 102 Sо.2d 574, 575, raises some doubt as to whether
“on the sole ground that Section 551.12 of the Florida Statutes might be construed to preclude the Commission from licensing the operation of a jai alai fronton within twenty (20) miles of an already licensed racing plant.”
The statutes involved are
“All other pertinent provisions of chapter 550, dealing with the powers, duties and liabilities of the state racing commission and of the opеrators of dog racing tracks and dealing with the location thereof and with the issuance and granting of permits and licenses to conduct dog racing not inconsistent with the express provisions of this chapter shall be construed to relate to and govern the state racing commission and the operators of any fronton and the location thereof and the issuance and granting of permits and licenses for the operation of frontons under the provisions of this chapter as fully as if the same were herein expressly set out; provided, however, that in no event shall any jai alai fronton be licensed to operate within twenty miles of a fronton already licensed.” (Emphasis supplied.)
“Upon all applications filed and approved a permit shall be issued to the applicant setting forth the name, the location of the race track, the kind of raсing desired * * *; and provided further that no application shall be considered and no permit shall be issued by the racing commission nor voted upon in any county to conduct running horse races, harness horse races or dog races at a location within one hundred miles road travel viа most practical route of another location for which a permit has been issued and a racing plant located, * * *.”
The relator, respondent and amicus curiae all agree that under our statutes: (a) Permits for the conduct of horse races, harness horse races or dog races cannot be issued for a location within 100 miles road distance of another racing plant. Thus, a dog racing track permit cannot be issued for a location within 100 miles of a harness horse racing, horse racing or another dog racing plant.2
(b) A jai alai fronton pеrmit cannot be issued for a location within 20 miles road distance of an already licensed jai alai fronton.3
The dispute between the parties arises out of the answer to the question whether or not there is a statutory requirement which prohibits a jai alai fronton from being licensed to operate within a given distance of any already licensed dog or horse racing plant and, if so, what is said distance requirement?
The primary problem before us is one of statutory construction. The rules governing such construction were adequately set forth in the McLaughlin case, suрra, 102 So.2d 574, 575.
“‘It is elementary that the function of the Court is to ascertain and give effect to the Legislative intent in enacting a statute.
“‘In applying this principle certain rules have been adopted to guide the
process of judicial thinking. The first of these is that the Legislature is conclusively presumed to have a working knowledge of the English language and when a statute has been drafted in such manner as to clearly convey a specific meaning the only proper function of the Court is to effectuate this legislative intent. “‘This rule is subject to the qualification that if a part of а statute appears to have a clear meaning if considered alone but when given that meaning is inconsistent with other parts of the same statute or others in pari materia, the Court will examine the entire act and those in pari materia in order to ascertain the overall legislative intent.
“‘When construing a particulаr part of a statute it is only when the language being construed in and of itself is of doubtful meaning or doubt as to its meaning is engendered by apparent inconsistency with other parts of the same or a closely related statute that any matter extrinsic the statute may be considered by the Court in аrriving at the meaning of the language employed by the Legislature.‘”
We see then that one of the cardinal rules of statutory construction is that where the language of a statute is so plain and unambiguous as to fix the legislative intent and leave no room for construction, admitting of but one mеaning, courts in construing it may not depart from the plain and natural language employed by the legislature.4
An examination of
“All other pertinent provisions of chapter 550 * * * not inconsistent with the express provisions of this chapter shall be construed * * * to govern the * * * commission and the operators of any fronton and the location thereof * * * as if the same were herein expressly set out; provided, however, that in no event shall any jai alai fronton be licensed to operate within twenty miles of a fronton already licensed.” (Emphasis supplied.)
We thus see that the establishment and operation of jai alai frontons in this state arе governed by the provisions of Chapter 550, relating to dog and horse racing, except as such provisions are inconsistent with the express provisions of Chapter 551.5
One of the amicus curiae takes the position that the use of the term “location thereof” in
Our holding that the plain language of the statute permits but one construction is further buttressed by the fact that the distance requirement of
In interpreting the effect of a proviso it should be remembered that the purpose of a proviso is to either except something from the enacting clause or to qualify or restrain its generality, or to exclude some possible ground of misinterpretation.7 Thus, the distance provision of
For the reason above stated we hold that a jai alai fronton permit may be issued for a location within 20 miles of an existing dog racing plant, provided it is not within 20 milеs of an existing jai alai fronton.
Before leaving the field of distance requirements we do not believe it amiss to suggest that those who desire a uniform distance requirement which would be applicable to all “pari-mutuel” establishments without regard to the nature of the contest involved can and should seek the legislative assistance necessary to accomplish this aim.
By an amended answer and return, filed on the day this case was orally argued, respondents for the first time raised a question as to the jurisdiction of the racing commission to issue the permit requested by the relator. The racing commission in its order found that the relator had met all the various requirements for issuance of a permit except that of location. In spite of this finding the respondent now contends that the facts disclose a possibility that the election requirement of
“No election provided for by chapter 550 shall be required as a condition precedent to the granting of a permit for the operation of a fronton of jai alai or pelota in any county wherein elections have heretofore been held in which a majority of the electors in such elеctions voted in favor of the operation of more than one horse or dog race track.” (Emphasis supplied.)
Only two election have been held in Seminole County wherein the people were given the opportunity to vote to either ratify or reject the opеration of more than one horse or dog race track. One election was held for the ratification or rejection
The respondent racing commission currently takes the position that, since the harness horse racing track permit was unlawfully issued, the vote of a majority of the electors of Seminole County ratifying it was a nullity and thus the requisite “elections” have not been held.
We believe such an interpretation is not consistent with the language of
For the reasons above stated the respondent commission should have granted the application оf the relator and issued the permit requested, and the Clerk is hereby instructed to issue a peremptory writ of mandamus in accordance with the commands of the alternative writ.
TERRELL, C.J., and THOMAS, THORNAL and O‘CONNELL, JJ., concur.
NOTES
Notes
Notes
[1] The McLaughlin case, supra, turned upon the question: “Does
Prior to this decision the Racing Commission had interpreted the distance requirements of
In the McLaughlin case this court held that, under