High court overturns simulcast restriction

By ASSOCIATED PRESS
Published September 7, 2007

TALLAHASSEE - A state law that severely limited the ability of South Florida horse racing tracks to simulcast events from other parimutuel facilities is unconstitutional, the Florida Supreme Court unanimously ruled Thursday.

The Legislature passed the 1996 law as an act covering the entire state, but justices ruled it should have been a local bill because it affects only three South Florida tracks.

Lawmakers failed to hold a public hearing or give notice in the affected area as the Florida Constitution requires for local bills.

The law prohibited Gulfstream Park, which challenged the statute, and other tracks from simulcasting from other venues except when holding their own races. It also barred them from showing harness and dog racing or jai alai.

The limits applied only where three thoroughbred or harness tracks are within 25 miles of each other. The only place that fits that description is the border area of Miami-Dade and Broward counties.

The law's supporters argued that it should be considered a statewide statute because the Tampa area might someday meet its criteria. That could happen only if two quarter horse tracks are built within 25 miles of Tampa Bay Downs.

The South Florida tracks opened before the state barred horse and dog tracks or frontons within 100 miles of an existing parimutuel facility. Quarter horse tracks aren't restricted, but none exist in Florida because they haven't been profitable.

[Last modified September 6, 2007, 22:47:30]