Opinion
No. 99-1111.
Opinion filed December 8, 1999.
An Appeal from the Florida Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering, L.T. No. 99-001.
Allen J. Smith; Bilzin Sumberg Dunn Price Axelrod and Mitchell E. Widom, for appellant.
Charles D. Peters, for appellee.
Before JORGENSON, LEVY, and GREEN, JJ.
David Budin appeals the denial of his petition for a declaratory statement regarding section 550.3615(3), Florida Statutes (1999). We reverse.
On November 23, 1998, David Budin, petitioner, pled guilty to one count of conspiracy under 18 U.S.C. § 371. He was required, as a condition of probation, not to commit another federal, state, or local crime. Section 550.3615(3), Florida Statutes, prohibits anyone convicted of bookmaking in Florida, any other state, or foreign country from attending racetracks in Florida. As a preemptive measure, Budin filed a Petition for Declaratory Statement with the Division of Pari-Mutuel Wagering, the agency, regarding the applicability of section 550.3615(3), Florida Statutes, to his situation. The agency denied the petition stating that Budin was seeking an interpretation of federal law and that he was not seeking a determination particular to his situation.
Although it is true that the agency does not have jurisdiction to interpret federal law or federal probation conditions, it is within its jurisdiction to determine whether Budin may attend a racetrack in Florida. See Department of Bus. and Prof'l Regulation, Div. of Pari-Mutuel Wagering v. Investment Corp. of Palm Beach, 24 Fla. L. Weekly S520 (Fla. Nov. 4, 1999) (holding that an individual has a right to receive an opinion on a statute's applicability). Therefore, we reverse the agency's order and remand for further proceedings.
The agency may, in its discretion, require Budin to file a new petition or provide further documentation.
REVERSED and REMANDED.