The Florida Gaming Control Commission has filed a motion to dismiss a lawsuit brought by Gulfstream Park, which seeks to separate its racing license from its slot machine permit. The commission argues that Gulfstream Park misinterprets Florida law and fails to present a valid claim, emphasizing that recent legislative actions—including a $21 million funding allocation and a waived $2 million slot machine license fee contingent on live racing—demonstrate the state’s vested interest in regulating horse racing as currently structured.

Furthermore, the commission counters Gulfstream’s assertion that Florida law is unconstitutional due to differing requirements for live events among various pari-mutuel permit holders. The motion maintains that the state’s regulatory framework is lawful, serving legitimate purposes through uniform classifications applied consistently within each category. If the motion to dismiss is granted, a related intervention motion by the Florida Horsemen’s Benevolent and Protective Association would become irrelevant.