Legal Opinion
Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering v. Dania Entertainment Center, LLC
District Court of Appeal of Florida
Decided November 8, 2017No. CASE NO. 1D16-4275PublishedCited by 1 opinion
1Opinion of the CourtWolf, J.
Appellant, the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering, challenges an order of an Administrative Law Judge from the Division of Administrative Hearings concluding that the Division’s notice of intent to repeal Florida Rules of Administrative Procedure 61D-11.001(17) and 61D-11.002(5) was an invalid exercise of delegated legislative authority. We agree with the ALJ that the repeal had the effect of a rule. The Division has failed to challenge on appeal the ALJ’s conclusion that the rule was invalid for failure to comply with section 120.54(1),…
2Cases cited6 opinions
- Balsam v. DEPT. OF HEALTH & REHAB. SERVICESDistrict Court of Appeal of Florida · 1984
- Cleveland Clinic v. Agency for Hlth. CareDistrict Court of Appeal of Florida · 1996
- Mobile Home Owners v. Fl. Housing Ass'nDistrict Court of Appeal of Florida · 1996
- Kennel Club v. Dept. of BusinessDistrict Court of Appeal of Florida · 1998
- Osterback v. AgwunobiDistrict Court of Appeal of Florida · 2004
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3Cited by1 opinion
- South Marion Real Estate Holdings, LLC d/b/a Oxford Downs, and Darold R. Donnelly v. Florida Gaming Control CommissionDistrict Court of Appeal of Florida · 2024