Hartman-Tyner, Inc. v. Division of Pari-Mutuel Wagering, Department of Business & Professional Regulation

Petitioners, each of which is a pari-mu-tuel wagering permit holder licensed by respondent, the Division of Pari-Mutuel Wagering, Department of Business and Professional Regulation (“Division”), petition for review of an emergency rule adopted by the Division, which repeals Florida Administrative Code Rule 61D-11.027.1 Petitioners argue that the Divi*561sion’s findings of an immediate danger to the public health, safety, or welfare, upon which emergency rule 61DER05-1 is based, are insufficient to justify emergency rulemaking pursuant to section 120.54(4), Florida Statutes (2005). Because we…