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BEASLEY BROADCASTING, INC. v. STATE, DIV. OF LICENSING

No. 96-01431

693 So.2d 668 (1997)

BEASLEY BROADCASTING, INC., Appellant, v. DEPARTMENT OF STATE, DIVISION OF LICENSING, Appellee.

District Court of Appeal of Florida, Second District.

May 7, 1997.

Attorney(s) appearing for the Case

Robert B. Galt III and Rima Y. Mullins of Kirkpatrick & Lockhart, L.L.P., Miami, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia Davenport, Assistant Attorney General, Tampa, and Michele Guy, Assistant General Counsel, Department of State, Tallahassee, for Appellee.

ALTENBERND, Judge.

Beasley Broadcasting, Inc. (Beasley), appeals a final administrative order of the Department of State, Division of Licensing (the Division), imposing a fine for violation of section 849.094, Florida Statutes (1993). This statute regulates certain "game promotions" that are conducted "in connection with the sale of consumer products or services." We reverse the order because Beasley's radio stations sell commercial advertising time and, at most,...

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