HENNESSEY v. DEPT. OF BUS. & PROF'L REG. DIVISION OF PARI-MUTUEL WAGERING

Nos. 1D01-0434, 1D01-2230, 1D01-2234.

818 So.2d 697 (2002)

Daniel G. HENNESSEY, Fred G. Warren and Celestina M. Gangemi, Appellants, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Appellee.

District Court of Appeal of Florida, First District.

June 17, 2002.


Attorney(s) appearing for the Case

David S. Romanik of David S. Romanik, P.A., Hallandale Beach, for Appellants.

Joseph M. Helton, Jr., Assistant General Counsel, Department of Business and Professional Regulation, Tallahassee, for Appellee.


ON MOTION FOR REHEARING

WOLF, J.

Appellants' motions for rehearing and rehearing en banc filed May 7, 2002, are denied. The court's opinion filed April 22, 2002, is withdrawn sua sponte, and the following opinion is substituted for clarification.

Appellants timely appeal from three orders: (1) Final order determining that rule 61D-6.002(1), Florida Administrative Code, is not an invalid exercise of delegated legislative authority; (2) final...

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