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PPI, INC. v. DEPT. OF BUS. & PROF. REG.

No. 1D05-2699.

917 So.2d 1020 (2006)

PPI, INC., a Florida corporation; Dania Jai-Alai Division of the Aragon Group, Inc., a Florida corporation; Magna Entertainment Corp., a Florida corporation; and Hartman & Tyner, Inc., a Michigan corporation, Petitioners, v. FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, a political subdivision of agency of the State of Florida, and Ellyn Setnor Bogdanoff, a State Representative, Respondents.

District Court of Appeal of Florida, First District.

January 6, 2006.

Attorney(s) appearing for the Case

Talbot D'Alemberte, Barry R. Davidson, Thomas R. Julin and Jamie L. Zysk of Hunton & Williams, LLP, Miami; Cynthia S. Tunnicliff of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., Tallahassee; and Bruce S. Rogow, Beverly A. Pohl and Cynthia E. Gunther of Bruce S. Rogow, P.A., Ft. Lauderdale, for petitioners.

Major B. Harding and Richard E. Doran of Ausley & McMullen, Tallahassee; and Leon Biegalski, General Counsel, and Joseph M. Helton, Jr., Chief Attorney, Tallahassee, for respondent Department of Business and Professional Regulation, Division of Pari-mutuel Wagering.

PER CURIAM.

Petitioners seek prohibition relief to prevent the Department of Business and Professional Regulation, Division of Pari-mutuel Wagering ("the Division"), from responding to a petition for declaratory statement from State Representative Ellyn Bogdanoff ("the Bogdanoff petition"). We deny the petition for writ of prohibition because the Division has not exceeded its jurisdiction.

Section 120.565(1), Florida Statutes (2005), states that any substantially...

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