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DEPT. OF BUSINESS v. DANIA ENTERTAINMENT

CASE NO. 1D16-4275.

229 So.3d 1259 (2017)

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Appellant, v. DANIA ENTERTAINMENT CENTER, LLC; Daytona Beach Kennel Club, Inc.; Jacksonville Kennel Club, Inc.; Melbourne Greyhound Park, LLC; Bonita-Fort Myers Corp.; Investment Corporation of Palm Beach; West Flagler Associates, Ltd.; Tampa Bay Downs, Inc.; and TBDG, Acquisition, LLC d/b/a TGT Poker and Racebook, Appellees.

District Court of Appeal of Florida, First District.

Opinion filed November 8, 2017.

Attorney(s) appearing for the Case

Jason L. Maine , General Counsel, and Dwight O. Slater , Chief Appellate Counsel, Florida Department of Business & Professional Regulation, Tallahassee, for Appellant.

John M. Lockwood , Thomas J. Morton , and Kala Kelly Shankle of The Lockwood Law Firm, Tallahassee, for Appellees Dania Entertainment Center, LLC; Daytona Beach Kennel Club, Inc.; Jacksonville Kennel Club, Inc.; Melbourne Greyhound Park, LLC; Bonita-Fort Myers Corp.; Investment Corporation of Palm Beach; West Flagler Associates, Ltd.; and Christopher Kise, James A. McKee, and Joshua Hawkes of Foley & Lardner, LLP, Tallahassee, for Appellees Tampa Bay Downs, Inc. and TBDG Acquisition, LLC, d/b/a TGT Poker and Racebook.

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...

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