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DEPARTMENT OF BUSINESS v. HORSEMEN'S

No. 1D18-1434.

264 So.3d 1191 (2019)

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Appellant, v. The FLORIDA HORSEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION, INC., a Florida Nonprofit Corporation, Appellee.

District Court of Appeal of Florida, First District.

March 7, 2019.

Attorney(s) appearing for the Case

Ross Marshman , Chief Appellate Counsel for the Department of Business & Professional Regulation, Tallahassee, for Appellant.

Bradford J. Beilly and John Strohsahl of Beilly & Strohsahl, P.A., Fort Lauderdale, for Appellee.

The Department of Business and Professional Regulation, Division of Pari-Mutual Wagering (the "Division") appeals an order from the Division of Administrative Hearings, finding Rule 61D-6.011, Florida Administrative Code (2016), was an invalid exercise of delegated legislative authority. We agree with both parties that the language of the relevant...

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