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MB DORAL, LLC v. DEPARTMENT OF BUSINESS

No. 1D19-820.

295 So.3d 850 (2020)

MB DORAL, LLC, d/b/a Martinibar, Appellant, v. State of Florida, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellee.

District Court of Appeal of Florida, First District.

April 27, 2020.

Attorney(s) appearing for the Case

Louis J. Terminello , and Michael Martinez , of Greenspoon Marder, LLP, Tallahassee, for Appellant.

Ross Marshman , Beth A. Miller , and Joseph Y. Whealdon , Department of Business and Professional Regulation, Tallahassee, for Appellee.

MB Doral, a limited liability company doing business as "Martinibar," appeals a final order from the Division of Administrative Hearings (DOAH) denying its rule challenge. We agree with MB Doral that Florida Rule of Administrative Procedure 61A-4.020 is an invalid exercise of delegated legislative authority and violates section 120.52...

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