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FLA. DEPT OF BUSINESS v. TARGET CORP.

No. 1D18-5311.

321 So.3d 320 (2021)

FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellant, v. TARGET CORPORATION; Topgolf International, Inc.; and Walmart, Inc., and ABC Fine Wines & Spirits, Inc., Florida Independent Spirits Association; and Publix Supermarkets, Inc., Appellees.

District Court of Appeal of Florida, First District.

May 19, 2021.

Attorney(s) appearing for the Case

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

Elliot H. Scherker , Brigid F. Cech Samole , and Katherine M. Clemente of Greenberg Traurig, P.A., Miami, for Appellee Walmart, Inc.

William N. Spicola , Tallahassee, for Appellees Target Corporation, Topgolf International Inc., and Walmart Inc.

Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco (the Division), appeals a final order declaring Florida Administrative Code Rule 61A-3.055 (the existing rule) invalid. The existing rule attempts to define items "customarily sold in a restaurant" as that term is used in section...

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