The 2023 Florida Statutes (including Special Session C)
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. . . The ALJ found that neither section 550.0251(12) nor section 849.086(4), Florida Statutes, which provide . . . so doing to establish what is an ‘authorized game,’ is beyond the authority conferred under sections 550.0251 . . . The.court concluded that neither section 849.086 nor section 550.0251(12) “state ... that the Division . . .
. . . See § 550.0251(3), Fla. . . . state agency that is responsible for regulating pari-mutuel wagering in Florida,” id. at 307 (citing § 550.0251 . . .
. . . reduced in the future by reduction of permits in those counties by either revocation pursuant to sections 550.0251 . . .
. . . rule 61D-4.002 of the Florida Administrative Code, promulgated by the Division pursuant to section 550.0251 . . .
. . . Division is the state agency that is responsible for regulating pari-mutuel wagering in Florida, see § 550.0251 . . .
. . . . § 550.0251(9). . . .
. . . Indeed under Section 550.0251(10), the Division had the authority to fine Gulfstream up to a $1,000 per . . .
. . . The authorizing statutes identified in rule 61D-6.002 are section 550.0251(3), Florida Statutes, and . . . Section 550.0251(3) mandates that the Division of Pari-Mutuel Wagering of the Department of Business . . . exceed the grant of rulemaking authority given to the department by the legislature through sections 550.0251 . . .
. . . Pari-mutuel Wagering of the Department of Business and Professional Regulation is empowered under subsection 550.0251 . . .
. . . the administrative law judge cited section 849.086(4)(a), Florida Statutes (Supp.1996), and section 550.0251 . . . Section 550.0251(12) states that the Division shall have the authority to make rules relating to cardroom . . . provisions of section 849.086, and to regulate the authorized card-room activities in this state. § 550.0251 . . .
. . . We affirm, because the rule at issue in this appeal was not authorized by section 550.0251, Florida Statutes . . . The enabling authority cited in the rule is sections 550.0251(3), specifically, and 550.0251, generally . . . As stated, the rule refers to section 550.0251(3), particularly, and section 550.0251, generally, as . . . Subsection 550.0251(3) merely empowers the Division to “adopt reasonable rules for the control, supervision . . . The only identifiable authority in section 550.0251 that could conceivably be said to empower the Division . . .
. . . See §§ 849.086(4), 550.0251(12) and (13), and 550.105(3)-(7),and (9), Fla. Stat. . . .
. . . Florida Statutes (1991), which was repealed by the 1991 Legislature and reenacted in 1992 as section 550.0251 . . .