St. Petersburg Kennel Club v. Department of Business and Professional Regulation, Div. of Pari-Mutuel Wagering, PARI-MUTUEL
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | PER CURIAM |
| Citation | 719 So.2d 1210 |
| Parties | 23 Fla. L. Weekly D2046 ST. PETERSBURG KENNEL CLUB, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OFWAGERING, Appellee. |
| Decision Date | 02 September 1998 |
| Docket Number | Nos. 97-03877,PARI-MUTUEL,97-04139 |
Page 1210
v.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Appellee.
Second District.
Rehearing Denied Oct. 8, 1998.
Page 1211
Harold F.X. Purnell of Rutledge, Ecenia, Underwood, Purnell & Hoffman, P.A., Tallahassee, for Appellant.
Stacey M. Rose, Staff Attorney, and Lisa S. Nelson, Deputy General Counsel, Tallahassee, for Appellee.
PER CURIAM.
In this consolidated appeal, the appellant, St. Petersburg Kennel Club, (the Kennel Club), challenges two final orders. In appeal number 97-03877, the Kennel Club challenges the final order of the Division of Administrative Hearings, which denied the Kennel Club's petition for a determination that the definition of the game "poker," in Florida Administrative Code Rule 61D-11.026, is an invalid exercise of delegated legislature authority. In appeal number 97-04139, the Kennel Club challenges the final order of the Division of Pari-mutuel Wagering which denied its application for approval of three particular card games. We reverse both final orders.
The legislature in section 849.086, Florida Statutes (Supp.1996), authorized pari-mutuel facilities to operate cardrooms. This statute is known as the Cardroom Act. The definition portion of this statute states: " 'Authorized games' means only those games authorized by s. 849.085(2)(a) and which are played in a nonbanking manner." § 849.086(2)(a), Fla. Stat. (Supp.1996). Thus, the Cardroom Act does not set forth a definition for "authorized games" but merely refers one to another statute, namely section 849.085(2)(a). Section 849.085(2)(a) reads: " 'Penny-ante game' means a game or series of games of poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or mah-jongg in which the winnings of any player in a single round, hand, or game do not exceed $10 in value." § 849.085(2)(a), Fla. Stat. (1995). Neither the Cardroom Act nor the statute to which it refers defines the game of poker. The Division of Pari-mutuel Wagering created a definition of poker and set it forth in the challenged rule, rule 61D-11.026. We agree with the Kennel Club's contention that the promulgation of this rule was an invalid exercise of delegated legislative authority.
In section 120.536, Florida Statutes (Supp.1996), the legislature amended the Administrative Procedures Act (APA) so...
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STATE, BD. OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND v. Day …, No. 1D00-1058.
...would have allowed warrantless searches at a parimutuel facility); St. Petersburg Kennel Club v. Dep't of Bus. and Prof'l. Regulation, 719 So.2d 1210, 1211 (Fla. 2d DCA 1998) (applying the 1996 amendments in invalidating rules defining poker because the enabling statute did not specifically......
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Seminole Tribe of Fla. v. Florida, CONSOLIDATED CASE NO. 4:15cv516–RH/CAS
...what is or is not a banked game within the meaning of § 849.086. See St. Petersburg Kennel Club v. Dep't of Bus. & Prof'l Regulation , 719 So.2d 1210 (Fla. 2d DCA 1998) ; see alsoDania Entertainment Center, LLC v. DBPR, Div. Pari–mutuel Wagering , Case No. 15–7010RP, at 43–44 (Fla. DOAH Aug......
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State v. Day Cruiese Assoc., 00-1058
...would have allowed warrantless searches at a pari-mutuel facility); St. Petersburg Kennel Club v. Dep't of Bus. and Prof'l. Regulation, 719 So. 2d 1210, 1211 (Fla. 2d DCA 1998) (applying the 1996 amendments in invalidating rules defining poker because the enabling statute did not specifical......
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MB Doral, LLC v. State, No. 1D19-820
...and contravened the law implemented); St. Petersburg Kennel Club v. Dep't of Bus. & Prof'l Regulation, Div. of Pari-Mutuel Wagering , 719 So. 2d 1210 (Fla. 2d DCA 1998) (holding a rule defining "poker" exceeded the Division's rulemaking authority where the statutes implemented did not confe......
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STATE, BD. OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND v. Day …, No. 1D00-1058.
...would have allowed warrantless searches at a parimutuel facility); St. Petersburg Kennel Club v. Dep't of Bus. and Prof'l. Regulation, 719 So.2d 1210, 1211 (Fla. 2d DCA 1998) (applying the 1996 amendments in invalidating rules defining poker because the enabling statute did not specifically......
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Seminole Tribe of Fla. v. Florida, CONSOLIDATED CASE NO. 4:15cv516–RH/CAS
...what is or is not a banked game within the meaning of § 849.086. See St. Petersburg Kennel Club v. Dep't of Bus. & Prof'l Regulation , 719 So.2d 1210 (Fla. 2d DCA 1998) ; see alsoDania Entertainment Center, LLC v. DBPR, Div. Pari–mutuel Wagering , Case No. 15–7010RP, at 43–44 (Fla. DOAH Aug......
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State v. Day Cruiese Assoc., 00-1058
...would have allowed warrantless searches at a pari-mutuel facility); St. Petersburg Kennel Club v. Dep't of Bus. and Prof'l. Regulation, 719 So. 2d 1210, 1211 (Fla. 2d DCA 1998) (applying the 1996 amendments in invalidating rules defining poker because the enabling statute did not specifical......
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MB Doral, LLC v. State, No. 1D19-820
...and contravened the law implemented); St. Petersburg Kennel Club v. Dep't of Bus. & Prof'l Regulation, Div. of Pari-Mutuel Wagering , 719 So. 2d 1210 (Fla. 2d DCA 1998) (holding a rule defining "poker" exceeded the Division's rulemaking authority where the statutes implemented did not confe......