South Marion Real Estate Holdings, LLC v. Florida Gaming Control Commission
Cardroom licensees challenged Florida Administrative Code Rule 61D-11.005(5), which bars cardroom occupational licensees from playing at the facility where they work, as an invalid exercise of delegated legislative authority under section 120.52(8)(b)-(c). The Fifth DCA affirmed the ALJ's final order, holding that sections 849.086(4) and (4)(a) supply the specific duty and power that the rule implements and that the rule does not enlarge, modify, or contravene the statute.
Key facts
- Cardroom licensees challenged Florida Administrative Code Rule 61D-11.005(5), which prohibits cardroom occupational licensees from playing at their employing facility, arguing the rule exceeded the Florida Gaming Control Commission's delegated legislative authority under section 120.52(8)(b)-(c).
- The administrative law judge entered a final order upholding the rule, and the Fifth District Court of Appeal affirmed, finding that sections 849.086(4) and (4)(a) supply sufficient specific statutory authority for the Commission to regulate cardroom operations and adopt rules governing who may play at cardrooms.
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Why it matters
Useful for administrative practitioners litigating rule challenges: the court reaffirms that section 120.52(8) analysis asks only whether the enabling statute authorizes the rule, not how detailed the grant is, and it… — full analysis with a trial
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