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5th DCAMay 17, 2024Affirmed⭐ Notable

South Marion Real Estate Holdings, LLC v. Florida Gaming Control Commission

Case No. 5D2022-1477

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.

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