Florida District Courts of Appeal, 1986

Seminole Tribe of Florida v. State Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

Florida District Courts of Appeal · Decided October 13, 1986 · Joanos, Nimmons, Thompson

496 So. 2d 193; 11 Fla. L. Weekly 2146; 1986 Fla. App. LEXIS 10116 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

In re Eli Witt Co. (United States Bankruptcy Court, M.D. Florida 1997)
Cortes v. State Bd. of Regents (Fla. Dist. Ct. App. 1995)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

THOMPSON, Judge.

Appellants challenged proposed Fla.Admin.Code Rule 7A-10.26 arguing that it constituted an invalid exercise of delegated legislative authority and exceeded the purposes of its enabling legislation. The hearing officer below concluded that the proposed rule merely provided a more explicit definition than the statutory language and that it did not exceed its statutory authority. We agree and affirm.

Proposed Rule 7A-10.26 clarifies the former rule’s definition of Seminole Indians, adds additional record keeping and documentation requirements and specifies that *194the sales in question may take place only on reservation or trust lands. The primary enabling statute for the rule is § 210.05(5), Fla.Stat. The provisions of the proposed rule are reasonable interpretations of the statutory language and are consistent with the legislative purpose. AFFIRMED.

JOANOS and NIMMONS, JJ„ concur.

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