Florida District Courts of Appeal, 1986

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

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

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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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