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Kelly Brewton Plante

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Bar #866441(FL) License for 34 years

Tallahassee FL

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Florida Administrative Code: 61D-14.018, 61D-14.050

19-004245RU SCF, INC., A FLORIDA CORPORATION vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING (2019)

Division of Administrative Hearings, Florida Filed: Aug. 12, 2019

The factual issues in this unadopted-rule challenge relate to whether Respondent, in connection with the administration of the state’s gaming laws, has formulated statements of general applicability that have the effect of giving each slot machine licensee the rights (i) to maintain and operate an outdoor live gaming facility for the conduct of pari-mutuel wagering activities, wherein slot machine gaming areas could not lawfully be located, so long as its slot machines are housed elsewhere, in an enclosed building; and (ii) to locate slot machine gaming areas in a separate, stand-alone building having no integral systems, structures, or elements, provided the building is located on the same parcel, and on the same side of the street, river, or similar obstacle, as the live gaming facility. If Respondent has developed such a statement or statements, then the ultimate issue is whether such statements meet the statutory definition of an unadopted rule.Respondent’s statements that slot machine licensees have the rights to operate outdoor live gaming facilities, and to locate slot machine gaming areas in separate, stand-alone buildings, are unadopted rules.

SC10-364, SC10-390 Bennett v. ST. VINCENT'S MEDICAL CENTER (2011)

Supreme Court of Florida Filed: Jul. 07, 2011 Citations: 71 So. 3d 828

71 So. 3d 828 (2011) Robert BENNETT, etc., et al., Petitioners, v. ST. VINCENT'S MEDICAL CENTER, INC., et al., Respondents. Florida Birth-Related Neurological Injury Compensation Association, Petitioner, v. St. Vincent's Medical Center, Inc., et al., Respondents. Nos. SC10-364, SC10-390. Supreme Court of Florida. July 7, 2011. Rehearing Denied September 22, 2011. *832 Rebecca Bowen Creed of Creed and Gowdy, P.A., Jacksonville, FL; and James W. Gustafson, Jr. of Searcy, Denney, Scarola, Barnhart, ..

96-4253 Gambetta v. Prison Rehabilitative (1997)

Court of Appeals for the Eleventh Circuit Filed: May 15, 1997 Citations: 112 F.3d 1119

112 F.3d 1119 133 Lab.Cas. P 33,529, 3 Wage & Hour Cas.2d (BNA) 1633, 10 Fla. L. Weekly Fed. C 935 Juan GAMBETTA, Plaintiff-Appellant, v. PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC., Pamela J. Davis, President and Member of the Board of Directors of PRIDE, Inc., J. Floyd Glisson, former President and Member of the Board of Directors of PRIDE, Inc., State of Florida Department of Corrections, Harry K. Singletary, Secretary, State of Florida Department of Corrections, in his ..

18-004997 THE FLORIDA HORSEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION, INC. vs CALDER RACE COURSE, INC.; AND DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING (2018)

Division of Administrative Hearings, Florida Filed: Sep. 18, 2018

The issue in this case is whether Respondent should approve the renewal of a licensee's annual slot machine gaming license, where, according to Petitioner, the licensee's slot machine gaming area is not "contiguous and connected to" its pari-mutuel facility's "live gaming facility" for wagering on horse races—— if a live gaming facility even exists at the track——and therefore fails to conform to statutory requirements.Respondent should deny the renewal of a licensee's slot machine gaming license because its slot machine gaming area is not "contiguous and connected to" its "live gaming facility" and therefore fails to conform to statutory requirements.

17-005872RU FLORIDA HORSEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION, INC., A FLORIDA NONPROFIT CORPORATION vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING (2017)

Division of Administrative Hearings, Florida Filed: Oct. 25, 2017

Whether Respondent, Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Division”), relied on an unadopted rule when it renewed a license to operate slot machines to Intervenor Calder Race Course, Inc. (“Calder”) for the 2017-2018 fiscal year, and whether Petitioner, Florida Horsemen’s Benevolent and Protective Association, Inc. (“Petitioner” or “FHBPA”), has standing to bring the instant action.Petitioner failed to establish that the agency's renewal of Intervenor's slot machine license was an unadopted rule.

76-475 Smith v. State (1977)

District Court of Appeal of Florida Filed: Apr. 19, 1977 Citations: 345 So. 2d 1080

345 So. 2d 1080 (1977) Barbara SMITH a/K/a Beverly Denise Scanes a/K/a "Sunshine", Appellant, v. The STATE of Florida, Appellee. No. 76-475. District Court of Appeal of Florida, Third District. April 19, 1977. Rehearing Denied June 1, 1977. *1081 Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for appellant. Robert L. Shevin, Atty. Gen. and Ira N. Loewy, Asst. Atty. Gen., for appellee. Before PEARSON, BARKDULL and NATHAN, JJ. PER CURIAM. This is an appeal by the d..

80-752, 80-753 Proprietors Ins. Co. v. Valsecchi (1980)

District Court of Appeal of Florida Filed: Jul. 18, 1980 Citations: 385 So. 2d 749

385 So. 2d 749 (1980) PROPRIETORS INSURANCE COMPANY et al., Appellants, v. John and Janet VALSECCHI, etc., Ann and Richard Scileppi, Etc., et al., Appellees. Nos. 80-752, 80-753. District Court of Appeal of Florida, Third District. July 18, 1980. *750 Bradford, Williams, McKay, Kimbrell, Hamann, Jennings & Kniskern, Miami, Daniels & Hicks, Dolan, Fertig & Curtis, Ft. Lauderdale, for appellants. Rossman & Baumberger, Podhurst, Orseck & Parks, Miami, for appellees. Before HUBBART, NESBITT and BASKI..

4D03-119 US Project Management, Inc. v. PARC ROYALE EAST DEV., INC. (2003)

District Court of Appeal of Florida Filed: Oct. 29, 2003 Citations: 861 So. 2d 74

861 So. 2d 74 (2003) U.S. PROJECT MANAGEMENT, INC., a Florida corporation, Appellant, v. PARC ROYALE EAST DEVELOPMENT, INC., a Florida corporation, Appellee. No. 4D03-119. District Court of Appeal of Florida, Fourth District. October 29, 2003. Rehearing Denied December 31, 2003. *75 James D. Ryan and Lauren J. Schindler of Ryan & Ryan, Attorneys, P.A., North Palm Beach, for appellant. Daniel H. Coultoff and Catherine J. Livingston of Gronek & Latham, LLP, Orlando, for appellee. POLEN, J. Parc Roy..

13-000494BID PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC., D/B/A PRIDE ENTERPRISES ("PRIDE") vs DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES (2013)

Division of Administrative Hearings, Florida Filed: Feb. 08, 2013

The issue in this case is whether Respondent, Department of Highway Safety and Motor Vehicles (Department or DHSMV), acted contrary to the agency's governing statutes, rules or policies, in its Invitation to Negotiate (ITN) with solicitation number ITN 012-13.Petitioner proved that ITN 012-13 was contrary to competition and should be withdrawn.

04-002950RX CALDER RACE COURSE, INC., A FLORIDA CORPORATION, AND DANIA JAI ALAI, A DIVISION OF THE ARAGON GROUP, INC., A FLORIDA CORPORATION vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING (2004)

Division of Administrative Hearings, Florida Filed: Aug. 18, 2004

Whether Florida Administrative Code Rules 61D-11.001(8) and (13), 61D-11.002(1), 61D-11.005(2) and (9), and 61D- 11.027(1)(b), (1)(e), (2)(a) and (2)(b), are invalid exercises of delegated legislative authority pursuant to Subsection 120.52(8), Florida Statutes (2004).Rules governing the operation of cardrooms constitute invalid exercise of delegated legislative authority.