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Bankruptcy No. 88-6491-8P7, Adv. No. 89-057 In Re Gierman (1989)

United States Bankruptcy Court, M.D. Florida Filed: Oct. 24, 1989 Citations: 106 B.R. 733

106 B.R. 733 (1989) In re Suzanne GIERMAN, Debtor. SHEARSON LEHMAN HUTTON MORTGAGE CORPORATION, Plaintiff, v. Suzanne GIERMAN, Defendant. Bankruptcy No. 88-6491-8P7, Adv. No. 89-057. United States Bankruptcy Court, M.D. Florida, Tampa Division. October 24, 1989. *734 Dennis R. Ferguson, Stagg, Hardy & Yerrid, Tampa, Fla., for plaintiff. Daniel A. Medeiros, Sarasota, Fla., for defendant. ORDER GRANTING MOTION FOR INVOLUNTARY DISMISSAL ALEXANDER L. PASKAY, Chief Judge. THIS is a Chapter 7 case and ..

11-005796RU FLORIDA QUARTER HORSE RACING ASSOCIATION, INC.; FLORIDA QUARTER HORSE BREEDERS AND OWNERS ASSOCIATION, INC.; AND GERALD KEESLING vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING (2011)

Division of Administrative Hearings, Florida Filed: Nov. 10, 2011

Whether Respondent's policy of treating "Gretna-style" barrel match racing as the legal equivalent of traditional quarter horse racing, i.e., a legitimate pari-mutuel wagering event for which a quarter horse racing permitholder can obtain an annual operating license, constitutes an agency statement of general applicability that implements, interprets, or prescribes law or policy in violation of section 120.54(1)(a), Florida Statutes (2012).1Division's policy of treating barrel racing as the legal equivalent of quarter horse racing is an unadopted rule.

07-001857RX FLORIDA FINE WINE AND SPIRITS, LLC, D/B/A TOTAL WINE AND MORE vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (2007)

Division of Administrative Hearings, Florida Filed: Apr. 25, 2007

The issues in this case are whether Florida Administrative Code Rule 61A-1.0101/ is an invalid exercise of delegated legislative authority, and whether the 1997 repeal of Rule 61A-4.058 was an invalid exercise of delegated legislative authority.Petitioner was barred from challenging the 1997 repeal of Florida Administrative Code Rule 61A-4.058 because its challenge was untimely. Petitioner did not prove that Rule 61A-1.010 was an invalid exercise of delegated legislative authority.

07-001858RU FLORIDA FINE WINE AND SPIRITS, LLC, D/B/A TOTAL WINE AND MORE vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (2007)

Division of Administrative Hearings, Florida Filed: Apr. 25, 2007

The issue in this case is whether certain statements by officials of Respondent Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco (ABT), constitute an unpromulgated rule that is invalid pursuant to Subsection 120.54(1)(a), Florida Statutes (2006).1/Respondent`s statements were challenged as invalid exercises of delegated legislative authority because they had not been promulgated as a rule; they were not rules since they did not, of their own effect, implement, interpret, or prescribe law or policy.

06-000164RP WASHINGTON COUNTY KENNEL CLUB, INC.; HARTMAN-TYNER, INC.; SOUTHWEST FLORIDA ENTERPRISES, INC.; AND ST. PETERSBURG KENNEL CLUB, INC. vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING (2006)

Division of Administrative Hearings, Florida Filed: Jan. 13, 2006

Whether the proposed repeal of Rule 61D-11.027, Florida Administrative Code, is an invalid exercise of delegated legislative authority because the repeal has the effect of creating or implementing a new rule or policy.Repeal of the rule was not an invalid exercise as the agency articulated valid reasons for its repeal.

05-004358PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING vs SRDAN SARIC (2005)

Division of Administrative Hearings, Florida Filed: Nov. 30, 2005

The issue in this case is whether Respondent, Srdan Saric, committed violations of Chapter 550, Florida Statutes (2005), and Florida Administrative Code Chapter 61D-6, as alleged in an Administrative Complaint filed with the Department of Business and Professional Regulation in DBPR Case Nos. 2005042972, 2005039423, and 2005042974, and amended January 30, 2006; and, if so, what disciplinary action should be taken against his State of Florida pari-mutuel wagering occupational license.Respondent was found to have two syringes in his tack box. Two horses tested positive for Flunixin, a Class IV drug, and phenylbutazone in excessive amounts.

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.

04-003026RP CALDER RACE COURSE, INC. vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING (2004)

Division of Administrative Hearings, Florida Filed: Aug. 26, 2004

Whether proposed rules 61D-7.021(5)(f) and 61D-7.021(5)(g) are invalid exercises of legislative delegated authority pursuant to Subsection 120.52(8), Florida Statutes (2004),2 and, if so, whether Petitioner is entitled to an award of costs and attorney's fees pursuant to Subsection 120.595(2), Florida Statutes.Proposed rules prohibiting out tickets over 30 days old from being cashed at patron-operated machines are vaild exercises of delegated legislative authority.

04-002470RU ST. PETERSBURG KENNEL CLUB, INC.; WEST FLAGLER ASSOCIATES, LTD.; ASSOCIATED OUTDOOR CLUBS, INC.; WASHINGTON COUNTY KENNEL CLUB, INC.; DAYTONA BEACH KENNEL CLUB, INC.; AND SOUTHWEST FLORIDA ENTERPRISES, INC. vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING (2004)

Division of Administrative Hearings, Florida Filed: Jul. 15, 2004

Whether Respondent’s statement contained in June 4, 2004, correspondence to the controller of the Daytona Beach Kennel Club, Inc., constitutes a rule of the agency which has not been adopted by the rule making procedures provided in Section 120.54, Florida Statutes. Statutory references are to Florida Statutes, 2004, absent contrary indication.Petitioners fail to show that Respondent`s statement constituted a non-adopted agency rule in contravention of Section 120.54, Florida Statutes. Petition is dismissed.

04-003039PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING vs JERRY M. BONETT (2004)

Division of Administrative Hearings, Florida Filed: Aug. 27, 2004

The issues in the case are whether the allegations of the Administrative Complaint are correct, and, if so, what penalty should be imposed.Respondent failed to completely disclose felony convictions on an application filed with Petitioner.

Ralf Edgar Michels