CopyCited 38 times | Published | Supreme Court of Florida
...Nagin, Atlanta, Ga., for The Federal Trade Commission, Atlanta Regional Office, amicus curiae. ROBERTS, Justice. This cause is before us on direct appeal to review the final judgment of the Circuit Court in and for Leon County, Florida, which directly passes upon the constitutionality of Sections
501.204 and
501.205, Florida Statutes, and finds the same to be unconstitutionally vague and indefinite and an unlawful delegation of legislative authority....
...enjoin its further solicitation and operation on Florida residents. In motions to dismiss the complaint against him, appellee alleged that the complaint failed to state a cause of action for which relief could be granted in that Sections
501.204 and
501.205, Florida Statutes, constitute unlawful delegations of legislative power, prerogative and authority to an administrative agency in violation of Article III, Section 1, Constitution of Florida; that the circuit court was without jurisdiction of...
...the amended complaint and on appellee's motions to dismiss. Determining that no genuine issue of material fact existed as to the issues made by Count I of the complaint and answer thereto or as to the constitutional challenge to Sections
501.204 and
501.205, Florida Statutes, and that judgment could be rendered as a matter of law, the trial judge entered final judgment in favor of appellee dismissing the amended complaint against appellee....
...y trial or contest of skill, speed, power, or endurance of man or beast condemned by Section
849.14, Florida Statutes, but rather is the playing of a game in a contest of skill for a prize. As to the constitutionality vel non of Sections
501.204 and
501.205, Florida Statutes, the trial judge concluded that these sections constitute an unlawful delegation of legislative authority....
...Thus, in interpreting the language of RCW 19.86.020 we must hold that the phrase `unfair methods of competition' and `unfair or deceptive acts or practices' have a sufficiently well established meaning in common law and federal trade law, by which we are guided, to meet any constitutional challenge of vagueness." Section 501.205, Florida Statutes, provides: " Rule-making power....
...nstitution of Florida. Since Subsection
501.204(2), Florida Statutes, imposes a clear and definite standard upon the enforcing authority in defining "unfair methods of competition" and "unfair or deceptive" trade practices under Sections
501.204 and
501.205, Florida Statutes, argues appellant, the trial court erred in invalidating these sections as unconstitutional delegations of legislative authority....
...e subject puzzle game is an unlawful wager or lottery does not preclude the State from taking such a posture. Finally, we determine that Administrative Rule 2-9.07, Florida Administrative Code, promulgated under the authority of Sections
501.204 and
501.205, Florida Statutes, is a valid and reasonable rule. Accordingly, for the reasons aforestated, we hold that Sections
501.204 and
501.205, Florida Statutes, are constitutional, are not vague and indefinite and do not constitute an unconstitutional delegation of legislative authority....
...authority in the circuit court in the county of said party's residence. All parties shall be bound by the final order of the circuit court. [2] Specifically, the trial judge opined: "3. Turning now to the question of whether or not F.S.
501.204 and
501.205 constitute an unlawful delegation of legislative authority or power in violation of Section 1, Article III of the state constitution, it is concluded that such violation is involved....
...ue consideration and great weight shall be given to the interpretation of the Federal Trade Commission and the federal courts relating to Section 5(a) (1) of the Federal Trade Commission Act [15 U.S.C. § 45(a) (1)], as from time to time amended'. F.S. 501.205(1) provides that the Department of Legal Affairs `shall propose rules to the cabinet which prohibit with specificity acts or practices that violate this part ......
...The certainty of meaning is to be found in rules proposed by the department and adopted by majority vote of the cabinet, which are directed to be `consistent with rules, regulations and decisions of the Federal Trade Commission and the federal courts interpreting
15 U.S. 45(a)(1), as from time to time amended'. F.S.
501.205....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1994 WL 486557
...but dismissed the entire action against Father and Son. The trial court based this dismissal on the fact that there was no administrative rule or regulation specifying that the conduct of Father and Son was prohibited. The trial court reasoned that section
501.205 required an administrative rule delineating exactly what conduct was prohibited by section
501.204. Section
501.205 provides in pertinent part: (1) The department shall adopt rules which set forth with specificity acts or practices that violate this part and which prescribe procedural rules for the administration of this part....
...Father and Son contends that the court in Rogers specifically held that the Florida Deceptive and Unfair Trade Practices Act sufficiently put Rogers on notice that his conduct was unfair and deceptive because the gaming conduct in question was proscribed by Fla. Admin. Code Rule 2-907 adopted pursuant to section
501.205(1). Although the court in Rogers recognized that Rule 2-907, was a valid and reasonable rule, its specific holding was that sections
501.204 and
501.205 are constitutional as they are not vague and indefinite and do not constitute an unlawful delegation of legislative authority. Id. at 267. Its finding of constitutionality was not based on the existence of Rule 2-907. Rather, we interpret Rogers as supporting our holding that a specific rule or regulation pursuant to section
501.205 is not needed to find that conduct was unfair or deceptive in accordance with section
501.204(1)....
...We do not, however, base our reversal on this procedural defect. See Surat v. Nu-Med Pembroke, Inc.,
632 So.2d 1136 (Fla.4th DCA 1994). GLICKSTEIN, J., concurs. WARNER, J., concurs specially with opinion. WARNER, Judge, concurring specially. The issue presented in this case is whether section
501.205, Florida Statutes, was intended by the legislature as an exclusive delegation of authority to the executive branch to determine by rule what specific actions violate the statute or whether the legislature intended that the statute also allow judicial interpretation to expand the coverage of the act....
...1976), holds that section
501.204 is not unconstitutionally vague because "unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or business" has acquired a meaning well settled in federal trade law to which section
501.204(2) directs the decision-maker. It also holds that section
501.205 is not an improper attempt to delegate legislative authority because the rule-making authority of the executive branch is guided by adequate standards of the act....
