ORLANDO, Fla. -

The Florida primary may not be over just yet because the Newt Gingrich campaign is gearing up to challenge the primary based on the Republican National Committee's rules, according to a Fox News report.

The RNC's rules state that no winner-take-all primary may be held before April 1 and Florida happens to be a winner-take-all state.

The winner of Florida's primary, Mitt Romney, was expected to gain all 50 of the state's delegates, but the Gingrich campaign demands to split up the delegates based on percentage, the report says.

A warning was sent to the Republican Party of Florida by the RNC stating that a winner-take-all state couldn't have a primary until April 1.

The RNC responded to Gingrich Thursday saying that Florida violated the rule and is already being punished for it.

The RNC does not have the ability to intervene any further unless Gingrich files a proper contest , according to the RNC memo.

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Romney had a double-digit victory in Florida, gaining 46 percent of the vote to Gingrich's 32 percent.  Rick Santorum received 13 percent of the vote and Ron Paul finished with 7 percent.