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DEPARTMENT OF BUSINESS REGULATION v. VANDERVOORT

No. 40275.

273 So.2d 66 (1972)

DEPARTMENT OF BUSINESS REGULATION et al., Appellants, v. Henry Carl VANDERVOORT, Jr., Individually and As President of the Florida Division of the Horseman's Benevolent & Protective Association, a Non-Profit Corporation, and All Other Licensed Thoroughbred Owners Similarly Situated, Appellees.

Supreme Court of Florida.

Rehearing Denied March 7, 1973.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen. and Bruce L. Scheiner, Asst. Atty. Gen., and Herbert M. Klein, Gen. Counsel, Dept. of Business Regulation, Miami, for appellants.

Dan Chappell and Richard M. Gale, Miami, for appellees.

PER CURIAM.

The Department of Business Regulation has appealed from a decision of the Dade County Circuit Court that Rule 305 A-1.23 (17) promulgated by the Division of Pari-Mutuel Wagering is unconstitutional. We have jurisdiction because of the Court's construction of controlling provisions of the Constitutions of Florida and the United States. Article V, § 4(2), Florida Constitution, F.S.A.

Rule 305 A-1.23(17) of the Rules of the Division of Pari-Mutuel...

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