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FLA. DEPT. OF REVENUE v. SEMINOLE ELEC. CO-OP., INC.

No. 91-01145.

598 So.2d 115 (1992)

The FLORIDA DEPARTMENT OF REVENUE and Gerald R. Lewis, as Comptroller of the State of Florida, Appellants/Cross-Appellees, v. SEMINOLE ELECTRIC COOPERATIVE, INC., a Florida Corporation, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 13, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Kevin J. ODonnell, Asst. Atty. Gen., Tallahassee, for appellants/cross-appellees.

Wallace B. Anderson, Jr., and Robert A. Mora of Allen, Dell, Frank & Trinkle, Tampa, for appellee/cross-appellant.

PATTERSON, Judge.

The Department of Revenue appeals a final judgment of the trial court declaring that section 212.059(5), Florida Statutes (1987)1, as applied to Seminole Electric Cooperative, Inc., violates the Commerce Clause of article I, section 8 of the United States Constitution. We reverse.

Seminole Electric is a Florida corporation whose principal place of business is in Hillsborough County, Florida. It operates two coal...

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