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DIVISION OF ALCOHOLIC BEV. v. TAMPA CROWN

Nos. 98-3708, 98-3750 and 98-4088.

745 So.2d 418 (1999)

DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, et al., Appellants, v. TAMPA CROWN DISTRIBUTORS, INCORPORATED, McKesson Corporation, et al., Florida West Coast Beverage Distributors, Inc., Office of the Comptroller, State of Florida, Gerald Lewis, In His Capacity as Comptroller, Harry Hooper, Individually and In His Capacity as the Former Director of the Division of Alcoholic Beverages and Tobacco, and Richard Scully, Individually and In His Capacity as the Director of the Division of Alcoholic Beverages and Tobacco, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied December 2, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; Joseph C. Mellichamp, III, Senior Assistant Attorney General, Eric J. Taylor, Assistant Attorney General, Tallahassee, for Appellants.

Harold F.X. Purnell of Rutledge, Ecenia, Purnell & Hoffman, P.A., Tallahassee, for Appellees.

LAWRENCE, J.

The Division of Alcoholic Beverages & Tobacco, Department of Business And Professional Regulation (agency) appeals an order granting Tampa Crown Distributors, Incorporated (Tampa Crown) a tax refund, and an order denying a motion to enforce an earlier mandate of this court. We reverse.

The agency formerly administered a tax program that favored Florida-grown agricultural products used to produce alcoholic beverages over non-Florida-grown products...

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