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DEERBROOKE INVESTMENTS, INC. v. FLORIDA DEPT. OF REVENUE

No. 4D01-5043.

861 So.2d 447 (2003)

DEERBROOKE INVESTMENTS, INC., Appellant, v. FLORIDA DEPARTMENT OF REVENUE, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 26, 2003.

Attorney(s) appearing for the Case

Kenneth M. Hart and Nicole Nugan of Gunster, Yoakley & Stewart, P.A., West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, and Nicholas Bykowsky, Assistant Attorney General, Tallahassee, for appellee.

STONE, J.

Deerbrooke Investments, Inc. ("Deerbrooke") appeals an order of the Florida Department of Revenue ("the department") imposing an assessment of state sales and use taxes. We reverse in part and affirm in part.

Deerbrooke is a Panamanian company which operates cruises from the Port of Palm Beach "to nowhere" (a little farther than three miles from shore) and back for the purpose of gambling outside of Florida territorial waters. The cruises are conducted...

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