FLORIDA DEPT. OF BUS. v. GULFSTREAM RACING

Nos. SC05-2130, SC05-2131.

967 So.2d 802 (2007)

FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, etc., Appellant, v. GULFSTREAM PARK RACING ASSOCIATION, INC., Appellee. Hartman-Tyner, Inc., et al., Appellants, v. Gulfstream Park Racing Association, Inc., Appellee.

Supreme Court of Florida.

September 6, 2007.


Attorney(s) appearing for the Case

Major B. Harding and Stephen C. Emmanuel of Ausley and McMullen, Tallahassee, FL, and Joseph M. Helton, Jr. and S. Thomas Peavey Hoffer, Assistant General Counsels, Department of Business and Professional Regulation, Tallahassee, FL, for Appellants State of Florida Department of Business and Professional Regulation, Division of Par-Mutuel Wagering.

Harold F.X. Purnell and Gary R. Rutledge of Rutledge, Ecenia, Purnell and Hoffman, P.A., Tallahassee, FL, for Appellants Hartman-Tyner, Inc., West Flagler Associates, Ltd., The Aragon Group, Inc., Summersport Enterprises, LLLP, and Florida Gaming Centers, Inc.

Cynthia S. Tunnicliff and Peter M. Dunbar of Pennington, Moore, Wilkinson, Bell and Dunbar, P.A., Tallahassee, FL for Appellee.

Bruce David Green, on behalf of Florida Horseman's Benevolent and Protective Association, Inc., Fort Lauderdale, FL, as Amicus Curiae.


ANSTEAD, J.

We have on appeal a decision of a district court of appeal declaring invalid a state statute. State Dep't of Bus. & Prof'l Reg. v. Gulfstream Park Racing Ass'n, Inc., 912 So.2d 616 (Fla. 1st DCA 2005). We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. The issue before this Court is whether section 550.615(6), Florida Statutes (Supp.1996), is unconstitutional as a special law enacted in the...

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