STATE OF FLORIDA, APPELLANT,
v.
DOROTHY APPELBAUM, APPELLEE

Fla. | 1979-01-04
No. 53828
ENGLAND, C. J., and ADKINS, BOYD, HATCHETT and ALDERMAN, JJ., concur., SUNDBERG, J., dissents.
366 So. 2d 443 Florida Supreme Court (1979) Positive Treatment
Cited by 10 cases
Topics
Unconstitutional Vagueness Unconstitutionally Vague Statute Equal Protection Due Process

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Opinion of the Court
OVERTON, Justice.

OVERTON, Justice.

This case is before us on direct appeal from the County Court, Dade County, which held that Section 849.093, Florida Statutes (1977), was unconstitutionally vague and overbroad. We have jurisdiction pursuant to Article V, Section 3(b)(1), Florida Constitution.

The statute invalidated below regulates the conduct of bingo and guest games. We have recently considered its constitutionality and held that it does not violate the due process and equal protection clauses of the Florida and United States Constitutions. Carroll v. State, 361 So. 2d 144 (Fla.1978).

Although not all of the arguments raised by the appellant were discussed in Carroll, supra, we find the additional arguments to be without merit and specifically find the statute is neither vague nor overbroad.

Accordingly, the decision of the court below is reversed and the cause remanded for proceedings not inconsistent with this opinion.

It is so ordered.

ENGLAND, C. J., and ADKINS, BOYD, HATCHETT and ALDERMAN, JJ., concur. SUNDBERG, J., dissents.

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