TERRY MOORE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2005-08-30
No. 1D05-3239
DAVIS, BENTON and VAN NORTWICK, JJ., concur.
912 So. 2d 616 Florida District Court of Appeal, First District (2005) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

DENIED. Denhart v. Dugger, 567 So. 2d 1041 (Fla. 1st DCA 1990).

DAVIS, BENTON and VAN NORTWICK, JJ., concur.


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  • …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 guise of a general law and wit…
  • …able possibility” that the exemption could apply to any other party before it expired. Id. at 435. The First District relied upon its earlier opinion in Florida Department of Business & Professional Regulation v. Gulfstream Park Racing Ass’n., Inc., 912 So. 2d 616 (Fla. 1st DCA 2005), aff'd, Nos. SC05-2130 & SC05-2131, 967 So. 2d 802, 2007 WL 2492308 (Fla. Sept. 6, 2007), emphasizing that, based upon Gulfstream Park, “the proper standard [in determining whether a law is an unconstitutional special law] is whe…
  • …efitted one facility. See 434 So. 2d at 882. Rather, the “controlling point” was whether the statute had the potential to apply to other facilities in the future. Id.; see also Dept. of Bus. & Prof'l Regulation v. Gulfstream Park Racing Ass’n, Inc., 912 So. 2d 616, 621-22 (Fla. [*1092] 2005) (“Whether a statute is a special law depends on its potential applicability to others who may come within the regulated class.... The critical question is not one of legislative intent; rather, it is whether the class reg…

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