CONSOLIDATED CITY OF JACKSONVILLE, APPELLANT,
v.
MIRIAM M. DUSENBERRY, APPELLEE

Fla. 1st DCA | 1978-08-30
No. JJ-28
SMITH, Acting C. J., and MELVIN and BOOTH, JJ., concur.
362 So. 2d 132 Florida District Court of Appeal, First District (1978) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

At issue here is the validity of Section 804.311 of the Jacksonville City Ordinance Code requiring a $1,000.00 occupational license fee for fortune tellers, clairvoyants, astrologists, etc. The trial court found that the ordinance, asserted by the city to be solely a revenue raising device, was . . unreasonable and thus illegal and void . . We agree that the ordinance is not valid as a revenue raising device and affirm the trial court’s judgment. We do not in this opinion consider the power of the city to control this type of activity through regulatory ordinances.

AFFIRMED.

SMITH, Acting C. J., and MELVIN and BOOTH, JJ., concur.


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  • City OF N. Miami v. Williams, 555 So. 2d 399 (Fla. 3d DCA 1989)
    …pational license fee is so great as to be beyond the necessities of a reasonable revenue-raising device and is therefore unauthorized under Sections 205.- [*400] 042, 205.043, Florida Statutes (1987). Consolidated City of Jacksonville v. Dusenberry, 362 So. 2d 132 (Fla. 1st DCA 1978) ($1,000 occupational license fee for fortune tellers, clairvoyants, and astrologers held invalid); see City of Miami v. I.C. Sales, Inc., 276 So. 2d 214, 218 (Fla. 3d DCA), cert. denied, 281 So. 2d 213 (Fla.1973); and (2) the occ…

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