Legal Opinion · Concurrence

Florida Department of Business & Professional Regulation v. Gulfstream Park Racing Ass'n

Supreme Court of Florida

Decided September 6, 2007No. Nos. SC05-2130, SC05-2131Published

1Concurrence

LEWIS, C.J.,

specially concurring.

I agree with the majority analysis that section 550.615(6) of the Florida Statutes is an unconstitutional special law. I write separately because the majority fails to mention, recognize or discuss the impact of the nonseverability clause found in section 550.71 of the Florida Statutes on the present dispute. Section 550.71, entitled “Operation of ch. 96-364,” was originally enacted as part of chapter 96-364, Laws of Florida, and provides:

If the provisions of any section of this act are held to be invalid or inoperative for any reason, the remaining provisions…

2Cases cited5 opinions

  1. Heggs v. StateSupreme Court of Florida · 2000
  2. Zobel v. WilliamsSupreme Court of the United States · 1982
  3. Cramp v. BOARD OF PUBLIC INSTRUCTION OF ORANGESupreme Court of Florida · 1962
  4. Moreau v. LewisSupreme Court of Florida · 1995
  5. Hewett v. StateDistrict Court of Appeal of Florida · 1991

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