CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2001 WL 1245233
...uch activities may be enjoined as nuisances. SUNCRUZ argues that its activities are legal under the provisions of both federal law, as embodied in 15 U.S.C. 1171 et seq. (commonly known as the "Johnson Act"), and state law, as provided in Fla. Stat. § 849.231....
...ons. One of the specific exceptions provided by the Johnson Act is that gambling devices may be possessed and used on day cruise voyages unless the state from which the vessel departs and returns has enacted a law which bans such cruises. Fla. Stat. § 849.231 prohibits the manufacture, sale, transport, and possession of a large variety of gambling equipment....
...ndisputed that SUNCRUZ has registered under the Johnson Act since 1997. The Johnson Act specifically permits possession of gambling equipment, and use of such equipment while outside of the boundaries of the State, on day cruises voyages. Fla. Stat. § 849.231 specifically exempts possession of such equipment in Florida by those who register under the Johnson Act and do not display the equipment to the general public. Because Fla. Stat. § 849.231 is a statute of specific application to the activities of SUNCRUZ, this Court applies the well known rule of construction that a statute of specific application controls over a statute of general application. Therefore, the other statutes which BUTTERWORTH seeks to use to enjoin possession of gambling equipment in the State of Florida do not apply to SUNCRUZ's day cruise operations. BUTTERWORTH has argued that even if the exception of Fla. Stat. § 849.231 applies to day cruise operations, SUNCRUZ has lost the protection of the statute by violating the condition in the statute that the gambling devices may not be "displayed to the general public." BUTTERWORTH has submitted the affidavit of Joseph J....
...have purchased tickets for the voyage. This Court concludes as a matter of law that these persons do not constitute the "general public" as those terms are used in the statute. Based upon the foregoing analysis, this Court concludes that Fla. Stat. § 849.23(1) exempts those who have registered under the Johnson Act, and who do not display gambling equipment to the general public, from the prohibitions of the statute against possession of gambling equipment. SUNCRUZ has established that it has registered under the Act, and as a matter of law that the equipment is not displayed to the general public, in compliance with Fla. Stat. § 849.231....
