DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT AND MOTION TO STRIKE - MCLANE SUNEAST, INC. vs. FL DEPT BUS & PROF REG, DIV OF ALCOHOLIC BEV & TOB

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On February 3, 2014 a constitutional challenge statute or ordinance-other civil case was filed by Mclane Suneast, Inc., represented by Bevington, Elizabeth L, against Douglas, Allen, Fl Dept Bus & Prof Reg, Div Of Alcoholic Bev & Tob, and Lawson, Ken, represented by Cox, Clifton, in the jurisdiction of Osceola County. Judge SCHREIBER, MARGARET H presiding.

                        
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                          Filing # 19023059 Electronically Filed 10/06/2014 10:39:07 AM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA

McLANE SUNEAST, INC.,
Case No. 14-CA-000372
Plaintiff,
vs.
FLORIDA DEPARTMENT OF
BUSINESS AND PROFESSIONAL
REGULATION, et ai.,

Defendants.
/

DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT AND
MOTION TO STRIKE

Defendants, Florida Department of Business and Professional Regulation
("Department"), Division of Alcoholic Beverages and Tobacco ("Division"), Ken
Lawson, as Secretary of the Department, and William Spicola, as Director of the
Division (collectively "Defendants"), through their undersigned counsel and pursuant
to Florida Rule of Civil Procedure 1.140, serve this motion to dismiss the Amended
Complaint filed by Plaintiff, McLane Suneast, Inc. ("McLane"), and to strike
immaterial or impertinent allegations in the Amended Complaint.

Introduction

McLane challenges the constitutionality of the Protecting Florida's Health Act!…