DEFENDANTS' MOTION TO DISMISS 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 # 12921746 Electronically Filed 04/25/2014 09:40:13 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, e¢ al.,

Defendants.
/

DEFENDANTS' MOTION TO DISMISS 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 Allen Douglas, 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 complaint
filed by Plaintiff, McLane Suneast, Inc. ("McLane"), and to strike immaterial or
impertinent allegations in the Complaint.

Introduction

McLane challenges the constitutionality of the Protecting Florida's Health Act!
("Health Act") and of all tobacco taxes…