State v. Ucciferri
| Decision Date | 14 November 1952 |
| Citation | 61 So.2d 374 |
| Parties | STATE v. UCCIFERRI. |
| Court | Florida Supreme Court |
Richard W. Ervin, Atty. Gen., Reeves Bowen, Asst. Atty. Gen., Robert R. Taylor, County Sol., Miami, and Vivion B. Rutherford, Miami Beach, for appellant.
Frank Clark, Jr., Miami, for appellee.
The County Solicitor of Dade County filed an information against appellee, charging him with violating Section 1, Chapter 26722, Acts of 1951 (now Section 550.35, Subsection 1, F.S.A.). The pertinent part of the information is as follows:
'* * * that Benny I. Ucciferri of the County of Dade and State of Florida, in the 4th day of January, in the year of our Lord, one thousand nine hundred and fifty-two, in the County and State aforesaid, did unlawfully transmit or communicate to a person or persons whose name or names are to the County Solicitor unknown, the result of a horse race, to-wit: the fourth race, from a track operating in the State of Florida, to-wit: Tropical Park, within thirty minutes after posting of the official result of the said race. * * *'
A motion to quash was granted and the State has appealed. The pertinent part of Section 550.35, F.S.A., is as follows:
'(1) It shall be unlawful for any person to transmit or communicate to another by any means whatsoever the results, changing odds, track conditions, jockey changes, or any other information relating to any horse race from any race track in this state, between the period of time beginning one hour prior to the first race of any day and ending thirty minutes after the posting of the official results of each race as to that particular race, excepting that this time may be reduced to permit the transmitting of the results of the last race each day not sooner than fifteen minutes after the official posting of such results.
Provided, however, that the State Racing Commission may, by rule, permit the immediate transmission by radio, television, or press wire of any pertinent information concerning not more than two feature races each week.'
Following the quoted statute is the penalty for its violation and a declaration by the legislature that said act shall be deemed an exercise of the police power of the state for the protection of the public welfare, health, peace, safety, and morals of the people. We are enjoined to construe it liberally for that purpose.
The point for determination is whether or not the time limitation, named in the statute, within which horse race results may not be reported, is a violation of free speech as guaranteed by the First Amendment to the Federal Constitution and Section 13, Declaration of Rights, Constitution of Florida.
The time limitation complained of is the 'period * * * beginning one hour prior to the first race of any day and ending thirty minutes after the posting of the official results of each race after that particular race.' The purpose of the statute was not to inhibit the giving of racing information to the public as news, but to prohibit its use for an unlawful purpose; that is to say, bookmaking. After the time limitation expires, the information becomes public property and is no longer valuable for bookmaking purposes. The...
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Telephone News System, Inc. v. Illinois Bell Telephone Co.
...measure on the rapid transmission of gambling information * * *." H.R.Rep. No. 967, 87th Cong., 1st Sess. (1961). See also State v. Ucciferri, 61 So.2d 374 (Fla.1952). This Court has found that plaintiff's transmissions are fast or rapid within the prohibition of this section. Telephone New......
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Lieberman v. Marshall
...So.2d 892 (1945); Oshins v. York, 150 Fla. 690, 8 So.2d 670 (1942); Jones v. Board of Control, 131 So.2d 713 (Fla.1961); State v. Ucciferri, 61 So.2d 374 (Fla.1952); Tampa Times Co. et al. v. City of Tampa, 29 So.2d 368 (Fla.1947); In re Hayes, 72 Fla. 558, 73 So. 362 (1916); Nixon v. State......
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State v. Mayhew, 43575
...So.2d 892 (1945); Oshins v. York, 150 Fla. 690, 8 So.2d 670 (1942); Jones v. Board of Control, 131 So.2d 713 (Fla.1961); State v. Ucciferri, 61 So.2d 374 (Fla.1952); Tampa Times Co. et al. v. City of Tampa, 29 So.2d 368 (Fla.1947); In re Hayes, 72 Fla. 558, 73 So. 362 (1916); Nixon v. State......
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People v. Milano, Cr. 33206
...the conclusion reached in numerous other jurisdictions which have analyzed the constitutionality of similar statutes. In State v. Ucciferri (Fla.1952) 61 So.2d 374, the Florida Supreme Court considered a statute substantially similar to Penal Code section 337i. The court considered the appe......