Winfield v. Division of Pari-Mutuel Wagering, Dept. of Business Regulation, PARI-MUTUEL

CourtFlorida Supreme Court
Writing for the CourtADKINS; BOYD; McDONALD
Citation10 Fla. L. Weekly 548,477 So.2d 544
Decision Date10 October 1985
Docket NumberPARI-MUTUEL,No. 64793
Parties10 Fla. L. Weekly 548 Clifton WINFIELD, Nigel Winfield, Nikki Winfield, a minor, By and Through her father and next friend Malcolm Winfield and Frank Marano, Petitioners, v. DIVISION OFWAGERING, DEPARTMENT OF BUSINESS REGULATION, Robert M. Smith, Jr., and Gary Rutledge, Respondents.

Page 544

477 So.2d 544
10 Fla. L. Weekly 548
Clifton WINFIELD, Nigel Winfield, Nikki Winfield, a minor, By and Through her father and next friend Malcolm Winfield and Frank Marano, Petitioners,
v.
DIVISION OF PARI-MUTUEL WAGERING, DEPARTMENT OF BUSINESS REGULATION, Robert M. Smith, Jr., and Gary Rutledge, Respondents.
No. 64793.
Supreme Court of Florida.
Oct. 10, 1985.

Page 545

Milton E. Grusmark of the Law Offices of Milton E. Grusmark, North Miami, for petitioners.

Elliot H. Henslovitz, Miami, for respondents.

Jim Smith, Atty. Gen., David K. Miller, Chief Counsel and John Miller, Asst. Atty. Gen., Dept. of Legal Affairs, Economic Crime Litigation Unit, Tallahassee, for Atty. Gen., amicus curiae.

ADKINS, Justice.

This cause is before us for review of two questions certified by the Fourth District Court of Appeal to be of great public importance. Division of Pari-Mutuel Wagering,

Page 546

Department of Business Regulation v. Winfield, 443 So.2d 455 (Fla. 4th DCA 1984). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The Department of Business Regulation and the Division of Pari-Mutuel Wagering, respondents, issued subpoenas duces tecum to various banking institutions to obtain banking records of the accounts of Nigel Winfield and Malcolm Winfield, petitioners. Respondents gave no notice of the subpoenas to petitioners and asked the banks not to inform petitioners of the investigation.

Petitioners filed for declaratory and injunctive relief against the subpoenas duces tecum alleging that the subpoenas were facially invalid, that they violated petitioners' constitutional right to privacy and due process, and that maintenance of the records as public records in the respondent's files constituted an additional violation of their constitutional right to privacy. The circuit court found that respondents had probable cause to institute the investigation, and that it had acted within its authority. The court nevertheless granted petitioners relief on the grounds that their constitutional privacy rights would be violated if the subpoenaed records became public records in the hands of respondents pursuant to chapter 119, Florida Statutes. The court thereupon confirmed a previous interlocutory order in effect restraining respondents from inspecting, copying or using the records or the information contained in them, and directing that the records be maintained under court seal. Appeal was taken to the district court which ruled in favor of respondents and certified the following questions to this Court as being of great public importance:

I. Does article I, section 23 of the Florida Constitution prevent the Division of Pari-Mutuel Wagering from subpoenaing a Florida citizen's bank records without notice?

II. Does the subpoenaing of all of a citizen's bank records under the facts of this case constitute an impermissible and unbridled exercise of legislative power?

443 So.2d at 457. We answer both questions in the negative and approve the decision of the district court.

The concept of privacy or right to be let alone is deeply rooted in our heritage and is founded upon historical notions and federal constitutional expressions of ordered liberty. Justice Brandeis, sometimes called the father of the idea of privacy, recognized this fundamental right of privacy when he wrote:

The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect.... They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone--the most comprehensive of rights and the right most valued by civilized men.

Olmstead v. United States, 277 U.S. 438, 478, 48 S.Ct. 564, 572, 72 L.Ed. 944 (1928) (Brandeis, J., dissenting).

The United States Supreme Court has fashioned a right of privacy which protects the decision-making or autonomy zone of privacy interests of the individual. The Court's decisions include matters concerning marriage, procreation, contraception, family relationships and child rearing, and education. Roe v. Wade, 410 U.S. 113, 152-53, 93 S.Ct. 705, 726-27, 35 L.Ed.2d 147 (1973). Other privacy interests enunciated by the Court...

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131 practice notes
  • T.M.H. v. D.M.T., No. 5D09–3559.
    • United States
    • Court of Appeal of Florida (US)
    • January 26, 2012
    ...N. Fla. Women's Health & Counseling Servs., Inc. v. State, 866 So.2d 612, 625 n. 16 (Fla.2003); Winfield v. Div. of Pari–Mutuel Wagering, 477 So.2d 544 (Fla.1985). Even if an intermediate level of scrutiny is applied, the burden is on the proponent of the statute to show it does not violate......
  • State v. Thompson, No. 16145
    • United States
    • Idaho Court of Appeals
    • November 2, 1987
    ...166, 529 P.2d 590 (1974); Charnes v. DiGiacomo, 200 Colo. 94, 612 P.2d 1117 (1980); Winfield v. Division of Pari-Mutuel Wagering, 477 So.2d 544 (Fla.1985); People v. Jackson, 116 Ill.App.3d 430, 72 Ill.Dec. 153, 452 N.E.2d 85 (1983); Commonwealth v. DeJohn, supra. These courts have conclude......
  • State v. JP, No. SC02-2288
    • United States
    • United States State Supreme Court of Florida
    • November 18, 2004
    ...state interest and accomplishes its goal through the use of the least intrusive means. See Winfield v. Div. of Pari-Mutuel Wagering, 477 So.2d 544 (Fla.1985) (explaining that where law intrudes on fundamental right to privacy guaranteed in Florida's Constitution, the State must demonstrate ......
  • D.M.T. v. T.M.H., No. SC12–261.
    • United States
    • Florida Supreme Court
    • December 12, 2013
    ...Servs., Inc. v. State, 866 So.2d 612, 625 n. 16 (Fla.2003); see also Winfield v. Div. of Pari–Mutuel Wagering, Dep't of Bus. Regulation, 477 So.2d 544, 547 (Fla.1985) (stating that Florida's “right of privacy is a fundamental right which ... demands the compelling state interest standard”).......
  • Request a trial to view additional results
131 cases
  • T.M.H. v. D.M.T., No. 5D09–3559.
    • United States
    • Court of Appeal of Florida (US)
    • January 26, 2012
    ...N. Fla. Women's Health & Counseling Servs., Inc. v. State, 866 So.2d 612, 625 n. 16 (Fla.2003); Winfield v. Div. of Pari–Mutuel Wagering, 477 So.2d 544 (Fla.1985). Even if an intermediate level of scrutiny is applied, the burden is on the proponent of the statute to show it does not violate......
  • State v. Thompson, No. 16145
    • United States
    • Idaho Court of Appeals
    • November 2, 1987
    ...166, 529 P.2d 590 (1974); Charnes v. DiGiacomo, 200 Colo. 94, 612 P.2d 1117 (1980); Winfield v. Division of Pari-Mutuel Wagering, 477 So.2d 544 (Fla.1985); People v. Jackson, 116 Ill.App.3d 430, 72 Ill.Dec. 153, 452 N.E.2d 85 (1983); Commonwealth v. DeJohn, supra. These courts have conclude......
  • State v. JP, No. SC02-2288
    • United States
    • United States State Supreme Court of Florida
    • November 18, 2004
    ...state interest and accomplishes its goal through the use of the least intrusive means. See Winfield v. Div. of Pari-Mutuel Wagering, 477 So.2d 544 (Fla.1985) (explaining that where law intrudes on fundamental right to privacy guaranteed in Florida's Constitution, the State must demonstrate ......
  • D.M.T. v. T.M.H., No. SC12–261.
    • United States
    • Florida Supreme Court
    • December 12, 2013
    ...Servs., Inc. v. State, 866 So.2d 612, 625 n. 16 (Fla.2003); see also Winfield v. Div. of Pari–Mutuel Wagering, Dep't of Bus. Regulation, 477 So.2d 544, 547 (Fla.1985) (stating that Florida's “right of privacy is a fundamental right which ... demands the compelling state interest standard”).......
  • Request a trial to view additional results

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