RUSSELL CARINO, ET AL., PETITIONERS,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that administrative rules for breath-testing machines were not void for vagueness and their use in criminal trials was permissible. The court adopted the reasoning of a prior opinion in Rochelle.
The case involves certified questions regarding the validity of administrative rules governing breath-testing machines used in criminal trials. The st…
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PER CURIAM.
We have for review a decision certifying the following questions to be of great public importance:
A. ARE RULES 10D-42.023 AND 10D^42.024, FLORIDA ADMINISTRATIVE CODE, AS THEY EXISTED PRIOR TO AUGUST 1, 1991, VOID FOR VAGUENESS?
B. IF SO, DOES THIS PRECLUDE THE STATE’S USE OF TEST RESULTS OBTAINED ON BREATH-TESTING MACHINES MAINTAINED PURSUANT TO THOSE RULES IN A CRIMINAL TRIAL?
C. IS THE USE OF DIFFERENT (NOT UNIFORM) FORMS, REFLECTING DIFFERENT MONTHLY MAINTENANCE PROCEDURES FOR BREATH-TESTING EQUIPMENT, A DENIAL OF EQUAL PROTECTION?
D. IF SO, DOES THIS PRECLUDE THE STATE’S USE OF TEST RESULTS FROM THE BREATH-TESTING INSTRUMENTS SO TESTED IN A CRIMINAL TRIAL?
State v. Carino, 625 So. 2d 1215, 1215 (Fla. 4th DCA 1993) (incorporating questions previously certified in State v. Nevadomski, 619 So. 2d 310, 310 (Fla. 4th DCA 1993) and State v. Rochelle, 609 So. 2d 613 (Fla. 4th DCA 1992), review dismissed sub nom., Comrey v. State, 617 So. 2d 318 (Fla.1993)). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Initially, we disagree with the State’s argument that the county court lacked jurisdiction to entertain a constitutional challenge to the administrative rule in this case. See Veilleux v. State, 635 So. 2d 977 (Fla.1994). However, we agree with the resolution of the certified questions stated in the Fourth District’s opinion in Rochelle, 609 So. 2d at 613-618, and adopt that opinion as our own. Accord Veilleux; Mehl v. State, 632 So. 2d 593 (Fla.1993).
Accordingly, we answer questions A and C. in the negative as qualified by Rochelle. The remaining two questions, being conditioned on affirmative responses to issues A and C., accordingly are moot. The decision below is approved.
It is so ordered.
BARKETT, C.J., and OVERTON, MCDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Hennis v. State, 635 So. 2d 11 (Fla. 1994)…PER CURIAM. We have for review State v. Hennis, 619 So. 2d 309 (Fla. 4th DCA 1993), which certified the same questions we have answered in Carino v. State, 635 So. 2d 9 (Fla.1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Based on Carino, the decision below is approved. It is so ordered. BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.…
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Folsom v. State, 638 So. 2d 54 (Fla. 1994)…PER CURIAM. We have for review State v. Folsom, 630 So. 2d 1129 (Fla. 2d DCA 1993), which certified for review questions essentially the same as those answered in Veilleux v. State, 635 So. 2d 977 (Fla.1994), and Carino v. State, 635 So. 2d 9 (Fla.1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. The decision below is approved on the authority of Veilleux and Carino. The fourth issue raised by the State is moot and will not be addressed here. It is so ordered. GRIMES, C.J.,…
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Elia v. State, 635 So. 2d 10 (Fla. 1994)…PER CURIAM. We have for review State v. Elia, 619 So. 2d 307 (Fla. 4th DCA 1993), which certified the same questions we have answered in Carino v. State, 635 So. 2d 9 (Fla.1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Based on Carino, the decision below is approved. It is so ordered. BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Sydney Rochelle, 609 So. 2d 613 (Fla. 4th DCA 1992)
- State v. Nevadomski, 619 So. 2d 310 (Fla. 4th DCA 1993)
- Mehl v. State, 632 So. 2d 593 (Fla. 1993)
- Veilleux v. State, 635 So. 2d 977 (Fla. 1994)
- State v. Carino, 625 So. 2d 1215 (Fla. 4th DCA 1993)
- Boutwell v. State, 625 So. 2d 1215 (Fla. 4th DCA 1993)