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STATE v. GARNER

No. 81-119.

402 So.2d 1333 (1981)

STATE of Florida, Appellant, v. Bill M. GARNER, Appellee.

District Court of Appeal of Florida, Second District.

August 28, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Sydney H. McKenzie, III, Chief Trial Counsel, Tallahassee, for appellant.

Mark S. London, Barton S. Strock and Robert W. Weiss, Hollywood, for appellee.

BOARDMAN, Acting Chief Judge.

The state appeals a county court order finding the enhanced penalty provisions of section 318.18(3), Florida Statutes (Supp. 1980) unconstitutional and directing the clerk of the court not to accept or collect the enhanced fines imposed by that section. We hold that the challenged subsection is constitutional; we therefore reverse.

Appellee Bill M. Garner was given a traffic citation for traveling 70 miles per hour in a 55 mph...

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