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STATE v. BURKE

No. 91-2555.

599 So.2d 1339 (1992)

STATE of Florida, Appellant, v. Bruce E. BURKE, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 15, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Charlie McCoy, Asst. Atty. Gen., Tallahassee, for appellant.

Gregory S. Parker of Smith, Smith & Parker, P.A., Perry, for appellee.

WOLF, Judge.

The State of Florida (state) appeals from an order of the county court suppressing the results of a blood alcohol test administered to Bruce E. Burke, appellee. The county court in its order certified the following question to be one of great public importance:

DO RULES 10D-42.028 — 10D-42.030 (INCLUSIVE) COMPLY WITH THE MANDATE OF FLORIDA STATUTE 316.1932(1)(f)1 REQUIRING THE FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES TO...

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