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STATE v. AVATAR DEVELOPMENT CORP.

No. 96-1639.

697 So.2d 561 (1997)

STATE of Florida, Appellant, v. AVATAR DEVELOPMENT CORP. and Amikam Tanel, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 19, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Jonathan A. Glogau, Assistant Attorney General, Tallahassee, for appellant.

John H. Pelzer, Samuel S. Fields and Daniella Friedman of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellees.

David K. Thulman, Assistant General Counsel, State of Florida Department of Environmental Protection, Tallahassee, for Amicus Curiae-State of Florida Department of Environmental Protection.

PER CURIAM.

We have accepted jurisdiction pursuant to Rule 9.160, Florida Rules of Appellate Procedure, of the following certified question from the county court:

Are Florida Statutes § 403.161(1)(b) or § 403.161(5) unconsitutional as charged in the information?

Based on the certified question, the State of Florida appeals the dismissal of its criminal misdemeanor information against appellees Avatar Development Corp. ("Avatar") and Avatar...

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