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STATE DEPT. OF HIGHWAY SAFETY v. SARNOFF

No. 97-4803.

734 So.2d 1054 (1998)

STATE of Florida DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. Marc D. SARNOFF, Tom Hyde, Steven Register, Charles Stahman, Harry Brady and Melissa Richie, both individually and on behalf of all others similarly situated, Appellees.

District Court of Appeal of Florida, First District.

November 12, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Eric J. Taylor, Assistant Attorney General, Tallahassee, for Appellant.

Scott D. Makar of Holland & Knight LLP, Jacksonville; John T. Rogerson, III, Alan S. Wachs and Catherine J. Tackett, Jacksonville, for Appellees.

PER CURIAM.

While recognizing that it was a close call, the trial court denied the Department of Highway Safety and Motor Vehicles' ("Department") motion for change of venue from Duval County to Leon County, concluding that under the circumstances, the Department was a "sword wielder," so that the exception to the state's home venue privilege applied. We reverse.

Section 325.214, the Florida Motor Vehicle Inspection Program, is part of the "Clean Outdoor Air...

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