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STATE v. CATALANO

Nos. 2D10-973, 2D10-974.

60 So.3d 1139 (2011)

STATE of Florida, Petitioner, v. Richard T. CATALANO, Respondent, State of Florida, Petitioner, v. Alexander Schermerhorn, Respondent.

District Court of Appeal of Florida, Second District.

May 11, 2011.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Helen Brewer Fouse , Assistant Attorney General, Tampa, and Scott D. Makar , Solicitor General, and Timothy D. Osterhaus , Deputy Solicitor General, Office of the Attorney General, Tallahassee, for Petitioner.

Richard T. Catalano , pro se.

Richard T. Catalano , Clearwater, for Respondent Alexander Schermerhorn.

Andrea Flynn Mogensen , Sarasota, Cooperating Attorney for Amicus Curiae ACLU Foundation of Florida Inc., and Randall C. Marshall , Miami, for Amicus Curiae ACLU Foundation of Florida, Inc.

BLACK, Judge.

Defendants, Richard T. Catalano and Alexander Schermerhorn, were issued traffic citations under section 316.3045, Florida Statutes (2007).1 Section 316.3045 restricts the volume at which a car stereo system may be played on a public street, but it exempts vehicles being used for business or political purposes, which in the normal course of conducting such business use soundmaking devices. For the reasons stated below, we...

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