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STATE v. McELDOWNEY

No. 5D12-1532.

99 So.3d 610 (2012)

STATE of Florida, Appellant, v. Daniel Joseph McELDOWNEY, Appellee.

District Court of Appeal of Florida, Fifth District.

October 19, 2012.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Kristen L. Davenport , Assistant Attorney General, Daytona Beach, for Appellant.

Jeremy A. Cleckner and William J. Cleckner , of Cleckner and Cleckner, P.A., Melbourne, for Appellee.

PER CURIAM.

The State appeals from a final county court order declaring section 316.1905(3)(b), Florida Statutes (2011), unconstitutional as an infringement upon the supreme court's authority to promulgate procedural law. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(b)(1)(A) and section 26.012(1), Florida Statutes, and reverse the order on appeal.

Section 316.1905(3)(b) creates a rebuttable...

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