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STATE v. CATALANO

No. SC11-1166.

104 So.3d 1069 (2012)

STATE of Florida, Appellant, v. Richard T. CATALANO, et al., Appellees.

Supreme Court of Florida.

December 13, 2012.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Timothy David Osterhaus , Deputy Solicitor General, Tallahassee, FL, for Appellant.

Richard Thomas , Catalano of TSE Industries, Inc., Clearwater, FL, for Appellees.

Andrea Flynn Mogensen of the Law Office of Andrea Flynn Mogensen, P.A., Sarasota, FL, and Randall C. Marshall and Maria Kayanan , Miami, FL, for Amici Curiae American Civil Liberties Union of Florida.

LABARGA, J.

This case is before the Court on appeal from a decision of the Second District Court of Appeal, State v. Catalano, 60 So.3d 1139 (Fla. 2d DCA 2011), which declared section 316.3045, Florida Statutes (2007), to be invalid. We have jurisdiction.1 For the reasons set forth below, we affirm the Second District's declaration that the statute is invalid because it is an unreasonable restriction...

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