Division of Administrative Hearings, Florida
Filed: Dec. 20, 1989
In their stipulation the parties described the issues to be resolved in this case as follows: Whether the Fourth Amendment to the United States Constitution applies to the roadside stop of Petitioner's car by the Monroe County Sheriff's Office and subsequent seizure of marijuana from the vehicle? Whether Section 212.0505, Florida Statutes, is unconstitutional on its face, or as applied herein, on the grounds that it subjects the Petitioner to Double Jeopardy? Whether Section 212.0505, Florida Statutes, is unconstitutional on its face, or as applied herein, on the grounds that it violates Petitioner's rights of Equal Protection and/or Due Process under the United States Constitution? Whether the Petitioner should be assessed certain sales and use taxes, pursuant to Section 212.0505, Florida Statutes, as set out in the Notice of Assessment and Jeopardy Findings dated November 17, 1988?Supression of evidence in a criminal case does not affect an assessment under Section 212.0505.
