McGuire v. State

I agree with the majority in certifying the question. However, I respectfully dissent with the majority view on the merits and would grant the petition for rehearing. I believe the pertinent administrative code provision to be unconstitutionally vague. Because a conviction under an unconstitutional law constitutes fundamental error, a fortiori, it is a departure from the essential requirements of law and certiorari is the appropriate remedy. Combs v. State, 436 So.2d 93 (Fla.1983).

The defendant in this case was convicted pursuant to Rule 16D-2.04(l)(e), Florida Administrative Code, which…