State v. Dvorak

We treat the state’s notice of appeal as a petition for writ of certiorari. See State v. Pettis, 520 So.2d 250 (Fla.1988).

The state charged appellee with violating section 403.413(5), Florida Statutes (1993), which reads:

Unless otherwise authorized by law or permit, it is unlawful for any person to dump raw human waste from any train, aircraft, motor vehicle, or vessel upon the public or private lands or waters of the state.

Appellee challenged the constitutionality of a related portion of the statute, section dOSAlS^Xh),1 on the ground that it imper-missibly shifted the burden of proving his…