Opinion
Nos. 81-259, 81-260.
December 8, 1982.
Appeal from the Circuit Court, Broward County, Lawrence L. Korda, J.
Jim Smith, Atty. Gen., Tallahassee, and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellant.
Marc S. Nurik of Nurik, O'Donnell Lazarus, Fort Lauderdale, for appellees Wood and Stroebel.
REVERSED. See State v. Benitez, 395 So.2d 514 (Fla. 1981). We also reject the claim by appellees that Section 893.135, Florida Statutes (1979) violates their right to privacy embodied in Article I, Section 23 of the Florida Constitution. Cf., State v. Benitez, 395 So.2d, at 519-520 (discussion of defendant's right not to be compelled to incriminate himself).
Accordingly, this cause is reversed with directions that the charges against appellees be reinstated.
ANSTEAD, GLICKSTEIN and HURLEY, JJ., concur.