Opinion
No. 83-88.
December 14, 1983.
On Petition for Writ of Common Law Certiorari to the Circuit Court in and for Broward County; H. Mark Purdy, Judge.
Jim Smith, Atty. Gen., Tallahassee, and Max Rudmann, Asst. Atty. Gen., West Palm Beach, for petitioner.
J. David Bogenschutz of Varon Stahl, P.A., Hollywood, for respondent Harrison.
Robert M. Leen of Leen and Schneider, Hollywood, for respondent Patricia Wolack.
Based upon the authority of Novo v. Scott, 438 So.2d 477 (Fla. 3d DCA, 1983) we grant the state's petition for certiorari and quash the trial court's order which held that section 914.04, Florida Statutes (Supp. 1982) is unconstitutional. We adopt the rationale of our sister court and "hold that section 914.04 is constitutional and affords a witness derivative-use immunity." Novo v. Scott, supra.
HERSEY, HURLEY and WALDEN, JJ., concur.