LIVINGS v. DAVIS

PER CURIAM.

Affirmed. Tingley v. Allen, 397 So.2d 1166 (Fla. 3d DCA 1981).

JORGENSON, Judge, dissenting.

I respectfully dissent. In my view, Section 370.15(2)(a), Florida Statutes (1979), is constitutional. I would recede from Tingley, supra, and adopt the views of our sister court in Department of Natural Resources v. Southeastern Fisheries Association, Inc., 415 So.2d 1326 (Fla. 1st DCA 1982). See also, People v. Weeren, 26 Cal.3d 654, 163 Cal.Rptr. 255, 607 P.2d 1279 (Cal. 1980), cert. denied, 449 U.S. 839, 101 S.Ct. 115, 66 L.Ed.2d 45.