ARISTIDES MACHADO, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. T.M., 761 So. 2d 1140 (Fla. 2d DCA 2000)
  …rt, have struck down such ordinances for being overly broad, vague, or for infringing on basic constitutional rights when the ordinances did not contain adequate exceptions. See, e.g., T.F. v. State, 431 So. 2d 342 (Fla. 2d DCA 1983); S.W. v. State, 431 So. 2d 339 (Fla. 2d DCA 1983); K.L.J. v. State, 581 So. 2d 920 (Fla. 1st DCA 1991). We must determine whether the Pinellas Park ordinance falls in the former or latter category of cases. The trial court invalidated the subject ordinance after concluding that…
• J.P. v. State, 832 So. 2d 110 (Fla. 2d DCA 2002)
  …hildren sixteen years of age or younger from public places unless accompanied by a parent or guardian and the objective of safeguarding minors is not compelling enough to justify the serious invasion of personal rights and liberties.” S.W. v. State, 431 So. 2d 339, 341 (Fla. 2d DCA 1983). Accordingly, we cannot agree that such a broad coverage as is encompassed by this ordinance has been shown to be necessary to accomplish the demonstrated need. Having determined that the Tampa ordinance is overly broad and…
• del Percio v. The City OF Daytona Beach, 449 So. 2d 323 (Fla. 5th DCA 1984)
  …ns), because it also prohibited acceptable and legitimate conduct.7 Recently our sister courts have invalidated, on similar grounds, city ordinances which barred minors from appearing in any public place from 10:00 p.m. to 5:00 a.m., S.W. v. State, 431 So. 2d 339 (Fla. 2d DCA 1983), and from 11:00 p.m. to 5:00 a.m., W.J.W. v. State, 356 So. 2d 48 (Fla. 1st DCA 1978). Both courts held that the ordinances were too broad a restriction on the inherent personal liberties of our citizens, which are guaranteed by a…

Authorities Cited

• Aristides MacHado v. State, 431 So. 2d 337 (Fla. 2d DCA 1983)