IN THE INTEREST OF M.C., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
IN THE INTEREST OF M.C., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
595 So. 2d 1110
Florida District Court of Appeal, First District (1992)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The sole issue on appeal in this case is appellant’s challenge to the constitutionality of section 39.061, Florida Statutes (Supp. 1990). We reverse.
We recently held section 39.061, Florida Statutes (Supp.1990) unconstitutional as an unlawful delegation of legislative authority to an administrative agency. D.P. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992). Appellant has challenged section 39.061 on the same grounds that were raised in D.P. We agree that the statute is unconstitutional for the reasons expressed in D.P. Accordingly, appellant’s adjudication of delinquency is hereby reversed and this matter is remanded to the lower tribunal with instructions to discharge appellant.
JOANOS, C.J., and BOOTH and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Chauncey Davis, 619 So. 2d 517 (Fla. 4th DCA 1993)…, 655 (Fla.1979). Section 39.061 delegates unbridled discretion to HRS to say what the law of juvenile escape from residential facilities shall be without providing a sufficient substantive standard. D.P., 597 So. 2d at 955. See also M.C. v. State, 595 So. 2d 1110 (Fla. 1st DCA 1992); S.H. v. State, 598 So. 2d 320 (Fla. 1st DCA 1992); D.W. v. State, 599 So. 2d 736 (Fla. 1st DCA 1992); J.G. v. State, 600 So. 2d 1144 (Fla. 1st DCA 1992). The D.P. court explained: The statute does not mandate that all residenti…
Authorities Cited
- In the Interest of B.H. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992)
- In the Interest of D.P. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992)