IN THE INTEREST OF B.H., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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 (46 total)
-
B.H. v. State, 645 So. 2d 987 (Fla. 1994)…PER CURIAM. We have for review the decision in B.H. v. State, 622 So. 2d 615 (Fla. 5th DCA 1993), which expressly and directly conflicts with the opinion in D.P. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Petitioner B.H., a child, was charged with escape from a juvenile commitment facility in violation of section 39.061, Florida Statutes (Supp.1990).1 B.H. pled nolo con-tender…
-
B.H. v. State, 622 So. 2d 615 (Fla. 5th DCA 1993)…n my view, that part of the juvenile escape statute under which B.H. was adjudicated to be a delinquent, section 39.061, Florida Statutes (Supp.1990), is unconstitutional for the reasons stated by the First District Court of Appeal in D.P. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992). See also State v. Davis, 619 So. 2d 517 (Fla. 4th DCA 1993). Accordingly, I would reverse B.H.’s adjudication. I also think we should certify a conflict with D.P., as well as R.A.H. v. State, 614 So. 2d 1189 (Fla. 1st DCA 1993).…1 / 2
-
Traman D. Tory v. State, 686 So. 2d 689 (Fla. 4th DCA 1996)…thority to promulgate subordinate rules within proscribed limits and to determine the facts to which established policies of legislation are to apply so long as the agency is not delegated authority to determine what the law shall be. D.P. v. State, 597 So. 2d 952, 954 (Fla. 1st DCA 1992)(eiting In re Advisory Opinion to the Governor, 509 So. 2d 292, 311 (Fla.1987)), disapproved of on other grounds, B.H. v. State, 645 So. 2d 987 (Fla.1994), cert. denied, — U.S. —, 115 S.Ct. 2559, 132 L.Ed.2d 812 (1995). See g…
Previewing 3 of 46 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In the Interest of D.P. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992)