IN THE INTEREST OF J.S., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
IN THE INTEREST OF J.S., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
598 So. 2d 331
Florida District Court of Appeal, First District (1992)
Positive Treatment
Cited by 2 cases
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 on this charge.
JOANOS, C.J., and ALLEN and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ward v. State, 609 So. 2d 1298 (Fla. 1992)…OVERTON, Justice. We have for review Ward v. State, 598 So. 2d 331 (Fla. 1st DCA 1992), in which the district court certified the same question we recently answered in the negative in Tillman v. State, 609 So. 2d 1295 (Fla.1992). For the reasons expressed in Tillman, we approve the decision of the district court.…
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)