R.J.H., A CHILD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
R.J.H., A CHILD, PETITIONER,
STATE OF FLORIDA, RESPONDENT
788 So. 2d 952
Florida Supreme Court (2001)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We have for review R.J.H. v. State, 779 So. 2d 391 (Fla. 2d DCA 2000), in which the Second District Court of Appeal certified the following questions to be of great public importance:
WHAT LEVEL OF SCRUTINY MUST A COURT APPLY WHEN REVIEWING THE CONSTITUTIONALITY OF A JUVENILE CURFEW ORDINANCE?
WHETHER THE TAMPA JUVENILE CURFEW ORDINANCE IS CONSTITUTIONAL!;.]
Id. at 391. We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution.
In T.M. v. State, 784 So. 2d 442 (Fla.2001), we answered the first certified question by holding that strict scrutiny applies to juvenile curfew ordinances. As in T.M., we decline to answer the second certified question, quash the decision of the district court, and remand this case for further proceedings.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. J.P., 907 So. 2d 1101 (Fla. 2004)…ate Practice § 9.4 (2003 ed.). As we unanimously ruled in our initial review of these cases, in Florida “strict scrutiny applies when reviewing a juvenile curfew ordinance.” T.M., 784 So. 2d at 444; see also J.P., 788 So. 2d at 953; R.J.H. v. State, 788 So. 2d 952, 952 (Fla.2001); J.A. v. State, 788 So. 2d 953, 954 (Fla.2001); D.N.S. v. State, 788 So. 2d 955, 955 (Fla.2001); M.R. v. State, 788 So. 2d 957, 958 (Fla.2001).1 This Court recognizes that foreign jurisdictions addressing the constitutionality of ju…
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R.J.H. v. State, 832 So. 2d 117 (Fla. 2d DCA 2002)…1996). He argues that the ordinance is unconstitutional. This court previously rejected his argument and affirmed the trial court’s determination that the ordinance was constitutional. See R.J.H. v. State, 779 So. 2d 391 (Fla. 2d DCA 2000), quashed, 788 So. 2d 952 (Fla.2001). In affirming the trial court, this court applied the heightened scrutiny test. See State v. T.M., 761 So. 2d 1140 (Fla. 2d DCA 2000), quashed, 784 So. 2d 442 (Fla.2001). However, this court also certified two questions to the Florida Sup…1 / 2
Authorities Cited
- T.M. v. State, 784 So. 2d 442 (Fla. 2001)
- R.J.H. v. State, 779 So. 2d 391 (Fla. 2d DCA 2000)