T.H., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a fight occurring before school hours, motivated by personal jealousy, does not constitute knowingly disrupting or interfering with the lawful administration or functions of an educational institution. The court affirmed the battery conviction.
Appellant was convicted of battery on a school board employee and knowingly disrupting or interfering with the lawful administration or functions of a…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
[*1292] GROSS, J.
We affirm appellant’s conviction for battery on a school board employee. § 784.081(3), Fla. Stat. (2000).
We reverse the conviction for knowingly disrupting or interfering with the lawful administration or functions of an educational institution. § 877.13(l)(a), Fla. Stat. (2000). The statute seeks to prohibit acts which are “specifically and intentionally designed to stop or temporarily impede the progress of any normal school function or activity occurring on the school’s property.” M.C. v.. State, 695 So. 2d 477, 483 (Fla. 3d DCA 1997).
Appellant got into a fight with another student on a high school campus at 7:00 a.m., before school began. The fight was over a girl. The fuel for the fight was jealousy. There was no evidence of knowing or intentional conduct designed to disrupt a school function or activity. Also, no school function or activity was taking place at the time and location of the fight. Unlike A.C. v. State, 479 So. 2d 297 (Fla. 3d DCA 1985), appellant did not pick a fight with students waiting to go home on the school bus; transportation of students to and from school is clearly part of the administration of an educational institution under section 877.13(1). See id. at 298.
We remand for the trial court to enter a new disposition order reflecting only the battery conviction.
KLEIN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
A.M.P. v. State, 927 So. 2d 97 (Fla. 5th DCA 2006)…enile acted “with the intention that his behavior impede the successful functioning” of the school or that he acted “with reckless disregard of the effect of his behavior”; court did not describe behavior on which charges were based); T.H. v. State, 797 So. 2d 1291 (Fla. 4th DCA 2001) (juvenile could not be convicted of knowingly disrupting functioning of educational institution, where motive for fight was jealousy over girl). A conviction also appears to require ongoing school activities of some kind. T.H., s…
-
T.T. v. State, 865 So. 2d 674 (Fla. 4th DCA 2004)…3, Fla. Stat. (2003). The statute is designed to prohibit acts that are “specifically and intentionally designed to stop or temporarily impede the progress of any normal school function or activity occurring on the school’s property.” T.H. v. State, 797 So. 2d 1291, 1292 (Fla. 4th DCA 2001) (quoting M.C. v. State, 695 So. 2d 477, 483 (Fla. 3d DCA 1997)) (holding that statute is not overbroad or unconstitutionally vague). This “is to ensure that the educational institutions and their administrators are free to…
-
T.J. v. State, 867 So. 2d 1238 (Fla. 5th DCA 2004)…roperty in this state. “The statute seeks to prohibit acts which are ‘specifically and intentionally designed to stop or temporarily impede the progress of any normal school function or activity occurring on the school’s property.’ ” T.H. v. State, 797 So. 2d 1291 (Fla. 4th DCA 2001) (quoting M.C. v. State, 695 So. 2d 477, 483 (Fla. 3d DCA 1997)). Here, T.J. was removed from his classroom for being disruptive and continued that behavior before the person assigned to assist him. Rogers testified that he tried…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- M.C. v. State, 695 So. 2d 477 (Fla. 3d DCA 1997)
- Wilkins v. State, 479 So. 2d 297 (Fla. 3d DCA 1985)