COBBLE STONE ELECTRIC, INC., A FLORIDA CORPORATION, RANGER INSURANCE COMPANY, A DELAWARE CORPORATION, AND AMWEST SURETY INSURANCE COMPANY, A CALIFORNIA CORPORATION, APPELLANTS,

v.

THE CITY OF PLANT CITY, APPELLEE

Citator

Cited By

• Fla. Dep't OF Child. & Families v. F.L., 880 So. 2d 602 (Fla. 2004)
  …ion, that the statute creates a presumption sufficient for termination but subject to rebuttal by a parent, has been endorsed in other appellate cases. See, e.g., T.P. v. Dep’t of Children & Families, 860 So. 2d 1084 (Fla. 5th DCA 2003); In re T.S., 855 So. 2d 679 (Fla. 2d DCA 2003). [*609] However, the constitutionality of such a rebuttable presumption in this context has been disputed. In C.W. v. Department of Children & Families, 814 So. 2d 488 (Fla. 1st DCA 2002), Judge Ervin wrote separately to express t…
• In the Interest of K.A. v. Dep't of Child. & Fam. Servs., 880 So. 2d 705 (Fla. 2d DCA 2004)
  …6 So. 2d 684 (Fla. 5th DCA 2002). The Fifth District considers this presumption constitutionally permissible, as long as the parent is provided an opportunity to rebut the presumption. See also C.D. v. Dep’t of Children & Family Servs. (In re T.S.), 855 So. 2d 679 (Fla. 2d DCA 2003) (reversing termination but noting that court agrees with conclusion in A.B. that section 39.806(1)(i) is facially constitutional). The Fourth District, however, has concluded that such a presumption is unconstitutional because it…
• T. P. v. Dep't of Child. & Families, 860 So. 2d 1084 (Fla. 5th DCA 2003)
  …806(l)(i) unconstitutional. The decision in F.L. directly conflicts with our decision in A.B. v. Department of Children & Families, 816 So. 2d 684 (Fla. 5th DCA 2002), and with the recent decision rendered by the Second District Court in In re T.S., 855 So. 2d 679 (Fla. 2d DCA 2003), which agreed with the conclusion of this court in A.B. that the statute is constitutional. F.L. may also conflict with the decision of the First District Court in C.W. v. Department of Children & Families, 814 So. 2d 488 (Fla. 1s…

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