ROBERT F. SUMMERALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT F. SUMMERALL, APPELLANT,
STATE OF FLORIDA, APPELLEE
880 So. 2d 714
Florida District Court of Appeal, Second District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
DAVIS, Judge.
Robert F. Summerall challenges his designation as a sexual predator under the Florida Sexual Predators Act (“the Act”), section 775.21, Florida Statutes (2003). He argues that the Act is unconstitutional as a violation of procedural due process. We affirm. See Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA), review granted, 859 So. 2d 514 (Fla.2003). In so doing, we certify conflict with the Third District’s opinion in Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003).
Affirmed; conflict certified.
NORTHCUTT and VILLANTI, JJ., concur.
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M.H. and A.H. v. Dep't of Child. & Fam. Servs., 977 So. 2d 755 (Fla. 2d DCA 2008)…section 120.68(7)(d) allows a reviewing court to “set aside an agency decision when the agency has ‘erroneously interpreted a provision of law and a correct interpretation compels a particular action.’ ” Manuel v. Dep’t of Children & Family Servs., 880 So. 2d 714, 716 (Fla. 2d DCA 2004). It follows that an appellate court reviews the agency’s conclusions of law'de novo. Wise, 930 So. 2d at 871 (citing Steward v. Dep’t of Children & Families, 865 So. 2d 528, 530 (Fla. 1st DCA 2003)). III. THE STANDARD OF PRO…
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Laura's Learning & Enrichment Ctr. v. Dept. of Child. & Families (Fla. 2d DCA 2022)…nd convincing standard below. And so, we decline to reach this issue. This case involves an interpretation of a statute by the Department, the correct interpretation of which compels particular action. See Manuel v. Dep't of Child. & Fam. Servs., 880 So. 2d 714, 716 (Fla. 2d DCA 2004); § 120.68(7)(d), Fla. Stat. (2019). Accordingly, we review the Department's conclusions of law de novo. M.H. v. Dep't of Child. & Fam. Servs., 977 So. 2d 755, 759 (Fla. 2d DCA 2008). We do not give any deference to the Depa…
Authorities Cited
- Ferman Carlos Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003)
- Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA 2003)