Florida District Courts of Appeal, 1992

In the Interest of A.P. v. State

Florida District Courts of Appeal · Decided April 30, 1992 · Kahn, Shivers, Webster

597 So. 2d 948; 1992 Fla. App. LEXIS 5159; 1992 WL 85095 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

AA v. State (Fla. Dist. Ct. App. 1992)
Interest of A.A. v. State (Fla. Dist. Ct. App. 1992)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

SHIVERS, KAHN and WEBSTER, JJ., concur.

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