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Supreme Court of Florida, 1980

State v. Kelly

State v. Kelly
Supreme Court of Florida · Decided April 24, 1980 · Adkins, Alderman, Boyd, England, McDonald, Overton, Sundberg
383 So. 2d 227; 1980 Fla. LEXIS 4214 (Southern Reporter, Second Series)

State v. Kelly

Opinion of the Court

OVERTON, Justice.

These consolidated cases are from county court orders declaring sections 322.261 and 322.262, Florida Statutes (1977), unconstitutional as an unlawful delegation of legislative authority to the Department of Highway Safety and Motor Vehicles and the Department of Health and Rehabilitative Services. We reverse and remand for trial for the reasons expressed in State v. Bender, 382 So.2d 697 (Fla. 1980).

It is so ordered.

*228ENGLAND, C. J., and ADKINS, BOYD, SUNDBERG, ALDERMAN and MCDONALD, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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