D.N.S. v. State
D.N.S. v. State
788 So. 2d 955; 26 Fla. L. Weekly Supp. 413; 2001 Fla. LEXIS 1176
(Southern Reporter, Second Series)
D.N.S. v. State
Opinion of the Court
We have for review D.N.S. v. State, 772 So.2d 17 (Fla. 2d DCA 2000), in which the Second District Court of Appeal certified the following questions to be of great public importance:
AT WHAT LEVEL OF SCRUTINY MUST A COURT EXAMINE THE CONSTITUTIONALITY OF A JUVENILE CURFEW ORDINANCE?
IS THE TAMPA JUVENILE CURFEW ORDINANCE CONSTITUTIONAL?
Id. at 17. We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution.
In T.M. v. State, 784 So.2d 442 (Fla. 2001), we answered a question similar to the instant first certified question by holding that strict scrutiny applies to juvenile curfew ordinances. As in T.M., we decline to answer the second certified question, quash the decision of the district court, and remand this case for further proceedings.
It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.