Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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In the Interest of J.R. v. State597 So. 2d 947 (Fla. Dist. Ct. App. 1992) · DCA91-3386

Court
District Court of Appeal
Decided
1992-04-30
Law cited
§ 39.061
On CourtListener
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 *948matter is remanded to the lower tribunal with instructions to discharge appellant..

SHIVERS, KAHN and WEBSTER, JJ„ concur.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.