Dependency Law Finder

1. B.H. v. State 622 So. 2d 615 · 5D92-1856 · 5th DCA 1993

   This opinion cites § 39.061 21 times, the section generally

   …with a restrictiveness level VI) on March 5, 1992. His argument on appeal is predicated upon the proposition that Florida's juvenile escape statute, section 39.061, Florida Statutes (Supp. 1990), enacted effective October 1, 1990, was held to be unconstitutional in D.P. v. State, 597 So.2d 952 (Fla. 1st DCA 1992).…

2. Pryor v. State SC2023-0593 · Florida Supreme Court 2025

   This opinion cites § 39.061 20 times, the section generally

   …it a second-degree felony for a prisoner to escape from “any prison, jail, road camp, or other penal institution.” But Pryor was convicted under section 39.061, Florida Statutes (Supp. 1994), 2 which makes it a third-degree felony to escape from 2. Section 39.061 has since been renumbered as section 985.721,…

3. B.H. v. State 622 So. 2d 615 · 1D92-1856 · 1st DCA 1993

   This opinion cites § 39.061 20 times, the section generally

   · cited by 40 in all courts

   …with a restrictiveness level VI) on March 5, 1992. His argument on appeal is predicated upon the proposition that Florida’s juvenile escape statute, section 39.061, Florida Statutes (Supp. 1990), enacted effective October 1, 1990, was held to be unconstitutional in D.P. v. State, 597 So.2d 952 (Fla. 1st DCA 1992).…

4. R.A.H. v. State 614 So. 2d 1189 · 1D92-2782 · 1st DCA 1993

   This opinion cites § 39.061 19 times, the section generally

   …to dismiss the escape charge. He argues that section 39.112, the statute on which the charge was based, was repealed effective October 1, 1990, when section 39.061, Florida Statutes (Supp. 1990), [3] became effective. Ch. 90-208, §§ 5 and 17, at 1094 and 1160, Laws of Fla. Thus, R.A.H. urges, section 39.112 was not in…

5. R.A.H. v. State 614 So. 2d 1189 · DCA92-2782 · District Court of Appeal 1993

   This opinion cites § 39.061 19 times, the section generally

   · cited by 30 in all courts

   …to dismiss the escape charge. He argues that section 39.112, the statute on which the charge was based, was repealed effective October 1, 1990, when section 39.061, Florida Statutes (Supp.1990), 3 became effective. Ch. 90-208, §§ 5 and 17, at 1094 and 1160, Laws of Fla. Thus, R.A.H. urges, section 39.112 was not in…

6. D.M.L. v. State 694 So. 2d 782 · DCA96-4515 · District Court of Appeal 1997

   This opinion cites § 39.061 15 times, the section generally

   · cited by 2 in all courts

   WEBSTER, Judge. Appellant seeks review of her adjudication as a delinquent child, and subsequent disposition, for violation of section 39.061, Florida Statutes (Supp.1996), which proscribes escapes from various juvenile facilities. She argues that the trial court should have dismissed the petition…

7. B.H. v. State 645 So. 2d 987 · SC82361 · Florida Supreme Court 1994

   This opinion cites § 39.061 11 times, the section generally

   · cited by 74 in all courts

   …jurisdiction. Art. V, § 3(b)(3), Fla. Const. Petitioner B.H., a child, was charged with escape from a juvenile commitment facility in violation of section 39.061, Florida Statutes (Supp. 1990). [1] B.H. pled nolo contendere, reserving the right to appeal the constitutionality of the statute. Subsequently, B.H. was…

8. A.A. v. State 605 So. 2d 106 · 1D92-315 · 1st DCA 1992

   This opinion cites § 39.061 9 times, the section generally

   …Atty. Gen., Tallahassee, for appellee. 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 sections 39.061 and 39.01(61), Florida Statutes (Supp. 1990), unconstitutional as an unlawful…

9. J.Y. v. State 635 So. 2d 34 · 1D92-1381 · 1st DCA 1993

   This opinion cites § 39.061 8 times, the section generally

   · cited by 1 in all courts

   …to a state agency unguided discretion to define what the restrietiveness levels are from which an unauthorized departure may constitute a crime. See § 39.061 and 39.01(61), Fla.Stat. (Supp.1990). This same statutory scheme was in effect when J.Y. escaped and was adjudicated. 4 Although not mentioned in Judge…

10. Interest of A.A. v. State 605 So. 2d 106 · DCA92-315 · District Court of Appeal 1992

    This opinion cites § 39.061 8 times, the section generally

    · cited by 4 in all courts

    …the doctrine of separation of powers, has no right to delegate such power to another branch of government. In applying the Chiles rule to section 39.061, I think that it cannot be said that the legislature has delegated to the executive branch of government a power which has been constitutionally delegated…

11. K.A.N. v. State 582 So. 2d 57 · 1D90-3539 · 1st DCA 1991

    This opinion cites § 39.061 8 times, the section generally

    …Tallahassee, for appellee. ZEHMER, Judge. K.A.N. appeals an adjudication of delinquency for escaping from a detention facility in violation of section 39.061, Florida Statutes (Supp. 1990). Raising two points on appeal, he contends (1) that the evidence was legally insufficient to sustain the finding of guilt under…

12. K.A.N. v. State 582 So. 2d 57 · DCA90-3539 · District Court of Appeal 1991

    This opinion cites § 39.061 8 times, the section generally

    · cited by 15 in all courts

    ZEHMER, Judge. K.A.N. appeals an adjudication of delinquency for escaping from a detention facility in violation of section 39.061, Florida Statutes (Supp.1990). Raising two points on appeal, he contends (1) that the evidence was legally insufficient to sustain the finding of guilt under…

13. S.W.M. v. State 647 So. 2d 313 · 2D92-03526 · 2nd DCA 1994

    This opinion cites § 39.061 6 times, the section generally

    …to the "old" escape statute section 39.112. Section 39.112, however, had been repealed effective October 1, 1990, when the "new" escape statute, section 39.061, Florida Statutes (Supp. 1990), became effective. The new escape statute, section 39.061, was found unconstitutional in D.P. v. State, 597 So.2d 952 …

14. S.W.M. v. State 647 So. 2d 313 · DCA92-03526 · District Court of Appeal 1994

    This opinion cites § 39.061 6 times, the section generally

    · cited by 2 in all courts

    …to the “old” escape statute section 39.112. Section 39.112, however, had been repealed effective October 1, 1990, when the “new” escape statute, section 39.061, Florida Statutes (Supp.1990), became effective. The new escape statute, section 39.061, was found unconstitutional in D.P. v. State, 597 So.2d 952 …

15. State v. Varela 636 So. 2d 559 · 5D93-2795 · 5th DCA 1994

    This opinion cites § 39.061 6 times, the section generally

    · cited by 2 in all courts

    …Daytona Beach, for appellee. *560 PETERSON, Judge. The question raised in this appeal by the state of Florida is whether a juvenile violates section 39.061, Florida Statutes (Supp. 1992) [1] by attempting to escape rather than by completing the escape. The trial court granted the juveniles' motion to dismiss,…

16. State v. A.S. 622 So. 2d 1127 · DCA92-4330 · District Court of Appeal 1993

    This opinion cites § 39.061 6 times, the section generally

    …and remand for further proceedings. In D.P. v. State, 597 So.2d 952 (Fla. 1st DCA1992), this Court declared the juvenile escape statute, section 39.061, Florida Statutes (Supp.1990), to be unconstitutional. The Court ruled that section 39.061 and section 39.01(61), Florida Statutes (Supp. 1990), defining the…

17. D.P. v. State 597 So. 2d 952 · 1D91-2030 · 1st DCA 1992

    This opinion cites § 39.061 6 times, the section generally

    …previous opinion and substitute the following therefor. Appellants D.P. and G.M. challenge their adjudications of delinquency for escape pursuant to Section 39.061, Florida Statutes (Supp. 1990). By order of the circuit court issued June 20, 1991, appellant D.P. was found to have violated Section 812.014(2)(c)4, Florida…

18. In the Interest of D.P. v. State 597 So. 2d 952 · DCA91-2030 · District Court of Appeal 1992

    This opinion cites § 39.061 6 times, the section generally

    · cited by 53 in all courts

    …previous opinion and substitute the following therefor. Appellants D.P. and G.M. challenge their adjudications of delinquency for escape pursuant to Section 39.061, Florida Statutes (Supp.1990). By order of the circuit court issued June 20, 1991, appellant D.P. was found to have violated Section 812.-014(2)(c)4, Florida…

19. B.M. v. State 625 So. 2d 956 · 5D92-1577 · 5th DCA 1993

    This opinion cites § 39.061 5 times, the section generally

    …of the law ..." At the time the three petitions for delinquency were filed — all in 1992 — section 39.112 had long since been repealed and replaced by section 39.061 (effective October 1, 1990). In B.H., this court held section 39.061 was constitutional for those juveniles who had been committed to a restrictiveness…

20. B.M. v. State 625 So. 2d 956 · DCA92-1577 · District Court of Appeal 1993

    This opinion cites § 39.061 5 times, the section generally

    · cited by 6 in all courts

    …of the law ...” At the time the three petitions for delinquency were filed— all in 1992 — section 39.112 had long since been repealed and replaced by section 39.061 (effective October 1, 1990). In B.H., this court held section 39.061 was constitutional for those juveniles who had been committed to a restrictiveness…

21. T.L.B. v. State 626 So. 2d 1120 · DCA92-2568 · District Court of Appeal 1993

    This opinion cites § 39.061 4 times, the section generally

    · cited by 1 in all courts

    …the reasons set out in my dissent in B.H. v. State, 622 So.2d 615 (Fla. 5th DCA 1993). In my view, section 39.112 was effectively repealed by section 39.061 on October 1, 1990. In this case, T.L.B. was charged and convicted of escape pursuant to section 39.112 which is a nonexistent criminal statute. Accordingly,…

22. State v. Davis 619 So. 2d 517 · 4D92-1861 · 4th DCA 1993

    This opinion cites § 39.061 4 times, the section generally

    · cited by 8 in all courts

    …Palm Beach, for appellee. PER CURIAM. We affirm an order dismissing escape charges against Chauncey Davis on the grounds that the provision of section 39.061, Florida Statutes (Supp. 1990), governing juvenile escape, constitutes an unconstitutional delegation of legislative authority. See D.P. v. State, 597…

23. Avatar Development Corp. v. State 723 So. 2d 199 · SC91-2 · Florida Supreme Court 1998

    This opinion cites § 39.061 3 times, the section generally

    · cited by 13 in all courts

    …policy concerns. B.H. v. STATE As noted above, Avatar relies primarily upon the holding in B.H. v. State . In B.H., at issue was whether section 39.061, Florida Statutes (Supp.1990), unconstitutionally delegated to the Department of Health and Rehabilitative Services (HRS) the power to define the elements of…

24. D.F. v. State 623 So. 2d 867 · 5D92-2199 · 5th DCA 1993

    This opinion cites § 39.061 3 times, the section generally

    …opinion. W. SHARP, Judge, dissenting. I respectfully dissent. Pursuant to the majority in B.H. v. State, 622 So.2d 615 (Fla. 5th DCA 1993), section 39.061 is constitutional as applied to D.F. in this case because D.F. was committed to a juvenile facility after October 1, 1990 when the juvenile judge set the…

25. D.F. v. State 623 So. 2d 867 · DCA92-2199 · District Court of Appeal 1993

    This opinion cites § 39.061 3 times, the section generally

    · cited by 5 in all courts

    …opinion. W. SHARP, Judge, dissenting. I respectfully dissent. Pursuant to the majority in B.H. v. State, 622 So.2d 615 (Fla. 5th DCA 1993), section 39.061 is constitutional as applied to D.F. in this case because D.F. was committed to a juvenile facility after October 1,1990 when the juvenile judge set the…

26. Interest of C.E. v. State 605 So. 2d 109 · DCA92-902 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    … 605 So.2d 106 (Fla. 1st DCA 1992). 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 sections 39.061 and 39.-01(61), Florida Statutes (Supp.1990), unconstitutional as an unlawful…

27. Interest of J.C. v. State 605 So. 2d 110 · DCA92-1017 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    · cited by 1 in all courts

    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 sections 39.061 and 39.-01(61), Florida Statutes (Supp.1990), unconstitutional as an unlawful…

28. In the Interest of S.H. v. State 598 So. 2d 330 · DCA91-4012 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

29. In the Interest of J.S. v. State 598 So. 2d 331 · DCA91-3924 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

30. In the Interest of D.W. v. State 599 So. 2d 736 · DCA92-254 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

31. In the Interest of D.G. v. State 599 So. 2d 736 · DCA92-255 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

32. In the Interest of S.H. v. State 598 So. 2d 320 · DCA91-3569 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    · cited by 1 in all courts

    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…

33. In the Interest of C.R.N. v. State 598 So. 2d 321 · DCA91-3642 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

34. In the Interest of V.W. v. State 598 So. 2d 321 · DCA91-3740 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

35. In the Interest of M.W.S. v. State 598 So. 2d 322 · DCA91-3930 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

36. In the Interest of A.K. v. State 598 So. 2d 322 · DCA92-169 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

37. In the Interest of A.U. v. State 598 So. 2d 323 · DCA92-463 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

38. In the Interest of C.R. v. State 599 So. 2d 248 · DCA91-4010 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

39. In the Interest of D.D. v. State 597 So. 2d 956 · DCA91-4011 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

40. In the Interest of J.F. v. State 597 So. 2d 956 · DCA91-3925 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    PER CURIAM. The sole issue on appeal in this case is appellants’ 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…

41. In the Interest of T.W. v. State 597 So. 2d 957 · DCA91-3698 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    · cited by 1 in all courts

    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…

42. In the Interest of M.R. v. State 598 So. 2d 306 · DCA91-3570 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

43. In the Interest of J.G. v. State 600 So. 2d 1144 · DCA91-3380 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    · cited by 2 in all courts

    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…

44. In the Interest of J.R. v. State 597 So. 2d 947 · DCA91-3386 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

45. In the Interest of A.P. v. State 597 So. 2d 948 · DCA91-3567 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    · cited by 2 in all courts

    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…

46. In the Interest of J.S. v. State 597 So. 2d 948 · DCA91-3568 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

47. In the Interest of E.W. v. State 597 So. 2d 949 · DCA91-3384 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

48. In the Interest of W.W. v. State 597 So. 2d 949 · DCA91-3385 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

49. In the Interest of M.M. v. State 597 So. 2d 951 · DCA91-3379 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    · cited by 2 in all courts

    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…

50. In the Interest of D.H. v. State 597 So. 2d 951 · DCA91-3381 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

51. In the Interest of B.H. v. State 597 So. 2d 952 · DCA91-3383 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

52. In the Interest of S.M. v. State 597 So. 2d 950 · DCA91-3382 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    · cited by 2 in all courts

    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…

53. In the Interest of M.C. v. State 595 So. 2d 1110 · DCA91-3262 · District Court of Appeal 1992

    This opinion cites § 39.061 3 times, the section generally

    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…

54. Williams v. State 707 So. 2d 683 · SC88745 · Florida Supreme Court 1998

    This opinion cites § 39.061 2 times, the section generally

    · cited by 27 in all courts

    …aggravator is logically supported by reasoning that a person cannot escape unless that person is imprisoned. The State begins its analysis with section 39.061, Florida Statutes (1995). The State reasons that because section 39.061, Florida Statutes (1995), makes escape from a secure juvenile detention facility or…

55. State v. Avatar Development Corp. 697 So. 2d 561 · 4D96-1639 · 4th DCA 1997

    This opinion cites § 39.061 2 times, the section generally

    · cited by 2 in all courts

    …that Sections 403.161(1)(b) and 403.161(5) were unconstitutional under Article II, Section 3. In B.H., the supreme court considered the validity of Section 39.061, Florida Statutes (Supp.1990). Id. Section 39.061 provided that an escape by a juvenile from a secure detention facility or a residential commitment…

56. J.C.C. v. State 694 So. 2d 784 · DCA96-4285 · District Court of Appeal 1997

    This opinion cites § 39.061 2 times, the section generally

    · cited by 1 in all courts

    MICKLE, Judge. Appellants challenge their adjudications of delinquency and commitment for violation of section 39.061, Florida Statutes (1995), which proscribes escapes from various juvenile facilities. The following two issues are raised on appeal: (1) whether the trial…

57. S.V.E. v. State 689 So. 2d 1283 · DCA96-2862 · District Court of Appeal 1997

    This opinion cites § 39.061 2 times, the section generally

    · cited by 1 in all courts

    … The child, S.V.E., appeals from a final order adjudicating him delinquent for escaping from a residential commitment facility, in violation of section 39.061, Florida Statutes (1995). We affirm. The child was originally committed to a special intensive group program, a minimum-risk, nonresidential commitment…

58. R.Y. v. State 597 So. 2d 950 · DCA91-3017 · District Court of Appeal 1992

    This opinion cites § 39.061 2 times, the section generally

    … R.Y., a minor child, appeals a final order adjudicating him delinquent for the offense of attempted escape from a juvenile detention facility under section 39.061, Florida Statutes (Supp.1990). R.Y. challenges his delinquency adjudication on grounds that section 39.061 violates the separation of powers clause of the…

59. C.L.S. v. State 586 So. 2d 1173 · 1D90-3532 · 1st DCA 1991

    This opinion cites § 39.061 2 times, the section generally

    …adjudicatory hearing convened before Judge Pate on October 24, 1990, the state orally amended the petition to charge the juveniles with escape pursuant to § 39.061, Florida Statutes (Supp. 1990), which replaced § 39.112, and became effective October 1, 1990. The substantive issues raised in this appeal go to the…

60. Interest of C.L.S. v. State 586 So. 2d 1173 · 2D90-3532 · 2nd DCA 1991

    This opinion cites § 39.061 2 times, the section generally

    · cited by 9 in all courts

    …adjudicatory hearing convened before Judge Pate on October 24, 1990, the state orally amended the petition to charge the juveniles with escape pursuant to § 39.061, Florida Statutes (Supp. 1990), which replaced § 39.112, and became effective October 1, 1990. The substantive issues raised in this appeal go to the…

61. Henderson v. State 720 So. 2d 1121 · 4D97-2899 · 4th DCA 1998

    This opinion cites § 39.061 1 time, the section generally

    · cited by 11 in all courts

    … [1] Regarding the offense of an escape from a detention center, in B.H. v. State, 645 So.2d 987, 996 (Fla.1994), our supreme court found section 39.061, Florida Statutes (Supp.1990) unconstitutional and determined that there was an automatic revival of its predecessor statute, section 39.112 (1989).

62. Norris v. State 659 So. 2d 1352 · 5D94-2931 · 5th DCA 1995

    This opinion cites § 39.061 1 time, the section generally

    · cited by 9 in all courts

    …to withdraw his plea. See Wood v. State, 655 So.2d 1155, 1156 (Fla. 5th DCA 1995). NOTES [1] §§ 784.03, 784.07(2), Fla. Stat. (1993). [2] § 39.061, Fla. Stat. (1993). [3] Rule 3.702 was adopted "to implement the 1994 revised sentencing guidelines in strict accordance with chapter 921, Florida…

63. In the Interest of C.D. v. State 624 So. 2d 867 · DCA93-680 · District Court of Appeal 1993

    This opinion cites § 39.061 1 time, the section generally

    …charge. We reverse. *868 In D.P. v. State, 597 So.2d 952 (Fla. 1st DCA1992), this court held unconstitutional and invalid that portion of section 39.061, Florida Statutes, pertaining to escape from residential commitment facilities. Thereafter, in R.A.H. v. State, 614 So.2d 1189 (Fla. 1st DCA1993), the…

64. in Interest of O.P. v. State 623 So. 2d 849 · DCA93-636 · District Court of Appeal 1993

    This opinion cites § 39.061 1 time, the section generally

    …escape charge. We reverse. In D.P. v. State, 597 So.2d 952 (Fla. 1st DCA 1992), this court held unconstitutional and invalid that portion of section 39.061, Florida Statutes, pertaining to escape from residential commitment facilities. Thereafter, in R.A.H. v. State, 614 So.2d 1189 (Fla. 1st DCA 1993), the…

65. D.J.S. v. State 617 So. 2d 416 · DCA92-3365 · District Court of Appeal 1993

    This opinion cites § 39.061 1 time, the section generally

    PER CURIAM. The constitutional invalidation of that part of section 39.061, Florida Statutes (Supp.1990), relating to escape from a juvenile residential commitment facility, does not revive the corresponding part of section 39.112,…

66. Trueblood v. State 610 So. 2d 12 · DCA92-1527 · District Court of Appeal 1992

    This opinion cites § 39.061 1 time, the section generally

    · cited by 3 in all courts

    …in that it exceeds the statutory maximum term of 5 years for the third-degree felony of escape from a juvenile detention facility, contrary to section 39.061, Florida Statutes. In Danzy , the juvenile appellant received a 6-year sentence after pleading nolo conten-dere to an identical charge of “escape from a…

67. G.A.B. v. State 604 So. 2d 1252 · DCA92-1382 · District Court of Appeal 1992

    This opinion cites § 39.061 1 time, the section generally

    PER CURIAM. The sole issue in this appeal is appellant’s challenge to the constitutionality of section 39.061, Florida Statutes, as an unconstitutional delegation of legislative authority to an administrative agency. The state has filed an answer brief and admits that…

68. K.K.P. v. State 590 So. 2d 44 · DCA91-01924 · District Court of Appeal 1991

    This opinion cites § 39.061 1 time, the section generally

    · cited by 1 in all courts

    PER CURIAM. K.K.P., a child, challenges an adjudication of delinquency for escaping from a juvenile detention facility in violation of section 39.061, Florida Statutes (Supp. 1990). We reverse. In L.V.M. v. State, 584 So.2d 225 (Fla. 1st DCA 1991), our sister court considered the same factual…

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No admin code rule cites § 39.061.

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