C.E. v. State, 92-902

• Decision Date: 13 August 1992
• Docket Number: No. 92-902,92-902
• Citation: 605 So.2d 109
• Parties: 17 Fla. L. Week. D1918 In the Interest of C.E., a child, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 109

605 So.2d 109

17 Fla. L. Week. D1918

In the Interest of C.E., a child, Appellant, v. STATE of Florida, Appellee.

No. 92-902.

District Court of Appeal of Florida,

First

District.

Aug. 13, 1992.

An Appeal from the Circuit Court for Leon County; John Crusoe, Judge.

Nancy A. Daniels, Public Defender, and Paula S. Saunders, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Gypsy Bailey, Asst. 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 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.

JOANOS, C.J., and KAHN, J., concur.

ERVIN, J., specially concurs with opinion.

ERVIN, Judge, specially concurring.

I concur for the reasons expressed in my special concurrence in In the Interest of A.A., 605 So.2d 106 (Fla. 1st DCA 1992).