J.P. v. State

• Decision Date: 14 June 2001
• Docket Number: No. SC00-1445,SC00-1445
• Citation: 788 So.2d 953
• Parties: (Fla. 2001) J.P., a child, Petitioner, vs. STATE OF FLORIDA, Respondent.
• Court: Florida Supreme Court

Page 953

788 So.2d 953 (Fla. 2001)

J.P., a child, Petitioner, vs.STATE OF FLORIDA, Respondent.

No. SC00-1445.

Supreme Court of Florida.

June 14, 2001.

Application for Review of the Decision of the District Court of Appeal - Certified Great Public Importance Second District - Case No. 2D97-1736(Hillsborough County).

James Marion Moorman, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida, for Petitioner.

Robert A. Butterworth, Attorney General, and Michael J. Neimand, Fort Lauderdale, Florida, for Respondent.

James D. Palermo, City Attorney, and Jerry M. Gewirtz, Assistant City Attorney, Tampa, Florida, for City of Tampa, Amicus Curiae.

PER CURIAM.

We have for review J.P. v. State, 775 So. 2d 324(Fla. 2d DCA2000), in which the Second District Court of Appeal certified the following questions to be of great public importance:

WHAT LEVEL OF SCRUTINY MUST A COURT APPLY WHEN REVIEWING THE CONSTITUTIONALITY OF A JUVENILE CURFEW ORDINANCE?

WHETHER THE TAMPA JUVENILE CURFEW ORDINANCE IS CONSTITUTIONAL[.]

Id. at 325.We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution.

In T.M. v. State, 784 So.2d 442(Apr. 26, 2001), we answered the 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.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.