JA v. State, 2D97-1551.

Citation779 So.2d 390
Decision Date23 June 2000
Docket NumberNo. 2D97-1551.,2D97-1551.
PartiesJ.A., a child, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Terri L. Backhus, Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Michael J. Neimand, Assistant Attorney General, Ft. Lauderdale, for Appellee.

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

PER CURIAM.

J.A. appeals the trial court's adjudications of delinquency for grand theft and for violating Tampa's juvenile curfew ordinance. See Tampa, Fla., Code § 14-26(c) (1996). We affirm the adjudication of delinquency for grand theft without discussion. We reject J.A.'s contention that the ordinance is unconstitutional and affirm under the authority of J.P. v. State, 775 So.2d 324 (Fla. 2d DCA 2000), and State v. T.M., 761 So.2d 1140 (Fla. 2d DCA 2000).

We again certify the following questions of great public importance:

WHAT LEVEL OF SCRUTINY MUST A COURT APPLY WHEN REVIEWING THE CONSTITUTIONALITY OF
A JUVENILE CURFEW ORDNANCE?
WHETHER THE TAMPA JUVENILE CURFEW ORDINANCE IS CONSTITUTIONAL?

Affirmed.

ALTENBERND, A.C.J., and CASANUEVA and DAVIS, JJ., Concur.

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3 cases
  • JA v. State, 2D97-1551.
    • United States
    • Florida District Court of Appeals
    • August 16, 2002
    ...previously rejected his argument and affirmed the trial court's determination that the ordinance was constitutional. See J.A. v. State, 779 So.2d 390 (Fla. 2d DCA 2000), quashed 788 So.2d 953 (Fla.2001). In affirming the trial court, this court applied the heightened scrutiny test. See Stat......
  • JA v. State
    • United States
    • Florida Supreme Court
    • June 14, 2001
    ...Jerry M. Gewirtz, Assistant City Attorney, Tampa, FL, for City of Tampa, Amicus Curiae. PER CURIAM. We have for review J.A. v. State, 779 So.2d 390 (Fla. 2d DCA 2000), in which the Second District Court of Appeal certified the following questions to be of great public WHAT LEVEL OF SCRUTINY......
  • Williams v. State, 2D98-3654.
    • United States
    • Florida District Court of Appeals
    • June 23, 2000

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