Narrative Opinion Summary
The appellate court reversed the adjudication of delinquency against the appellant, finding section 39.061 of the Florida Statutes (Supp. 1990) unconstitutional. The court determined that the statute constituted an unlawful delegation of legislative authority to an administrative agency, aligning with its previous ruling in D.P. v. State, 597 So.2d 952 (Fla. 1st DCA 1992). The case is remanded to the lower court with instructions to discharge the appellant. Judges Smith, Barfield, and Allen concurred in the decision.
Legal Issues Addressed
Constitutionality of Statutes under Florida Lawsubscribe to see similar legal issues
Application: The appellate court found section 39.061 of the Florida Statutes unconstitutional due to unlawful delegation of legislative authority.
Reasoning: The appellate court reversed the adjudication of delinquency against the appellant, finding section 39.061 of the Florida Statutes (Supp. 1990) unconstitutional.
Remand with Instructionssubscribe to see similar legal issues
Application: The case was remanded to the lower court with specific instructions to discharge the appellant.
Reasoning: The case is remanded to the lower court with instructions to discharge the appellant.
Unlawful Delegation of Legislative Authoritysubscribe to see similar legal issues
Application: The court determined that the statute improperly delegated legislative authority to an administrative agency, consistent with prior case law.
Reasoning: The court determined that the statute constituted an unlawful delegation of legislative authority to an administrative agency, aligning with its previous ruling in D.P. v. State, 597 So.2d 952 (Fla. 1st DCA 1992).