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Florida Pub. v. Dept. of Child

District Court of Appeal of Florida, First District
Sep 19, 2001
794 So. 2d 733 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 1D00-4223.

Opinion filed September 19, 2001.

An appeal from an order of the Circuit Court for Leon County. L. Ralph Smith, Judge.

Ben R. Patterson of Patterson Traynham, Tallahassee, for Appellant.

Cindy Horne, Assistant General Counsel; Michael Mattimore of Allen, Norton Blue, P.A., Tallahassee, for Appellee.


The appellants seek review of an order finding Chapter 435, Florida Statutes, facially constitutional. As the appellants committed their offenses prior to the effective date of the statute, they lack standing to raise this issue. See Ch. 95-228, § 64, at 2076, Laws of Fla. ("this act shall take effect October 1, 1995, and shall apply to offenses committed on or after that date"); see also Guest v. Department of Juvenile Justice, 786 So.2d 677 (Fla. 1st DCA 2001). Accordingly, we reverse and remand with directions for the trial court to dismiss with prejudice the appellants' complaint as it relates to the facial constitutionality of Chapter 435.

REVERSED and REMANDED with directions.

MINER, LEWIS and POLSTON, JJ., CONCUR.


Summaries of

Florida Pub. v. Dept. of Child

District Court of Appeal of Florida, First District
Sep 19, 2001
794 So. 2d 733 (Fla. Dist. Ct. App. 2001)
Case details for

Florida Pub. v. Dept. of Child

Case Details

Full title:FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFSCME; CHARLES LEVERSON; GERARD…

Court:District Court of Appeal of Florida, First District

Date published: Sep 19, 2001

Citations

794 So. 2d 733 (Fla. Dist. Ct. App. 2001)