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Hansbrough v. State

Supreme Court of Florida
Jul 12, 2001
791 So. 2d 1084 (Fla. 2001)

Opinion

No. SC00-1322

Opinion filed July 12, 2001.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance Fourth District — Case No. 4D99-0169 (Broward County)

Robert A. Ader and Elizabeth B. Hitt of the Law Offices of Robert Ader, Miami, Florida, for Petitioner Robert A. Butterworth, Attorney General, Michael J. Neimand, Assistant Attorney General, Bureau Chief, and Frank J. Ingrassia, Assistant Attorney General, Fort Lauderdale, Florida, for Respondent


We have for review Hansbrough v. State, 757 So.2d 1282 (Fla. 4th DCA 2000), wherein the Fourth District Court of Appeal certified the following questions as being of great public importance:

WHETHER SECTION 817.234(8), FLORIDA STATUTES, INCLUDES A REQUIREMENT OF SPECIFIC INTENT TO DEFRAUD THE INSURER.

and, if not

WHETHER THE STATUTE ADVANCES THE GOVERNMENTAL INTEREST IN PREVENTING INSURANCE FRAUD AND IS NOT MORE EXTENSIVE THAN IS NECESSARY TO SERVE THAT INTEREST.

Id. at 1283. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

These questions were both answered in the negative in our recent opinion in State v. Bradford, 26 Fla. L. Weekly S369 (Fla. May 31, 2001). Consistent with Bradford, the district court's decision is quashed and the case is remanded with directions that Hansbrough's conviction be reversed.

It is so ordered.

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


Summaries of

Hansbrough v. State

Supreme Court of Florida
Jul 12, 2001
791 So. 2d 1084 (Fla. 2001)
Case details for

Hansbrough v. State

Case Details

Full title:RANDOLPH HANSBROUGH, Petitioner, v. STATE OF FLORIDA, Respondent

Court:Supreme Court of Florida

Date published: Jul 12, 2001

Citations

791 So. 2d 1084 (Fla. 2001)