# Interest of A.A. v. State

> District Court of Appeal of Florida · August 13, 1992 · 605 So. 2d 106

URL: https://www.frixlaw.com/law-library/cases/7603544

## Case

- **Full name:** In the Interest of A.A., a child v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** August 13, 1992
- **Citations:** 605 So. 2d 106; 1992 Fla. App. LEXIS 8918
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Ervin, Joanos, Kahn
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7603544

## Opinion text

PER CURIAM.
The sole issue on appeal in this case is appellant's challenge to the constitutionality of section 39.061, Florida Statutes (Supp. 1990). We reverse.
We recently held sections 39.061 and 39.-01(61), Florida Statutes (Supp.1990), unconstitutional as an unlawful delegation of legislative authority to an administrative agency. D.P. v. State, 597 So.2d 952 (Fla. 1st DCA 1992). Appellant has challenged section 39.061 on the same grounds that were raised in D.P. We agree that the statute is unconstitutional for the reasons expressed in D.P.
Accordingly, appellant’s adjudication of delinquency is hereby reversed and this matter is remanded to the lower tribunal with instructions to discharge appellant.
JOANOS, C.J., and KAHN, J., concur.
ERVIN, J., specially concurs with opinion.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7603544. Public record. Not legal advice.