holding that statutory revival is an appropriate remedy where the Legislature approves unconstitutional statutory language and simultaneously repeals its predecessor
How later courts described this case
- holding that statutory revival is an appropriate remedy where the Legislature approves unconstitutional statutory language and simultaneously repeals its predecessor
- stating the statute challenged there involved a portion of an enactment that was merely voidable for violation of the nondelegation and vagueness doctrines
- “Florida law has long held that, when the legislature approves unconstitutional statutory language and simultaneously repeals its predecessor, then the judicial act of striking the new statutory language automatically revives the predecessor unless it, too, would be unconstitutional.”
- ‘‘when the legisla- ture approves unconstitutional statutory language and simultaneously repeals its predecessor, then the judicial act of striking the new statutory language automatically revives the predecessor unless it, too, would be uncon- stitutional’’
Written by the judges who cited it.
The opinion
MeDONALD, Senior Justice,
concurring in result only.
I fully concur in that part of the opinion that revives the prior juvenile escape statute in the event that section 39.061, Florida Statutes (Supp.1990), is unconstitutional. I disagree with that portion of the majority opinion that holds the aforementioned statute unconstitutional. I would approve the decision under review and thus concur in result only.
OVERTON, J., concurs.