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RJH v. State

RJH v. State, 788 So. 2d 952 (Fla. 2001)
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Court
Supreme Court of Florida · State Highest Courts
Decided
June 14, 2001
Docket
No. SC00-1422
Judges
Per Curiam
Citations
788 So. 2d 9522001 WL 660860

Opinion — Per Curiam

788 So.2d 952 (2001)

R.J.H., a child, Petitioner,

v.

STATE of Florida, Respondent.

No. SC00-1422.

Supreme Court of Florida.

June 14, 2001.

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Petitioner.

Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, Fort Lauderdale, FL, for Respondent.

PER CURIAM.

We have for review R.J.H. v. State, 779 So.2d 391 (Fla. 2d DCA 2000), in which the Second District Court of Appeal certified the following questions to be of great public importance:

WHAT LEVEL OF SCRUTINY MUST A COURT APPLY WHEN REVIEWING THE CONSTITUTIONALITY OF A JUVENILE CURFEW ORDINANCE?

WHETHER THE TAMPA JUVENILE CURFEW ORDINANCE IS CONSTITUTIONAL[.]

Id. at 391 . We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution.

In T.M. v. State, 784 So.2d 442 (Fla. 2001), we answered the first certified question by holding that strict scrutiny applies to juvenile curfew ordinances. As in T.M., *953 we decline to answer the second certified question, quash the decision of the district court, and remand this case for further proceedings.

It is so ordered.

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

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Authorities cited 3

DepthCaseCited by
R.J.H. v. State, 779 So. 2d 391 (Fla. Dist. Ct. App. 2000) 3
T.M. v. State, 784 So. 2d 442 (Fla. 2001) 24
R.J.H. v. State, 788 So. 2d 952 (Fla. 2001) 3

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