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779 So. 2d 391

Docket No. 2D97-2297.

RJH v. State

R.J.H., A Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 23, 2000.

District Court of Appeal of Florida · decided 2000-06-23

Cited by 2 later decisions — most recently June 2001

2 state decisions

Key passage — most relied on by later courts

“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!;.]”

quoted by 2 later decisions, including RJH v. State, 788 So. 2d 952 - R.J.H. v. State

Relies on Tenet Healthcare Corp. v. Hialeah-Miami Springs Medical Fund · J.P. v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2000-06-23

View the full empirical analysis of this case →

¶1James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Michael J. Neimand, Assistant Attorney General, Miami, for Appellee.

¶3James D. Palermo, City Attorney, and Jerry M. Gewirtz, Assistant City Attorney, Tampa, for the City of Tampa, Amicus Curiae.

¶4DAVIS, Judge.

¶5R.J.H. appeals the trial court's adjudication of delinquency for violating Tampa's juvenile curfew ordinance. See Tampa, Fla., Code § 14-26(c) (1996). We reject R.J.H.'s contention that the ordinance is unconstitutional and affirm under the authority of J.P. v. State,775 So.2d 324 (Fla. 2d DCA 2000), and State v. T.M.,761 So.2d 1140 (Fla. 2d DCA 2000).

¶6We again certify the following questions of great public importance:

WHAT LEVEL OF SCRUTINY MUST A COURT APPLY WHEN REVIEWING THE CONSTITUTIONALITY OF A JUVENILE CURFEW ORDNANCE?
WHETHER THE TAMPA JUVENILE CURFEW ORDINANCE IS CONSTITUTIONAL?

¶7Affirmed.

¶8CASANUEVA, J., concurs.

¶9NORTHCUTT, A.C.J., dissents with opinion.

¶10NORTHCUTT, J., dissenting.

¶11I respectfully dissent. See State v. T.M.,761 So.2d 1140 (Fla. 2d DCA 2000) (Northcutt, J., dissenting).

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