Florida Public Employees Council 79 v. Department of Children & Families

District Court of Appeal of Florida

Florida Public Employees Council 79 v. Department of Children & Families

794 So. 2d 733, 2001 Fla. App. LEXIS 13139, 2001 WL 1098089

CourtDistrict Court of Appeal of Florida

DecidedSeptember 19, 2001

DocketNo. 1D00-4223

StatusPublished

This text of 794 So. 2d 733 (Florida Public Employees Council 79 v. Department of Children & Families) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Florida Public Employees Council 79 v. Department of Children & Families, 794 So. 2d 733, 2001 Fla. App. LEXIS 13139, 2001 WL 1098089 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

The appellants seek review of an order finding Chapter 435, Florida Statutes, facially constitutional. As the appellants committed their offenses prior to the effective date of the statute, they lack standing to raise this issue. See Ch. 95-228, § 64, at 2076, Laws of Fla. (“this act shall take effect October 1, 1995, and shall apply to offenses committed on or after that date”); see also Guest v. Department of Juvenile Justice, 786 So.2d 677 (Fla. 1st DCA 2001). Accordingly, we reverse and remand with directions for the trial court to dismiss with prejudice the appellants’ complaint as it relates to the facial constitutionality of Chapter 435.

REVERSED and REMANDED with directions.

MINER, LEWIS and POLSTON, JJ., concur.

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PER CURIAM.

The appellants seek review of an order finding Chapter 435, Florida Statutes, facially constitutional. As the appellants committed their offenses prior to the effective date of the statute, they lack standing to raise this issue. See Ch. 95-228, § 64, at 2076, Laws of Fla. (“this act shall take effect October 1, 1995, and shall apply to offenses committed on or after that date”); see also Guest v. Department of Juvenile Justice, 786 So.2d 677 (Fla. 1st DCA 2001). Accordingly, we reverse and remand with directions for the trial court to dismiss with prejudice the appellants’ complaint as it relates to the facial constitutionality of Chapter 435.

REVERSED and REMANDED with directions.

MINER, LEWIS and POLSTON, JJ., concur.

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794 So. 2d 733, 2001 Fla. App. LEXIS 13139, 2001 WL 1098089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-public-employees-council-79-v-department-of-children-families-fladistctapp-2001.

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