Summary
holding when a statutory amendment is declared unconstitutional, statutes as they existed before amendment become effective by operation of law
Summary of this case from State v. FountainOpinion
Case No. 2D02-5492.
Opinion filed April 25, 2003.
Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; James M. Barton, II, Judge.
Donna P. Levine of Law Office of Donna P. Levine, West Palm Beach, for Petitioner.
Enoch J. Whitney, General Counsel, Tallahassee, and Heather Rose Cramer, Assistant General Counsel, Lake Worth, for Respondent.
The petition for writ of certiorari is granted. See Fla. Dep't of Highway Safety Motor Vehicles v. Critchfield, 28 Fla. L. Weekly S225 (Fla. Mar. 13, 2003); see also Allstate Ins. Co. v. Kaklamanos, 28 Fla. L. Weekly S287 (Fla. Apr. 3, 2003) (holding clearly established law can derive from recent controlling case law). On remand, the circuit court must determine whether the validly enacted laws in effect prior to the enactment of chapter 98-223, Laws of Florida, would provide Mr. Jackson relief from the administrative order of the Department of Highway Safety and Motor Vehicles. See Henderson v. Antonacci, 62 So.2d 5 (Fla. 1952) (holding that when amendment to statutes is declared unconstitutional, statutes as they existed before amendments become effective by operation of law).
Petition for writ of certiorari granted.
ALTENBERND, C.J., and NORTHCUTT and STRINGER, JJ., Concur.