Smith v. Florida Dept. of Corrections

Full title: GLENN SMITH, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee

Court: District Court of Appeal of Florida, First District

Date published: May 21, 2004

875 So. 2d 683 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 1D03-2694.

Opinion filed May 21, 2004. Rehearing Denied June 29, 2004.

An appeal from the Circuit Court for Washington County, Honorable Glenn L. Hess, Judge.

Appellant, Pro se.

Charlie Crist, Attorney General; Sean F. Callaghan, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant appeals the trial court's denial of his complaint for declaratory judgment challenging the constitutionality of the term "disorderly conduct" contained in Fla. Admin. Code R. 33-601.314, § 9-17. We affirm the trial court's ruling because the term is not vague or overbroad. See Smith v. Fla. Dep't of Corr., 799 So.2d 319, 319 (Fla. 1st DCA 2001) (holding that the prohibition against fighting in Fla. Admin. Code R. 33-601.314, § 2-4 was not unconstitutionally vague or overbroad); D.L.B. v. State, 707 So.2d 844, 845 (Fla. 2d DCA 1998) (holding that statute prohibiting "affray" was not impermissibly vague because ordinary people could understand the meaning of "affray").

AFFIRMED.

BOOTH, POLSTON and HAWKES, JJ., concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED