Opinion
No. 97-1728
July 20, 1998. Rehearing Denied August 24, 1998
An appeal from the County Court for Dixie County; Marshall M. Clements, Judge.
Robert A. Butterworth, Attorney General, Stephen R. White and Andrew J. Baumann, Assistant Attorneys General, Tallahassee, for Appellant.
Nancy A. Daniels, Public Defender, Raymond Dix, Assistant Public Defender, Tallahassee, for Appellee.
The state of Florida appeals an order of the county court declaring section 370.092, Florida Statutes (1995), subsections (1) through (6), unconstitutional on the basis of vagueness. We reverse, because the court failed to evaluate the issue in light of the facts. As we recently stated in Travis v. State, 700 So.2d 104, 106 (Fla. 1st DCA 1997), review denied, 707 So.2d 1128 (Fla. 1998), when considering a challenge of vagueness, "the court must begin by applying the enactment to the facts of the case at hand." We direct the court on remand to reconsider this issue pursuant to Travis.
REVERSED and REMANDED for further proceedings.
ERVIN and JOANOS, JJ., and SHIVERS, DOUGLASS B., Senior Judge, concur.