State v. Jenkins

ERVIN, Chief Judge.

The state appeals from the trial court’s dismissal of four counts of a criminal indictment charging Jenkins, Property Appraiser for Suwannee County, with official misconduct pursuant to Section 839.-25(l)(a), Florida Statutes, for failing to assess back taxes on various parcels of property in contravention of the duty imposed by Section 193.092, Florida Statutes, and Rule 12D-8.06, Florida Administrative Code. The trial court’s action was compelled by finding that section 839.25(l)(a) is facially unconstitutional. We agree and affirm.

Section 839.25 has been subjected to…