Pollock v. Department of Health & Rehabilitative Services

ON MOTION FOR REHEARING

COBB, Chief Judge.

The appellant, Mary Pollack, has moved for rehearing. In our original opinion herein, we found that the issue of the constitutionality of section 39.41(l)(f)(3)(b), Florida Statutes (1983),1 was not raised below; hence, we did not consider it. Upon further reflection and review of the record, we conclude the issue was properly preserved. In any event, the statute is fundamentally defective and unjust insofar as it permits the severance of a parent’s rights solely because of that parent’s failure to substantially comply with a performance agreement…