Legal Opinion

Robinson v. Stewart

District Court of Appeal of Florida

Decided January 23, 2015No. 1D13-3583Published

1Opinion of the CourtThomas, J.

This ease involves the appeal of an unsuccessful constitutional challenge brought by Appellants seeking a declaration that the “Student Success Act” passed *591by the 2011 Legislature1 violates Article II, section 3, of the Florida Constitution by invalidly delegating legislative powers to the Executive Branch. Appellants carry a heavy burden of persuasion:

Although the Court’s review [of a claim that a statute is unconstitutional] is de novo, statutes come clothed with a presumption of constitutionality and must be construed whenever possible to effect a constitutional outcome. As this Court has…

2Cases cited8 opinions

  1. Askew v. Cross Key WaterwaysSupreme Court of Florida · 1978
  2. Florida Dept. of State v. MartinSupreme Court of Florida · 2005
  3. Franklin v. StateSupreme Court of Florida · 2004
  4. Crist v. FL. ASS'N OF CRIM. DEFENSE LAWYERSSupreme Court of Florida · 2008
  5. Avatar Development Corp. v. StateSupreme Court of Florida · 1998

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