E.L. v. State

I concur for the same reasons stated in my separate opinion in Wyche v. State, 619 So.2d 231 (Fla.1993) (Kogan, J., concurring). I especially note that the ordinance at issue here is far more overbroad than the ordinance at issue in Wyche. This ordinance creates an unconstitutional “status” offense by criminalizing the fact that a person previously has abused drugs or previously has been convicted of a drug-related offense. See State v. Potts, 526 So.2d 63 (Fla.1988). The absurdity of this situation is disclosed by the fact that, once people achieve this “criminal” status, they can be…