D.N.S. v. State

ON REMAND FROM THE SUPREME COURT OF FLORIDA

DAVIS, Judge.

D.N.S. appeals the trial court’s adjudication of delinquency for violating Tampa’s juvenile curfew ordinance. See Tampa, Fla.Code § 14 — 26(e) (1996). She argues that the ordinance is unconstitutional. This court previously rejected her argument and affirmed the trial court’s determination that the ordinance was constitutional. See D.N.S. v. State, 772 So.2d 17 (Fla. 2d DCA 2000), quashed, 788 So.2d 955 (Fla.2001). In affirming the trial court, this court applied the heightened scrutiny test. See State v. T.M., 761 So.2d 1140 (Fla. 2d…