County of Pasco v. Riehl

We have on appeal a decision of the Second District Court of Appeal that expressly declares a state statute unconstitutional. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

In County of Pasco v. Riehl, 620 So.2d 229 (Fla. 2d DCA 1993), the district court affirmed an order permanently enjoining the County of Pasco from enforcing a dangerous dog classification pursuant to section 767.12, Florida Statutes (1991). The court found that a pre-deprivation hearing had to take place before a dog could be declared dangerous under the statute and because section 767.12 did not provide for such a…