WATROUS v. STATE

No. 2D21-1065.

325 So.3d 1017 (2021)

David Joseph WATROUS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 11, 2021.


Attorney(s) appearing for the Case

Kathleen A. Smith , Public Defender, and Bill Burchfield , Assistant Public Defender, Fort Myers, for Appellant.

Monica M. Kovecses and Carrie Ann Wozniak , of Akerman, LLP, Orlando, and Diane G. DeWolf of Akerman, LLP, Tallahassee (substituted for Carrie Ann Wozniak as counsel of record), for Amici Curiae, Southern Legal Counsel, American Civil Liberties Union of Florida, and Florida Rural Legal Services.

Ashley Moody , Attorney General, Tallahassee, and Chelsea N. Simms , Assistant Attorney General, Tampa, for Appellee.


David Watrous appeals the constitutionality of his conviction for violating Fort Myers's panhandling ordinance. While Mr. Watrous's case could present a panoply of problems, the State concedes to all the potential issues before us—the type of speech, the forum, and the kind of regulation. As a result, this case turns on whether...

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