Anderson v. State

87 So. 3d 774, 37 Fla. L. Weekly Supp. 227, 2012 Fla. LEXIS 553, 2012 WL 851040
CourtSupreme Court of Florida
DecidedMarch 15, 2012
DocketNo. SC11-3
StatusPublished
Cited by20 cases

This text of 87 So. 3d 774 (Anderson v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. State, 87 So. 3d 774, 37 Fla. L. Weekly Supp. 227, 2012 Fla. LEXIS 553, 2012 WL 851040 (Fla. 2012).

Opinion

LEWIS, J.

Candie Marie Anderson seeks review of the decision of the Fifth District Court of Appeal in Anderson v. State, 48 So.3d 1015 (Fla. 5th DCA 2010), on the basis that it expressly and directly conflicts with the decisions of Brown v. State, 764 So.2d 741 (Fla. 4th DCA 2000), and Haygood v. State, 17 So.3d 894 (Fla. 1st DCA 2009), on a question of law. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

Facts

Candie Anderson entered a no contest plea to the charges of burglary of a dwelling, grand theft, and falsification of ownership to a pawnbroker. The trial court adjudicated her guilty of all three counts and sentenced her to five years imprisonment. However, the court suspended her sentence on the condition that she complete two years of community control followed by probation. The trial court also ordered her to pay monetary restitution to the victims of her crimes.

Before a meeting between Anderson and her probation officer, an arrest warrant had been issued for Anderson based on an alleged violation of her probation resulting from a failure to pay restitution. Due to Anderson’s failure to pay restitution, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) had also suspended her driver’s license. One of the victims of Anderson’s crimes informed the probation officer she had seen Anderson driving while her license was suspended. Based on this tip, the probation officer checked the driving record of Anderson and confirmed Anderson’s license suspension.

Upon Anderson’s arrival at the meeting, the probation officer arrested her for violation of her probation due to her failure to [776]*776pay restitution. As the probation officer patted down Anderson, she discovered that Anderson had possession of automobile keys. Anderson admitted to the probation officer that the keys belonged to her and that she had driven a vehicle to the meeting. At the time Anderson drove the vehicle to the meeting, she allegedly did not have actual knowledge that her license was suspended, and she contended that she had not received a written notice of the suspension. She was charged with driving with a suspended license pursuant to section 322.34, Florida Statutes (2011). After her arrest, Anderson paid the required restitution, and the DHSMV reinstated her license. However, Anderson still faced a charge of violation of probation based upon the charge of driving with a suspended license.

During Anderson’s violation of probation hearing, defense counsel contended that the trial court should not find a violation of probation because the State had failed to satisfy the requirements of section 322.34(2), as it had not proven that Anderson had actual knowledge of her suspended license before she drove to the meeting with her probation officer. The driving record of Anderson indicated that the DHSMV mailed a written notice of the license suspension to the address on file for Anderson. The mailing was confirmed when the State entered the driving record of Anderson into evidence, which reflected that the DHSMV sent notice that was in compliance with section 322.251(1), Florida Statutes (2011).

Anderson testified that the address to which the DHSMV mailed the notice of suspension was her place of residence at the time of the license suspension and the DHSMV’s mailing. Defense counsel, however, contended that the fact that the DHSMV had mailed a written notice to Anderson’s address could not sustain a finding of actual knowledge of suspension and, therefore, did not support a finding of a violation of probation for driving with a suspended license. The trial court, however, found that the mailing was sufficient to place Anderson on notice of her suspended license. Therefore, the court held that she violated her probation, and it reinstated her original sentence that had been suspended.

On appeal, the Fifth District affirmed. See Anderson, 48 So.3d at 1018-19. In reaching its decision, the Fifth District construed sections 322.34 and 322.251(1) together. See id. at 1018. It explained that section 322.251(1) outlines the manner in which a notice of suspension is provided, and that those parameters apply to a charge of driving with a suspended license. See id. It also stated that section 322.251(1) permits notice either in person or by mail. See id. The district court then noted the rebuttable presumption of knowledge provided in section 322.34(2), stated that this presumption was unavailable in this case, and held that the unavailability of the presumption did not alter the outcome of this case. See id. at 1018-19. That rebuttable presumption was not available because this case involved a suspension for failure to pay a traffic fine or financial responsibility. See § 322.34(2). More specifically, the district court concluded that the State, even without the application of the rebuttable presumption, established the knowledge element when it presented evidence of the DHSMV’s mailing of written notice of Anderson’s license suspension to her correct address at the time of the mailing. See Anderson, 48 So.3d at 1019.

This review followed. At issue is whether the Fifth District misconstrued the knowledge requirement of section 322.34(2) in light of the decisions in Brown and Haygood. In those decisions, the dis[777]*777trict courts held that, in instances where section 322.34(2)’s rebuttable presumption does not apply, the State must prove that an individual has actually received notice of a license suspension to establish knowledge of that suspension. See Haygood, 17 So.3d at 896; Brown, 764 So.2d at 743-44.

Standard of Review and Principles of Statutory Construction

This case concerns a matter of statutory interpretation and construction, which is a question of law that this Court reviews de novo. See City of Parker v. State, 992 So.2d 171, 176 (Fla.2008). Legislative intent is the polestar that guides the interpretation and construction of a statute. See E.A.R. v. State, 4 So.3d 614, 629 (Fla.2009). A court primarily discerns legislative intent by looking to the plain text of the relevant statute. See id. A court gives a statute its plain meaning when the language of the statute is clear and unambiguous and conveys a definite meaning. See Maddox v. State, 923 So.2d 442, 450 (Fla.2006). When the meaning of a statute is ambiguous, a court may turn to the rules of statutory interpretation and construction. See E.A.R., 4 So.3d at 629.

One rule of statutory construction is the doctrine of in pari materia. See id. This principle requires courts to construe statutes that relate to the same subject matter together to harmonize those statutes and give effect to legislative intent. See id. Similarly, a statute is to be read as a consistent whole, and a court should accord meaning and harmony to all of its parts, with effect given to every clause and related provision. See Larimore v. State, 2 So.3d 101, 106 (Fla.2008).

Applicable Statutes and Case Law

Under section 322.34(2), Florida Statutes (2011), any person who drives while his or her license is cancelled, suspended, or revoked, with knowledge of this fact, may be convicted of driving while a license is cancelled, suspended, or revoked, which is classified as either a misdemeanor or a felony of the third degree. The text of section 322.34(2)-(4) is as follows:

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Cite This Page — Counsel Stack

Bluebook (online)
87 So. 3d 774, 37 Fla. L. Weekly Supp. 227, 2012 Fla. LEXIS 553, 2012 WL 851040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-state-fla-2012.