Janos v. State

763 So. 2d 1094, 1999 WL 1191480
CourtDistrict Court of Appeal of Florida
DecidedDecember 15, 1999
Docket99-835
StatusPublished
Cited by2 cases

This text of 763 So. 2d 1094 (Janos v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Janos v. State, 763 So. 2d 1094, 1999 WL 1191480 (Fla. Ct. App. 1999).

Opinion

763 So.2d 1094 (1999)

Daniel JANOS, Petitioner,
v.
STATE of Florida, Respondent.

No. 99-835.

District Court of Appeal of Florida, Fourth District.

December 15, 1999.

*1095 John J. Anastasio, Port St. Lucie, for petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Rochelle L. Kirdy, Assistant Attorney General, West Palm Beach, for respondent.

ON MOTION FOR REHEARING

TAYLOR, J.

We grant petitioner's motion for rehearing, withdraw our previously filed opinion, Janos v. State, 24 Fla. L. Weekly D1709 (Fla. 4th DCA July 21, 1999), and substitute the following.

Petitioner Daniel Janos seeks a writ of prohibition to prevent his trial on a charge of felony driving with a suspended license (DWLS). He contends that double jeopardy precludes his prosecution for felony DWLS because he pled nolo contendere to the underlying DWLS charge through the circuit court clerk, pursuant to administrative options under section 318.14(1), Florida Statutes (1997). We agree and grant the petition for a writ of prohibition.

On September 25, 1997, petitioner was stopped and cited for driving while his license was suspended (DWLS). He was later charged by information with felony DWLS because of two prior DWLS convictions. See § 322.34(2)(c), Fla. Stat. (1997). At the time petitioner was cited for DWLS, the sole reason his license was suspended was that he had failed to pay two traffic tickets on time. To resolve the matter, petitioner followed the procedures outlined in section 318.14(10)(a), Florida Statutes. He paid the outstanding tickets, got his license reinstated, presented proof of compliance to the clerk of circuit court, and tendered a nolo contendere plea to the DWLS charge. The clerk accepted his paperwork and his plea, imposed $170 court costs, and withheld adjudication of guilt.

When petitioner appeared in circuit court and asked to have his DWLS charge dismissed because of his plea disposition before the clerk, the state objected and argued that section 318.14(10)(a) did not apply to him. The state contended that petitioner could not utilize this administrative procedure to dispose of a felony DWLS charge. The trial court agreed and denied petitioner's motion to dismiss. To prevent further prosecution on the DWLS charge, petitioner filed for a writ of prohibition.

Petitioner argues that he was eligible to use section 318.14(10)(a) to resolve his DWLS charge since his suspension was for failure to pay a fine. Sections 318.14(10)(a) and (b), Florida Statutes, provide in part as follows:

(10)(a) Any person cited for an offense listed under this subsection may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court or authorized operator of a traffic violations bureau. In such case, adjudication shall be withheld; however, no election shall be made under this subsection if such person has made an election under this subsection in the 12 months preceding election hereunder. No person may make more than three elections under this subsection. This subsection applies to the following offenses:
1. Operating a motor vehicle without a valid driver's license in violation of the provisions of s. 322.03, s. 322.065, or s. 322.15(1), or operating a motor vehicle with a license which has been suspended for failure to appear, failure to pay civil penalty, or failure to attend a driver improvement course pursuant to s. 322.291.
2. Operating a motor vehicle without a valid registration in violation of s. 320.0605 or s. 320.07, or s. 320.131.
3. Operating a motor vehicle in violation of s. 316.646.
(b) Any person cited for an offense listed in this subsection shall present proof of compliance prior to the scheduled court appearance date. For the purposes *1096 of this subsection, proof of compliance shall consist of a valid, renewed, or reinstated driver's license or registration certificate and proper proof of maintenance of security as required by s. 316.646....

(emphasis added).

The sole reason for petitioner's license being suspended at the time of his arrest was that petitioner had failed to pay two civil traffic infractions and the reinstatement fee to the Department of Highway Safety and Motor Vehicles. Thus, petitioner argues, his conduct falls squarely within the purview of the statute. The state disagrees, arguing that because petitioner is charged with felony DWLS under section 322.34(2)(c), he does not qualify for the administrative disposition provided by section 318.14(10). Citing State v. Engel, 656 So.2d 546 (Fla. 5th DCA 1995), the state contends that the clerk lacked jurisdiction to dispose of the felony charge because it is not one of the offenses authorized for a section 318.14(10) administrative election. Engel, however, is distinguishable in that the defendant in that case tried to use the procedure to dispose of a driver's license fraud violation. Engel was arrested and charged with driver's license fraud, a third degree felony under section 322.212(5), Florida Statutes. He entered a plea before the clerk of county court on a related misdemeanor charge of license fraud, utilizing the section 318.14(10)(a) procedure. After he pled and paid a fine and court costs, he sought dismissal of the pending felony driver's license fraud charge. The fifth district held that the clerk of county court lacked statutory authority to accept a plea to the misdemeanor charge because a driver's license fraud violation is not listed as one of the offenses for which the § 318.14(10)(a) election may be used.

The statute, however, expressly authorizes the procedure for DWLS offenses. By its plain language, it applies to "any person cited for ... operating a motor vehicle with a license which has been suspended for failure to ... pay a civil penalty...." (emphasis supplied). It does not restrict its use to non-felony DWLS offenses. Rather, the statute defines eligibility based on the reasons for the suspension (failure to pay a civil fine) rather than on the potential sanction for the offense. It does not distinguish between persons who qualify for misdemeanor penalties and those who meet the criteria for felony sanctions. The statute, as worded, covers all DWLS charges falling within section 318.14(10) and does not provide any exceptions. Where the language of a statute is plain and unambiguous, we must construe the statute "to give effect to the plain meaning of its words." Hott Interiors, Inc. v. Fostock, 721 So.2d 1236, 1238 (Fla. 4th DCA 1998)(quoting Palm Beach County Health Care Dist. v. Everglades Mem'l Hosp., 658 So.2d 577, 580 (Fla. 4th DCA 1995), rev. denied, 701 So.2d 867 (Fla. 1997)). We may not go beyond its clear wording and plain meaning to expand or limit its reach. To do so would be to modify the express terms of the statute and, thereby, usurp legislative power. Id.

In carving out this special section, the legislature provided courts with an alternative for handling license suspensions falling within this less culpable category. Section 318.14(10) does not apply to persons whose licenses were suspended for other reasons, such as DUI or drug possession convictions.[1] It is designed solely for someone, like petitioner, who, after getting cited for DWLS, takes steps to clear up the matter by paying the outstanding ticket and any additional penalties, fees and costs. As we stated in State v. Keirn, 720 So.2d 1085, 1088 (Fla. 4th DCA), rev. granted,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sierra v. State
956 So. 2d 1266 (District Court of Appeal of Florida, 2007)
McManama v. State
816 So. 2d 781 (District Court of Appeal of Florida, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
763 So. 2d 1094, 1999 WL 1191480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/janos-v-state-fladistctapp-1999.