Principles of Statutory Interpretation, Lecture notes of Law

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Principles of Statutory

Interpretation

MORGAN WEINSTEIN AND ALEXIS FIELDS

Legal Standard

Statutory interpretation is a question of law of subject to de novo review Hilton v. State , 961 So. 2d 284, 288 (Fla. 2007)

Plain Meaning Rule

• Where a statute can be construed according to the plain meaning of its terms, it will be
• The plain meaning rule applies where the terms are “clear and unambiguous” and the statute “conveys a clear and definite meaning” Terranova Corp. v. 1550 Biscayne Assocs. , 847 So. 2d 529, 532 (Fla. 3d DCA 2003)

Legislative Intent

To determine the legislative intent of an ambiguous statute, a court may consider “the language, structure, purpose, and legislative history of the enactment.” Fla. Ins. Guar. Ass’n v. Devon Neighborhood Ass’n , 67 So. 3d 187, 196-97 (Fla. 2011).

Counterbalancing

Courts will not give a statute a literal interpretation that would produce an unreasonable or ridiculous conclusion Maddox v. State , 923 So. 2d 442, 446 (Fla. 2006)

In Pari Materia

Fun with Latin: on a similar matter Every word, phrase, sentence, and part of a statute must be given significance and effect, where possible Miami Dolphins v. Metro. Dade County , 394 So. 2d 981, 988 (Fla. 1981)

Types of History

• Standing Committee Reports
• Full Committee Reports
• Staff Analyses
• Fiscal Notes
• Formal Investigative Reports
  • Special Committee Reports
  • Conference Committee Reports
  • Hearings and Debates
  • Postenactment Statements

Inferences from Subsequent

Legislative History and Legislation

“[W]hen an amendment to a statute is enacted soon after controversies as to the interpretation of the original act arise, a court may consider that amendment as a legislative interpretation of the original law and not as a substantive change thereof” Metro. Dade Cty. v. Chase Fed. Hous. Corp. , 737 So. 2d 494, 503 (Fla. 1999)

Language

• “Shall” v. “May”
• “Or” may be used in the conjunctive
• Definite v. Indefinite Articles
• Singular v. Plural
• General v. Specific

Inclusio Unius Est Exclusio Alterius

Fun with Latin: inclusion of one is the exclusion of another This maxim supports a determination that where a statute lists items specifically anything not included on the list is presumed excluded. 1000 Friends of Fla., Inc. v. Palm Beach Cty. , 69 So. 3d 1123, 1127 (Fla. 4th DCA 2011).

Same Phrasing in Same Statute v.

Different Phrasing in Same Statute

Whatever construction is given to this language in one part of the statute would necessarily also apply to the same phrase appearing in another section of the same statute Stephens v. Winn-Dixie Stores, Inc. , 201 So. 2d 731, 736 (Fla. 1967) (overruled on other grounds in Special Disability Trust Fund v. Fleet Transport Co. , 238 So. 2d 31, 32 (Fla. 1973) and Jackson v. Nat Harrison Associates , 283 So. 2d 27, 30 (Fla. 1973))

The Legislature Knows How to Say

What it Means

Can be persuasive for common phrases or terms of art See Sun Elastic Corp. v. O.B. Indus. , 603 So. 2d 516, 518 (Fla. 3d DCA 1992) (Pope, J., concurring)

Departure from Common Law or

Established Interpretation

Statutes in derogation of the common law will be strictly construed so as to not depart from the common law any further than is necessary Carlile v. Game & Fresh Water Fish Com. , 354 So. 2d 362, 364 (Fla. 1977)

Retrospective v. Prospective

Application

Substantive changes in the law are presumed to only go into effect going forward Fla. Ins. Guar. Ass’n v. Devon Neighborhood Ass’n , 67 So. 3d 187, 194 (Fla. 2011)