civil penalty bar (Florida) · Go Syfert
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civil penalty bar in Florida

6 Florida opinions name it 2 courts 1983–2014 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
City of Miami v. Valdezgreen
fladistctapp · 2003 · cited in 2 Florida opinions naming this issue, 2012–2012
2 sentences

2012See City of Miami v. Valdez, 847 So.2d 1005, 1008 (Fla. 3d DCA 2003) (“[W]hen a law expressly describes a particular situation where something should apply [here, non-compliance with a civil penalty], an inference must be drawn that what is not included by specific reference [here, failure to appear] was intended to be omitted or excluded.”); see also State v. Hearns, 961 So.2d 211, 219 (Fla.2007) (“Under the canon of statutory construction expres-sio unius est exclusio alterius, the mention of one thing implies the exclusion of another.”).

2012See City of Miami v. Valdez, 847 So.2d 1005, 1008 (Fla. 3d DCA 2003) (“[W]hen a law expressly describes a particular situation where something should apply [here, noncompliance with a civil penalty], an inference must be drawn that what is not included by specific reference [here, failure to appear] was intended to be omitted or excluded.”); see also State v. Hearns, 961 So.2d 211, 219 (Fla.2007) (“Under the canon of statutory construction expressio uni-us est exclusio alterius, the mention of one thing implies the exclusion of another.”).

22
State v. Hearnsgreen
fla · 2007 · cited in 2 Florida opinions naming this issue, 2012–2012
2 sentences

2012See City of Miami v. Valdez, 847 So.2d 1005, 1008 (Fla. 3d DCA 2003) (“[W]hen a law expressly describes a particular situation where something should apply [here, non-compliance with a civil penalty], an inference must be drawn that what is not included by specific reference [here, failure to appear] was intended to be omitted or excluded.”); see also State v. Hearns, 961 So.2d 211, 219 (Fla.2007) (“Under the canon of statutory construction expres-sio unius est exclusio alterius, the mention of one thing implies the exclusion of another.”).

2012See City of Miami v. Valdez, 847 So.2d 1005, 1008 (Fla. 3d DCA 2003) (“[W]hen a law expressly describes a particular situation where something should apply [here, noncompliance with a civil penalty], an inference must be drawn that what is not included by specific reference [here, failure to appear] was intended to be omitted or excluded.”); see also State v. Hearns, 961 So.2d 211, 219 (Fla.2007) (“Under the canon of statutory construction expressio uni-us est exclusio alterius, the mention of one thing implies the exclusion of another.”).

22
Broward County v. Plantation Imports, Inc.green
fladistctapp · 1982 · cited in 2 Florida opinions naming this issue, 1983–1985
2 sentences

1985See, Broward County v. Plantation Imports, Inc., 419 So.2d 1145 (4 D.C.A.Fla., 1982), expressly approving the conclusion reached in AGO 79-109.

1983Compare, AGO 79-109 concluding that a charter county does not have the authority to enact an ordinance providing for the imposition of civil penalties by county agencies or purporting to authorize a county consumer protection board to impose a civil penalty for violation of that board's cease and desist orders; and see, Broward County v. Plantation Imports, Inc., 419 So.2d 1145 (4 D.C.A.

12
State v. Bowlinggreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2014–2014
1 sentence

2014See, e.g., State v. Bowling, 712 So.2d 798 (Fla. 2d DCA 1998) (holding that under the analysis in Hudson, revocation of contractor’s license was a civil sanction and did not bar a criminal prosecution for fraud in violation of double jeopardy); Borrego v. Agency for Health Care Admin., 675 So.2d 666 (Fla. 1st DCA 1996) (holding that administrative suspension of doctor’s medical license following a criminal fraud conviction did not violate double jeopardy).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Borrego v. Agency for Health Care Admin. green
fladistctapp · 1996
1 sentence

2014See, e.g., State v. Bowling, 712 So.2d 798 (Fla. 2d DCA 1998) (holding that under the analysis in Hudson, revocation of contractor’s license was a civil sanction and did not bar a criminal prosecution for fraud in violation of double jeopardy); Borrego v. Agency for Health Care Admin., 675 So.2d 666 (Fla. 1st DCA 1996) (holding that administrative suspension of doctor’s medical license following a criminal fraud conviction did not violate double jeopardy).

12014–2014
Hudson v. United States green
scotus · 1997
2 sentences

2014Even if the civil penalty for refusal to comply with a request for a sobriety test were somehow regarded as punishment for DUI, under the applicable analysis provided in Hudson v. United States, 522 U.S. 93, 95-96 , 118 S.Ct. 488 , 139 L.Ed.2d 450 (1997), the civil penalty would not bar the subsequent criminal prosecution.

2014Even if the civil penalty for refusal to comply with a request for a sobriety test were somehow regarded as punishment for DUI, under the applicable analysis provided in Hudson v. United States, 522 U.S. 93, 95-96 , 118 S.Ct. 488 , 139 L.Ed.2d 450 (1997), the civil penalty would not bar the subsequent criminal prosecution.

12014–2014
Dotty v. State green
fladistctapp · 1967
1 sentence

1987The term `penal' is broader than `criminal,' and relates to actions which are not necessarily criminal as well. . . . [T]he term applies mostly to a pecuniary punishment." In Dotty v. State, 197 So.2d 315 , 318 (4 D.C.A.Fla., 1967), the district court stated: "A statute is penal in nature if it imposes punishment for an offense committed against the state and its term includes all statutes which command or prohibit acts and establishes penalties for their violations to be recovered for the purpose of enforcing obedience to the law and punishing its violation." More directly on point, this offi

11987–1987
In re Florida Rules of Practice & Procedure for Traffic Courts neutral
fla · 1986
1 sentence

1987See also, Rule 6.560, Rules for Traffic Courts, which in relevant part, provides: "An admission or determination that a person has committed a traffic infraction shall constitute a conviction as that term is used in Chapter 322 , Florida Statutes, and section 943.25 , Florida Statutes, unless adjudication is withheld by an official in those cases in which withholding of adjudication is not otherwise prohibited by a statute or rule of procedure." Cf., Rule 6.470(c), supra, amended by In re Florida Rules of Practice, 494 So.2d 1129 (Fla. 1986), to provide: "The assessments for law enforcement tr

11987–1987

Where else courts name it

CA 8 (1995–2023) FL 6 (1983–2014) TX 5 (1949–2022) NY 5 (1918–2010) WV 5 (2020–2022) NC 2 (2002–2020) CO 2 (1993–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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