pari materia principle in Florida

2025“The doctrine of in pari materia is a principle of statutory construction that requires that statutes relating to the same subject or object be construed together to harmonize the statutes and to give effect to the Legislature’s intent.” Id. at 1291 n.4 (quoting Dep’t of State v. Martin, 916 So. 2d 763, 768 (Fla. 2005)).

2025See Fla. Dep’t of State v. Martin, 916 So. 2d 763, 768 (Fla. 2005) (“The doctrine of in pari materia is a principle of statutory construction that requires that statutes relating to the same subject or object be construed together to harmonize the statutes and to give effect to the Legislature’s intent.”). 1 1 We note this case is unlike Ticktin v. Goldmintz, 391 So. 3d 470 , 476-78 (Fla. 4th DCA 2024), where attorney’s fees were not awardable to a guardian advocate under section 744.108 of the guardianship statute because that statute, by its plain language, limited recovery of fees to guardi

2024See Larimore v. State, 2 So. 3d 101, 106 (Fla. 2008) (“The doctrine of in pari materia is a principle of statutory construction that requires that statutes relating to the same subject or object be construed together to harmonize the statutes and to give effect to the Legislature’s intent.” (quoting Fla. Dep’t of State v. Martin, 916 So. 2d 763, 768 (Fla. 2005))).

2019Anderson went on to observe that similar to the doctrine of in pari materia is the principle that a statute “be read as a consistent whole,” according “meaning and harmony to all of its parts, with effect given to every clause and related provision.” Id. (citing Larimore v. State, 2 So. 3d 101, 106 (Fla. 2008)).

2018Then, the doctrine of in pari materia applies.” 105 So. 3d at 20 (emphasis added).

2018Then, the doctrine of in pari materia applies. " 105 So.3d at 20 (emphasis added).

2023Applying this canon to section 770.01, it becomes clear that the general term "other medium" is limited by the specific terms that precede it: "publication or broadcast, in a newspaper, periodical . . . ." Moreover, the doctrine of in pari materia "requires courts to construe statutes that relate to the same subject matter together to harmonize those statutes and give effect to legislative intent." Anderson v. State, 87 So. 3d 774, 777 (Fla. 2012).

2019Applying this canon to section 770.01, it becomes clear that the general term "other medium" is limited by the specific terms that precede it: "publication or broadcast, in a newspaper, periodical ...." Moreover, the doctrine of in pari materia "requires courts to construe statutes that relate to the same subject matter together to harmonize those statutes and give effect to legislative intent." Anderson v. State , 87 So. 3d 774 , 777 (Fla. 2012).

2018Thus the "doctrine of in pari materia ... requires that statutes relating to the same subject or object be construed together to harmonize the statutes and to give effect to the Legislature's intent." E.A.R. v. State , 4 So.3d 614 , 629 (Fla. 2009) (quoting Fla. Dep't of State v. Martin , 916 So.2d 763 , 768 (Fla. 2005) ). 9 Of course, it could be argued that renewable energy sources are in the public interest; therefore, renewables should be considered as part of the Commission's standard.

2010As the Florida Supreme Court explained in E.A.R. v. State , "[t]he doctrine of in pari materia ... requires that statutes relating to the same subject or object be construed together to harmonize the statutes and to give effect to the Legislature's intent." 4 So.3d at 629 (quoting Fla. Dep't of State v. Martin, 916 So.2d 763, 768 (Fla.2005)).

2018“Where possible, courts must give full effect to all statutory provisions and construe related statutory provisions in harmony with one another.” Forsythe v. Longboat Key Beach Erosion Control Dist., 604 So. 2d 452, 455 (Fla. 1992); see also Howarth v. City of De Land, 158 So. 294, 298 (Fla. 1934) (“The courts, in construing a statute, must, if possible, avoid such construction as will place a particular statute in conflict with other apparently effective statutes covering the same general field.”).

2005See Forsythe v. Longboat Key Beach Erosion Control Dist., 604 So.2d 452, 455 (Fla.1992) ("Where possible, courts must give full effect to all statutory provisions and construe related statutory provisions in harmony with one another.").

2010Similarly, "related statutory provisions must be read together to achieve a consistent whole, and ... `[w]here possible, courts must give full effect to all statutory provisions and construe related statutory provisions in harmony with one another.'" Larimore v. State, 2 So.3d 101, 106 (Fla.2008) (quoting Heart of Adoptions, Inc. v. J.A., 963 So.2d 189, 199 (Fla.2007)).

2010Similarly, “related statutory provisions must be read together to achieve a consistent whole, and ... ‘[wjhere possible, courts must give full effect to all statutory provisions and construe related statutory provisions in harmony with one another.’ ” Larimore v. State, 2 So.3d 101, 106 (Fla.2008) (quoting Heart of Adoptions, Inc. v. J.A., 963 So.2d 189, 199 (Fla.2007)).

2009As part of this inquiry, we must address the legislation "as a whole, including the evil to be corrected, the language, title, and history of its enactment, and the state of law already in existence." Bautista v. State, 863 So.2d 1180, 1185 (Fla.2003) (quoting State v. Anderson, 764 So.2d 848, 849 (Fla. 3d DCA 2000)).

2009As part of this inquiry, we must address the legislation “as a whole, including the evil to be corrected, the language, title, and history of its enactment, and the state of law already in existence.” Bautista v. State, 863 So.2d 1180, 1185 (Fla.2003) (quoting State v. Anderson, 764 So.2d 848, 849 (Fla. 3d DCA 2000)).

2009As part of this inquiry, we must address the legislation "as a whole, including the evil to be corrected, the language, title, and history of its enactment, and the state of law already in existence." Bautista v. State, 863 So.2d 1180, 1185 (Fla.2003) (quoting State v. Anderson, 764 So.2d 848, 849 (Fla. 3d DCA 2000)).

2009As part of this inquiry, we must address the legislation “as a whole, including the evil to be corrected, the language, title, and history of its enactment, and the state of law already in existence.” Bautista v. State, 863 So.2d 1180, 1185 (Fla.2003) (quoting State v. Anderson, 764 So.2d 848, 849 (Fla. 3d DCA 2000)).

2024Additionally, the common law rule is that “[g]enerally, in the absence of a testamentary disposition, the spouse of the deceased or the next of kin has the right to the possession of the body for burial or other lawful disposition.” Arthur v. Milstein, 949 So. 2d 1163, 1166 (Fla. 4th DCA 2007) (citing Kirksey v. Jernigan, 45 So. 2d 188, 189 (Fla. 1950)).

2024Additionally, the common law rule is that “[g]enerally, in the absence of a testamentary disposition, the spouse of the deceased or the next of kin has the right to the possession of the body for burial or other lawful disposition.” Arthur v. Milstein, 949 So. 2d 1163, 1166 (Fla. 4th DCA 2007) (citing Kirksey v. Jernigan, 45 So. 2d 188, 189 (Fla. 1950)).

2024To that end, our supreme court recently reiterated that "[t]he doctrine of in pari materia is a principle of statutory construction that requires that statutes relating to the same subject or object be construed together to harmonize the statutes and to give effect to the Legislature's intent." 1944 Beach Boulevard, LLC v. Live Oak Banking Co., 346 So. 3d 587 , 593 (Fla. 2022) (quoting Fla. Dep't of State v. Martin, 916 So. 2d 763, 768 (Fla. 2005)); e.g., Nirk v. Bank of Am., N.A., 94 So. 3d 658, 659 (Fla. 4th DCA 2012) (reading different sections of the same chapter together to ascertain whet

2022Fla. Dep't of Highway Safety & Motor Vehicles v. Hernandez, 74 So. 3d 1070, 1074-75 (Fla. 2011). 10 The original version of the statute provided as follows: A person who experiences a drug-related overdose and is in need of medical assistance may not be charged, prosecuted, or penalized pursuant to this chapter for possession of a controlled substance if the evidence for possession of a controlled substance was obtained as a result of the overdose and the need for medical assistance. § 893.21(2), Fla. Stat. (2012).

2018“Where possible, courts must give full effect to all statutory provisions and construe related statutory provisions in harmony with one another.” Forsythe v. Longboat Key Beach Erosion Control Dist., 604 So. 2d 452, 455 (Fla. 1992); see also Howarth v. City of De Land, 158 So. 294, 298 (Fla. 1934) (“The courts, in construing a statute, must, if possible, avoid such construction as will place a particular statute in conflict with other apparently effective statutes covering the same general field.”).

2009Similarly, “[r]elated statutory pro visions must be read together to achieve a consistent whole, and ... ‘[w]here possible, courts must give full effect to all statutory provisions and construe related statutory provisions in harmony with one another.’ ” Heart of Adoptions, Inc. v. J.A., 963 So.2d 189, 199 (Fla.2007) (quoting Woodham v. Blue Cross & Blue Shield, Inc., 829 So.2d 891, 898 (Fla.2002)).

2009Similarly, "[r]elated statutory provisions must be read together to achieve a consistent whole, and ... `[w]here possible, courts must give full effect to all statutory provisions and construe related statutory provisions in harmony with one another.'" Heart of Adoptions, Inc. v. J.A., 963 So.2d 189, 199 (Fla.2007) (quoting Woodham v. Blue Cross & Blue Shield, Inc., 829 So.2d 891, 898 (Fla. 2002)).

2007See Zold v. Zold, 911 So.2d 1222, 1229 (Fla.2005).