STATE OF FLORIDA, APPELLANT,
v.
PHILLIP NEAL REINERSMAN, APPELLEE
ADKINS, Justice.
The District Court of Appeal, Second District, has certified to this Court that its decision reported at 382 So. 2d 325 is one which involves a question of great public interest. We have jurisdiction. Art. V, § 3(b)(4), Fla.Const. (1980).
On the basis of our decision in Parker v. State, 406 So. 2d 1089 (1981), we find that the information in question charged appellee with commission of a second-degree felony under section 893.13(l)(a)(2), Florida Statutes (Supp.1976).
We therefore quash the district court’s decision in this cause and remand the same to that court for resolution consistent herewith.
SUNDBERG, C. J., and BOYD, OVER-TON, ALDERMAN and McDONALD, JJ., concur.
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Kasischke v. State, 991 So. 2d 803 (Fla. 2008)…dex to what the section is about or has reference to; it is a direct statement by the legislature of its intent.” State v. Webb, 398 So. 2d 820, 825 (Fla.1981) (citing Berger v. Jackson, 156 Fla. 251, 23 So. 2d 265 (1945)); see also Parker v. State, 406 So. 2d 1089, 1092 (Fla.1981); Foley v. State, ex rel. Gordon, 50 So. 2d 179,184 (Fla.1951). In this case, the title to chapter 97-328 answers the question the majority says is dispositive, namely “which part of [section 948.03(5)(a)(7) ] is modified by the phra…
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Knowles v. Beverly Enterprises-Florida, Inc., 898 So. 2d 1 (Fla. 2004)…t behind the conflicting statutes, we must consider “the history of the Act, the evil to be corrected, the purpose of the enactment, and the law then in existence bearing on the same subject.” Id. at 224 (citation omitted) (quoting Parker v. State, 406 So. 2d 1089, 1092 (Fla.1981), and State Board of Accountancy v. Webb, 51 So. 2d 296, 299 (Fla.1951)). More recently, we stated: Where ... two statutes are found to be in conflict, rules of statutory construction must be applied to reconcile ... the conflict.…
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In re Order on Prosecution of Criminal Appeals by the Tenth Judicial Circuit Public Defender, 561 So. 2d 1130 (Fla. 1990)…re also intended to eliminate the requirement that the county pay for court-appointed counsel in noncapital cases. Legislative intent is the polestar by which we must be guided in interpreting these statutory provisions. See, e.g., Parker v. State, 406 So. 2d 1089 (Fla.1981). The best evidence of the intent of the legislature is generally the plain meaning of the statute. See, e.g., St. Petersburg Bank & Trust Co. v. Hamm, 414 So. 2d 1071 (Fla.1982). However, in this case the plain meaning of the statute is l…
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- State v. Reinersman, 406 So. 2d 1089 (Fla. 1981)
- Pardee v. State, 382 So. 2d 325 (Fla. 1st DCA 1979)