STATE OF FLORIDA, APPELLANT,
v.
DAVID A. MCCORMICK, APPELLEE
STATE OF FLORIDA, APPELLANT,
DAVID A. MCCORMICK, APPELLEE
868 So. 2d 512
Florida Supreme Court (2004)
Positive Treatment
Cited by 101 cases
Opinion of the Court
PER CURIAM.
We have on appeal a decision of a district court of appeal declaring invalid a state statute. We have jurisdiction. See Art. V, § 3(b)(1), Fla. Const. For the reasons expressed in our opinion in Florida Department of Highway Safety & Motor Vehicles v. Critchfield, 842 So. 2d 782 (Fla.2003), we summarily affirm the decision of the Fifth District Court of Appeal in McCormick v. State, 826 So. 2d 476 (Fla. 5th DCA 2002).
It is so ordered.
ANSTEAD, C.J., and WELLS, PARIENTE, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.
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State v. Adkins, 96 So. 3d 412 (Fla. 2012)…innocent conduct. As this Court has recognized, “scienter is often necessary to comport with due process requirements,” and the elimination of this element “from a criminal statute must be done within constitutional constraints.” State v. Giorgetti, 868 So. 2d 512, 518, 520 (Fla.2004). Therefore, laws that dispense with the requirement of mens rea require very close judicial scrutiny to ensure their compliance with what the Constitution commands. Initially, I recognize, as does the majority, that the Legisla…1 / 2
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Maestas v. State, 76 So. 3d 991 (Fla. 4th DCA 2011)…e” element, added by the supreme court in Chicone v. State, 684 So. 2d 736 (Fla.1996). Section 893.13 remains constitutional. Courts are obligated to construe statutes in a manner which avoids an unconstitutional interpretation. State v. Giorgetti, 868 So. 2d 512, 518 (Fla.2004). Interpretations of statutes as not requiring a mens rea element are disfavored, and absent clear legislative intent to dispense with scienter, courts will assume guilty knowledge is required and will read a guilty knowledge componen…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fla. Dep't of Hwy. Safety & Motor Vehicles v. Critchfield, 842 So. 2d 782 (Fla. 2003)
- Hubbard v. State, 842 So. 2d 782 (Fla. 2003)
- D.C.K. and C.M.K. v. Dep't OF Child. & Families, 826 So. 2d 476 (Fla. 1st DCA 2002)
- McCORMICK v. State, 826 So. 2d 476 (Fla. 5th DCA 2002)