MARY H. ADAIR, APPELLANT,
v.
FLORIDA DEPARTMENT OF CORRECTIONS AND JAMES V. CROSBY, JR., AS SECRETARY OF THE DEPARTMENT OF CORRECTIONS, APPELLEES

Fla. 1st DCA | 2005-01-31
No. 1D04-212
KAHN, BROWNING, and POLSTON, JJ., concur.
895 So. 2d 446 Florida District Court of Appeal, First District (2005) Caution
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Univ. of S. Fla. College of Nursing v. State, Dep’t of Health, 812 So. 2d 572 (Fla. 2d DCA 2002).

KAHN, BROWNING, and POLSTON, JJ., concur.


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  • Stelmack v. State, 58 So. 3d 874 (Fla. 2d DCA 2010)
    …that the legislature intended to do so. “ ‘[Statutes creating and defining crimes cannot be extended by construction or interpretation to punish an act, however wrongful, unless clearly within the intent and terms of the statute.’” Clement v. State, 895 So. 2d 446, 448 (Fla. 2d DCA 2005) (alteration in original) (quoting Hutchinson v. State, 315 So. 2d 546, 547 (Fla. 2d DCA 1975)). Thus, even if the statutory language were susceptible to different meanings, we would be compelled by the rule of lenity to const…
  • Gonot v. State, 112 So. 3d 679 (Fla. 4th DCA 2013)
    …fice. Here, appellant was not just a candidate at the time of the offense; it was his dual status as a candidate and an incumbent commissioner that brought him within the ambit of the statute. This fact distinguishes this case from Clement v. State, 895 So. 2d 446 (Fla. 2d DCA 2005), where the defendant was only a candidate who did not hold any public office at the time of the offense. Affirmed. WARNER, J., and STONE, BARRY J., Senior Judge, concur.…

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