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State v. Wooden
Citations: 92 So. 3d 886; 2012 Fla. App. LEXIS 11111; 2012 WL 2849648Docket: No. 3D11-972
Court: District Court of Appeal of Florida; July 11, 2012; Florida; State Appellate Court
The State is appealing a dismissal of a felony charge against the defendant for unlawful driving as a habitual offender under section 322.34(5), Florida Statutes (2011). The charge required proof of three convictions for driving with a suspended license within five years. The defendant had two suspensions due to nonpayment of traffic fines and a third for failing to appear in court after requesting a hearing for other offenses. The lower court ruled that the third suspension did not qualify because it was linked to a misdemeanor charge under section 322.34(2)(b), which relates to noncompliance with a civil penalty under section 318.15. The appellate court disagreed, stating that the term 'failure to comply with a civil penalty' does not encompass all provisions of section 318.15, particularly the failure to appear. It emphasized that statutory interpretation principles, specifically expressio unius est exclusio alterius, imply that the omission of 'failure to appear' was intentional. Thus, the legislature distinguishes between noncompliance with a civil penalty and failure to appear, the latter disrupting court processes and preventing the imposition of penalties. The court reversed the dismissal, directing the reinstatement of the information, affirming that such driving offenses constitute a felony under section 322.34(5). A habitual traffic offender is defined under section 322.264 as one with multiple convictions for specified offenses within five years, including driving with a suspended license. Fifteen convictions for moving traffic offenses can lead to points assessed under s. 322.27, including those in subsection (1). Under s. 322.34(2), individuals whose driver's license has been canceled, suspended, or revoked, and who knowingly drive a vehicle during this period, commit a second-degree misdemeanor, punishable under s. 775.082 or s. 775.083. A second offense escalates to a first-degree misdemeanor, while a third or subsequent offense is classified as a third-degree felony. Section 322.34(10)(a) specifies that if a person lacks a prior forcible felony conviction, different penalties apply for license cancellations due to: 1) failure to pay child support; 2) failure to meet other financial obligations; 3) noncompliance with civil penalties; 4) failure to maintain vehicular financial responsibility; 5) noncompliance with minor attendance requirements; or 6) being designated a habitual traffic offender due to these violations. Section 318.15 outlines that if an individual fails to comply with civil penalties under s. 318.18 within the specified timeframe, does not enter a payment plan, fails to attend driver improvement school, or does not appear at a scheduled hearing, the court clerk must notify the Division of Driver's Licenses within 10 days. This notification will lead to an immediate suspension of the individual's driver's license, effective 20 days after the suspension order is mailed, pursuant to s. 322.251(1) and (6).