Statutory Interpretation

Statutory interpretation is the process of interpreting and applying legislation. Some amount of interpretation is always necessary when case involves a statute. Sometimes the words of a statute have a plain and straightforward meaning. But in most cases, there is some ambiguity or vagueness in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation to legislation enacted by the legislature or to delegated legislation such as administrative agency regulations.

General Principles
An unambiguous statute is not subject to construction; it must be given its plain and ordinary meaning. See Case::Streeter v. Sullivan, 509 So.2d 268, 271 (Fla.1987); Case::Mayo Clinic Jacksonville v. Department of Professional Regulation, Board of Medicine, 625 So.2d 918, 919 (Fla. 1st DCA 1993). Thus, “[i]nquiry into legislative intent may begin only where the statute is ambiguous on its face.” See Streeter, 509 So.2d at 271. See also Case::City of Safety Harbor v. Communications Workers of America, 715 So.2d 265, 267 (Fla. 1st DCA 1998) and Case::Dep't of Revenue v. Bank of Am., N.A., 752 So.2d 637 (Fla. 1st DCA 2000)

"The primary guide to statutory interpretation is to determine the purpose of the legislature". Tyson v. Lanier, Case::156 So.2d 833, 836 (Fla. 1963).

“Statutes in derogation of the common law ... will not be interpreted to displace the common law further than is clearly necessary.” Case::Carlile v. Game and Fresh Water Fish Commission, 354 So.2d 362, 364 (Fla.1977). Statutes in derogation of the common law “must be strictly construed in favor of the common law.” Case::Wal-Mart Stores, Inc. v. McDonald, 676 So.2d 12, 17 (Fla. 1st DCA 1996).

Interpretation by Government Agency
The construction of a statute by a Government Agency is entitled to great weight and will not be overturned unless clearly erroneous. See Case::State ex rel. Biscayne Kennel Club v. Board of Business Regulation, 276 So.2d 823, 828 (Fla.1973). See also Case::Save St. Johns River v. St. Johns Water Management District, 623 So.2d 1193, 1203 (Fla. 1st DCA 1993); Case::Mayo Clinic Jacksonville v. Department of Professional Regulation, Board of Medicine, 625 So.2d 918, 919 (Fla. 1st DCA 1993); Case::Department of Natural Resources v. Wingfield Development Co., 581 So.2d 193, 197 (Fla. 1st DCA 1991); Case::Florida Department of Environmental Regulation v. C.P. Developers, Inc., 512 So.2d 258, 261 (Fla. 1st DCA 1987); Case::PW Ventures, Inc. v. Nichols, 533 So.2d 281, 283 (Fla.1988).