105 So. 3d 18
Fla. Dist. Ct. App.2012Background
- State sought certiorari to review circuit court's vacatur of county court's denial of Caamano's amended motion to dismiss under 776.032.
- Facts: during an October 2010 arrest in Lake Hamilton, officers restrained a suspect with beatings and a taser; Caamano stomped toward the suspect during the arrest.
- Caamano, an on-duty officer, was charged with attempted battery, a second-degree misdemeanor.
- County court denied Caamano's amended motion invoking 776.032; it concluded 776.05 applied because the conduct occurred during an arrest.
- Circuit court granted Caamano’s writ, vacated the county court order, and ordered an evidentiary hearing under 776.032.
- Florida Supreme Court-style harmonization concluded that 776.05 governs officer conduct during arrests, not 776.032.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether circuit erred by applying 776.032 at arrest-stage proceedings | Caamano: both statutes may apply; no express officer exclusion in 776.032. | State: 776.032 should not govern arrest conduct; 776.05 controls for law enforcement during arrests. | Yes; circuit departed; 776.05 controls for arrest conduct. |
| Whether 776.05 and 776.032 should be harmonized under in pari materia | Caamano: read together harmoniously; avoid rendering 776.05 meaningless. | State: special statute controls; no need to force harmony beyond the text. | Specific statute (776.05) controls; read together but 776.05 prevails here. |
Key Cases Cited
- Parkway Bank v. Fort Myers Armature Works, Inc., 658 So.2d 646 (Fla. 2d DCA 1995) (three-pronged certiorari test for relief)
- Haines City Cmty. Dev. v. Heggs, 658 So.2d 523 (Fla. 1995) (departure prong—due process and correct law)
- Mendenhall v. State, 48 So.3d 740 (Fla.2010) (special statute controls over general statutory provision)
- Dennis v. State, 51 So.3d 456 (Fla.2010) (distinguishable when defendant not a law enforcement officer)
- Nader v. Florida Department of Highway Safety & Motor Vehicles, 87 So.3d 712 (Fla.2012) (certiorari jurisdiction relies on clearly established law from multiple sources)
- Allstate Insurance Co. v. Kaklamanos, 843 So.2d 885 (Fla.2003) (clearly established law can derive from statutes and constitutional law)