State v. Davis
110 So. 3d 27
Fla. Dist. Ct. App.2013Background
- Davis was charged with boating under the influence (BUI) for October 2008 events.
- In a bifurcated trial, an officer testified Davis operated a boat near Harpoon Harry’s, including shifting gears.
- Davis and his wife testified they took the boat from Davis’s residence to friends, then to Harpoon Harry’s.
- The jury was instructed that a vessel is a boat subject to a license tax, defining vessel accordingly.
- Davis was convicted and later found to have prior DUI and BUI convictions; defense moved for judgment of acquittal and notwithstanding the verdict.
- The circuit court granted the motion, concluding the State failed to prove all elements beyond a reasonable doubt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the boat qualified as a vessel under BUI. | Davis argues vessel requires license tax registration. | Davis contends the license-tax element is not required by statute. | State not required to prove license tax; vessel defined broadly |
| Whether the jury instruction’s definition of vessel was correct. | Instruction narrowed vessel to taxed boats. | Questioned consistency with statute and legislative history. | Instruction error rejected; vessel defined to include broader use |
| Whether the appellate court has jurisdiction to review the judgment notwithstanding the verdict. | State preserves appeal via post-verdict motions. | Davis argued mootness due to lack of notice of appeal. | Court has jurisdiction; appeal properly before it |
| What is the proper interpretation of the vessel definition in Florida Statutes for BUI. | Statutory language ties vessel to license tax. | Legislative history shows vessel means any water transportation use. | Statute interpreted to include vessels used for transportation on water regardless of tax status |
Key Cases Cited
- State v. Nicholson, 819 So.2d 908 (Fla. 4th DCA 2002) (two post-verdict motions addressed the same issue)
- State v. Higdon, 814 So.2d 1196 (Fla. 2d DCA 2002) (appeal from judgment notwithstanding the verdict)
- Lozman v. City of Riviera Beach, 133 S. Ct. 735 (U.S. 2013) (vessel definition considerations in transportation context)
- Stewart v. Dutra Constr. Co., 543 U.S. 481 (U.S. 2005) (admiralty vessel standard considerations)
- State v. Anderson, 764 So.2d 848 (Fla. 3d DCA 2000) (statutory interpretation using whole text and history)