OPINION OF THE COURT
Appellant seeks review of a judgment of conviction and sentence for violation of a driver’s license restriction, asserting reversible error in the trial court’s interpretation of the applicable restriction. The trial court’s narrow reading of the language of the restriction was error which requires that Appellant’s conviction be reversed.
A lengthy discussion of the facts is unnecessary. It is sufficient to
The evidence showed that Appellant was ticketed while en route to pick up his fiancee from her place of employment.
A fundamental rule of statutory construction is “that criminal statutes are to be construed strictly in favor of the person against whom a penalty is to be imposed.” Ferguson v State, 377 So.2d 709, 711 (Fla. 1979). See also Fla. Stat. §775.021 (1991). Because the license restriction sub judice is susceptible of differing constructions as applied to the facts in this case, any reasonable doubts concerning its meaning must be resolved in favor of Appellant. Thus the trial court erred when it stated that it was “going to read the business purposes only restriction code very narrowly” (T 49).
Therefore, this Court reverses Appellant’s conviction and remands to the trial court with directions to enter an order of acquittal.
DONE AND ORDERED in Chambers, at Orlando, Orange County, Florida, this 20th day of September, 1991.
A second type of restriction entitled “Employment Purposes Only” is also available. It only allows driving to and from work and any necessary on the job driving required by the employer or occupation.
The evidence also demonstrated that Appellant’s fiancee had only a learner’s permit.
