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State v. Montello3/10/2004
pt urine testing from any FDLE approval requirement. Ch.2003-54, § 1, at 415-16, Laws of Fla. Staff analysis from the house versions of the bill indicates that the impetus for the new legislation was a disagreement with Bodden. Fla. H.R. Comm. on Tests for Alcohol, Chemical Substances, or Controlled Substances, HB 947 (2003) Staff Analysis 2 (final Apr. 2, 2003).
It is proper to consider the 2003 legislation in arriving at the correct interpretation of 316.1932(1)(a)1. See Barns v. State, 768 So.2d 529, 532-33 (Fla. 4th DCA 2000). As the supreme court has noted:
The rule seems to be well established [that] the interpretation of a statute by the legislative department goes far to remove doubt as to the meaning of the law. The court has the right and the duty, in arriving at the correct meaning of a prior statute, to consider subsequent legislation.
Gay v. Canada Dry Bottling Co. of Fla., 59 So.2d 788, 790 (Fla.1952) (quoting Gen. Petroleum Corp. of Cal. v. Smith, 62 Ariz. 239, 157 P.2d 356, 360 (1945)). The 2003 legislation supports Pierre.
REVERSED AND REMANDED.
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