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Mulligan v. City of Hollywood10/1/2003
principle of statutory construction of expressio unius est exclusio alterius (the mention of one thing implies the exclusion of another), the inclusion only of convicted defendants in the section implies the exclusion of acquitted defendants."). Because the ordinance purports to authorize the forfeiture of motor vehicles used in connection with mere misdemeanors, it is in direct conflict with FCFA's limitation to felonies.
Apart from a preemption of the forfeiture area, we also note the ordinance conflicts with FCFA section 932.704(2)-(4) providing for judicial proceedings, instead of an administrative agency, and for jury trials. The ordinance fails to provide for judicial proceedings de novo and a trial by jury. Instead it relegates the important issue of the propriety of the seizure to a municipal agency, thus bypassing the court and jury. Even if the entire area of forfeitures were not preempted by FCFA, the statute would not authorize conflicting ordinances.
Because we conclude that FCFA preempts the impoundment ordinance, we reverse the final order under review and remand for proceedings in harmony with our determination.
POLEN and MAY, JJ., concur.
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