Understanding a Statute

“When [a] statute is clear and unambiguous, courts will not look behind the statute’s plain language for legislative intent or resort to rules of statutory construction to ascertain intent.” Cherry v. State, 959 So. 2d 702, 713 (Fla. 2007) (citing Lee County Elec. Coop., Inc. v. Jacobs, 820 So. 2d 297, 303 (Fla. 2002).   

Always remember that the plain meaning of the statute will govern. It is only when ambiguity is found that you will have to engage in analysis of the legislative history and canons of construction.

You should also be attentive to the use of the words “shall” and “may.” The use of “shall” removes the discretion a court may have when determining an issue. This of course is not the situation with “may.”