State v. Carrier

• Decision Date: 09 March 2018
• Docket Number: 2D16–2917,Case Nos. 2D16–2915
• Citation: 240 So.3d 852
• Parties: STATE of Florida, Appellant, v. Christopher James CARRIER and Wendy B. Carrier, Appellees.
• Court: Florida District Court of Appeals

240 So.3d 852

STATE of Florida, Appellant,

v.Christopher James CARRIER and Wendy B. Carrier, Appellees.

Case Nos. 2D16–2915

2D16–2917

District Court of Appeal of Florida, Second District.

Opinion filed March 9, 2018

Pamela Jo Bondi, Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Appellant.

Michael N. Dicks of the Law Office of Michael Dicks, P.A., Bartow, for Appellees.

SILBERMAN, Judge.

In these consolidated appeals, the State challenges the orders that grant the motions to dismiss filed by Christopher James Carrier and Wendy Carrier and dismiss the charges against them in these prosecutions for fifty-six counts of forging, counterfeiting, or altering an animal health document in violation of section 585.145(3), Florida Statutes (2013 and 2014). The trial court determined that section 585.145(3) was unconstitutionally vague on its face and violated substantive due process. Based on our interpretation of the language in section 585.145(3), we determine that the statute requires a knowing alteration that results in a false or deceptive certificate and that the statute is not facially vague and does not violate substantive due process for criminalizing otherwise innocent conduct. Thus, we reverse and remand for further proceedings.

The State contends that the trial court erred in determining that section 585.145(3) is unconstitutionally vague on its face and violates substantive due process. The purpose of section 585.145 is "for the control, suppression, eradication, and prevention of the spread of contagious, infectious, and communicable disease and to protect animals in the state." § 585.145(1). Section 585.145(3) provides as follows:

(3) A person who forges, counterfeits, simulates or alters, or who knowingly possesses, uses, presents or utters, any forged, counterfeited, altered or simulated official certificate of veterinary inspection or any other document relating to animal health requirements or substitutes, represents, or tenders an official certificate of veterinary inspection or any other document relating to animal health requirements of one animal for another animal commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(Emphasis added.) The operative charging documents against the Carriers allege that they "did forge, counterfeit, simulate or alter an official certificate of veterinary inspection or any other document relating to animal health requirements," with each count naming an identification number that appears to refer to a particular document. Earlier charging documents alleged that they also "did knowingly possess, use, present or utter, said forged, counterfeited, altered or simulated official certificate of veterinary inspection."

The Carriers each filed a motion to dismiss, both contending that section 585.145(3) violates substantive due process because that statute arbitrarily criminalizes innocent conduct and lacks a mens rea element. They argued the statute contained no requirement of guilty knowledge with respect to the alteration of an official certificate of veterinary inspection (certificate) and would make criminal an innocent or even helpful alteration of the certificate.

The Carriers also argued that the statute was void for vagueness because the term "alters" was not defined. In making their argument, the Carriers gave hypothetical examples of ways the certificate could be innocently altered such as whiting out portions, adding additional information to the forms such as a company's logo, or as the Carriers argue was done here, merely removing the vertical and horizontal lines within the text box so that more immunizations could fit on the form.

At the hearing on the motion, the State argued that the statute was constitutional as applied to the Carriers. The State also explained that it filed amended charging documents (the fourth amended as to Dr. Carrier and the third amended as to Ms. Carrier) after the motions to dismiss were filed. The amendments omitted the "possession language," and thus the cases cited in the motion regarding possession of an item without some type of intent were not applicable because the Carriers were "simply charged with forging, altering, counterfeiting, et cetera." A litigant may not challenge the constitutionality of a portion of a statute that does not affect the litigant. State v. Hagan, 387 So.2d 943, 945 (Fla. 1980) ; Waterman v. State, 654 So.2d 150, 153 (Fla. 1st DCA 1995). Thus, the Carriers cannot challenge the possession portion of the statute, leaving their challenge to the portion of the statute regarding forging, counterfeiting, simulating, or altering a certificate.

The facts asserted at the hearing reflect that Dr. Carrier is a veterinarian who worked at his father's practice, Care Animal Clinic. Ms. Carrier owned a Petland franchise in Lakeland where she was selling puppies. When selling puppies, Ms. Carrier was required to provide a certificate of veterinary inspection. Ms. Carrier downloaded the certificate form and altered it. Dr. Carrier's clinic would examine and immunize the puppies. Dr. Carrier signed altered certificates for only the puppies at his wife's business. When he signed certificates for other businesses, he signed the correct forms.

The defense contended at the hearing that there were three things Ms. Carrier did to alter the certificate. First, she altered the text boxes for immunizations by removing the lines because all the immunizations would not fit on the form. In doing so, she included the dates and lot numbers instead of the names of the immunizations. Second, she used an older form that contained an older State seal. Third, the footer on the official form was deleted or cut off.

The State contended that it had "a little bit of a dispute with" the facts as presented by the defense. The State contended that the investigation began because unhealthy dogs were being sold from Ms. Carrier's establishment. The last six counts charged were for dogs that were purchased from Ms. Carrier's establishment and became sick and, in some cases, died. The first fifty counts were for puppies that had not been sold. The State contended the motive behind the alteration of the certificate was to "obfuscate what immunizations ha[d] been given to the dogs and what had not been given to the dogs." In addition, the State asserted that Dr. Carrier was not licensed "to sign and authorize" certificates during the time period alleged.

The record contains the charging documents and probable cause affidavit. The affidavit reflects that in a sworn taped statement Ms. Carrier "admit[ted] to creating and forging/altering" the certificates. Dr. Carrier also admitted in a sworn taped statement that his wife "created and forged/altered" the certificates and that he was responsible for issuing the certificates. He had issued the correct certificates to other customers of the clinic, and "he was aware of the correct unaltered official form" but "only presents and issues the altered forms to his wife's business and animals."

The affidavit further states that the form must display the disease that the vaccine is targeting, such as rabies or canine distemper. By replacing the information with nondescript codes and numbers, the animal purchaser would not know the type of vaccines that had been given. By omitting the footer from the certificate, Ms. Carrier eliminated "the required state veterinary contact information" that would advise a purchaser whom to contact with questions relating to the form. Also omitted was "the distribution legend, form retention instructions and official form number."

After the hearing on the motion, the trial court entered orders granting the motions to dismiss and dismissing the charges. The trial court found that the statute had the potential to criminalize otherwise innocent conduct. The trial court also found that the statute was unconstitutionally vague on its face and violated the guarantee of substantive due process under the Fourteenth Amendment and under Article I, Section 9, of the Florida Constitution. The trial court found the word "alters" to be vague, as the Carriers argued. The trial court also found the phrase "official certificate of veterinary inspection" to be vague, an argument that the Carriers did not make in the trial court.

Substantive Due Process—Criminalizing Otherwise Innocent Conduct

The Carriers argued that the statutory language prohibiting a person from altering a certificate violates substantive due process for criminalizing otherwise innocent conduct, such as the editing of a .pdf document available online, without requiring a mens rea, or criminal intent. The State contends that when the word "alters" in section 585.145(3) is read in context with the preceding words "forges, counterfeits, simulates," the word "alters" can be read to contain a mens rea requirement of alters with the intent to defraud.

Statutory interpretation is an issue of law that we review de novo. Wegner v. State, 928 So.2d 436, 438 (Fla. 2d DCA 2006). The law gives a strong presumption in favor of the constitutionality of a statute. Id. The courts are required to construe a statute in a way that avoids declaring it unconstitutional. State v. Giorgetti, 868 So.2d 512, 518 (Fla. 2004) ; Wegner, 928 So.2d at 438. Offenses with no mens rea are disfavored, and a scienter element is often necessary to comply with due process requirements. Giorgetti, 868 So.2d at 515, 518. In defining a crime, "the Legislature generally has broad authority to determine any requirement for intent or knowledge." Id. at 515. We first look to a statute's plain language to determine if the legislature included an intent requirement. Id. But even when a statute does not expressly state an intent element, "Florida courts ordinarily will ‘presume that the Legislature intends statutes defining a criminal violation to contain a knowledge requirement absent an...