Plain Language Of Statute

138 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Boca Airport, Inc. v. Fla. Dep't OF Revenue
  56 So. 3d 140· Fla. 4th DCA· 2011-03-16 ·cited 6×
  Fixed Base Operators leasing government-owned airport properties sought exemption from intangible personal property tax under Chapter 196's governmental purpose exemption. The court held that while their leasehold interests qualify for ad valorem tax exemption under Chapter 196,
• K. H. v. State
  821 So. 2d 1202· Fla. 5th DCA· 2002-07-26 ·cited 6×
  K.H., a juvenile, was ordered to submit DNA blood samples as a condition of community control following a plea to burglary and alcohol possession charges. The Fifth District Court of Appeal reversed this requirement, holding that the DNA statute (section 943.325, Fla. Stat. 2000)
• United States v. Zaida Rodriguez
  961 F.2d 1089· 3d Cir.· 1992-04-17 ·cited 6×
  The court held that the schoolyard provision of federal drug laws applies to a defendant who possesses drugs within 1,000 feet of a school with the intent to distribute those drugs at any location, not just within 1,000 feet of a school.
• United States v. Tamez
  941 F.2d 770· 9th Cir.· 1991-07-30 ·cited 6×
  The court held that 21 U.S.C. § 856(a)(2) applies to knowingly making a building available for drug distribution, not just 'crack houses,' and that co-conspirator statements were properly admitted. However, the court reversed the sentencing enhancement for being an organizer.
• Self v. State
  504 So. 2d 810· Fla. 2d DCA· 1987-04-03 ·cited 6×
  Stephen Self was convicted of a second DUI offense within three years and received a mandatory minimum jail sentence. Self sought credit against this sentence for time served in a voluntary alcohol rehabilitation program. The court held that credit for time served can only be app
• Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Goudy
  777 F.2d 1122· 6th Cir.· 1985-11-26 ·cited 6×
  HEW's 'initial determination of eligibility' under Section 435(a)(2)(A) of the Black Lung Benefits Act is not a final adjudication binding on the Department of Labor, but rather an initial step subject to further evaluation under Part C of the Act.
• United States v. Tyson
  690 F.2d 9· 1st Cir.· 1982-09-29 ·cited 6×
  The court held that a valid check with a forged countersignature does not constitute a "falsely made, forged, altered, or counterfeited security" under paragraph three of 18 U.S.C. § 2314.
• Sanabria v. Sanabria
  271 So. 3d 1101· Fla. 3d DCA· 2019-02-20 ·cited 5×
  Frank Sanabria appeals from an order granting his ex-wife's petition to relocate with their two minor children from Miami to Huntsville, Alabama. The central issue is whether the statutory presumption that relocation is in the children's best interests under Florida Statute § 61.
• Debrah Gadol v. Masoret Yehudit
  132 So. 3d 939· Fla. 1st DCA· 2014-02-21 ·cited 5×
  The court held that the Judge of Compensation Claims (JCC) erred in interpreting section 440.13(2)(f) to allow the Employer/Carrier to select the replacement physician when they failed to authorize one within five days of the claimant's request.
• James D. Hinson Elec. Contracting Co. v. BellSouth Telecomms., Inc.
  642 F. Supp. 2d 1318· M.D. Fla.· 2009-07-13 ·cited 5×
  The Florida Underground Facility Damage Prevention Act does not provide BellSouth with additional remedies beyond common law for damages. Genuine issues of material fact preclude summary judgment on BellSouth's affirmative defenses and Hinson's claims.
• Crouch v. Pub. Serv. Comm'n
  913 So. 2d 111· Fla. 1st DCA· 2005-10-26 ·cited 5×
  The court held that verbal complaints to supervisory officials do not satisfy the written complaint requirement of the Florida Whistle-blower's Act.
• Alfaro-Garcia v. U.S. Attorney General
  981 F.3d 978· 11th Cir.· 2020-11-30 ·cited 4×
  The court held that 8 U.S.C. § 1231(a)(5) unambiguously bars the reopening of a reinstated removal order when an alien illegally reenters the United States after being removed, thereby forfeiting the right to file a motion to reopen under 8 U.S.C. § 1229a(c)(7).
• State v. Pena
  247 So. 3d 61· Fla. 3d DCA· 2018-05-09 ·cited 4×
  A license plate frame that obscures the word "Florida" violates Florida Statute § 316.605(1) (2015), providing probable cause for a traffic stop. The prior precedent in State v. St. Jean, which addressed an earlier version of the statute, does not apply to the amended 2015 versio
• Alfred Ivan Murciano, M.D. v. State
  208 So. 3d 130· Fla. 3d DCA· 2016-08-31 ·cited 4×
  Dr. Murciano appeals an AHCA order requiring repayment of $1.27 million in alleged Medicaid overpayments. The central issue is whether Dr. O'Hern, the peer reviewer, satisfied the statutory definition of 'peer' under Florida law. The court holds that AHCA correctly interpreted th
• Williams v. State
  189 So. 3d 288· Fla. 1st DCA· 2016-04-12 ·cited 4×
  Tyrone Williams appealed the denial of his motion to correct an illegal sentence, arguing that his life sentence as a dangerous sexual felony offender (DSFO) for a second-degree sexual battery conviction violated Florida law. The First District affirmed the sentence, holding that
• State Farm Mut. Auto. Ins. Co. v. Delray Med. Ctr., Inc.
  178 So. 3d 511· Fla. 4th DCA· 2015-11-04 ·cited 4×
  State Farm appealed the trial court's denial of its petition seeking discovery from Delray Medical Center regarding the reasonableness of PIP charges. The Fourth DCA affirmed, holding that discovery under Florida's PIP statute is limited to facts about the injured person's treatm
• J.R. v. Palmer
  175 So. 3d 710· Fla.· 2015-05-14 ·cited 4×
  The Florida Supreme Court addresses certified questions from the Eleventh Circuit regarding statutory protections for developmentally disabled individuals involuntarily admitted to residential services under chapter 393. The Court holds that support plan review does not require c
• Debary Real Est. Holdings, LLC v. State
  112 So. 3d 157· Fla. 1st DCA· 2013-05-10 ·cited 4×
  This case addresses whether Florida's chapter 2009-170, section 6, which allows jai-alai permit holders to convert to greyhound racing permits under specific criteria, is a constitutionally valid general law or an unconstitutional special law. The appellate court held that the st
• Access Now, Inc. v. Sw. Airlines
  227 F. Supp. 2d 1312· S.D. Fla.· 2002-10-18 ·cited 4×
  The court held that an internet website is not a 'place of public accommodation' under Title III of the ADA because it is not a physical, concrete structure and lacks a nexus to such a place.
• Glenn v. State
  753 So. 2d 669· Fla. 2d DCA· 2000-03-10 ·cited 4×
  Trafficking in stolen property is a general intent crime, not a specific intent crime, and therefore the defense of voluntary intoxication is not available for that charge.
• Est. OF Leonard A. Wood v. Commissioner OF Internal Revenue
  909 F.2d 1155· 8th Cir.· 1990-07-26 ·cited 4×
  The dissent argues that the timely filing requirement of I.R.C. § 7502 is not satisfied by secondary evidence of a postmark alone, as the statute requires actual delivery.
• Phillips v. Commissioner OF Internal Revenue
  851 F.2d 1492· D.C. Cir.· 1988-07-22 ·cited 4×
  A taxpayer who has not previously filed a return is not barred from filing a joint return simply because a notice of deficiency has been issued and challenged in tax court. However, the government's reliance on prior precedent, even if later overturned, constitutes substantial ju
• United States v. CHA
  837 F.2d 392· 9th Cir.· 1988-01-19 ·cited 4×
  The court held that 18 U.S.C. § 3623, authorizing alternative fines, permits higher fines than those specified in the statute defining the substantive offense, even if enacted later.
• Progressive Express Ins. Co. v. Simonmed Imaging
  363 So. 3d 1196· Fla. 6th DCA· 2023-05-12 ·cited 3×
  This case concerns the interpretation of Florida's PIP statute regarding the maximum charges insurers must reimburse for medical services. The court held that the "applicable schedule" refers to the participating physicians fee schedule, not the higher non-participating physician
• Benitez v. Universal Prop. & Cas. Ins. Co.
  Fla. 4th DCA· 2022-10-12 ·cited 3×
  An insured failed to disclose prior property damage on his insurance application and in discovery responses. The insurer denied coverage of a subsequent water damage claim based on material misrepresentations under Florida Statute § 627.409, and the trial court granted summary ju
• Serenity Harper v. GEICO Gen. Ins. Co.
  272 So. 3d 448· Fla. 2d DCA· 2019-03-01 ·cited 3×
  The sixty-day cure period under section 624.155(3)(d) begins when the insured electronically files the CRN with the Department of Financial Services, not when the insurer actually receives the notice. An insurer must pay the claim or take corrective action within sixty days from
• Dominique Wright v. State
  199 So. 3d 1019· Fla. 4th DCA· 2016-06-29 ·cited 3×
  The court held that the trial court did not err in admitting the victim's suppression hearing testimony, excluding deposition portions, or admitting rap videos, and affirmed the defendant's conviction and concurrent sentences.
• P.R. v. State
  183 So. 3d 1163· Fla. 4th DCA· 2016-01-06 ·cited 3×
  The court held that a juvenile who was not adjudicated delinquent, but for whom adjudication was withheld, cannot be compelled to undergo hepatitis and HIV testing under section 960.003(4) of the Florida Statutes.
• 34th St., LLC v. PRO Karting Experience, Inc.
  385 So. 3d 167· Fla. 2d DCA· 2024-03-22 ·cited 2×
  In a landlord-tenant dispute, the court affirmed the trial court's invalidation of a writ of possession, holding that Florida Statute § 83.232(5)'s absolute waiver provision does not apply unless the court order explicitly directs the tenant to pay rent into the court registry. H
• State v. Jamaal Pickersgill
  284 So. 3d 542· Fla. 4th DCA· 2019-10-30 ·cited 2×
  The State appeals a post-verdict judgment of acquittal in a drug and resisting arrest case. The appellate court reversed, holding that the State presented competent substantial evidence of possession of THC, possession of cannabis with intent to deliver, and resisting an officer,
• Ring Power Corp. & United Self v. Murphy
  238 So. 3d 906· Fla. 1st DCA· 2018-02-23 ·cited 2×
  Andrew Murphy sought workers' compensation benefits in 2016, more than two years after his employer last provided benefits in 2013. The central dispute was whether Murphy's petition was timely under Florida's statute of limitations, turning on whether the presence of permanently
• City OF Homestead v. McDonough
  232 So. 3d 1069· Fla. 3d DCA· 2017-11-01 ·cited 2×
  The City of Homestead appealed a trial court order requiring disclosure of certain documents (Records 3 and 4) in response to a public records request by Dr. McDonough, who had filed a Notice of Intent to claim against the City. The court held that all documents in a risk managem
• State Farm Mut. Auto. Ins. Co. v. Shands Jacksonville Med. Ctr., Inc.
  210 So. 3d 1224· Fla.· 2017-02-16 ·cited 2×
  The Florida Supreme Court resolved a conflict between district courts regarding the scope of discovery available to insurers under section 627.736(6)(c) of the Personal Injury Protection (PIP) statute. The Court held that discovery is limited to production of specific documents a
• Simmons v. State
  207 So. 3d 860· Fla.· 2016-12-22 ·cited 2×
  Eric Lee Simmons was convicted of murder and sentenced to death. On appeal following a resentencing proceeding, the Florida Supreme Court vacated the death sentence based on Hurst v. Florida, holding that the jury failed to unanimously find that aggravating factors were sufficien
• Villarreal v. R.J. Reynolds Tobacco Co.
  806 F.3d 1288· 11th Cir.· 2015-11-30 ·cited 2×
  The dissenting judge argues that the majority erred in holding that Section 4(a)(2) of the ADEA authorizes disparate impact claims by job applicants and that such plaintiffs may be entitled to equitable tolling. The dissent asserts that the plain language of Section 4(a)(2) limit
• State v. D.V.
  111 So. 3d 234· Fla. 4th DCA· 2013-04-10 ·cited 2×
  Florida appeals a trial court's adjudication of incompetency for a juvenile delinquent, D.V. The court erred by basing its competency determination on only one court-appointed expert and one DCF-appointed expert, violating section 985.19(1)(b) which requires at least two court-ap
• City OF Sweetwater v. Alvarez
  14 So. 3d 1210· Fla. 3d DCA· 2009-06-24 ·cited 2×
  The court held that law enforcement officers must first request representation from their employing agency before seeking reimbursement for privately retained counsel.
• Grading & Bush HOG Servs., Inc. v. Fla. Dep't of Transp.
  894 So. 2d 1047· Fla. 5th DCA· 2005-01-28 ·cited 2×
  The court held that Fla. Stat. § 337.19(2) is a statute of limitations, not a condition precedent to filing suit against the Florida Department of Transportation.
• State v. Delprete
  331 So. 3d 174· Fla. 4th DCA· 2021-09-22 ·cited 1×
  The State appeals a trial court's dismissal of an insurance fraud charge against Michael Delprete, arguing that the trial court erroneously read a justifiable reliance element into Florida's insurance fraud statute. The appellate court agrees with the State and reverses the dismi
• Woodbury v. State
  302 So. 3d 492· Fla. 2d DCA· 2020-09-04 ·cited 1×
  Steven Woodbury challenged the summary denial of his Rule 3.850 postconviction motion claiming ineffective assistance of counsel for misadvising him to plead guilty to a DWLS charge. The court reversed, holding that Woodbury stated a facially sufficient claim based on his allegat
• D.S. v. State
  267 So. 3d 414· Fla. 4th DCA· 2019-03-13 ·cited 1×
  A juvenile appeals a circuit court's amended disposition order adjudicating him delinquent for violating probation on charges of lewd or lascivious molestation of a victim under twelve years old, challenging the imposition of sexual offender registration requirements. The court a
• FL. Research Inst. of Equine Nurturing DEV & Safety v. Dillon
  247 So. 3d 538· Fla. 4th DCA· 2018-05-16 ·cited 1×
  Florida Statute § 617.0607 does not require notice and a hearing before a not-for-profit corporation terminates a member's membership; it requires only that the termination procedure be fair, reasonable, and carried out in good faith. The corporation's bylaws and rules, which pro
• K.Q.W. v. State
  951 So. 2d 66· Fla. 5th DCA· 2007-03-09 ·cited 1×
  Juvenile's adjudication for giving a false name to a law enforcement officer was reversed because the statute requires the false identification to occur during or after arrest or lawful detention, which did not occur here.
• P&P Holdings Grp. LLC v. Hillsborough Cnty.
  13th Cir. Ct. App. Div.· 2025-08-10
  P&P Holdings, an agricultural LLC, appealed a code enforcement fine for hosting Jaripeo (traditional Hispanic rodeo) events with live music on its agricultural property. The appellate court quashed the violation order, finding that the Special Magistrate lacked competent substant
• Fla. Gaming Control Comm'n v. Tampa Bay Downs
  Fla. 1st DCA· 2024-09-11
  The Florida Gaming Control Commission's interpretation of section 550.0951(3)(c)1, Florida Statutes, which imposed a 5.5% tax rate on Tampa Bay Downs, constitutes an unpromulgated rule because the interpretation is not readily apparent from the plain language of the statute. A th
• Book v. Palm Beach Cnty. Comm'n on Ethics
  15th Cir. Ct. App. Div.· 2024-04-18
  Ronald Book challenges a Palm Beach County Commission on Ethics final order finding an ethics violation, arguing that a June 2024 amendment to Florida Statutes § 112.326 retroactively invalidated the Commission's authority to initiate self-initiated complaints. The court granted
• Spiritis v. Botel
  Fla. 4th DCA· 2024-02-27
  Section 99.061(7)(a)1, Florida Statutes, unambiguously requires candidates to pay qualifying fees with checks drawn on their campaign accounts, and payment by cashier's check does not satisfy this requirement. Dr. Botel's failure to use a check drawn on her campaign account disqu
• Benitez v. Universal Prop. & Cas. Ins. Co.
  Fla. 4th DCA· 2022-10-12
• Clerk of the Cir. Court v. Brandon
  Fla. 2d DCA· 2022-04-13
  The appellate court reversed a lower court's order granting remission of bail bond forfeitures. The court found that the surety breached the bond by failing to pay the forfeitures within the statutory timeframe, which divested the lower court of authority to grant remission.
• City of Holmes Beach v. Coral Escape of Holmes Beach, LLC
  Fla. 2d DCA· 2021-08-18
  This case concerns whether a city is entitled to attorney's fees after prevailing in a property rights lawsuit. The appellate court found that the city's response, which proposed no changes to its prior action, constituted a "bona fide settlement offer" under the statute, reversi