Plain Language Statutory Construction

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

• Bruner v. GC-GW, Inc.
  880 So. 2d 1244· Fla. 1st DCA· 2004-08-30 ·cited 5×
  The Florida First District Court of Appeal holds that section 440.205, Florida Statutes, provides a civil cause of action for wrongful discharge when an employer fires an employee for having filed a workers' compensation claim against a previous employer. This reverses the trial
• State v. Kemper Invs. Life Ins. Co.
  660 So. 2d 1124· Fla. 1st DCA· 1995-09-05 ·cited 5×
  The Florida Department of Revenue appealed a summary judgment awarding Kemper Investors Life Insurance Company a tax refund after an audit assessed corporate income and emergency excise tax deficiencies. The court affirmed the refund of the principal tax amount but reversed on th
• Citizens OF the State OF Fla. v. Wilson
  568 So. 2d 1267· Fla.· 1990-10-18 ·cited 5×
  The Florida Supreme Court upheld the Public Service Commission's denial of a petition to order United Telephone Company to refund 1988 tax savings to customers. The Court held that the PSC reasonably determined that a prior 1987 access charge reduction had already disposed of the
• United States v. Phelps
  895 F.2d 1281· 9th Cir.· 1990-02-13 ·cited 5×
  The panel's reversal of the defendant's conviction under 18 U.S.C. § 924(c)(1) was erroneous. The statute's plain language and legislative history demonstrate that the phrase "in relation to" is broad and encompasses the defendant's conduct, where a modified automatic weapon was
• Clerk v. Pasco Cnty.
  386 So. 3d 224· Fla. 2d DCA· 2024-01-17 ·cited 4×
  Pasco County is obligated to fund the multiagency criminal justice information system including replacements of hardware and software, as the statutory definition of 'existing multiagency criminal justice information systems' encompasses upgrades and maintenance of current equipm
• Retherford v. Kirkland
  363 So. 3d 132· Fla. 1st DCA· 2023-06-14 ·cited 4×
  The appellate court reversed a trial court's decision to quash service of process, finding that the defendant waived the defense of improper service by failing to raise it in his initial motion to dismiss. The court emphasized the plain language of the rule requiring consolidatio
• Laurel Kelly v. Green Tree Servicing, LLC.
  300 So. 3d 244· Fla. 4th DCA· 2020-07-29 ·cited 4×
  A tax lien under section 197.122(1), Florida Statutes, is a first lien superior to other liens only on the specific property against which the taxes have been assessed. Because the taxes were assessed against Martin County property and not the St. Lucie County property, the tax l
• Thomas v. State
  286 So. 3d 884· Fla. 2d DCA· 2019-12-11 ·cited 4×
  The appellate court reversed a defendant's sentence because a mandatory minimum term of imprisonment was added to his written sentence without his presence, violating his due process rights. The court affirmed the conviction but remanded for resentencing.
• Maloy v. Seminole Cnty.
  264 So. 3d 370· Fla. 5th DCA· 2019-02-15 ·cited 4×
  The appellate court affirmed a lower court's decision to issue a writ of mandamus, compelling the County Clerk to invest county surplus funds according to the Board of County Commissioners' investment policy. The court clarified that while the Clerk is the custodian of funds, the
• State v. I.J.
  258 So. 3d 473· Fla. 4th DCA· 2018-11-07 ·cited 4×
  Section 790.22(9)(a) requires a mandatory fifteen-day secure detention enhancement for a juvenile convicted of an offense involving the use or possession of a firearm based on the nature of the offense charged, not on whether the individual defendant personally used or possessed
• Ganzemuller v. Omega Ins. Co.
  244 So. 3d 1189· Fla. 2d DCA· 2018-04-27 ·cited 4×
  Sections 627.702(7) and 627.7011(5)(e) of the Florida Statutes prohibit an insurer from requiring contribution from an insured only when the insurer repairs a total loss, not when repairing partial losses. Therefore, an insurer may require payment of a deductible when it elects t
• Salinas v. Ramsey
  234 So. 3d 569· Fla.· 2018-01-25 ·cited 4×
  Post-judgment discovery for collecting a federal money judgment issued by a federal court in Florida may be compelled within twenty years of the judgment's entry, not limited by the five-year statute of limitations for actions on judgments under Florida Statutes § 95.11(2)(a).
• J.A.W. v. State
  210 So. 3d 142· Fla. 2d DCA· 2016-09-28 ·cited 4×
  J.A.W., a juvenile, posted threatening tweets about shooting up his school on public Twitter. The court reversed his delinquency disposition for written threats under Florida Statute 836.10, holding that the statute requires threats be sent directly to the victim or their family
• Jones v. Miami Herald Media Co.
  198 So. 3d 1143· Fla. 1st DCA· 2016-08-29 ·cited 4×
  The Florida Department of Corrections appealed an order requiring it to identify, on a redaction-by-redaction basis, the statutory exemption for each redaction in public records. The appellate court reversed, holding that the Public Records Act requires only record-by-record iden
• Sch. Bd. OF LEE Cnty. & Johns E. Co., Inc. v. Leila Huben
  165 So. 3d 865· Fla. 1st DCA· 2015-06-22 ·cited 4×
  The court held that temporary total disability benefits for a psychiatric injury are strictly limited to six months after the date of maximum medical improvement for the physical injury, regardless of when the psychiatric condition becomes compensable.
• Caceres v. Sedano's Supermarkets & Johns E. Co., Inc.
  138 So. 3d 1224· Fla. 1st DCA· 2014-06-03 ·cited 4×
  A Florida workers' compensation claimant appealed a judge's order denying his injury claim based on a late report of injury. The appellate court reversed, holding that the trial judge misinterpreted the reporting statute by failing to consider the "date of injury" (last date of e
• Browning v. Poirier
  128 So. 3d 144· Fla. 5th DCA· 2013-11-08 ·cited 4×
  Howard Browning appealed a directed verdict dismissing his claims against Lynn Anne Poirier for breach of an oral lottery-sharing agreement and unjust enrichment. The Florida appellate court affirmed the directed verdict on the oral contract claim under the statute of frauds but
• Gabriele v. Sch. Bd. OF Manatee Cnty.
  114 So. 3d 477· Fla. 2d DCA· 2013-06-07 ·cited 4×
  Michelle Gabriele, a teacher employed under a professional service contract, appeals the School Board of Manatee County's final order suspending her for fifteen days without pay and returning her to annual contract status. The court holds that the School Board lacked statutory au
• Bleich v. Chicago Title Ins. Co.
  117 So. 3d 1163· Fla. 3d DCA· 2013-06-05 ·cited 4×
  The court held that the plain language of the regulation requires both a prior owner's policy and retention of copies by the agent and underwriter to qualify for a lower reissue rate.
• Tambriz-Ramirez v. State
  112 So. 3d 767· Fla. 4th DCA· 2013-05-15 ·cited 4×
  Diego Tambriz-Ramirez appealed his convictions for burglary with battery, aggravated assault, and attempted sexual battery with a deadly weapon, challenging his sentences and the trial court's handling of expert witness testimony. The appellate court affirmed the convictions but
• Graves v. City OF Pompano Beach
  74 So. 3d 595· Fla. 4th DCA· 2011-11-23 ·cited 4×
  Citizens challenged a city's approval of a revised plat for Pompano Park Racino, claiming it violated the city's comprehensive plan by allowing intensive commercial uses inconsistent with the plan's recreational focus. The court reversed the dismissal, holding that plat approvals
• Sink v. E. Coast Pub. Adjusters, Inc.
  40 So. 3d 910· Fla. 3d DCA· 2010-07-28 ·cited 4×
  Public adjusters challenged the constitutionality of Florida statutes limiting their contact timing and fee caps, filing suit in Miami-Dade County. The state moved to transfer venue to Leon County under the home venue privilege rule, and the appellate court reversed the trial cou
• Kelly v. State
  964 So. 2d 135· Fla.· 2007-06-28 ·cited 4×
  Kelly was convicted of trafficking in cocaine and conspiracy to traffic in cocaine. He claimed ineffective assistance of counsel because his attorney allegedly misadvised him that he faced a thirty-year mandatory minimum sentence (two consecutive fifteen-year terms), when case la
• Roman Fedo, Inc. v. Dep't of Hwy. Safety & Motor Vehicles
  889 So. 2d 179· Fla. 4th DCA· 2004-12-15 ·cited 4×
  Roman Fedo, Inc., a motor vehicle dealership, appeals an administrative order requiring its 50% shareholder Fedo to divest his stock after his felony drug conviction. The Fourth District affirmed, holding that Florida law prohibits convicted felons from maintaining any financial
• Dep't OF Transp. v. Jack's Quick Cash, Inc.
  748 So. 2d 1049· Fla. 5th DCA· 1999-11-19 ·cited 4×
  The Department of Transportation appealed a cost award in an eminent domain proceeding, challenging the trial court's award of expert witness fees incurred by the landowner in support of an unsuccessful business damage claim. The Fifth District Court of Appeal reversed, holding t
• Fla. Dep't of Health & Rehabilitative Servs. v. DOE
  643 So. 2d 1100· Fla. 1st DCA· 1994-08-22 ·cited 4×
  The Florida Department of Health and Rehabilitative Services sought review of a trial court order requiring it to consider private adoptive parents as prospective adoptive parents for a child in state custody. The court held that the trial court lacked jurisdiction to interfere w
• Metro-Dade Fire Rescue Serv. Dist. v. Metro. Dade Cnty.
  616 So. 2d 966· Fla.· 1993-04-08 ·cited 4×
  The Florida Supreme Court held that the Dade County Commission cannot legislatively restrict the governing powers of the Metro-Dade Fire and Rescue Service District Board when the voters have amended the County Charter to make the Fire Board the governing body. The 1986 Charter a
• United States Dep't of the Interior Minerals Mgmt. Serv. v. Fed. Labor Relations Auth.
  969 F.2d 1158· D.C. Cir.· 1992-07-17 ·cited 4×
  The court held that the Federal Labor Relations Authority erred in finding union proposals negotiable under 5 U.S.C. § 7106(b)(3) because the proposals were not tailored to benefit only employees adversely affected by management actions.
• In re Kaiser Steel Corp. v. Pearl Brewing Co.
  952 F.2d 1230· 10th Cir.· 1991-12-30 ·cited 4×
  Consideration paid to shareholders for their stock in a leveraged buyout is exempt from a trustee's avoiding powers under section 546(e) of the Bankruptcy Code as 'settlement payments' made by or to a stockbroker, financial institution, or securities clearing agency.
• Greenberg v. The Comptroller OF THE Currency
  938 F.2d 8· 2d Cir.· 1991-06-28 ·cited 4×
  The court held that the Comptroller of the Currency has statutory authority to pursue administrative enforcement proceedings against former bank directors even after their separation from the institution, and that the district court correctly dismissed the complaint for lack of s
• Murphy OIL Corp. v. Hickel
  439 F.2d 417· 8th Cir.· 1971-03-08 ·cited 4×
  The dissenting judge would affirm the district court's decision, finding the regulation's literal language inapplicable to Murphy Oil.
• Infinity Auto Ins. Co. v. Miami Open MRI, LLC
  361 So. 3d 954· Fla. 3d DCA· 2023-06-07 ·cited 3×
  The appellate court reversed a summary judgment for a medical provider, finding that the insured's failure to appear for two examinations under oath, a condition precedent to receiving benefits, barred payment. The court held that the insurer did not need to prove prejudice from
• United Auto. Ins. Co. v. Lauderhill Med. Ctr., LLC
  350 So. 3d 754· Fla. 4th DCA· 2022-11-09 ·cited 3×
  This case concerns whether a medical provider should be reimbursed under the Medicare Part B fee schedule or the workers' compensation fee schedule for "vibe therapy" provided after a motor vehicle accident. The appellate court affirmed the trial court's decision, holding that Me
• Mattino v. City of Marathon
  345 So. 3d 939· Fla. 3d DCA· 2022-08-03 ·cited 3×
  Amendments to comprehensive plans in the Florida Keys Area must maintain a hurricane evacuation clearance time for all permanent residents of no more than 24 hours, and a two-phase evacuation plan that requires permanent residents to evacuate over a combined 48-hour period violat
• White v. Autozone Inv. Corp.
  345 So. 3d 284· Fla. 3d DCA· 2022-06-15 ·cited 3×
  Section 11A-28(10) of the Miami-Dade County Code establishes a private cause of action for employment discrimination. The plain language of subsections (10)(a) and (10)(b), read together, expressly creates a mechanism for private enforcement whereby an aggrieved person may obtain
• Holcombe v. City of Naples/Johns E. Co., Inc.
  328 So. 3d 311· Fla. 1st DCA· 2021-09-15 ·cited 3×
  Evidence of secondary hypertension on a pre-employment physical examination precludes a law enforcement officer's use of the statutory presumption of occupational causation for essential hypertension, because section 112.18 requires the examination to reveal no evidence of hypert
• Dozier v. Duval Cnty. Sch. Bd.
  312 So. 3d 187· Fla. 1st DCA· 2021-02-18 ·cited 3×
  This case concerns whether "school guardians," employees trained to provide security, are permitted to carry firearms on school campuses under Florida law. The court held that the relevant statutes, when read together, authorize school guardians to carry firearms on school ground
• Law Offs. of Fred C. Cohen, P.A. v. H.E.C. Cleaning, LLC.
  290 So. 3d 76· Fla. 4th DCA· 2020-02-05 ·cited 3×
  Rule 2.516's email service requirements do not apply to service of a section 57.105 safe harbor notice. The court receded from its prior holdings in Matte v. Caplan and Estimable v. Prophete, which had required strict compliance with rule 2.516 for such notices.
• Knowlton v. Marja-Leena Knowlton
  282 So. 3d 154· Fla. 1st DCA· 2019-10-01 ·cited 3×
  A party challenging the burden of proof assigned to modification of support obligations must raise the issue in the trial court; failure to do so and acquiescence to the burden constitutes a waiver of the issue on appeal.
• Grant v. State
  266 So. 3d 203· Fla. 4th DCA· 2019-03-06 ·cited 3×
  The trial court committed fundamental error by instructing the jury that the forcible-felony exception to the justifiable use of force defense applies based on whether the person defended (the son) was committing a forcible felony, when the statute requires the exception to apply
• Eastwood Shores Prop. Owners Ass'n, Inc. v. Fla. Dep't of Econ. Opportunity
  264 So. 3d 264· Fla. 2d DCA· 2019-01-25 ·cited 3×
  A condominium association whose members own units that are residential property subject to exclusive ownership qualifies as a "homeowners' association" under MRTA section 712.01(4), even though unit owners also hold undivided interests in common elements, and is therefore entitle
• Williams v. State
  246 So. 3d 529· Fla. 2d DCA· 2018-05-11 ·cited 3×
  To prove witness tampering under § 914.22(1)(e), the State must prove the accused knowingly took action with intent to hinder, delay, or prevent communication to law enforcement relating to an offense, but is not required to prove the victim was attempting to contact law enforcem
• Leon v. Carollo
  246 So. 3d 490· Fla. 3d DCA· 2018-05-02 ·cited 3×
  The one-year residency requirement in Miami city charter section 4(c) is a qualification requirement to run for office, not a constitutional eligibility requirement to hold office. Courts lack inherent power to determine post-election contests based on a candidate's failure to me
• Whynes v. Wells Fargo Bank, N.A.
  240 So. 3d 867· Fla. 4th DCA· 2018-03-21 ·cited 3×
  Milton N. Whynes appealed the dismissal of his complaint alleging that American Security Insurance Company (ASIC) and Wells Fargo violated Florida Statutes section 626.9551(1)(d) by using his insurance information to solicit force-placed insurance. The court affirmed the dismissa
• 14269 BT, LLC v. Vill. OF Wellington
  240 So. 3d 1· Fla. 4th DCA· 2018-01-17 ·cited 3×
  Nonresidential farm buildings are exempt from municipal zoning regulations under section 604.50(1), Fla. Stat., including limitations on the number of barns that may be constructed. The exemption applies to all municipal codes following the legislature's 2011 amendment to expand
• State v. Peraza
  226 So. 3d 937· Fla. 4th DCA· 2017-08-30 ·cited 3×
  A Florida appellate court held that law enforcement officers are entitled to seek immunity under Florida's Stand Your Ground law (sections 776.012 and 776.032) when using deadly force, rejecting the argument that officers are limited to a qualified immunity defense under section
• City OF Boynton Beach v. Janots
  101 So. 3d 864· Fla. 4th DCA· 2012-10-10 ·cited 3×
  The court held that the City did not need to file a separate action to enforce its code enforcement liens and the trial court should have adjudicated the City's lien claims within the condemnation action.
• Nieves v. N. River Ins. Co.
  49 So. 3d 810· Fla. 4th DCA· 2010-11-24 ·cited 3×
  The court held that an excess insurer satisfies Florida Statutes § 627.727(2)'s requirement to "make available" uninsured motorist (UM) coverage by offering excess UM protection at no additional cost, conditioned on the insured purchasing underlying UM coverage in its primary pol
• State v. Cutwright
  41 So. 3d 389· Fla. 1st DCA· 2010-07-30 ·cited 3×
  A career offender under the Florida Career Offender Registration Act must report any change in residence, including abandoning a previous residence, within 2 working days under section 775.261(4)(d), regardless of whether the offender establishes a new permanent or temporary resi
• Polite v. State
  933 So. 2d 587· Fla. 3d DCA· 2006-06-14 ·cited 3×
  The Florida Third District Court of Appeal held that knowledge of a victim's status as a police officer is not an element of the crime of resisting an officer with violence under Fla. Stat. § 843.01. The court reversed its prior conflicting opinions and certified a direct conflic