Plain Language Statutory Construction

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

• Hanna v. WCI Cmtys., Inc.
  348 F. Supp. 2d 1322· S.D. Fla.· 2004-11-18 ·cited 3×
  Robert Hanna, a WCI Communities executive, was terminated after voicing concerns that the company's fiscal year 2003 business plan was unrealistic and could mislead investors. Hanna filed an administrative complaint with the Department of Labor under the Sarbanes-Oxley Act's whis
• State v. Brown
  723 So. 2d 857· Fla. 4th DCA· 1998-11-25 ·cited 3×
  Florida's appellate court affirmed a sentence of community control and probation for cocaine possession, holding that the trial court properly exercised statutory discretion to impose probation in lieu of imprisonment for enumerated drug offenses under section 948.034(2), Florida
• Boggan v. State
  589 So. 2d 1036· Fla. 1st DCA· 1991-12-09 ·cited 3×
  Danny Boggan was sentenced as a habitual felony offender based on prior convictions that occurred on the same date. The court reversed the sentence and certified to the Florida Supreme Court whether the habitual felony offender statute requires that predicate felonies be committe
• People's Tr. Ins. Co. v. Elvin Hernandez and Jeannette Hernandez
  413 So. 3d 127· Fla. 4th DCA· 2025-03-26 ·cited 2×
  Under amended Florida Rule of Civil Procedure 1.820(h), effective July 1, 2024, a party must file a notice of rejection of the arbitration decision and request for trial in the same document within 20 days of service of the arbitrator's decision; a request for trial de novo that
• Lawnwood Med. Ctr., Inc. v. Rouse
  394 So. 3d 51· Fla. 4th DCA· 2024-07-03 ·cited 2×
  When a party fails to file a motion for trial de novo within twenty days of service of an arbitration decision, as required by section 44.103(5) and rule 1.820(h), the arbitration decision becomes final and binding, and the trial court must enter judgment in accordance with the a
• Progressive Am. Ins. Co. v. Chiropractic Clinics of S. Fla., PL
  387 So. 3d 1262· Fla. 3d DCA· 2024-05-22 ·cited 2×
  Progressive American Insurance Company appeals a trial court order denying its motion for attorney's fees and costs after obtaining judgment. The Florida District Court of Appeal affirmed the denial of attorney's fees but reversed the denial of costs, holding that section 57.041
• Patios W. One Condo. Ass'n, Inc. v. Am. Coastal Ins. Co.
  388 So. 3d 893· Fla. 3d DCA· 2024-01-03 ·cited 2×
  Section 627.70132, Florida Statutes (2017), does not require that an insured provide a damage estimate in order to give legally sufficient notice of a supplemental or reopened claim; the statute requires only that notice be given to the insurer in accordance with the terms of the
• Larry and Ellen Vickery v. City of Pensacola
  342 So. 3d 249· Fla. 1st DCA· 2022-02-16 ·cited 2×
  The appellate court reversed a lower court's denial of a motion to dissolve a temporary injunction. The court held that a state statute, which allows homeowners to remove dangerous trees with documentation from a certified arborist, preempts local ordinances requiring permits for
• X.B. v. State
  337 So. 3d 99· Fla. 3d DCA· 2021-11-17 ·cited 2×
  The State presented sufficient evidence of suspension through the dean's testimony that he orally notified the juvenile of suspension, and § 810.097(1) does not require proof of willful entry or remaining on school grounds—only that the person entered or remained while suspended.
• Potter v. Malee Potter
  317 So. 3d 255· Fla. 1st DCA· 2021-03-15 ·cited 2×
  The appellate court affirmed the trial court's decision to consider two separate marriages between the same parties as one continuous marriage for alimony determination. The court held that a 2010 statute did not abrogate prior caselaw allowing this practice and that equitable co
• La Galere Mkts., Inc. v. State of Fla. Dep't of Bus. & Prof'l Reg. Div. of Alcoholic Beverages & Tobacco
  289 So. 3d 553· Fla. 1st DCA· 2020-01-31 ·cited 2×
  The appellate court reversed a lower agency's decision that prohibited the sale of alcoholic beverages through automated dispensing machines (ADMs). The court found that the plain language of the cited statutes did not prohibit such sales, despite the agency's interpretation that
• McKenzie v. State
  272 So. 3d 808· Fla. 5th DCA· 2019-05-10 ·cited 2×
  A trial court lacks subject matter jurisdiction to designate a defendant as a sexual predator after the defendant has completed his sentence when the designation was not made at sentencing and the applicable statute does not provide authority for such belated designation.
• Gonzalez-Barrera v. Majorca Towers Condo
  272 So. 3d 424· Fla. 3d DCA· 2019-02-06 ·cited 2×
  Gonzalez-Barrera and Garcia appeal a permanent injunction issued against Garcia by Majorca Towers Condominium Association. The court affirmed the injunction prohibiting Garcia from residing in a separate unit from Gonzalez-Barrera without Association approval, but reversed the in
• Hawks v. Libit
  251 So. 3d 321· Fla. 2d DCA· 2018-07-25 ·cited 2×
  Under Florida Statute § 57.041(1), costs must be awarded to the party recovering judgment, not to the prevailing party, and the plain language of the statute is mandatory and not subject to trial court discretion. Hawks, as the party in whose favor judgment was entered on his fee
• 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
• Flynn v. State
  217 So. 3d 1055· Fla. 4th DCA· 2017-05-03 ·cited 2×
  Jeffrey Flynn appeals his conviction for kidnapping and concealment of a child contrary to a court order. The Fourth District affirms, rejecting the Second District's interpretation in Merkle v. State and holding that concealment of a child's location from a person entitled to cu
• Fla. A & M Univ. Bd. OF Trs. v. Bruno
  198 So. 3d 1040· Fla. 1st DCA· 2016-08-15 ·cited 2×
  FAMU Board of Trustees appealed a trial court's order enjoining a student government election, arguing the court lacked subject-matter jurisdiction. The appellate court reversed, holding that Florida Statutes Section 1004.26(5) requires a violation of state or federal law as a pr
• Meritage Homes OF Fla., Inc. v. Lake Roberts Landing Homeowners
  190 So. 3d 651· Fla. 5th DCA· 2016-03-04 ·cited 2×
  Meritage Homes appeals a judgment in favor of a homeowners association, arguing that Florida law permits waiver of reserve accounts required by local code. The court affirms, holding that reserve waivers under Florida Statute 720.303(6)(f) must be approved by homeowners at a memb
• USAA Gen. Indem. Co. v. Emergency Physicians Central
  186 So. 3d 588· Fla. 5th DCA· 2016-02-19 ·cited 2×
• Peninsula Logistics, Inc. v. ERB
  159 So. 3d 301· Fla. 5th DCA· 2015-03-06 ·cited 2×
  Peninsula Logistics and its independent contractor truck driver Smith appealed a jury verdict finding Peninsula vicariously liable for negligence arising from a vehicular collision. The appellate court reversed, holding that Peninsula was not an "employer" under federal motor car
• Miller v. State
  151 So. 3d 566· Fla. 1st DCA· 2014-12-18 ·cited 2×
• Francesca Cenatis v. State
  120 So. 3d 41· Fla. 4th DCA· 2013-07-24 ·cited 2×
  Francesca Cenatis appeals her conviction for using an antishoplifting device countermeasure, arguing that a shopping bag lined with aluminum foil does not fall within the statute's definition. The Fourth District affirmed, holding that the modified shopping bag constitutes a proh
• J.S. v. C.M.
  135 So. 3d 312· Fla. 1st DCA· 2012-10-10 ·cited 2×
  J.S. challenged an Administrative Law Judge's denial of attorney's fees in a proceeding challenging an unadopted agency rule. The Florida First District Court of Appeal reversed, holding that section 120.595(4)(a) does not limit attorney's fees recovery to the original petitioner
• Gomez Lawn Serv., Inc. v. THE Hartford
  98 So. 3d 212· Fla. 1st DCA· 2012-09-28 ·cited 2×
  In this workers' compensation appeal, the court reversed a Judge of Compensation Claims' decision that barred an employee's petition for benefits based on alleged untimely notice to the workers' compensation carrier. The court held that Florida law requires notice to the employer
• Gosling v. State
  97 So. 3d 287· Fla. 4th DCA· 2012-09-12 ·cited 2×
  Jeffrey Gosling was convicted of failing to register as a sex offender with Florida's DMV following an out-of-state conviction. The Fourth District Court of Appeal reversed, holding that the State failed to prove Gosling qualified as a 'sexual offender' under Florida law because
• State v. Johnson
  79 So. 3d 146· Fla. 4th DCA· 2012-02-01 ·cited 2×
  Florida appeals a downward departure sentence imposed on Johnson for failing to properly register as a sex offender. Johnson received two years imprisonment instead of the 51-month guideline sentence, claiming his capacity to understand the criminal nature of his conduct was impa
• City OF Panama City & PGCS v. Bagshaw
  65 So. 3d 614· Fla. 1st DCA· 2011-07-22 ·cited 2×
  The court held that an employer/carrier (E/C) does not waive its right to contest the causal connection between a compensable injury and requested treatment simply by failing to respond within ten days to a request for authorization.
• Dorian Kimberly Mathews v. State
  58 So. 3d 929· Fla. 2d DCA· 2011-04-13 ·cited 2×
  The court held that if a defendant fully complies with a special condition for early probation termination, the trial court lacks jurisdiction to revoke probation thereafter.
• Off. OF Ins. Reg. & Fin. Servs. Comm'n v. Serv. Ins. Co.
  50 So. 3d 637· Fla. 1st DCA· 2010-11-10 ·cited 2×
  The Florida First District Court of Appeal reversed an administrative law judge's decision that invalidated an administrative rule, holding that the rule had expired when its enabling statute was repealed and therefore could not be challenged after the rule's existence ended.
• Brown v. Nationscredit Fin. Servs. Corp.
  32 So. 3d 661· Fla. 1st DCA· 2010-03-10 ·cited 2×
  Appellants filed a class action complaint against mortgage lenders alleging FDUTPA violations, unjust enrichment, and breach of implied duties regarding single premium credit insurance (SPCI) charged on mortgages obtained in 1994-1998. The trial court dismissed the complaint as t
• Alvarado v. State
  9 So. 3d 1273· Fla. 4th DCA· 2009-04-29 ·cited 2×
  Edward Alvarado appeals his sentences for sexual crimes, arguing that his prior conviction for aggravated battery on a pregnant woman does not qualify as a violent felony under Florida law and thus cannot support habitual violent felony offender (HVFO) sentencing. The Fourth Dist
• Edney v. State
  3 So. 3d 1281· Fla. 1st DCA· 2009-03-10 ·cited 2×
  Daryl Edney appealed his conviction and life sentence for sexual battery on a child, challenging the imposition of $4 in court costs under section 938.15, Florida Statutes. The First District Court of Appeal affirmed the conviction and sentence, and rejected Edney's argument that
• Rayburn v. Orange Park Med. Ctr., Inc.
  842 So. 2d 985· Fla. 1st DCA· 2003-04-15 ·cited 2×
  The court held that Orange Park Medical Center (OPMC) failed to provide adequate notice as required by section 240.215, Florida Statutes, thus forfeiting its statutory immunity from vicarious liability.
• Paul R. Levine, M.D. v. Paul R. Levine, M.D.
  734 So. 2d 1191· Fla. 2d DCA· 1999-07-02 ·cited 2×
  A dissolved medical professional association (LZD) sued former shareholders and related entities to recover assets allegedly improperly transferred. The circuit court dismissed the action, holding LZD lacked standing because two shareholders removed the third shareholder from the
• Stapleton v. State Farm Fire & Cas. Co.
  11 F. Supp. 2d 1344· M.D. Fla.· 1998-07-29 ·cited 2×
  Homeowners sued State Farm for denying flood insurance coverage under a policy issued pursuant to the National Flood Insurance Act of 1968, asserting claims for breach of contract, fraud in the inducement, and deceptive trade practices. The court granted the insurer's motion to d
• Henderson v. State
  689 So. 2d 1196· Fla. 4th DCA· 1997-03-12 ·cited 2×
  Dale Henderson was convicted of attempted trafficking in cocaine and sentenced using an improperly applied drug trafficking multiplier. The Fourth District Court of Appeal reversed and remanded for resentencing, holding that the multiplier applies only to level 7 or 8 offenses an
• Dep't OF Revenue v. Zurich Ins. Co.
  667 So. 2d 365· Fla. 1st DCA· 1995-11-17 ·cited 2×
  The Florida Department of Revenue appeals a hearing officer's decision invalidating an administrative rule that required inclusion of comparable state worker's compensation assessments in retaliatory tax calculations. The court affirms, holding that the rule unlawfully modified t
• DEL REY Tortilleria, Inc. v. Nat'l Labor Relations Bd.
  976 F.2d 1115· 7th Cir.· 1992-10-22 ·cited 2×
  The dissenting judge believes the majority incorrectly interpreted Supreme Court precedent (Sure-Tan) and undermined the National Labor Relations Board's (NLRB) remedial authority and national immigration policy.
• United States v. Reynaldo Brito-Acosta
  963 F.2d 1284· 9th Cir.· 1992-05-07 ·cited 2×
  The court held that the four-level sentence enhancement under U.S.S.G. § 2L1.2(b)(1) applies when a defendant is deported after sustaining a felony conviction, regardless of whether the deportation was based on that felony conviction.
• Aguilar v. Cmty. Gen. Hosp.
  396 So. 2d 149· Fla.· 1981-03-12 ·cited 2×
  The Florida Supreme Court addressed whether a medical malpractice claim was barred by the statute of limitations when one defendant failed to timely answer in mediation proceedings. The court held that failure by one defendant to answer does not terminate the mediation panel's su
• Mesa v. State
  431 So. 3d 577· Fla. 3d DCA· 2026-03-18 ·cited 1×
  Christopher Barbaro Mesa appealed his conviction and sentence for grand theft of a motor vehicle, challenging the trial court's imposition of a habitual felony offender sentence enhancement without jury fact-finding under Erlinger v. United States. The appellate court affirmed th
• Morgan v. Morgan
  427 So. 3d 599· Fla. 2d DCA· 2026-01-07 ·cited 1×
  The trial court erred in awarding permanent alimony because the amended version of section 61.08, effective July 1, 2023, which eliminated permanent alimony, applied to the pending dissolution petition on remand, and the former husband had no vested right to alimony after the ori
• Anderson v. The Sch. Bd. of Escambia Cnty.
  416 So. 3d 427· Fla. 1st DCA· 2025-07-23 ·cited 1×
  Section 768.28(6), Florida Statutes, requires claimants to provide written pre-suit notice to both the Department of Financial Services and the appropriate agency before instituting a wrongful death action against a governmental entity. Informal communications and record requests
• State v. Howard
  411 So. 3d 558· Fla. 5th DCA· 2025-05-09 ·cited 1×
  A traffic stop is justified by reasonable suspicion rather than probable cause, and an officer had reasonable suspicion to stop Howard's vehicle for violating § 316.089(1) by failing to maintain a single lane for at least 15 seconds, regardless of whether other traffic was affect
• Sanctuary Cannabis v. Fla. Dep't of Health
  406 So. 3d 390· Fla. 1st DCA· 2025-03-26 ·cited 1×
  An emergency rule establishing a formula for MMTC renewal fees is neither arbitrary nor capricious, and is a valid exercise of delegated legislative authority, where the statute's plain text explicitly requires licensing fees to cover the Department's implementation and administr
• Hamlin v. Shaughnessy Overland Express, Inc.
  403 So. 3d 458· Fla. 6th DCA· 2025-02-21 ·cited 1×
  A dismissal order entered under Florida Rule of Civil Procedure 1.420(e) for lack of prosecution may be vacated under Rule 1.540(b)(1) upon a showing of excusable neglect, as the plain language of neither rule precludes such relief. However, vacation of the dismissal does not aut
• Henriette LaFrance v. Guardian Advocacy of Jayden Emile
  401 So. 3d 379· Fla. 4th DCA· 2025-01-22 ·cited 1×
  A person with a prior felony conviction is statutorily disqualified from appointment as a guardian advocate because Florida Statute § 393.12(10) requires that a guardian advocate be qualified to act as a guardian, and § 744.309(3) disqualifies any person convicted of a felony fro
• Palm Beach Resurfacing, Inc. v. Floyd
  401 So. 3d 359· Fla. 4th DCA· 2025-01-15 ·cited 1×
  Section 489.128's unenforceable contract remedy applies exclusively to violations of state contractor licensing requirements, not local certification requirements. County ordinances governing contractor competency certification provide only criminal and administrative penalties,
• O.M. v. Dep't of Child. & Families
  404 So. 3d 547· Fla. 3d DCA· 2025-01-02 ·cited 1×
  The amended employment screening statute mandates permanent disqualification from childcare employment for anyone who entered a plea of nolo contendere to aggravated assault, leaving no room for exemptions or challenges to the underlying disqualification. O.M.'s untimely petition
• Collette v. The City of Hollywood
  379 So. 3d 1185· Fla. 4th DCA· 2024-02-07 ·cited 1×
  Section 163.360(7)(a), Florida Statutes, requires a municipality to find that a feasible method exists for relocating displaced residents prior to approving a community redevelopment plan, but does not require the municipality to determine the adequacy of that feasible method.