Plain Language Statutory Construction

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

• Dep't of Health v. Leafly Holdings, Inc.
  369 So. 3d 333· Fla. 1st DCA· 2023-08-09 ·cited 1×
  The appellate court affirmed a lower court's decision that a Florida Department of Health memo constituted an unpromulgated rule. The memo warned medical marijuana treatment centers against contracting with Leafly for online ordering services, but the court found this warning wen
• Hutchinson v. State
  363 So. 3d 1126· Fla. 2d DCA· 2023-06-16 ·cited 1×
  A defendant does not qualify as a prison releasee reoffender under section 775.082(9)(a)1 unless physically released from a state correctional facility operated by the Department of Corrections or a private vendor, not from a county jail, regardless of whether the defendant was i
• Pryor v. State
  359 So. 3d 1216· Fla. 2d DCA· 2023-04-05 ·cited 1×
  The appellate court affirmed a conviction for possession of a firearm by a violent career criminal (VCC). The court found that while the defendant's juvenile escape conviction was not a qualifying offense for VCC status, the defendant failed to preserve this issue for appeal, and
• Conservancy of Sw. Fla., Inc. v. Collier Cnty.
  352 So. 3d 481· Fla. 2d DCA· 2022-12-02 ·cited 1×
  The appellate court reviewed a lower court's decision on a comprehensive plan challenge to a county's development order. While affirming most of the lower court's rulings, the appellate court reversed a summary judgment on claims related to traffic and fiscal impacts, finding tha
• Mack v. Hyundai Motor Am.
  346 So. 3d 661· Fla. 2d DCA· 2022-07-29 ·cited 1×
  The appellate court reversed a summary judgment against Alexis Mack, finding that the lower court erred in concluding she failed to satisfy a condition precedent to filing suit under the Magnuson-Moss Warranty Act. The court held that rejecting a post-suit settlement offer does n
• Palafox, LLC v. Diaz
  334 So. 3d 353· Fla. 1st DCA· 2022-02-09 ·cited 1×
  The appellate court reversed an administrative law judge's decision that denied attorney's fees for an improperly filed pleading. The court found that the statute mandates sanctions for improper pleadings, and the ALJ erred by considering the timeliness of the sanctions motion.
• Robinson v. State
  329 So. 3d 103· Fla.· 2021-11-18 ·cited 1×
  Proof that DHSMV provided a defendant with notice of an HTO driver license revocation is not an element of the crime of DWLR-HTO under section 322.34(5), Florida Statutes. The offense requires only that the defendant drove a motor vehicle on Florida highways while his license was
• Orquidea Castellanos v. Reverse Mortg. Funding LLC
  320 So. 3d 904· Fla. 3d DCA· 2021-05-12 ·cited 1×
  Section 57.105(7), Florida Statutes, applies to make a unilateral attorney's fee provision in a mortgage reciprocal to a prevailing borrower, regardless of whether the underlying loan is nonrecourse and the borrower could not have been personally liable for the lender's attorney'
• Pride OF ST. Lucie Lodge 1189, Inc. v. Teaira Nicole Reed
  306 So. 3d 115· Fla. 4th DCA· 2020-11-04 ·cited 1×
  The section 768.075(4) defense applies only to injuries sustained while the plaintiff is actively engaged in the commission or attempted commission of a felony; a prior felony committed on the property does not shield a property owner from negligence liability if the injury occur
• Furst v. ROD Rebholz
  302 So. 3d 423· Fla. 2d DCA· 2020-06-19 ·cited 1×
  The court affirmed a lower court's decision to reinstate a homeowner's full homestead tax exemption, finding that Florida law does not authorize the division of a permanent residence for tax purposes based on renting out portions of the home. However, the court reversed the porti
• Latheresa Williams v. Salt Springs Resort Ass'n, Inc.
  298 So. 3d 1255· Fla. 5th DCA· 2020-06-12 ·cited 1×
  Condominium assessment obligations constitute "consumer debt" under the FCCPA because they arise from a consumer transaction to purchase residential property for personal, family, or household purposes. The court receded from Bryan v. Clayton, which had held assessments were not
• Southern-Owners Ins. Co. v. Jaclyn Hendrickson
  299 So. 3d 524· Fla. 5th DCA· 2020-05-15 ·cited 1×
  Florida Statute § 627.736(1)(a)5 precludes licensed massage therapists from being reimbursed for medical benefits, and a circuit court's failure to apply this plain statutory language constitutes reversible error warranting second-tier certiorari relief.
• Williams v. State
  279 So. 3d 839· Fla. 1st DCA· 2019-09-25 ·cited 1×
  The witness-tampering statute's offense level is determined by the crime charged and investigated, not by the ultimate conviction; therefore, tampering during investigation of a first-degree felony punishable by life constitutes a life felony even if the defendant is convicted on
• Harrell v. The Ryland Grp.
  277 So. 3d 292· Fla. 1st DCA· 2019-08-13 ·cited 1×
  James Harrell appeals summary judgment dismissing his negligence claim against Ryland Homes for injuries sustained when an attic ladder collapsed in June 2012. The trial court granted summary judgment, finding that Harrell's claim was barred by Florida's ten-year statute of repos
• Old Dominion Ins. Co. v. Tipton
  269 So. 3d 653· Fla. 2d DCA· 2019-04-26 ·cited 1×
  The automatic stay of court proceedings under section 627.7074(10) pending neutral evaluation does not stay the 90-day waiting period mandated by Florida Rule of Civil Procedure 1.442(b) for serving a proposal for settlement, because the waiting period is a rule of civil procedur
• M.G. v. State
  260 So. 3d 1094· Fla. 3d DCA· 2018-10-24 ·cited 1×
  M.G., a human trafficking victim, appealed the trial court's denial of her petition to expunge criminal history records related to a kidnapping charge, though her petition was granted for other offenses. The court affirmed the trial court's decision, holding that the Human Traffi
• 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
• Simon's Trucking, Inc. v. Lieupo
  244 So. 3d 370· Fla. 1st DCA· 2018-04-18 ·cited 1×
  Section 376.313(3) does not permit recovery for personal injuries because the Florida Supreme Court in Curd v. Mosaic Fertilizer applied the 1970 Act's definition of damages to the 1983 Act, which expressly excludes human beings from the definition of damages.
• J. C. v. State
  233 So. 3d 519· Fla. 2d DCA· 2018-01-05 ·cited 1×
  Culpable negligence under section 784.05(1), Florida Statutes, requires proof of a conscious act that a reasonable person would know is likely to result in death or great bodily harm. The State's evidence was legally insufficient to support a delinquency adjudication where it sho
• Gretna Racing, LLC v. Fla. Dep't OF Bus. & Prof'l Reg.
  225 So. 3d 759· Fla.· 2017-05-18 ·cited 1×
  The Florida Supreme Court held that Gadsden County's referendum approving slot machines at a pari-mutuel facility was not legally authorized because non-charter counties lack constitutional or statutory authority to conduct binding referenda on slot machine gaming absent specific
• Joshwa Brian Payne v. Dep't OF Revenue o/b/o Anna G. Gutierrez
  191 So. 3d 550· Fla. 5th DCA· 2016-05-20 ·cited 1×
  The Florida Fifth District Court of Appeal reviewed an order awarding retroactive child support to a grandmother who obtained custody of her grandchild. The court held that retroactive support may only be awarded in the initial determination of child support, not in subsequent pr
• R.J. Reynolds Tobacco Co. v. Janice L. Sikes for the Estate of Jimmie Wayne Sikes
  191 So. 3d 491· Fla. 1st DCA· 2016-04-12 ·cited 1×
  R.J. Reynolds Tobacco Company appeals a trial court's denial of an automatic stay of execution of an Engle-related tobacco judgment while it considers whether to petition the United States Supreme Court for review. The court holds that Reynolds, having increased its bond and demo
• Silva-Hernandez v. Swacina
  827 F. Supp. 2d 1352· S.D. Fla.· 2011-11-04 ·cited 1×
  The court held that the USCIS's policy of not assigning a rollback date to non-Cuban spouses that predates their qualifying marriage is a permissible interpretation of the Cuban Adjustment Act and not arbitrary or capricious.
• Perry v. State
  968 So. 2d 70· Fla. 4th DCA· 2007-11-07 ·cited 1×
  Willie Perry was convicted of resisting an officer with violence during a strip search at county jail booking. On remand from the Florida Supreme Court following Tillman v. State, the Fourth District Court of Appeal held that post-arrest intake procedures like strip searches are
• LaFORTE v. Horner
  833 F.2d 977· Fed. Cir.· 1987-11-17 ·cited 1×
  The court held that the formula used by OPM to calculate federal firefighters' overtime pay under the FLSA was valid and in conformity with statutory requirements.
• Persechino v. Station Square Condo. Ass'n, inc.
  Fla. 2d DCA· 2026-08-14
  Although Florida Statute § 718.113(8) prohibits associations from categorically prohibiting EV charging station installations by unit owners, installations that materially alter or substantially add to common elements remain subject to the approval requirements of § 718.113(2)(a)
• City of Panama City v. Bambi's Doll House, Inc.
  Fla. 1st DCA· 2026-07-22
  Ordinance No. 3058, which defined "change of ownership" to include stock transfers in a corporation owning a sexually oriented business, did not trigger the notice requirements of Florida Statutes § 166.041(3)(c) because it did not change the actual list of permitted uses or the
• Smith v. State
  Fla. 5th DCA· 2026-07-17
  When determining whether a crime qualifies as a sexually violent offense under section 394.912(9)(h) of the Jimmy Ryce Act, the trial court must apply the beyond a reasonable doubt standard, not the clear and convincing evidence standard. Summary judgment is an appropriate proced
• Gorfin v. Woodside Credit, LLC
  Fla. 4th DCA· 2026-06-24
  Section 672.401(2), Florida Statutes, requires physical delivery of goods for title to pass to a buyer; constructive delivery is insufficient as a matter of law. Summary judgment was improper because genuine disputes of material fact existed as to whether the vehicle was physical
• State v. Wesley
  Fla. 6th DCA· 2026-06-12
  A defendant granted immunity for lawful self-defense killing cannot be prosecuted for accessory after the fact to a capital felony because the immunity precludes proof that a capital felony occurred, an essential element of that offense. However, immunity for the underlying killi
• Cadet v. State
  Fla. 2d DCA· 2026-06-10
• United States v. Lebarron
  11th Cir.· 2026-06-08
  The death-results penalty enhancement in 21 U.S.C. § 841(b)(1)(C) applies automatically to any violation of subsection 841(a) involving a controlled substance in schedule I or II that results in death or serious bodily injury, without requiring a separate mens rea finding beyond
• The City of Miramar v. Fla. State Lodge Fraternal Order of Police, Inc.
  Fla. 4th DCA· 2026-06-03
  Section 286.011(1), Florida Statutes, does not require arbitration hearings between a public employer and a public employee union to be open to the public because an arbitrator is not a "board or commission" and arbitration is not "collective bargaining negotiations" within the m
• City of Hallandale Beach v. Shames
  Fla. 4th DCA· 2026-06-03
  A subordinate lienholder in a foreclosure action is limited to liens shown on the face of the pleadings when claiming surplus funds, and therefore the City could recover only the $671.01 utilities lien identified in the original foreclosure complaint, not the $1,712,200 in code e
• Nichols v. French
  Fla. 2d DCA· 2026-05-20
  A trial court lacks discretion to deny a timely motion for trial de novo in nonbinding arbitration based on failure to comply with an additional procedural requirement imposed by case management order when the statute and rule provide that an arbitration decision becomes final on
• Jordan v. State
  Fla. 5th DCA· 2026-05-01
  The State must provide written notice of its intent to seek the death penalty within 45 days of arraignment to qualify for a mental health examination of the defendant, and this requirement applies to Hurst resentencings such that late notice does not entitle the State to conduct
• Rose v. Rose
  Fla. 6th DCA· 2026-03-27
  Section 57.105(1), Florida Statutes, authorizes awards of attorney's fees but not costs, and courts cannot add terms not present in the statute.
• Estes v. Palm Beach Cnty. Sch. Dist.
  Fla. 1st DCA· 2026-03-23
  The First District Court of Appeal of Florida clarified the meaning of the workers' compensation statute of limitations tolling provision. The court held that 'toll' means to suspend the limitations period, not to extend it, thereby allowing the claimant to file her petition for
• Paleveda v. State
  Fla. 2d DCA· 2026-01-23
  The trial court properly denied Paleveda's motion for judgment of acquittal because eyewitness testimony and circumstantial evidence sufficiently proved he was the driver of the vehicle. The court also properly refused to modify the jury instruction because Florida law requires a
• Merco Grp. at Akoya, Inc. v. Gen. Computer Servs., Inc.
  Fla. 3d DCA· 2025-12-10
  Section 56.10, Florida Statutes plainly authorizes a circuit court to appoint a receiver for a corporate judgment debtor when execution cannot be satisfied in whole or in part for lack of property subject to levy and sale.
• Massey Constr. Grp., Inc. v. Alex Finch, P.A.
  Fla. 6th DCA· 2025-11-14
  Section 768.79 and Florida Rule of Civil Procedure 1.442 do not authorize recovery of attorney's fees in an ancillary charging lien proceeding because such proceedings are equitable actions that do not seek damages, the former counsel were not parties to the underlying case, and
• Elisabeth Koletas v. United States
  11th Cir.· 2025-11-12
  Transportation Security Officers (TSOs) are 'investigative or law enforcement officers' under the Federal Tort Claims Act's law enforcement proviso, meaning the United States has waived sovereign immunity for certain intentional torts committed by them.
• Carcamo v. Noem
  M.D. Fla.· 2025-11-07
  The court held that an alien who entered the United States without inspection and has remained for years is not an 'alien seeking admission' under INA § 1225(b)(2) and is thus entitled to a bond hearing under INA § 1226(a).
• Krocka v. Pub. Storage, Inc.
  Fla. 2d DCA· 2025-10-29
  A written change-of-address notice under Florida Statute § 83.803(1) requires only that a tenant provide an updated street or post office box address via hand delivery, first-class mail, or email; it does not require identification of specific storage unit numbers. The trial cour
• Cornelius v. Arnetta Haywood
  423 So. 3d 32· Fla. 4th DCA· 2025-10-15
  Section 768.79 applies only to civil actions for damages and does not authorize attorney's fees in cases where equitable relief is also sought, even if the offer of judgment is directed solely at the monetary damages claim. The plain language of section 768.79, which refers to 'a
• Bystrak v. Dahlia McLean
  Fla. 6th DCA· 2025-10-06
  The statutory waiver of the written medical expert corroboration requirement under section 766.204(2) applies only to the party who was actually served with a medical records request under section 766.204(1) and failed to timely respond; the waiver cannot be extended to a defenda
• Myrick v. State
  Fla. 4th DCA· 2025-10-01
  A statewide grand jury lacks subject matter jurisdiction to indict for violations of section 905.395 because that statute is not enumerated in section 905.34 and the conduct it prohibits does not constitute a crime involving fraud or deceit. The statewide grand jury's subject mat
• Custom Homes by Triumph, LLC v. Sverdlow
  Fla. 2d DCA· 2025-08-29
  A trial court departs from the essential requirements of law when it discharges a construction lien under § 713.21(4) without a clerk-issued summons triggering the twenty-day show-cause deadline, and when it overlooks that the lienor has already commenced an action to enforce the
• Molinet-Gonzalez v. State
  Fla. 4th DCA· 2025-06-25
  A conviction for felon in possession of ammunition does not qualify as a predicate offense for VCC sentencing under section 775.084(1)(d)1.g. because ammunition is not a firearm and the offense can be committed without involving a firearm.
• Episcopal Child's. Servs., Inc. v. Dep't of Child. & Families
  Fla. 5th DCA· 2025-06-20
  The 2019 and 2021 Classification Summaries are unadopted rules because DCF failed to comply with the Florida Administrative Procedure Act's requirement to publish the full text of proposed rules or active hyperlinks thereto at least 28 days before adoption and impermissibly amend