Plain Language Statutory Construction

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

• Lacayo v. Versailles Gardens I Condo. Ass'n, Inc.
  Fla. 3d DCA· 2021-08-18
  Miami-Dade County Ordinance 30-479 imposes liability on any person who improperly causes a vehicle to be immobilized, including property owners, not merely on companies providing immobilization services. The plain language of the ordinance is unambiguous and must be given its pla
• State v. J.A.R.
  45 Fla. L. Weekly Fed. D 2361· Fla.· 2021-06-03
  When a trial court imposes the statutory minimum public defender fee of $100 under section 938.29(1)(a) following a felony conviction, the court need not announce the fee or notify the defendant of a right to contest it. Notice and a hearing are required only when the court impos
• Sunrise Chiropractic & Rehab. Ctr. v. Sec. Nat'l Ins. Co.
  Fla. 4th DCA· 2021-05-19
  An insurer cannot reduce PIP reimbursement for chiropractic services by the two percent fee reduction found in CMS payment files, as that reduction was authorized only for Medicare claims and the plain language of § 627.736(5)(a)1 requires use of the Medicare Physician Fee Schedu
• Koop v. Miami Shores Vill.
  Fla. 1st DCA· 2021-05-11
  The appellate court affirmed the Public Employees Relations Commission's (PERC) decision, holding that Joshua Koop was not entitled to veterans' preference for a promotion because he had already received one promotion after returning from military service. This ruling clarifies t
• Powers v. State
  Fla. 4th DCA· 2021-04-14
  Section 316.193(5) mandates that all offenders convicted under section 316.193 be placed on probation, requiring the trial court to impose a combined sentence of prison and probation not exceeding fifteen years. The written judgment must cite only section 316.193(3) because DUI m
• Siesta KEY Ass'n of Sarasota, Inc. v. City of Sarasota & Lido KEY Resident Ass'n
  Fla. 2d DCA· 2021-04-14
  The appellate court affirmed the trial court's dismissal of a lawsuit seeking to enjoin a beach restoration project. The court held that the environmental protection act did not allow for an action when the entity was operating under a valid permit, even if other permits might be
• Dean Wish, LLC v. LEE Cnty.
  Fla. 2d DCA· 2021-04-07
  The appellate court affirmed a lower court's summary judgment, ruling that Dean Wish, LLC, could not pursue a claim under Florida's Bert J. Harris, Jr., Private Property Rights Protection Act because it no longer held legal title to the property at the time of the ruling. The cou
• Broward Cnty. v. Fla. Carry, Inc.
  Fla. 4th DCA· 2021-03-24
  Local ordinances that regulate weapons defined to include guns violate state field preemption under section 790.33, Florida Statutes, because "gun" and "firearm" are synonymous terms, and a "provided that" clause attempting to exempt state-preempted conduct does not salvage ordin
• Spielberg v. Progressive Select Ins. Co.
  Fla. 4th DCA· 2021-02-10
  An insurer has no statutory duty to notify a first-named insured when another named insured cancels the policy, as sections 627.728 and 627.7281 apply only to insurer-initiated cancellations. Under the policy's plain language, either named insured could cancel the entire policy,
• Hunter v. Catalano
  Fla. 2d DCA· 2021-02-03
  The appellate court reversed a trial court's dismissal of a lawsuit between neighbors, finding that the statutory requirement for presuit mediation does not apply to disputes between individual parcel owners. This decision clarifies the scope of mandatory mediation in homeowners'
• Sch. Bd. of Volusia Cnty. v. Fla. E. Coast Charter Sch.
  Fla. 5th DCA· 2021-01-22
  The Charter School Appeal Commission is not limited to information contained within the record on appeal and may gather other applicable information and request clarifying information when reviewing a school board's denial of a charter school application.
• The Est. of Caleb Timmothy Isenberg v. Smith Equities Corp. & Gerald A. Smith
  Fla. 5th DCA· 2021-01-08
  A motion for attorneys' fees under section 57.105, Florida Statutes, must be served no later than 30 days after filing of the judgment concluding the action, and this time requirement is a bright-line rule that admits no exceptions.
• Palm Beach Cnty. Fire Rescue & Preferred Governmental Claims Solutions v. Wilkes
  Fla. 1st DCA· 2020-12-14
  This case concerns whether a first responder timely filed a workers' compensation claim for PTSD. The appellate court reversed the lower court's decision, finding the claim was filed too late based on the statutory deadline.
• Accardi v. Regions Bank
  Fla. 4th DCA· 2020-12-09
  The Florida Fourth District Court of Appeal held that a motion for a deficiency judgment filed within an existing mortgage foreclosure action constitutes an "action to enforce a claim of a deficiency" subject to the one-year statute of limitations under Florida Statutes section 9
• Norris v. Acting Secretary
  S.D. Fla.· 2020-10-15
  The court held that the 120-day waiting period under 5 U.S.C. § 7702(e)(1)(B) is a strict claims-processing rule, not a jurisdictional prerequisite, and a regulation cannot toll this period. Therefore, the plaintiff's civil action was timely filed.
• Tarek Habal v. Habal
  Fla. 4th DCA· 2020-09-09
  The Fourth District Court of Appeal affirmed the dismissal of a son's challenge to amendments made to his father's revocable trust while the father was still alive. The court held that under Florida Statute section 736.0207, contingent remaindermen lack standing to contest a revo
• Chavez v. State
  Fla. 1st DCA· 2020-06-22
  The appellate court affirmed a lower court's decision denying a defendant's petition to remove his sexual offender registration requirement. The court found that the defendant's offenses were not among those listed in the statute that allows for such removal.
• Disc. Sleep of Ocala, LLC v. City of Ocala
  Fla. 5th DCA· 2020-06-19
  A fire service fee imposed by a municipality is an unconstitutional tax, not a valid user fee, when it fails the three-prong user fee test: (1) it is not charged in exchange for a particular governmental service but rather funds general sovereign functions typically supported by
• State v. Morris
  Fla. 4th DCA· 2020-06-03
  Once a defendant is judicially adjudicated incompetent to proceed, he is presumed to remain incompetent until a court adjudicates him competent, and this presumption continues even during periods when the defendant is not under supervised treatment. The State bears the burden of
• In re Grand Jury-1st Term of 2018 vs
  Fla. 1st DCA· 2020-05-19
  The trial court properly denied Odom's motion to repress additional portions of the grand jury report, as those portions were supported by factual findings and within the scope of the grand jury's investigation. The court reversed the trial court's repression of five portions of
• State v. James
  Fla. 2d DCA· 2020-04-15
  The State appealed a trial court's dismissal of charges against Ray La Vel James for failing to register as a sexual offender. The appellate court affirmed the dismissal, holding that James did not qualify as a "sexual offender" because his full sanction, including a $10,000 fine
• Corey v. Unknown Heirs
  Fla. 2d DCA· 2020-03-20
  Under Florida Statutes section 45.032, the owner of record on the date of filing the lis pendens is entitled to surplus foreclosure proceeds, and this statutory procedure applies to agreements for deed without exception. The heirs' equitable right of redemption does not override
• The Heritage Found. v. In re Est. of Walter Schmid, JR.
  Fla. 2d DCA· 2020-03-06
  Section 733.1061(2) does not limit sources of attorney's fee payment to a party's interest in the estate or other property; a probate court has discretion to award fees from the estate corpus. The probate court did not abuse its discretion in awarding fees from the corpus under t
• Tampa BAY Downs v. Dept. of Bus. & Prof'l Reg.
  Fla. 2d DCA· 2020-02-28
  The appellate court reversed an administrative law judge's order that capped attorney's fees at $50,000 for multiple consolidated rule challenge petitions. The court held that the statutory cap applies per petition, not in aggregate, preserving each petitioner's substantive right
• Christan Starkes v. State
  Fla. 1st DCA· 2020-02-18
  The appellate court reversed a trial court's denial of a defendant's motion for certification of taxable costs. The court held that the trial court erred in interpreting "discharged" under section 939.06, Florida Statutes, and granted the defendant's request for costs.
• GEICO Gen. Ins. Co. v. Lake Mary Chiropractic Ctr., P.A.
  290 So. 3d 980· Fla. 5th DCA· 2019-12-20
  This case concerns the interpretation of Florida's personal injury protection (PIP) statute regarding medical provider reimbursement. The appellate court granted Geico's petition for certiorari, quashing a lower court decision that had affirmed a summary judgment against Geico. T
• GEICO Indem. Co. v. Mauricio Chiropractic Poinciana, LLC
  290 So. 3d 980· Fla. 5th DCA· 2019-12-20
  This case concerns whether an auto insurer must pay 100% of a medical provider's billed amount if that amount is less than the statutory fee schedule, even if the insurer is only obligated to pay 80% of the schedule. The appellate court granted certiorari, quashing the lower cour
• Crispin v. Orlando Rehab. Grp.
  Fla. 1st DCA· 2019-11-20
  The 5-year limitation on permanent total disability benefits for employees age 70 and older is a calendar period ending five years from the date of PTD determination, not a cumulative bank of five years' worth of benefits.
• J.R. v. State
  Fla. 4th DCA· 2019-08-28
• Lee Cnty. Sch. Bd. v. State Farm Mut. Auto. Ins. Co.
  276 So. 3d 352· Fla. 2d DCA· 2019-05-24
  This case addresses whether a school board and its insurer are liable for reimbursement of personal injury protection (PIP) benefits paid by another insurer to passengers injured on a school bus. The court held that sovereign immunity does not bar the claim and that the school bo
• Safety Nat'l Cas. Corp. v. State Farm Mut. Auto. Ins. Co. & Lee Cnty. Sch. Bd.
  276 So. 3d 352· Fla. 2d DCA· 2019-05-24
  State Farm sought reimbursement of personal injury protection (PIP) benefits paid to two injured passengers on a school bus from the Lee County School Board and its insurer, Safety National. The trial court granted summary judgment in favor of State Farm, and both appellants chal
• Manney v. MBV Eng'g, Inc.
  273 So. 3d 214· Fla. 5th DCA· 2019-05-10
  A claim for negligent inspection of a completed structure is not barred by the ten-year statute of repose in section 95.11(3)(c), Florida Statutes, because the claim is not founded on the design, planning, or construction of an improvement to real property. The statute's plain la
• The Pub. Health Tr. of Miami-Dade Cnty. v. Agency for Health Care Admin.
  Fla. 1st DCA· 2019-04-26
  The existing and proposed Rule 59G-6.030 are invalid exercises of delegated legislative authority because they fail to adopt the methodologies required by statute and the General Appropriations Acts. The Agency was statutorily required to set forth in its rules the specific metho
• Lee Mem'l Health Sys. v. State
  272 So. 3d 431· Fla. 1st DCA· 2019-02-27
  Gulf Coast Medical Center challenged the Agency for Health Care Administration's final order requiring reimbursement of $46,901.85 in allegedly overpaid Medicaid funds for emergency in-patient services rendered to undocumented aliens. The court reversed the Agency's order, findin
• Recovery Racing, LLC v. Maserati N. Am., Inc.
  261 So. 3d 600· Fla. 4th DCA· 2019-01-09
  Motor vehicle dealers challenged Maserati's implementation of a new incentive program (2017 program) that replaced previous program payments, arguing it constituted a franchise modification requiring 90-day notice and a fairness hearing under Florida Statute 320.641. The court re
• Mercado v. State
  Fla. 2d DCA· 2018-10-17
  Prosecution/investigative costs under section 938.27(1), Florida Statutes, may not be imposed without an affirmative request on the record, and such costs must be struck on remand.
• Foley v. Azam
  Fla. 5th DCA· 2018-10-15
  Section 1367(d) tolls the statute of limitations for state law claims dismissed in federal court, regardless of whether the federal claims were frivolous or lacked subject matter jurisdiction, provided the state claims were asserted under supplemental jurisdiction and refiled wit
• Abraka Okposio v. Barry Univ. (Main Campus)
  252 So. 3d 1290· Fla. 1st DCA· 2018-09-25
  The appellate court addressed whether a library qualifies as a 'place of public accommodation' under Florida's Civil Rights Act. The appellant argued that libraries should be included under the statute's definition, particularly as 'places of entertainment.' The court rejected th
• Giraldo v. Agency for Health Care Admin.
  Fla.· 2018-07-05
  Federal Medicaid law prohibits AHCA from placing a lien on the future medical expenses portion of a Medicaid recipient's tort recovery; the lien is limited to the past medical expenses portion only.
• Melvin v. State
  246 So. 3d 424· Fla. 4th DCA· 2018-05-09
  The plain language of § 837.055(2) requires only two elements: knowingly and willfully giving false information to law enforcement during a missing child investigation, and the child suffering great bodily harm, permanent disability, permanent disfigurement, or death, with no cau
• Agia v. Ossi
  249 So. 3d 672· Fla. 2d DCA· 2018-04-06
  When a party signs a promissory note with clear, unambiguous signature blocks indicating both a representative capacity and an individual capacity, parol evidence is inadmissible to contradict the terms, and the party is individually liable on the note.
• Sargeant v. State
  242 So. 3d 439· Fla. 4th DCA· 2018-04-04
  When a juvenile is transferred for criminal prosecution as an adult, all pending felony cases must be transferred to adult court for prosecution as an adult under § 985.557(3)(b), regardless of whether those cases are pending in the same judicial circuit as the original transfer
• Clark v. State
  234 So. 3d 809· Fla. 4th DCA· 2018-01-24
  Under Florida Statute § 775.0845, the hood or mask enhancement applies when an offender wears a device that conceals his or her identity, without requiring that the device cover the offender's face. Concealment of distinctive identifying features, such as the back of the head, sa
• Howmedica Osteonics Corp. v. Trowbridge
  211 So. 3d 114· Fla. 4th DCA· 2017-01-25
  Howmedica Osteonics Corporation sought certiorari review of a trial court order denying its request to redact identifying information from reports of foreign voluntary reporters of adverse events related to medical devices. The Florida Fourth District Court of Appeal held that fe
• Baxter v. State
  206 So. 3d 150· Fla. 2d DCA· 2016-12-09
  Baxter appeals his conviction for lewd or lascivious molestation of a thirteen-year-old and his thirty-year sentence as a dangerous sexual felony offender (DSFO). The court affirms, holding that Florida Statute section 794.0115(2) permits trial courts to sentence DSFOs to any man
• Progressive Express Ins. Co. v. Emergency Physicians OF Central Florida
  187 So. 3d 1278· Fla. 5th DCA· 2016-04-08
  Progressive Express Insurance Company sought certiorari review of a circuit court order regarding application of personal injury protection (PIP) deductibles to claims by Emergency Physicians of Central Florida. The Fifth District Court of Appeal granted the petition and quashed
• State v. Peacock
  185 So. 3d 632· Fla. 1st DCA· 2016-02-05
  The Florida Department of Highway Safety and Motor Vehicles sought certiorari review of a trial court's order staying a respondent's dismissal from a DUI supervision program and cancellation of his hardship license. The court denied the petition, holding that the statutory prohib
• State v. Consumer Rights, LLC
  181 So. 3d 1239· Fla. 1st DCA· 2015-12-18
  The trial court erred in awarding attorney's fees because the appellee failed to comply with the statutory condition precedent of serving notice on the Department of Financial Services.
• Lutheran Servs. Fla., Inc. v. Dep't of Child. & Families
  199 So. 3d 286· Fla. 2d DCA· 2015-11-25
  Lutheran Services Florida, a court-appointed professional guardian, appealed the Department of Children and Families' denial of its request to deduct a $200 monthly guardianship fee from its ward's Medicaid income. The court affirmed the denial, holding that guardianship fees do
• Munroe v. State
  177 So. 3d 320· Fla. 1st DCA· 2015-10-26
  The trial court properly denied the motion to suppress because section 316.605(1) prohibits obstruction of a license tag's alphanumeric designation by any matter, whether on or external to the tag, and the court certified conflict with Harris v. State's contrary interpretation.