Retroactive Application Of Statutes

2,388 Florida cases classified under this topic · sorted by citation count

• Taylor v. State
  246 So. 3d 231· Fla.· 2018-05-03 ·cited 2×
  Perry Taylor, a death row inmate, appealed the denial of his successive motion for postconviction relief, arguing newly discovered evidence (a recantation affidavit from Dr. Miller) and Hurst violations. The Florida Supreme Court affirmed the denial, holding that Dr. Miller's aff
• The Tropicana Condo. Ass'n, Inc. v. Tropical Condo., LLC
  208 So. 3d 755· Fla. 3d DCA· 2016-11-16 ·cited 2×
  The Tropicana Condominium Association sought to terminate the condominium's status by amending its declaration to adopt provisions of Florida's 2007 amendments to section 718.117, but lacked required unanimous approval. The court affirmed that retroactive application of the statu
• Madison AT Soho II Condo. Ass'n, Inc. v. Devo Acquisition Enters., LLC
  198 So. 3d 1111· Fla. 2d DCA· 2016-08-24 ·cited 2×
  A condominium association sued for unpaid assessments after depositing a partial payment check that the debtor claimed constituted accord and satisfaction. The court held that a recent legislative amendment to Florida's condominium assessment statute clarified the legislature's o
• In the Interest of A.W. and S.W. v. Dep't of Child. & Families & Guardian Ad Litem Program
  184 So. 3d 1179· Fla. 2d DCA· 2015-12-18 ·cited 2×
  The court held that the 2014 amendment to section 39.806(1)(f), Florida Statutes, which removed the nexus requirement between egregious conduct to a child and potential harm to a sibling, constituted a substantive change in the law and could not be applied retroactively to a case
• Markus Leon Brown v. State
  179 So. 3d 466· Fla. 4th DCA· 2015-11-18 ·cited 2×
  The court reversed one of two sexual battery convictions where the statute of limitations had expired before the 2003 amendment became effective, while affirming the other conviction where the limitations period had not yet run. The case turns on the proper application of retroac
• Stranburg v. Panama Commons L.P.
  160 So. 3d 160· Fla. 1st DCA· 2015-04-08 ·cited 2×
  The Florida District Court of Appeal affirmed a summary judgment ruling that the retroactive repeal of a property tax exemption for an affordable housing project was unconstitutional. The court held that the repeal impaired a vested right and imposed a new tax obligation, violati
• Donovan v. Fla. Peninsula Ins. Co.
  147 So. 3d 566· Fla. 4th DCA· 2014-07-09 ·cited 2×
  Arlene Donovan appealed the dismissal of her breach of homeowner's insurance contract claim against Florida Peninsula Insurance Company. The trial court dismissed based on statute of limitations and alleged failure to provide notice of loss. The court reversed, holding that the n
• Edward T. Byrd & Co., Inc. v. WPSC Venture I
  66 So. 3d 979· Fla. 5th DCA· 2011-06-24 ·cited 2×
  Byrd sought a mortgage brokerage fee for obtaining a loan commitment for WPSC, but the parties disputed whether the fee was due when the loan did not close. The court affirmed summary judgment for WPSC, holding that under the Mortgage Brokerage and Mortgage Lending Act, a 'borrow
• Urban v. State
  46 So. 3d 1113· Fla. 5th DCA· 2010-10-29 ·cited 2×
  Andrew Urban appeals his convictions for cannabis possession and two DUI counts, challenging his sentences under Florida's Youthful Offender Act. The appellate court affirms the convictions but reverses and remands for resentencing because the trial court incorrectly applied an a
• Willy Palmer v. State
  37 So. 3d 977· Fla. 4th DCA· 2010-06-23 ·cited 2×
  The court held that the 2001 amendment to section 948.06(1), Florida Statutes, was not applied retroactively in violation of ex post facto laws because the appellant was placed on probation after the amendment's effective date, even if the offense occurred before.
• McDONALD v. State
  15 So. 3d 695· Fla. 5th DCA· 2009-06-26 ·cited 2×
  The court held that the defendant's plea and supporting evidence established the offense occurred during a period when it was classified as a first-degree felony, despite earlier versions classifying it as a second-degree felony.
• Anderson v. Gannett Co., Inc.
  994 So. 2d 1048· Fla.· 2008-10-23 ·cited 2×
  Florida does not recognize the tort of false light invasion of privacy, rendering the question of its statute of limitations moot. The court approves the result of the First District's decision but not its reasoning.
• Raleigh M. Broadnax v. State
  987 So. 2d 160· Fla. 2d DCA· 2008-07-16 ·cited 2×
  Raleigh Broadnax was convicted of robbery and sentenced to life in prison. The appellate court affirmed the conviction and sentence but reversed in part to strike certain improperly imposed costs that lacked proper oral pronouncement or ability-to-pay determinations.
• United States v. Mason
  510 F. Supp. 2d 923· M.D. Fla.· 2007-05-22 ·cited 2×
  The court held that the Sex Offender Registration and Notification Act (SORNA) is constitutional and not applied retroactively to the defendant, denying his motion to dismiss the indictment.
• Southwood Timber Co. & TIG Specialty Ins. v. Hicks
  959 So. 2d 318· Fla. 1st DCA· 2007-05-17 ·cited 2×
  Southwood Timber Co. and TIG Specialty Insurance appealed a workers' compensation award of attendant care benefits to a T3 paraplegic injured in 1974. The court affirmed that attendant care benefits, including household services, were properly awarded under the 1974 statutory def
• OLD Port Cove Condo. Ass'n ONE, Inc. v. OLD Port Cove Holdings, Inc.
  954 So. 2d 742· Fla. 4th DCA· 2007-05-02 ·cited 2×
  The court held that a 1977 right of first refusal granted to a condominium association is valid and enforceable, rejecting the owner's argument that it violates the common law rule against perpetuities. The court clarified that Florida's statutory repeal of the perpetuities rule
• Henderson v. State
  952 So. 2d 1269· Fla. 2d DCA· 2007-04-13 ·cited 2×
  Sherman Henderson was convicted of possession of marijuana with intent to sell within 1000 feet of a public housing facility. The court reversed because the 1000-foot proximity enhancement did not take effect until after Henderson committed the offense; the applicable 2002 statut
• Pigford v. State
  935 So. 2d 93· Fla. 5th DCA· 2006-08-04 ·cited 2×
  Carl Pigford appealed the denial of his rule 3.850 motion for postconviction relief alleging ineffective assistance of counsel. The court affirmed most of the trial court's rulings but reversed and remanded regarding counsel's failure to request a jury instruction on the 'guilty
• Douglas v. Fla. Power & Light, Inc.
  921 So. 2d 750· Fla. 1st DCA· 2006-02-22 ·cited 2×
  The court denied a petition for certiorari, affirming the Judge of Compensation Claims' order compelling a claimant to submit to a vocational evaluation by the employer/carrier's expert.
• Smith v. Krosschell
  892 So. 2d 1145· Fla. 2d DCA· 2005-01-12 ·cited 2×
  The Property Appraiser lacked statutory authority to retroactively change the base year assessment after a data entry error, as the relevant statute was not retroactive.
• Adamides v. City OF Miami & City of Miami Risk Mgmt.
  885 So. 2d 955· Fla. 1st DCA· 2004-10-28 ·cited 2×
  The court held that the claimant was not entitled to permanent total disability workers' compensation benefits in addition to his pension benefits, as the controlling statute required a reduction of compensation by the amount of pension benefits received.
• Williams v. State
  870 So. 2d 213· Fla. 2d DCA· 2004-03-19 ·cited 2×
  Richard Williams challenged his sentence for methamphetamine trafficking, arguing that the mandatory minimum term imposed under a statute later declared unconstitutional for violating the single-subject rule should be vacated. The court reversed, holding that a statute void ab in
• DeCUBA v. Indian River Cmty. Coll. & Gallagher Bassett Servs., Inc.
  867 So. 2d 1257· Fla. 1st DCA· 2004-03-18 ·cited 2×
  Sherry DeCuba appealed a workers' compensation claim denial, arguing the judge relied on testimony from an independent medical examiner who charged fees exceeding the statutory limit. The court reversed, holding that the IME was disqualified from testifying because he violated th
• Sledge v. Dep't of Child. & Families
  861 So. 2d 1189· Fla. 5th DCA· 2003-12-05 ·cited 2×
  Wayne Sledge appealed a Department of Children and Families final order disqualifying him from employment as a home health aide based on a 1992 cocaine conviction. The ALJ had recommended dismissal, reasoning that Chapter 435 (enacted October 1, 1995) applied only to offenses com
• Glover v. State
  845 So. 2d 258· Fla. 2d DCA· 2003-05-07 ·cited 2×
  The court held that the defendant's motion was facially insufficient because it failed to allege the date of the offense, which is necessary to determine if the offense occurred within the 'Taylor window' for resentencing.
• Dourado v. Ford Motor Co.
  843 So. 2d 913· Fla. 4th DCA· 2003-02-19 ·cited 2×
  Barbara Dourado, as personal representative of her deceased husband's estate, appealed a wrongful death judgment against Ford Motor Company for a defective seatbelt, seeking to increase the damages award. The court affirmed the judgment and all damage determinations, rejecting he
• Penelope DeFREIS v. State
  814 So. 2d 1166· Fla. 4th DCA· 2002-04-17 ·cited 2×
• State of Fla. & Rskco v. Special Disability Tr. Fund
  795 So. 2d 1105· Fla. 1st DCA· 2001-10-04 ·cited 2×
  The Florida District Court of Appeal reversed a workers' compensation order denying the State and RSKCO reimbursement from the Special Disability Trust Fund. The court held that the employer had knowledge of a preexisting permanent impairment and that the 1987 amendment to sectio
• Raoul Webb v. Iva B. Webb
  765 So. 2d 220· Fla. 2d DCA· 2000-07-21 ·cited 2×
  A Florida appellate court addressed whether rehabilitative alimony payments should be included in a former husband's gross income for child support calculations, and whether child support obligations should be retroactively applied to the date a modification petition was filed. T
• Jones v. State
  760 So. 2d 1066· Fla. 3d DCA· 2000-06-21 ·cited 2×
  Herbert Curtis Jones appeals the denial of his postconviction motion to vacate his sentence based on a change in law regarding discretionary sentencing under Florida's habitual offender statute. The Third District Court of Appeal affirms in part and reverses in part, allowing Jon
• Indian River Cnty. Hosp. Dist. v. Indian River Mem'l Hosp., Inc.
  766 So. 2d 233· Fla. 4th DCA· 2000-02-02 ·cited 2×
  The Indian River County Hospital District appealed a trial court decision regarding the validity of a lease with a private nonprofit hospital corporation and Sunshine Law violations. The court affirmed the lease as valid but reversed the trial court's award of attorney's fees, ho
• Mem'l Hospital-West Volusia, Inc. v. News-Journal Corp.
  747 So. 2d 473· Fla. 5th DCA· 1999-12-30 ·cited 2×
  This case involves an appeal concerning the retroactive application of a statute that could exempt a hospital from disclosing certain records and meeting information. The appellate court certified the issue to the supreme court due to its public importance and prior conflicting s
• State of Fla. Dep't OF Env't Prot. v. Allied Scrap Processors, Inc.
  724 So. 2d 151· Fla. 1st DCA· 1998-12-11 ·cited 2×
  The court held that the Water Quality Assurance Act of 1983 (WQAA) liability provisions were intended to apply retroactively to conduct preceding its enactment, and such application does not violate due process.
• Bergelson v. Singletary
  721 So. 2d 1194· Fla. 1st DCA· 1998-11-19 ·cited 2×
  An inmate challenges the retroactive cancellation of 1,500 days of provisional credits awarded by the Florida Department of Corrections as a violation of the Ex Post Facto Clause. The court grants the petition and remands, holding that the Department's retroactive application of
• Agency for Health Care Admin. v. Fla. Coal. OF Prof'l Lab. Orgs., Inc.
  718 So. 2d 869· Fla. 1st DCA· 1998-09-04 ·cited 2×
  The Florida Board of Clinical Laboratory Personnel appealed an administrative law judge's invalidation of proposed rules changing clinical laboratory technician licensure requirements. The First District Court of Appeal reversed, holding that the ALJ applied an incorrect burden o
• Sasson v. The Rockwell Mfg. Co. a foreign corp.
  715 So. 2d 1066· Fla. 3d DCA· 1998-08-05 ·cited 2×
  Appellants Salvador and Morena Sasson appealed a summary judgment dismissing their products liability action based on Florida's repealed statute of repose. The appellate court reversed, holding that the defendants failed to conclusively establish the table saw's original delivery
• City OF Fort Pierce v. Shannon R. Ginn Constr. Co., Inc.
  705 So. 2d 934· Fla. 4th DCA· 1997-12-24 ·cited 2×
  The statute of limitations in section 255.05(2) applies to the payment portion of a statutory bond, but not to the performance aspect.
• Teleco Commc'ns Co. v. Clark
  695 So. 2d 304· Fla.· 1997-05-22 ·cited 2×
  Section 10(c) should withstand constitutional scrutiny because it serves a compelling governmental interest and is permissive, similar to Section 10(a).
• Stuberfield v. State
  690 So. 2d 636· Fla. 4th DCA· 1997-03-05 ·cited 2×
  John Stuberfield, a seventeen-year-old who caused a fatal traffic accident, challenged the retroactive application of 1994 amendments to Florida's sentencing statute that allowed him to be sentenced as an adult. The Fourth District Court of Appeal rejected his ex post facto chall
• Jackson v. State
  707 So. 2d 339· Fla. 1st DCA· 1997-02-23 ·cited 2×
  The court held that the appellant's motion seeking retroactive benefit of Hale was untimely filed more than two years after the Hale decision.
• Coastal Petroleum Co. & Almería T. Cottingham v. Lawton Chiles
  672 So. 2d 571· Fla. 1st DCA· 1996-04-04 ·cited 2×
  Coastal Petroleum Company challenged the Board of Trustees' requirement that it post a $1.9 billion surety bond as a condition for drilling oil and gas on state lands under a 1940s lease. The court held that retroactively applying a 1969 statute to impose a substantial new condit
• Casa DEL MAR and Kemper v. Schneider
  682 So. 2d 146· Fla. 1st DCA· 1996-01-19 ·cited 2×
  The court held that the amended statute regarding independent medical examinations did not apply retroactively to the claimant's injury, but affirmed the award of alternative care because the record supported its reasonableness and necessity.
• Smith v. Singletary
  666 So. 2d 986· Fla. 4th DCA· 1996-01-17 ·cited 2×
  Glenn Smith sought habeas corpus relief claiming ineffective assistance of appellate counsel on multiple grounds. The court found that Smith's sentencing scoresheet erroneously included 20 points for victim injury when the victim was not physically injured, requiring reversal and
• Majors v. State
  658 So. 2d 1234· Fla. 1st DCA· 1995-08-17 ·cited 2×
• Clark v. State
  656 So. 2d 252· Fla. 4th DCA· 1995-06-14 ·cited 2×
  The court reverses and remands Sharon Clark's sentence for reconsideration of gain-time credits upon revocation of community control. The case turns on whether the post-1989 statute allowing forfeiture of gain-time applies to Clark's original offense committed in 1984, and whethe
• Eudilia Gonzalez v. Publix & ITT Specialty Risk Servs.
  654 So. 2d 634· Fla. 1st DCA· 1995-05-05 ·cited 2×
  Gonzalez sought appellate review of a non-final order denying her request for an Independent Medical Examination in a workers' compensation case. The court dismissed the appeal for lack of jurisdiction, holding that the pre-1994 workers' compensation law applied to her February 1
• Curt Allman v. State
  642 So. 2d 1203· Fla. 4th DCA· 1994-10-05 ·cited 2×
  Curt Allman appeals his conviction for violation of probation stemming from a guilty plea to solicitation to deliver cocaine in a reverse sting operation. The court reverses, holding that police manufacture of crack cocaine in the sting operation violated due process and invalida
• Ribas v. State
  641 So. 2d 492· Fla. 2d DCA· 1994-08-19 ·cited 2×
  The court held that the trial court improperly scored victim injury points for contact without penetration, requiring resentencing within the original guidelines range.
• State v. Tremmel
  634 So. 2d 742· Fla. 2d DCA· 1994-03-25 ·cited 2×
  Florida's Department of Highway Safety and Motor Vehicles appeals a mandamus order requiring it to treat a four-time DUI offender as having a ten-year revocation rather than a permanent revocation. The court reverses, holding that under the statute as it existed in 1983, the perm
• Caprio v. Am. Airlines, Inc.
  848 F. Supp. 1528· M.D. Fla.· 1994-03-25 ·cited 2×
  The court granted summary judgment for the defendant on claims under the Civil Rights Act of 1991, dismissed a defendant for failure to serve, and granted partial summary judgment on state tort claims due to the statute of limitations.