Retroactive Application Of Statutes

2,390 Florida cases classified under this topic, plus 320 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• CRC 603, LLC v. N. Carillon, LLC
  77 So. 3d 655· Fla. 3d DCA· 2011-09-07 ·cited 3×·via Retroactivity Of Statutory Amendments
  CRC 603 and CRC 1103 sought to void luxury condominium purchase contracts based on alleged violations of Florida's escrow requirements under section 718.202. The court held that the 2006 statute required separate escrow accounts for deposits up to 10% and deposits exceeding 10%,
• Blaesser v. State Bd. OF Admin.
  134 So. 3d 1013· Fla. 1st DCA· 2010-07-01 ·cited 3×
  Robert Blaesser, a retired FRS member who took a lump-sum distribution from his Investment Plan account, sought to renew his FRS membership when he returned to work with an FRS-covered agency after July 1, 2010. The court affirmed the State Board of Administration's denial of his
• Lawson v. Plantation Gen. Hosp., L.P.
  704 F. Supp. 2d 1254· S.D. Fla.· 2010-03-30 ·cited 3×
  The court held that a genuine issue of material fact exists regarding whether the plaintiff's transfer constituted an adverse employment action, thus denying summary judgment on that claim.
• Carbajal v. State
  28 So. 3d 187· Fla. 2d DCA· 2010-02-24 ·cited 3×
  David Carbajal challenged his 2002 drug conviction via a postconviction motion arguing the circuit court lacked jurisdiction because the Statewide Prosecutor was without authority to prosecute crimes occurring in a single judicial circuit. The Florida District Court of Appeal aff
• Bell Care Nurses Registry, Inc. v. Cont'l Cas. Co.
  25 So. 3d 13· Fla. 3d DCA· 2009-11-12 ·cited 3×
  Bell Care Nurses Registry appeals a summary judgment denying coverage for home health aide services under a long-term care insurance policy. The court reverses, holding that Florida's statutory minimum standards for home health care benefits, enacted in 1992, apply to the policy
• Deatherage v. State
  15 So. 3d 775· Fla. 2d DCA· 2009-07-17 ·cited 3×
  Randall Deatherage appealed a postconviction order dismissing his Rule 3.800(a) motion challenging his felony convictions for driving with a suspended license. The court reversed in part, holding that while the postconviction court should have treated his claim as a Rule 3.850 mo
• United States v. Madera
  474 F. Supp. 2d 1257· M.D. Fla.· 2007-01-16 ·cited 3×
  The court held that the Adam Walsh Child Protection and Safety Act of 2006, including SORNA, is constitutional and applies retroactively to the defendant.
• Lester v. State
  923 So. 2d 596· Fla. 5th DCA· 2006-03-24 ·cited 3×
• Wallace v. Allstate Indem. Co.
  920 So. 2d 50· Fla. 5th DCA· 2005-12-16 ·cited 3×
  Wallace appealed a trial court decision allowing Allstate to offset uninsured motorist benefits by PIP benefits paid, reducing her $11,300 verdict to zero. The court reversed and remanded, holding that under the Florida Supreme Court's decision in Caruso v. Baumle, the collateral
• Morrow v. State
  914 So. 2d 1085· Fla. 4th DCA· 2005-11-30 ·cited 3×
  Edward Morrow appeals a trial court order requiring him to submit blood and saliva samples for DNA testing under Florida Statute § 943.325, thirteen years after pleading guilty to false imprisonment. The appellate court affirms, holding that the DNA testing requirement does not v
• Camilo v. State
  839 So. 2d 798· Fla. 2d DCA· 2003-02-28 ·cited 3×
• Ryan v. State
  747 So. 2d 434· Fla. 4th DCA· 1999-12-15 ·cited 3×
  Patricia Ryan challenges a sentence imposed for a firearm-possession offense, arguing it was illegal because the jury verdict and original judgment classified the crime as a third-degree felony (weapon possession) rather than a second-degree felony (firearm possession), making th
• Mayers v. Reno
  977 F. Supp. 1457· S.D. Fla.· 1997-08-25 ·cited 3×
  Federal district courts lack subject matter jurisdiction to review final orders of deportation for aliens deportable due to certain criminal offenses, as AEDPA and IIRIRA have divested such jurisdiction, including habeas corpus review.
• United States v. Searle
  974 F. Supp. 1433· M.D. Fla.· 1997-08-13 ·cited 3×
  The court held that the defendant's motion to vacate his sentence under 28 U.S.C. § 2255 is denied because his claims are procedurally barred, time-barred, or fail on the merits, and he has not made a substantial showing of the denial of a constitutional right for a certificate o
• Brown v. State
  634 So. 2d 735· Fla. 1st DCA· 1994-03-24 ·cited 3×
  The court held that the Smith decision, requiring retrospective application of new rules to non-final cases, mandates reversal and remand for resentencing in this case, which was pending on direct appeal when Ree was decided.
• M.K. Foreman v. Russo
  624 So. 2d 333· Fla. 4th DCA· 1993-09-08 ·cited 3×
  A sanitation worker injured when a car struck his employer's garbage truck sued the corporate officers for gross negligence, arguing they were not entitled to workers' compensation immunity. The jury found three officers grossly negligent, and the appellate court affirmed, holdin
• Warner v. Zent
  997 F.2d 116· 6th Cir.· 1993-06-07 ·cited 3×
  The court held that applying a judicial interpretation of a criminal statute retroactively, which was not foreseeable from the statute's plain language, violates the Due Process Clause by depriving the defendant of fair warning.
• Sussman v. Salem, Saxon & Nielsen, P.A.
  815 F. Supp. 1447· M.D. Fla.· 1993-03-08 ·cited 3×
  The court held that the provisions of the Civil Rights Act of 1991, including rights to compensatory/punitive damages and a jury trial, apply prospectively only, not retroactively.
• United States v. Higgins
  987 F.2d 543· 8th Cir.· 1993-03-08 ·cited 3×
  The court held that 28 U.S.C. § 2044 was properly applied to the defendant's bond deposit, as it is a procedural statute and its application was not retroactive. The court also found that the statute does not violate the Eighth Amendment's prohibition against excessive bail.
• Burke v. Jacoby
  981 F.2d 1372· 2d Cir.· 1992-12-29 ·cited 3×
  The court affirmed the dismissal of the plaintiff's securities and state law claims, finding no error in the district court's application of statutes of limitations, reliance, causation, or remedies.
• Selvage v. Collins
  975 F.2d 131· 5th Cir.· 1992-10-02 ·cited 3×
  The court held that the perceived futility of raising 'Penry' claims does not constitute cause to excuse a procedural default in a federal habeas petition, as such claims were reasonably available.
• Leland v. Fed. Ins. Adm'r
  934 F.2d 524· 4th Cir.· 1991-05-22 ·cited 3×
  The court held that the Upton-Jones amendment to the National Flood Insurance Act does not apply retroactively to cover losses that occurred prior to its effective date, and the 'loss-in-progress' principle bars coverage for losses already underway.
• Henry v. Dugger
  574 So. 2d 1103· Fla. 1st DCA· 1990-11-06 ·cited 3×·via Retroactivity Of Statutory Amendments
  Willie C. Henry sought mandamus review challenging the Department of Corrections' denial of administrative gain time based on a prior sexual battery conviction whose sentence had fully expired. The court held that although Henry would have qualified for gain time under the 1987 s
• Dunham v. M/V Marine Chemist
  812 F.2d 212· 5th Cir.· 1987-03-11 ·cited 3×·via Retroactive Legislation
  Congress's retroactive amendment of the penalty wage statute, which extinguished a seaman's claim for wage penalties, did not constitute a Fifth Amendment taking because the maritime lien securing the claim vanished with the invalidated claim.
• Union Mfg. Co., Inc. v. United States Int'l Trade Comm'n
  781 F.2d 186· Fed. Cir.· 1985-12-17 ·cited 3×
  The court held that Union's appeal of the ITC's final determination was not barred by the newly enacted 60-day statute of limitations, nor by laches, and denied the ITC's motion to dismiss.
• Fla. Patient's Comp. Fund v. von Stetina
  474 So. 2d 783· Fla.· 1985-05-16 ·cited 3×
  Florida Patient's Compensation Fund challenged a $12.47 million medical malpractice verdict against Florida Medical Center for injuries to Susan Von Stetina, who suffered severe brain damage due to alleged respiratory equipment failure. The Florida Supreme Court upheld the consti
• McCORKLE v. The United States & Conrad Weihnacht Constr. Co.
  737 F.2d 957· 11th Cir.· 1984-07-26 ·cited 3×
  The court held that the Georgia Workers' Compensation Act's exclusivity provision bars tort claims against a statutory employer, whether direct or indirect, and that the owner of premises is not typically a statutory employer unless also acting as a contractor.
• Ass'n OF Golden Glades v. Golden Glades Club Rec. Corp.
  441 So. 2d 154· Fla. 3d DCA· 1983-04-26 ·cited 3×
• Cohen v. Katsaris
  530 F. Supp. 1092· N.D. Fla.· 1982-01-07 ·cited 3×
  The court held that applying a judicial construction of the trespass statute that unforeseeably broadened its scope to criminalize conduct that occurred prior to the construction violates the Due Process Clause of the Fourteenth Amendment.
• G. E. J. v. State
  401 So. 2d 1325· Fla.· 1981-07-23 ·cited 3×·via Retroactivity Of Statutory Amendments
  Twenty-seven juvenile appellants were convicted of escape from the Jacksonville Youth Development Center under Florida statute 39.112. The Florida Supreme Court affirmed the convictions and rejected constitutional challenges to the escape statute, holding that the Center qualifie
• Condit v. United AIR Lines, Inc.
  631 F.2d 1136· 4th Cir.· 1980-09-10 ·cited 3×
  The court held that United's policy of withholding sick leave and disability benefits from pregnant employees did not violate Title VII, and the Pregnancy Discrimination Act should not be applied retroactively.
• Reverend Chester C. Thompson v. Washington
  D.D.C.· 1977-02-15 ·cited 3×
  The court held that while restitution for past rent increases was not warranted due to equitable considerations and reliance interests, a forward-looking reevaluation of the current rent schedule was necessary in one case to ensure future rents were not excessive.
• Perez v. Am. Mut. Liab. Ins. Co.
  288 So. 2d 541· Fla. 2d DCA· 1973-12-12 ·cited 3×
  A mother sued for damages resulting from her five-year-old son's death in a motor vehicle accident, claiming loss of the child's prospective estate. The jury awarded only funeral expenses ($1,520) with no damages for lost prospective earnings, and the appellate court reversed, ho
• Nita S. Vela v. Gov't Emps. Ins. Co.
  395 F.2d 437· 9th Cir.· 1968-05-06 ·cited 3×
  The court held that Guam's direct action statute does not authorize suit against an insurer if the action against the insured tortfeasor abated due to death, and that Guam Civil Code § 956 should not be applied retroactively.
• United States v. Lindsay
  202 F.2d 239· 1st Cir.· 1953-02-26 ·cited 3×
  The court held that the six-year statute of limitations in the Commodity Credit Corporation Charter Act began to run when the cause of action accrued, not when the statute became effective, thus barring the suit.
• Kindleberger v. Lincoln Nat. Bank of Wash.
  D.D.C.· 1946-04-29 ·cited 3×
  The statute's purpose is to protect a living beneficiary against the insured's creditors, not to direct proceeds to a deceased beneficiary's estate when they predecease the insured.
• Culmer v. Off. Realty Co.
  137 Fla. 675· Fla.· 1939-05-16 ·cited 3×
  The Florida Supreme Court upheld the lower court's decision striking portions of the defendant's answer in a tax foreclosure suit, holding that a 1935 statute restricting State sales of tax certificates for homestead properties was repealed and that the repeal applied retroactive
• Fla. Atl. Univ. Bd. of Trs. v. Harbor Branch Oceanographic Inst. Found., Inc.
  423 So. 3d 842· Fla.· 2025-12-04 ·cited 2×
  The Florida Supreme Court reversed the Fourth District Court of Appeal in part, holding that a 2018 statute and Board of Governors regulation do not unconstitutionally impair the Foundation's memorandum of understanding with Florida Atlantic University. Although the statute grant
• Secrist v. Secrist
  421 So. 3d 781· Fla. 5th DCA· 2025-09-22 ·cited 2×
  A divorce petition remains pending under the alimony statute until the trial court enters final judgment, and the amended alimony statute applies to petitions pending on or after July 1, 2023. Premarital contributions to a retirement plan are not marital assets subject to equitab
• United States v. Williams
  63 F.4th 908· 11th Cir.· 2023-03-23 ·cited 2×·via Retroactive Application Of Sentencing Statutes
  The First Step Act grants district courts discretion to deny sentence reduction motions, and a district court's denial is not a per se abuse of discretion, even if the sentence exceeds statutory maximums after subsequent legislative changes.
• United States v. Pinkney Clowers, III
  62 F.4th 1377· 11th Cir.· 2023-03-14 ·cited 2×
  A district court cannot reduce a sentence under the First Step Act if the defendant would have received the same mandatory statutory penalty under the Fair Sentencing Act, and the court is bound by prior drug-quantity findings that could have been used to determine that penalty.
• Nakia Johnson v. State
  354 So. 3d 547· Fla. 4th DCA· 2023-01-04 ·cited 2×
  The appellate court affirmed the revocation and termination of probation but reversed a portion of the sentencing related to costs. The court held that prior convictions should be scored based on their classification at the time of the original conviction, not based on subsequent
• Water Damage Express, LLC v. First Protective Ins. Co.
  336 So. 3d 310· Fla. 4th DCA· 2022-03-16 ·cited 2×
  A modular home does not fall within the definition of 'mobile home' under the Town of Fishkill zoning ordinance, and the town's denial of a building permit for modular home construction outside a mobile home park was erroneous.
• State v. Michaud
  320 So. 3d 860· Fla. 2d DCA· 2021-04-16 ·cited 2×·via Retroactive Application Of Sentencing Statutes
  A juvenile offender sentenced to life with possibility of parole after 25 years is not entitled to sentence review under section 921.1402 when the sentence has been determined to be constitutional under Miller v. Alabama and Graham v. Florida, and the offense occurred prior to Ju
• Rendon v. U.S. Attorney General
  972 F.3d 1252· 11th Cir.· 2020-08-26 ·cited 2×
  Applying the stop-time rule to a pre-IIRIRA conviction, where the conviction did not immediately render the alien deportable, has an impermissibly retroactive effect.
• Cnty. of Volusia v. DeSantis
  302 So. 3d 1001· Fla. 1st DCA· 2020-08-17 ·cited 2×
  The court reviewed a case where Volusia County challenged a 2018 constitutional amendment that eliminated home-rule powers regarding county constitutional officers. The court affirmed that the amendment applied prospectively and was not retroactive, but reversed the trial court's
• Haar v. State
  295 So. 3d 327· Fla. 5th DCA· 2020-04-16 ·cited 2×
  Robert Haar appeals his conviction for sexual battery on a 14-year-old victim. The Fifth District Court of Appeal affirms his conviction but remands to correct a scrivener's error in the costs judgment, where the trial court intended to strike an indigent defense cost but the cle
• Rivera v. State
  300 So. 3d 757· Fla. 4th DCA· 2020-03-11 ·cited 2×
  The amendment to section 776.032 constitutes a substantive change in law that applies prospectively only, not retroactively to trials completed before the amendment's effective date.
• Corry Mency v. State
  292 So. 3d 1· Fla. 1st DCA· 2019-06-12 ·cited 2×
  The trial court did not err in ruling on the defendant's self-defense immunity claim, and any error at the immunity hearing was mooted by the proper jury instruction and full litigation of the self-defense claim at trial. The defendant's argument that the trial court failed to as
• Tillman v. State
  43 Fla. L. Weekly D2764· Fla. 2d DCA· 2019-03-13 ·cited 2×
  # LEGAL BRIEF **Tillman v. State of Florida**, 2D16-5566 (Fla. 2d DCA Mar. 13, 2019): The Second District Court of Appeal held that the 2017 amendment to Florida's "Stand Your Ground" law (§ 776.032) applies retroactively to pending cases and is procedural in nature, reversing t