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

• Universal Prop. & Cas. Ins. Co. v. Jada Griffin
  Fla. 4th DCA· 2026-02-25 ·cited 1×
  In this property insurance dispute, the Fourth District Court of Appeal reversed a final judgment for the insured on the basis that the insured failed to comply with Florida Statute section 627.70152's pre-suit notice requirement, which applies retroactively to policies predating
• Edgardo Acosta v. State
  425 So. 3d 34· Fla. 4th DCA· 2025-12-03 ·cited 1×
  A change in law established by Erlinger v. United States does not apply retroactively to cases on collateral review.
• Wilkes v. State
  423 So. 3d 909· Fla. 4th DCA· 2025-11-19 ·cited 1×
  A change in law established by Erlinger v. United States does not apply retroactively to cases on collateral review.
• Wilson v. State
  423 So. 3d 51· Fla. 4th DCA· 2025-10-22 ·cited 1×
  A change in law established by Erlinger v. United States does not apply retroactively to cases on collateral review.
• Ambrose Calvin v. State
  419 So. 3d 120· Fla. 4th DCA· 2025-09-10 ·cited 1×
  A change in law established by recent Supreme Court precedent does not apply retroactively to cases on collateral review.
• Bell v. State
  421 So. 3d 399· Fla.· 2025-07-08 ·cited 1×
  Michael Bernard Bell, convicted of two first-degree murders in 1993 and sentenced to death, appealed the denial of his successive motion for postconviction relief, which raised claims of newly discovered evidence in the form of Brady and Giglio violations based on alleged witness
• Colby McCoggle v. State
  388 So. 3d 810· Fla. 4th DCA· 2024-04-10 ·cited 1×
  Colby McCoggle, convicted as a juvenile of murder in 1994, appealed his resentencing after his original mandatory life sentence was initially deemed unconstitutional under Miller v. Alabama but later upheld as constitutional under subsequent case law. The appellate court affirmed
• Agency for Health Care Admin. v. Armando R. Payas AD Litem for K.T.
  372 So. 3d 787· Fla. 6th DCA· 2023-10-06 ·cited 1×
  The appellate court reversed a lower court's decision, holding that the trial court lacked subject matter jurisdiction to reduce a Medicaid lien. The court determined that the version of the statute in effect at the time of settlement approval, not the initial payment of benefits
• Aisy Aleu v. Nova Se. Univ., Inc.
  357 So. 3d 134· Fla. 4th DCA· 2023-02-15 ·cited 1×·via Retroactivity Of Statutory Amendments
  The appellate court affirmed a summary judgment for the employer, holding that the employee's civil rights action was time-barred. The court determined that the one-year statute of limitations for filing a civil action began to run when the EEOC issued a "Dismissal and Notice of
• Bourdeau v. State
  341 So. 3d 416· Fla. 2d DCA· 2022-06-03 ·cited 1×
  The appellate court reversed the revocation of Joan Bourdeau's probation, finding that her probation had expired before the alleged violations occurred. The court determined the trial court lacked jurisdiction over the violations due to a tolling error.
• Fabio Nicholas Nugent v. State
  338 So. 3d 459· Fla. 2d DCA· 2022-05-11 ·cited 1×
  The appellate court affirmed the denial of a motion for postconviction relief filed by Fabio Nicholas Nugent, a juvenile offender. Nugent argued his sentences for murder and robbery were illegal and sought resentencing and judicial review, but the court found his sentences were n
• Sparks v. State
  299 So. 3d 1· Fla. 4th DCA· 2020-04-01 ·cited 1×·via Retroactivity Of Statutory Amendments
  A Stand Your Ground immunity hearing conducted before the effective date of the 2017 statutory amendment is governed by the Bretherick standard requiring the defendant to prove immunity by a preponderance of the evidence, not the new clear and convincing evidence standard.
• Vernal Robinson v. In re Est. of John E. Robinson
  298 So. 3d 1202· Fla. 3d DCA· 2020-02-12 ·cited 1×
  The appellate court reversed a probate court's decision to allow a paternity determination via DNA testing, finding the claim was time-barred by the statute of limitations. The court held that a 2009 amendment to the statute, which removed the limitations period for paternity in
• Washington v. State
  44 Fla. L. Weekly D187· Fla. 1st DCA· 2019-07-15 ·cited 1×
  Darnell Perkins Washington was convicted of aggravated assault with a firearm after a trial court denied his Stand-Your-Ground immunity claim under the original burden of proof standard. Washington appealed, arguing he was entitled to a new immunity hearing under the 2017 amendme
• Wendall Hall v. Captain Bush
  268 So. 3d 829· Fla. 2d DCA· 2019-02-20 ·cited 1×
  An order setting aside a clerk's default is not an appealable non-final order and is generally not reviewable by certiorari absent extraordinary circumstances.
• Tynes v. State
  262 So. 3d 851· Fla. 1st DCA· 2018-12-28 ·cited 1×
  Antoinette Tynes sought immunity under Florida's Stand Your Ground law after being charged with attempted first-degree murder for stabbing her boyfriend. The trial court denied her immunity motion using the pre-2017 burden of proof standard. The court granted her petition for wri
• State v. Pascal Estime
  259 So. 3d 884· Fla. 4th DCA· 2018-12-19 ·cited 1×
  The State appealed a trial court's dismissal of sexual battery charges against Pascal Estime based on expiration of the statute of limitations. The central dispute was whether Florida's statute of limitations extension for DNA-identified offenders applied when the victim had prev
• Jackson v. State
  256 So. 3d 975· Fla. 1st DCA· 2018-10-16 ·cited 1×
  Section 782.04(1), Florida Statutes (2016) does not apply retroactively to an arraignment that occurred prior to the amendment.
• Holiday Isle Improvement Ass'n, Inc. v. Destin Parcel 160, LLC
  257 So. 3d 582· Fla. 1st DCA· 2018-10-15 ·cited 1×
  An HOA association appealed an award of attorney's fees and costs to a developer in a declaratory judgment action arising from alleged violations of protective covenants. The court held that the developer, as the prevailing party, was entitled to recover attorney's fees and costs
• Dixon v. Dixon Bellamy
  252 So. 3d 349· Fla. 3d DCA· 2018-07-25 ·cited 1×
  A claim to establish paternity for purposes of intestate succession is barred by the four-year statute of limitations under section 95.11, Florida Statutes, which expires four years after reaching the age of majority. The 2009 amendment to section 732.108(2)(b) that eliminated th
• Roberts v. State
  239 So. 3d 1289· Fla. 2d DCA· 2018-04-04 ·cited 1×
  A sexual predator designation under Florida law cannot be imposed for offenses committed prior to October 1, 1993.
• Anderson v. State
  232 So. 3d 1056· Fla. 1st DCA· 2017-08-28 ·cited 1×
• Wilkinson v. State
  212 So. 3d 500· Fla. 3d DCA· 2017-03-01 ·cited 1×
  Reginald Wilkinson, sentenced to mandatory life imprisonment at age sixteen for first-degree murder in 1994, challenged his sentence as unconstitutional under Miller v. Alabama. The court reversed the mandatory life sentence and remanded for resentencing under Florida's new juven
• McCLOSKEY v. Dep't OF Fin. Servs.
  172 So. 3d 973· Fla. 5th DCA· 2015-08-21 ·cited 1×
  William McCloskey, a small business insurance agent, prevailed in an administrative appeal after the court found he did not violate securities laws by selling viatical settlement agreements. On appeal of the denial of attorney's fees under Florida's Equal Access to Justice Act, t
• Broadspire v. Jones
  164 So. 3d 708· Fla. 1st DCA· 2015-05-08 ·cited 1×·via Retroactivity Of Statutory Amendments
  In this workers' compensation case, the Florida First District Court of Appeal affirmed the trial court's decision to apply the 1981 causation standard (rather than the amended 1994 standard) to Mr. Jones's compensability claim, but reversed and remanded the award of twelve hours
• Perez-Riva v. State
  152 So. 3d 98· Fla. 2d DCA· 2014-11-26 ·cited 1×
  Eduardo Perez-Riva appeals the summary denial of his rule 3.850 postconviction motion alleging ineffective assistance of counsel. The court reversed and remanded on three claims: failure to challenge the search warrant's validity and move to suppress evidence based on the illegal
• CVS EGL Fruitville Sarasota FL, LLC v. Todora
  124 So. 3d 289· Fla. 2d DCA· 2013-09-18 ·cited 1×
  CVS challenged ad valorem tax assessments of its properties, arguing the trial court erroneously applied the abrogated "any-reasonable-hypothesis" standard instead of the statutory framework in section 194.301. The court reversed, holding that the legislature expressly rejected t
• Green v. State
  111 So. 3d 248· Fla. 1st DCA· 2013-04-11 ·cited 1×
  The appellate court reversed a trial court's decision to sentence a defendant as a Sexual Predator. The defendant argued the offenses occurred before the act's effective date, and the state conceded the trial court failed to provide sufficient record evidence to refute this claim
• Rosanna Snider v. Mumford, Inc.
  65 So. 3d 579· Fla. 1st DCA· 2011-07-07 ·cited 1×
  In this workers' compensation appeal, the court addressed whether a 2003 statutory amendment creating an Expert Medical Advisor (EMA) procedure applies retroactively to a 1982 workplace accident. The court held that section 440.13(9) effects a substantive change in the parties' r
• Tahiti Beach Homeowners Ass'n, Inc. v. Pfeffer
  52 So. 3d 808· Fla. 3d DCA· 2011-01-05 ·cited 1×
  The Third District Court of Appeal affirmed a summary judgment in favor of homeowners Pfeffer against Tahiti Beach Homeowners Association's foreclosure action on a $285,000 fine. The court held that Florida Statute § 720.305(2), enacted in 1995 and governing the imposition of fin
• Sims v. State
  36 So. 3d 897· Fla. 4th DCA· 2010-06-09 ·cited 1×
  DUI manslaughter conviction affirmed, but mandatory minimum sentence vacated because the sentencing statute in effect at the time of the offense did not impose a mandatory minimum, only the statute in effect at sentencing did.
• Jeremias Antunez v. Whitfield
  980 So. 2d 1175· Fla. 4th DCA· 2008-04-16 ·cited 1×
  Taxable costs must be included as part of the judgment when determining whether a party received a more favorable award at trial de novo than in non-binding arbitration for the purpose of awarding attorney's fees under the pre-amendment version of section 44.103(6), Florida Statu
• Therrien v. State
  914 So. 2d 942· Fla.· 2005-10-27 ·cited 1×
  The Florida Supreme Court held that a trial court lacks jurisdiction to retroactively designate a defendant as a sexual predator based on offenses that did not qualify for sexual predator status under the law in effect at the time of sentencing, even if later legislative amendmen
• Wells v. State
  908 So. 2d 1124· Fla. 3d DCA· 2005-08-03 ·cited 1×
  David James Wells petitions for a writ of error coram nobis seeking to revisit a prior evidentiary ruling in his conviction in light of a subsequent Florida Supreme Court decision that disapproved of that ruling. The court denies the petition as procedurally barred and untimely,
• Terry v. State
  892 So. 2d 1132· Fla. 1st DCA· 2004-12-30 ·cited 1×
• Mickey A. Palmieri v. State
  872 So. 2d 340· Fla. 2d DCA· 2004-04-16 ·cited 1×
  This case concerns whether a defendant could challenge his sentence under a prior ruling that found a sentencing act unconstitutional. The appellate court affirmed the denial of the challenge, finding the defendant's sentence was not subject to the prior ruling.
• Jones v. State
  862 So. 2d 63· Fla. 2d DCA· 2003-11-05 ·cited 1×
  Florida appellate court reversed a three-year minimum mandatory sentence for cocaine trafficking because the sentencing statute was unconstitutional under the single subject requirement and could not be retroactively applied to offenses committed during the "Taylor window."
• City OF Hollywood v. Nickerson
  830 So. 2d 917· Fla. 4th DCA· 2002-11-20 ·cited 1×
• Kolfenbach v. Mansour
  36 F. Supp. 2d 1351· S.D. Fla.· 1999-02-08 ·cited 1×
  The court held that applying the 1995 Reform Act's bar on securities fraud-based civil RICO claims to a complaint filed after the Act's effective date does not constitute an impermissible retroactive application.
• United States v. Certain Real Prop.
  998 F. Supp. 1438· S.D. Fla.· 1998-02-20 ·cited 1×
  The government is responsible for lost rents, profits, and damages for loss of use and enjoyment during an illegal seizure, and must compensate innocent lienholders for unpaid principal, interest, and fees.
• Chabert v. Jacques Jean Yves BACQUIÉ
  694 So. 2d 805· Fla. 4th DCA· 1997-05-14 ·cited 1×
  This case addresses the recognition of a French judgment in Florida courts under the newly enacted Florida Uniform Out-of-Country Foreign Money-Judgment Recognition Act. The court held that the French judgment was properly recognized, rejecting the defendant's arguments based on
• Cridland v. Singletary
  695 So. 2d 794· Fla. 1st DCA· 1997-05-02 ·cited 1×
  Florida appellate court reversed denial of habeas corpus/mandamus petition, holding that retroactive application of a statute disqualifying prisoner from provisional credits violates ex post facto protections under Lynce v. Mathis.
• Wright v. State
  683 So. 2d 1166· Fla. 4th DCA· 1996-12-18 ·cited 1×·via Retroactivity Of Statutory Amendments
  The court held that the record was insufficient to determine if an amendment to the habitual offender statute applied to the appellant's offense.
• O'Brien v. J.I. Kislak Mortg. Corp.
  934 F. Supp. 1348· S.D. Fla.· 1996-05-09 ·cited 1×·via Retroactive Legislation
  The court held that the plaintiffs failed to meet the requirements for class certification because individual issues predominated over common issues, particularly regarding the agency relationship between the defendant and its correspondents.
• Pride v. Various John Does
  997 F.2d 712· 10th Cir.· 1993-06-15 ·cited 1×
  The court held that the officer's conduct was objectively reasonable under the circumstances, and therefore, summary judgment based on qualified immunity was appropriate.
• Gulfside Distribs., Inc. v. Becco, Ltd.
  985 F.2d 513· 11th Cir.· 1993-03-05 ·cited 1×
  Gulfside Distributors challenged Becco's termination of its Beck's beer distributorship under Florida's beer distribution statute, but the court held that retroactive application of the statute to Gulfside's preexisting oral agreement with Old Dribeck would violate the Florida Co
• City OF Miami v. McLEAN
  605 So. 2d 953· Fla. 1st DCA· 1992-09-30 ·cited 1×
  The City of Miami appealed a workers' compensation award to employee Richard McLean, challenging the retroactive application of Barragan v. City of Miami and the award of costs and penalties under section 440.20. The First District Court of Appeal affirmed the award while certify
• Ayo Martins v. Immigr. & Naturalization Serv.
  972 F.2d 657· 5th Cir.· 1992-09-23 ·cited 1×·via Retroactivity Of Statutory Amendments
  An alien convicted of an aggravated felony is statutorily ineligible for asylum and withholding of deportation, and a conviction of a particularly serious crime is sufficient to establish danger to the community.
• Resolution Tr. Corp. v. Bakker
  801 F. Supp. 706· S.D. Fla.· 1992-09-15 ·cited 1×
  The court held that the amended statute governing RTC removal applies and that the removal was timely.
• Desai v. Siemens Med. Sys., Inc.
  792 F. Supp. 1275· M.D. Fla.· 1992-05-29 ·cited 1×
  The court held that the Civil Rights Act of 1991 applies retroactively to pending cases, allowing the plaintiff to amend his complaint to seek compensatory and punitive damages and a jury trial.