Retroactive Application Of Statutes

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

• Eisenhower Prop. Grp., LLC v. Hillsborough Cnty.
  M.D. Fla.· 2021-06-29
  The court denied the defendants' motion to dismiss, finding that the plaintiff's claims were sufficiently pleaded and that factual development was necessary.
• DE Soleil S. Beach Residential Condo. Ass'n, Inc. v. DE Soleil S. Beach Ass'n, Inc.
  Fla. 3d DCA· 2021-06-02
  This case involves a dispute between a residential condominium association and the developer/master association over the interpretation of governing documents and the validity of suspending member voting rights. The appellate court affirmed in part and reversed in part, clarifyin
• DE Soleil S. Beach Residential Condo. Ass'n, Inc. v. DE Soleil S. Beach Ass'n, Inc.
  Fla. 3d DCA· 2021-06-02
  The Residential Association lacked the power to suspend members' voting rights for nonpayment of assessments because the Condominium Declaration, recorded in 2006 with language limiting incorporation of the Condominium Act only "as amended through the date of recording," did not
• Padron-Garcia v. State
  Fla. 3d DCA· 2021-05-26
  Changes in sentencing law that are not constitutional in nature do not apply retroactively to cases that were final when the change was decided.
• SFR Servs., LLC v. Indian Harbor Ins. Co.
  M.D. Fla.· 2021-03-26
  The court held that the Florida statute regulating assignments of benefits applies to assignments executed after its effective date, and that the insurer can challenge the validity of the assignment as a defense, but the assignment is not automatically void for failing to meet ce
• Archer v. State
  309 So. 3d 287· Fla. 5th DCA· 2020-12-17
  Travis Archer appealed the conditions of his probation imposed after he pled no contest to felony animal cruelty resulting in the death of his dog. The Florida District Court of Appeal affirmed the drug offender conditions and animal residency restriction but reversed the lifetim
• Essix v. Secretary, DOC (Lee County)
  M.D. Fla.· 2020-12-14
  The court held that the petitioner's habeas corpus petition was untimely filed and did not qualify for the actual innocence exception, warranting dismissal.
• 78D Team, LLC v. U.S. Bank N.A.
  Fla. 3d DCA· 2020-11-12
  A subsequent purchaser who is neither a party to nor a beneficiary of the original mortgage lacks standing to challenge the constitutionality of foreclosure statutes or the validity of the assignment, and the mortgagee's lost-note affidavit, combined with other evidence, sufficie
• Havana Docks Corp. v. Norwegian Cruise Line Holdings, Ltd.
  S.D. Fla.· 2020-09-01
  Havana Docks Corporation filed suit against Norwegian Cruise Line Holdings under the Helms-Burton Act (Title III) after the suspension of lawsuits under that provision was lifted in May 2019, alleging that NCL trafficked in waterfront property in Havana that the Cuban Government
• Cnty. of Volusia v. DeSantis
  302 So. 3d 1001· Fla. 1st DCA· 2020-08-17
  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
• Javon D. Fudge v. State
  Fla. 1st DCA· 2020-08-12
  An amendment to section 776.032(4) establishing a new burden of proof for stand your ground immunity hearings applies prospectively only and does not apply retroactively to immunity hearings held before the statute's effective date.
• Seabrooks v. United States
  S.D. Fla.· 2020-07-16
  The court adopted the Magistrate Judge's Report and Recommendation, overruling the movant's objections and denying his motion to vacate, set aside, or correct his conviction and sentence.
• Rendon v. U.S. Attorney General
  965 F.3d 1198· 11th Cir.· 2020-07-14
  The court held that 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.
• Horton v. State
  Fla. 2d DCA· 2020-07-08
  The amended Stand Your Ground statute's burden-of-proof change applies only to immunity hearings conducted on or after the statute's effective date and does not apply retroactively to hearings held before the amendment.
• Catalano v. State
  Fla. 2d DCA· 2020-06-19
  Section 776.032(4), Florida's amended Stand Your Ground statute placing the burden on the State to overcome self-defense immunity by clear and convincing evidence, applies only to immunity hearings conducted on or after the statute's effective date and does not apply retroactivel
• Melton v. State
  Fla. 1st DCA· 2020-05-29
  A postconviction court has inherent authority to reconsider and vacate its prior order granting a rule 3.800(a) motion before resentencing is complete, based on an intervening change in controlling law. The law in effect at the time of appeal governs the issues raised, and a sent
• Elder v. State
  Fla. 4th DCA· 2020-05-27
  The trial court abused its discretion by refusing to give a jury instruction on the presumption of reasonable fear for justifiable use of deadly force and by excluding medical testimony regarding the defendant's myasthenia gravis diagnosis, both of which were supported by evidenc
• Gabryl Mark Sullivan v. State
  Fla. 2d DCA· 2020-05-22
  The 2017 amendment to section 776.032, Florida Statutes, which modified the burden of proof at Stand Your Ground immunity hearings, applies only to hearings conducted on or after the statute's effective date and does not apply retroactively.
• Rivera v. State
  Fla. 2d DCA· 2020-05-01
  The 2017 amendment to section 776.032 shifting the burden of proof in Stand Your Ground immunity hearings to the State applies only to hearings conducted on or after the statute's effective date and does not apply retroactively to hearings held before that date.
• Brooks v. State
  15th Cir. Ct. App. Div.· 2020-03-26
  Marie Wilda Brooks sought a writ of prohibition to challenge the trial court's denial of her Stand Your Ground immunity motion, arguing that Florida law does not require her to present evidence to establish a prima facie claim of self-defense immunity. The appellate court held th
• State v. Scharlepp
  Fla. 1st DCA· 2020-03-24
  The State appealed the dismissal of criminal charges against Rachel Scharlepp, who was accused of Medicaid fraud. The trial court found the statute unconstitutional as applied, but the appellate court reversed, holding that the statute did not violate the nondelegation doctrine o
• Simplice v. United State of Am.
  S.D. Fla.· 2020-03-06
  The court held that the petitioner is ineligible for relief under the First Step Act because his offense did not involve crack cocaine and was committed after the relevant date.
• JPJ Cos. v. Hartford Ins. Co. of the Midwest
  S.D. Fla.· 2020-03-03
  The court denied the defendant's motion for reconsideration, finding that the new statute governing attorney's fees did not apply retroactively to the case.
• CMR Constr. & Roofing, LLC v. Hartford Ins. Co. of the Midwest
  S.D. Fla.· 2020-03-03
  The court held that the defendant's motion for reconsideration must be denied because even if the assignment date, rather than the policy issuance date, were the relevant date for determining the applicability of a new statute, the assignment still predated the statute's effectiv
• JPJ Cos. v. Hartford Ins. Co. of the Midwest
  S.D. Fla.· 2020-01-17
  The court held that the defendant's motion to strike the plaintiff's claim for attorney's fees should be denied because the statutory change limiting attorney fees does not apply retroactively to policies issued before its effective date.
• CMR Constr. & Roofing, LLC v. Hartford Ins. Co. of the Midwest
  S.D. Fla.· 2020-01-17
  The court held that the statutory amendment limiting attorney fees does not apply retroactively to insurance policies issued before its effective date.
• Tashara Love v. State
  286 So. 3d 177· Fla.· 2019-12-19
  Section 776.032(4) is a procedural change in law that applies to all Stand Your Ground immunity hearings conducted on or after the statute's effective date, including in pending cases. The statute does not operate retroactively in the constitutional sense because it does not atta
• Williams v. State
  Fla. 1st DCA· 2019-12-03
  The appellate court affirmed a defendant's conviction and sentence for armed robbery but reversed a portion of the costs imposed by the trial court. The court held that the trial court did not err in using a prior version of the jury instruction for eyewitness identification, as
• V. ID. Nos. 1707015283 & 1712012199 Cr. A. Nos. IN17-08-0408
  Del. Super. Ct.· 2019-10-31
  The defendant's motion for sentence reduction or modification, seeking to have his mandatory consecutive sentences for attempted first-degree robbery and possession of a firearm during the commission of a felony (PFDCF) run concurrently, is denied. The court held that Superior Co
• Stapleton v. State
  Fla. 5th DCA· 2019-10-24
  Lester Stapleton appeals the trial court's denial of his motion to correct sentencing error, arguing that amendments to Florida's Savings Clause and the 10-20-Life sentencing statute should be applied retroactively to his case. The court affirmed, holding that the statute in effe
• Francine Liebman v. THE City OF Miami
  Fla. 3d DCA· 2019-07-17
  This case concerns whether certain City of Miami residents and a non-resident had legal standing to sue the City over lease agreements for a development project. The appellate court affirmed the trial court's dismissal, finding that the residents lacked standing because a relevan
• Corry Mency v. State
  Fla. 1st DCA· 2019-06-12
  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
• Manley v. State
  268 So. 3d 275· Fla. 2d DCA· 2019-05-01
  The 2017 amendment to Florida's Stand Your Ground law, section 776.032, applies retroactively to pending criminal cases.
• Delorean Feaster v. State
  Fla. 2d DCA· 2019-04-26
  The 2017 amendment to section 776.032 creating subsection (4) is procedural in nature and applies retroactively to pending cases.
• Young v. Dep't of Child. & Families
  Fla. 4th DCA· 2019-04-17
  The Department of Children and Families lawfully denied an exemption from disqualification for a daycare owner with an aggravated battery conviction under an amended statute that excludes such offenses from exemption eligibility.
• Rivera v. State
  Fla. 2d DCA· 2019-04-12
  Julian Rivera challenges his aggravated battery conviction, arguing he is entitled to a new immunity hearing under Florida's amended Stand Your Ground law. The trial court previously denied his immunity motion using the preponderance of the evidence standard, but the legislature
• Rivera v. State
  275 So. 3d 626· Fla. 4th DCA· 2019-03-27
  Jose Rivera was convicted of first-degree murder and related firearms offenses after shooting at a residential gathering. On appeal, Rivera challenged whether he was entitled to a new Stand Your Ground Law hearing based on a statutory amendment that shifted the burden of proof to
• Robinson v. State
  260 So. 3d 1011· Fla.· 2018-12-20
  Death row inmate Michael Lee Robinson appeals the denial of his successive motion for postconviction relief challenging his death sentence under the Hurst v. Florida decision. Robinson argues his sentence violates the Sixth and Eighth Amendments because he was sentenced to death
• Clark Daniel Mayers v. State
  Fla. 1st DCA· 2018-12-17
  The First District Court of Appeal granted a petition for writ of prohibition in a Stand Your Ground immunity case, holding that Chapter 2017-72 of the Florida Statutes, which shifted the burden of proof from the defendant to the prosecution in immunity proceedings, applies retro
• Doyle Heard v. Dep't of Corr. & the Fla. Comm'n on Offender Review
  264 So. 3d 214· Fla. 1st DCA· 2018-12-14
  Inmate Doyle Heard sought habeas corpus relief challenging the cancellation of his overcrowding credits and the calculation of basic gain-time (BGT) forfeited after his parole revocations. The First District Court of Appeals affirmed the circuit court's denial, holding that the r
• Brown & Brown, Inc. v. Gelsomino
  262 So. 3d 755· Fla. 4th DCA· 2018-11-28
  This case concerns the retroactive application of Florida's abolition of joint and several liability. The court determined that the 2011 amendment to section 768.81, which included explicit language making the abolition of joint and several liability retroactive, applies to this
• Toiran v. State
  256 So. 3d 948· Fla. 3d DCA· 2018-09-26
  Rene Toiran sought a writ of prohibition to prevent prosecution for second degree murder based on Florida's Stand Your Ground Law. The Florida Legislature amended the immunity statute between Toiran's motion and hearing, shifting the burden of proof to the prosecution. The court
• Fuller v. State
  Fla. 5th DCA· 2018-09-24
  Fuller is entitled to a new trial because the cumulative effect of multiple evidentiary errors—admission of his refusal to submit to a voluntary blood draw, evidence suggesting sexual battery, prior drug use evidence, and disparaging statements about the prosecutor—deprived him o
• Lightbourne v. State
  252 So. 3d 702· Fla.· 2018-08-30
  Ian Deco Lightbourne appealed the circuit court's denial of his Rule 3.851 motion seeking postconviction relief based on the Hurst v. Florida decision regarding jury requirements in capital sentencing. The Florida Supreme Court affirmed the denial, holding that prior precedent es
• Bailey v. State
  246 So. 3d 555· Fla. 3d DCA· 2018-05-23
  The June 9, 2017 amendment to section 776.032(4) shifting the burden of proof to the State in Stand Your Ground immunity cases does not apply retroactively to crimes committed before the amendment's effective date.
• Guillaume v. State
  244 So. 3d 416· Fla. 5th DCA· 2018-05-23
  The Fifth District Court of Appeal of Florida granted a petition for a writ of habeas corpus, ordering the trial court to hold a hearing on the petitioner's motion to reduce bail. The court's decision was based on its reasoning in a related case, Moore v. State.
• Pressley Bernard Alston v. State
  243 So. 3d 885· Fla.· 2018-05-17
  Pressley Bernard Alston sought postconviction relief under Hurst v. Florida, which established that jury findings are required for capital sentencing. The Florida Supreme Court affirmed the denial of relief, finding that Alston's 2003 waiver of postconviction proceedings and coun
• Ashear v. Sklarey
  239 So. 3d 786· Fla. 3d DCA· 2018-03-07
  A tax deed may be vacated if the property owner redeems before the deed's execution and recording, but upon vacation, the purchaser is entitled by statute to reimbursement of all sums paid plus twelve percent annual interest from issuance date. The trial court erred in failing to
• Bigham v. State
  238 So. 3d 900· Fla. 1st DCA· 2018-02-23
  A defendant convicted of drug trafficking before a statutory amendment reducing the mandatory minimum sentence cannot benefit from that amendment because the Florida Constitution's Savings Clause requires the statute in effect at the time of the offense to govern the sentence.
• Christin Bilotti v. State
  Fla. 4th DCA· 2018-02-14
  The majority reversed the conviction for second-degree murder based on issues resolved in Pacchiana v. State. A dissenting judge would have reversed and remanded for resentencing under section 921.1402, which he concluded applies retroactively to juvenile offenders sentenced to l