Retroactive Application Of Statutes

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

• Allstate Fire & Cas. Ins. Co. v. Hallandale Open MRI, LLC
  253 So. 3d 36· Fla. 3d DCA· 2017-11-29
  Allstate Insurance challenged a Miami-Dade County Court judgment in favor of medical provider Hallandale regarding personal injury protection (PIP) insurance reimbursement rates. The Florida Third District Court of Appeal initially dismissed Allstate's second-tier certiorari peti
• Donovan Jonathan Tillman v. State
  247 So. 3d 523· Fla. 4th DCA· 2017-08-23
  Donovan Tillman, convicted at age 16-17 of sexual battery and lewd molestation of a 5-6 year old cousin, appeals his conviction and 31.125-year sentence. The Fourth District affirmed all convictions and the sentence, rejecting claims that his mother was improperly excluded from t
• Pupo v. Fla. Ins. Guar. Ass'n
  218 So. 3d 999· Fla. 2d DCA· 2017-05-12
  Maria Pupo appealed a final judgment in her breach of contract action against FIGA arising from sinkhole damage to her home. The trial court had limited Pupo's recovery to her policy limits of $135,515, but the parties reached a settlement requiring remand for correction to permi
• Pinder v. State
  217 So. 3d 130· Fla. 3d DCA· 2017-03-15
  Andre Pinder, serving a life plus forty-year sentence for armed burglary and violent crimes against church members, petitioned for a writ of habeas corpus claiming his upward departure sentence was based on witness intimidation charges he was never charged with. The court denied
• Randolph v. State
  199 So. 3d 1127· Fla. 5th DCA· 2016-09-16
  Derrick Randolph, convicted of second-degree murder as a 17-year-old and sentenced to 100 years with a 25-year minimum mandatory, appealed the denial of his motion to correct an allegedly illegal sentence. The court reversed and remanded for resentencing, holding that Miller v. A
• Bissonette v. State
  201 So. 3d 731· Fla. 5th DCA· 2016-09-16
  Roy Bissonette, convicted of first-degree murder as a 16-year-old in 1973 and sentenced to life with parole eligibility after 25 years, challenged his sentence as violating Miller v. Alabama. The appellate court reversed the postconviction denial and remanded for resentencing, fi
• Khristine M. Floray v. Dargan Extensions, LLC
  Del. Super. Ct.· 2016-08-19
  The Delaware Superior Court granted summary judgment for the defendant on all counts. The court found that the defendant was not subject to the Delaware Handicapped Persons Employment Protections Act (DHPEPA) at the time of the alleged discrimination due to the employee threshold
• Santiago v. State
  165 So. 3d 804· Fla. 3d DCA· 2015-05-27
  The Third District Court of Appeal affirmed Santiago's conviction but reversed his sentence after the Florida Supreme Court's decision in Horsley v. State clarified that Chapter 2014-220 applies to juvenile sentences even when the underlying crime predated the statute's effective
• Fla. Ins. Guar. Ass'n, Inc v. Simmons
  157 So. 3d 506· Fla. 5th DCA· 2015-02-13
• Stephen v. State
  150 So. 3d 268· Fla. 2d DCA· 2014-10-29
  Florida appellate court affirmed DUI manslaughter and leaving-the-scene convictions but reversed and remanded the $225 assessment under section 938.05(1) because the 2005 statute authorized only a $200 fine.
• State v. Atiles
  9th Cir. Ct. App. Div.· 2014-08-04
  The State of Florida appealed a hearing officer's dismissal of a red-light camera traffic citation issued by Officer McBryde, arguing the officer had completed subsequent training that should validate her qualifications. The appellate court affirmed the dismissal, holding that an
• Sevila v. First Liberty Ins.
  M.D. Fla.· 2014-03-18
  The court held that the 2011 amendment to Fla. Stat. § 627.706, which defined "structural damage," could not be applied retroactively to an insurance policy that predated the amendment, and that "structural damage" should be interpreted according to its plain meaning as "damage t
• Tressey Jones v. Shadow Trailers
  134 So. 3d 1136· Fla. 1st DCA· 2014-03-18
  In a workers' compensation case, the claimant appealed an order denying his claim for medical-only attorney's fees payable by the employer/carrier under Florida Statute § 440.34(3)(a). The court affirmed the denial, holding that a 2002 statutory amendment establishing a 30-day wa
• Carter v. Fla. Dep't of Fin. Servs.
  117 So. 3d 476· Fla. 1st DCA· 2013-07-19
  The court held that the Department of Financial Services correctly denied the appellant's application for reinstatement of his all-lines adjuster license.
• Driscoll v. State
  111 So. 3d 945· Fla. 2d DCA· 2013-04-19
  Driscoll, a sexual predator on probation for crimes committed in 1994-1995, challenged the trial court's imposition of standard probation conditions under Florida Statute § 948.30(1). The appellate court agreed that these statutory conditions did not apply because the statute's e
• Flescher v. OAK RUN Assocs., Ltd.
  111 So. 3d 929· Fla. 5th DCA· 2013-04-05
  Homeowners in a large-scale Florida development appealed a summary judgment upholding the developer's amendment to their declarations that allowed the developer to retain surplus assessment funds and eliminated its obligation to maintain certain common areas. The Fifth District C
• Blackshear v. State
  86 So. 3d 537· Fla. 2d DCA· 2012-04-13
• U.S. Sec. Ins. Co. v. Prof'l Med. Grp., Inc.
  75 So. 3d 333· Fla. 3d DCA· 2011-11-02
  The Third District Court of Appeal declined to answer a certified question of great public importance regarding the retroactive application of a 2008 statutory amendment limiting no-fault insurance reimbursement and transferred the appeal to the Eleventh Judicial Circuit appellat
• Smith v. Faublas
  69 So. 3d 1075· Fla. 1st DCA· 2011-09-22
• Reynolds v. Commercial Carrier Corp. & Gallagher Bassett Servs., Inc.
  69 So. 3d 310· Fla. 1st DCA· 2011-08-04
• Alliance Nursing Care, Inc. v. State
  64 So. 3d 742· Fla. 3d DCA· 2011-06-29
  The court held that the amended statute's application to a license renewal application was prospective, not retroactive, and therefore did not unconstitutionally impair vested rights.
• Smith
  Del.· 2011-03-14
  The Delaware Supreme Court affirmed the Family Court's award of joint custody, holding that the new legislation (SB 84) recognizing de facto parents was constitutional and properly applied. The Court found that uncodified sections of the bill were operative law, that the legislat
• LeBOEUF v. McNEIL
  49 So. 3d 328· Fla. 1st DCA· 2010-12-03
  Florida appellate court granted certiorari and remanded for reconsideration whether the Department of Corrections could forfeit gain-time credits for a sentence imposed before the forfeiture statutes were enacted.
• Scott v. United States
  740 F. Supp. 2d 1317· S.D. Fla.· 2010-09-15
  Scott sought to vacate his sentence as a career offender under 28 U.S.C. § 2255, arguing that his prior conviction for carrying a concealed firearm did not qualify as a crime of violence. The district court held that although Scott's motion was untimely filed under the AEDPA's on
• Homsey Architects, Inc.
  Del. Ch.· 2010-06-14
  The Court held that the July 2009 amendments to the Delaware Uniform Arbitration Act (DUAA) do not apply retroactively. The Court further found that the parties, through their agreement and course of performance, demonstrated a clear intent for the DUAA to govern their arbitratio
• Jakes v. Orange Cnty. Bd. of Cnty. Comm'rs
  9th Cir. Ct. App. Div.· 2010-02-23
  Johns Stewart Jakes sought a writ of certiorari to overturn the Orange County Board of County Commissioners' decision requiring him to obtain a new dock permit for a jet ski platform he installed adjacent to his permitted boat dock. The appellate court denied his petition, holdin
• Velez v. State
  23 So. 3d 808· Fla. 2d DCA· 2009-12-02
  The court affirmed the denial of Velez's postconviction motion, holding that the Florida Parole Commission had discretionary authority under section 947.1405(6) to impose special conditions on his conditional release supervision for a 1990 offense.
• State v. Cantu
  17 So. 3d 1284· Fla. 2d DCA· 2009-10-02
• Jupiter Ocean & Racquet Club Condo. Ass'n, Inc. v. Courtside Props. of Palm Beach, LLC
  17 So. 3d 854· Fla. 4th DCA· 2009-09-02
  A condominium association appealed a trial court judgment in favor of a lessee, arguing it had the right to cancel a lease under section 718.302, Florida Statutes. The appellate court affirmed the judgment for the lessee, holding that section 718.302 cannot be applied retroactive
• McNULTY v. State
  16 So. 3d 879· Fla. 4th DCA· 2009-07-01
  Thomas McNulty appealed the summary denial of his Rule 3.850 post-conviction motion alleging ineffective assistance of counsel. The Fourth District Court of Appeal reversed and remanded, finding that McNulty failed to allege the necessary threshold factors under State v. Kelly bu
• Borden v. State
  993 So. 2d 131· Fla. 4th DCA· 2008-10-22
  The court affirmed the trial court's order denying relief, finding the appellant's motions to waive costs and fees were without legal basis.
• The Sch. Bd. OF Miami-Dade Cnty. v. Carralero
  992 So. 2d 353· Fla. 3d DCA· 2008-10-01
  The School Board of Miami-Dade County appealed a temporary injunction preventing it from barring an employee from school property after he failed a criminal background screening based on a 1996 nolo contendere plea to child abuse. The court reversed because the employee failed to
• 2008 CV 10
  9th Cir. Ct. App. Div.· 2008-03-07
  Appellants appealed a Code Enforcement Board decision finding their 22-unit apartment building in violation of fire code provisions requiring hard-wired smoke alarms and a fire alarm system. The appellate court affirmed the smoke alarm requirement but remanded the fire alarm syst
• Irvin v. State
  973 So. 2d 576· Fla. 2d DCA· 2008-01-04
  Christine Irvin appealed her first-degree arson conviction and sentence seeking correction of errors in sentencing. The court affirmed her conviction and eight-year sentence plus five years probation, but remanded to strike a $65 cost imposed under a statute that was not effectiv
• Margarejo v. State
  975 So. 2d 508· Fla. 2d DCA· 2007-12-19
  Richard Margarejo appealed the summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, claiming his Miranda warning was constitutionally deficient because it failed to inform him of his right to counsel during questioning. The court
• Marsh v. State
  965 So. 2d 1284· Fla. 2d DCA· 2007-10-17
  Aaron Marsh appealed the trial court's denial of his motion to dismiss and challenged the imposition of certain costs. The appellate court affirmed the denial of the motion to dismiss but reversed the imposition of two costs that were either retroactively applied or imposed witho
• Williams v. State
  966 So. 2d 985· Fla. 2d DCA· 2007-09-19
  Patrick Williams challenged his probation violation sentence as illegal under the Jessica Lunsford Act, arguing the Act's application was unconstitutional. The court affirmed the sentence as lawful but remanded to delete references to the Act from sentencing documents because Wil
• Royal Poinciana v. Town of Palm Beach
  15th Cir. Ct. App. Div.· 2007-05-17
  Royal Poinciana South appeals a Code Enforcement Board citation for violating a Town ordinance requiring rooftop air conditioning units to be sight-screened. The appellate court reversed and remanded because the Town improperly raised for the first time on appeal the grandfatheri
• Stempler v. State
  955 So. 2d 654· Fla. 2d DCA· 2007-05-09
  Appellant Stempler challenged a $201 domestic violence surcharge imposed at sentencing under a statute that became effective after his offenses were committed, arguing it violated the ex post facto clause. The court reversed, finding that costs cannot be imposed under statutes en
• Morton v. Fla. Dep't OF Corr.
  957 So. 2d 667· Fla. 1st DCA· 2007-04-19
  The Florida Supreme Court's First District Court of Appeal held that the Department of Corrections violated the ex post facto clause by retroactively applying a 1983 statute to forfeit 18 years of basic gain-time on an inmate's pre-1983 consecutive sentences. The court found that
• N. Broward Hosp. Dist. v. Haylee Ann Kroll
  940 So. 2d 1281· Fla. 4th DCA· 2006-11-08
  North Broward Hospital District sought certiorari review challenging a trial court order requiring production of incident reports and peer review records in a medical malpractice case. The core issue was whether Florida's Amendment 7, adopted in November 2004, applies retroactive
• State v. Kaion Robinson
  936 So. 2d 1198· Fla. 1st DCA· 2006-08-31
  The State appeals the lower court's decision granting Robinson's motion for a new trial based on ineffective assistance of counsel for failing to object to jury instructions on burglary that contradicted the Florida Supreme Court's holding in Delgado v. State. The First District
• Jennings v. Fla. Elections Comm'n
  932 So. 2d 609· Fla. 2d DCA· 2006-06-30
  James Jennings appealed a final order of the Florida Elections Commission imposing a $9,300 fine for campaign finance violations. The court affirmed the fine on counts 1-26 but reversed counts 27-56, holding that a 2004 statutory amendment limiting the Commission's investigatory
• Whitaker v. State
  914 So. 2d 513· Fla. 2d DCA· 2005-11-23
• Pisani v. Duffin
  909 So. 2d 920· Fla. 4th DCA· 2005-07-06
  Homeowner Pisani appeals a damages judgment in a drowning case, arguing the trial court erroneously allowed the jury to consider inapplicable statutory and zoning violations. The court reversed for a new trial, finding the statute was not retroactive, the zoning violation lacked
• Fla. Dep't OF Educ. & Comm'r Jim Horne v. NYT Mgmt. Servs., Inc.
  895 So. 2d 1151· Fla. 1st DCA· 2005-02-14
  Florida Department of Education appealed a trial court order requiring disclosure of teachers' social security numbers to a newspaper under Florida's public records law. The First District Court of Appeal reversed in part, holding that federal child support enforcement law limits
• Cowins v. Landmark Learning Ctr.
  885 So. 2d 421· Fla. 1st DCA· 2004-10-18
  In this workers' compensation appeal, the court reversed the Judge of Compensation Claims' exclusion of chiropractor Dr. Burak's deposition testimony. The JCC erred in applying a 1992 statutory restriction retroactively to a claimant injured in 1992, when that restriction was not
• BAL Harbour Vill. v. Welsh
  879 So. 2d 1265· Fla. 3d DCA· 2004-08-11
  Bal Harbour Village enacted an ordinance limiting homeowners to two dogs, enacted after problems with unleashed dogs, bites, and barking. William Welsh, who owned four dogs before the ordinance, challenged its enforcement against him as retroactive. The court held that police pow
• Delgado v. State
  884 So. 2d 142· Fla. 2d DCA· 2004-07-16
  The court held that the mandatory minimum sentence imposed under chapter 99-188 was illegal because the statute was void, and the subsequent reenactment could not be applied retroactively.
• Clark v. State
  876 So. 2d 1271· Fla. 2d DCA· 2004-07-09
  Shannon Clark appeals his burglary and attempted burglary convictions and his sentences as a prison releasee reoffender. The court affirmed his convictions but reversed his sentences because the amended Prison Releasee Reoffender Punishment Act was applied retroactively in violat