Retroactive Application Of Statutes

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

• Efron v. Milton
  892 So. 2d 497· Fla. 3d DCA· 2004-06-23
  David Efron, as personal representative of his father's estate, appealed a trial court judgment dismissing his accounting and tort claims against Jose Milton and others regarding alleged misconduct in a partnership. The appellate court affirmed, finding no error in abating the le
• Williams v. State
  873 So. 2d 444· Fla. 5th DCA· 2004-04-30
  The retroactive application of a mandatory minimum prison term enacted after the offense date violates the Ex Post Facto Clauses of the Florida and United States Constitutions.
• Downs v. Crosby
  874 So. 2d 648· Fla. 2d DCA· 2004-04-23
  Downs seeks certiorari review of a circuit court order denying his petition for provisional credits on his 1992 guidelines sentences. The court holds that the circuit court erroneously applied the amended version of the provisional credits statute retroactively, violating the Ex
• Anglin v. State
  869 So. 2d 674· Fla. 5th DCA· 2004-04-02
  Michael Anglin appeals his convictions and sentences for robbery with a firearm, aggravated assault on law enforcement officers, and aggravated fleeing or eluding police. The court affirms the convictions and sentences but strikes the three-year minimum mandatory provisions based
• Adams v. State
  869 So. 2d 579· Fla. 2d DCA· 2003-12-19
• Murray v. State
  870 So. 2d 123· Fla. 2d DCA· 2003-12-03
  Justin Murray pleaded guilty to trafficking in cocaine and received a three-year minimum mandatory sentence. The court reversed his sentence, holding that because his offense occurred within the "Taylor window" (between the July 1, 1999 opening and April 29, 2002 closing), the mi
• Glenroy Glasgow v. State
  857 So. 2d 356· Fla. 5th DCA· 2003-10-24
  Glenroy Glasgow appeals his cocaine possession conviction, arguing the trial court erred by failing to instruct the jury that knowledge of the substance's illicit nature is an essential element of the offense. The Fifth District Court of Appeal reversed and remanded for a new tri
• Phillips v. State
  855 So. 2d 192· Fla. 5th DCA· 2003-09-12
  The court held that the corrective statutes reenacting the challenged provisions could be applied retroactively without violating constitutional principles.
• Sandifer v. State
  851 So. 2d 788· Fla. 4th DCA· 2003-07-23
  Larry Charles Sandifer appeals his conviction for sale of cocaine, challenging the trial court's refusal to instruct the jury on knowledge of the illicit nature of the substance as an element of the crime. The court reverses and remands for a new trial because the trial court's d
• Keinz v. State
  870 So. 2d 4· Fla. 2d DCA· 2003-07-11
  Michael Keinz appealed the trial court's denial of his motion challenging three-year minimum mandatory sentences imposed for drug trafficking convictions as unconstitutional. The appellate court agreed that the sentencing statute was unconstitutional and reversed the sentences fo
• Jasinski v. City of Miami
  269 F. Supp. 2d 1341· S.D. Fla.· 2003-06-11
  The court held that the City's administrative charge was validly enacted and retroactively applicable, and did not violate the towing lien statute.
• Hall v. State
  846 So. 2d 1200· Fla. 2d DCA· 2003-06-04
  The court affirmed the trial court's order granting the motion to correct a sentencing error and resentencing the appellant without a minimum mandatory term.
• Williams v. State
  845 So. 2d 264· Fla. 2d DCA· 2003-05-09
  Richard Williams appealed the trial court's dismissal of his Rule 3.800(a) motion challenging a three-year mandatory minimum sentence for methamphetamine trafficking. The appellate court affirmed the dismissal because Williams failed to allege that his offense occurred within the
• Mills v. State
  843 So. 2d 375· Fla. 2d DCA· 2003-05-02
  Thomas Mills challenged a trial court's denial of his motion to correct an illegal sentence, arguing that a mandatory minimum prison sentence for cocaine trafficking was imposed under an unconstitutional statute. The Second District Court of Appeal reversed, holding that Mills pr
• Aiello v. State
  845 So. 2d 950· Fla. 2d DCA· 2003-04-30
  Michael Aiello challenged a mandatory minimum drug trafficking sentence, arguing the underlying statute violated the single-subject rule of the Florida Constitution. The court affirmed the trial court's denial of his motion because Aiello failed to allege that his offense occurre
• Hardy v. State
  845 So. 2d 951· Fla. 2d DCA· 2003-04-30
  Ernest Lee Hardy challenged a three-year mandatory minimum sentence for cocaine trafficking as illegal under Florida Rule of Criminal Procedure 3.800(a), arguing the statute imposing it violated the single subject rule. The Second District Court of Appeal reversed and remanded fo
• Murphy v. State
  849 So. 2d 346· Fla. 2d DCA· 2003-04-30
  Stephen Murphy challenged a mandatory minimum sentence for cocaine trafficking imposed under a statute that was unconstitutionally enacted under the single-subject rule and then retroactively reenacted. The court reversed the trial court's denial of his Rule 3.800(a) motion and r
• Golan v. State
  849 So. 2d 347· Fla. 2d DCA· 2003-04-30
  Joe Alan Golan challenges his three-year mandatory minimum sentence for trafficking in amphetamine, arguing it is illegal under Taylor v. State, which held the sentencing statute unconstitutional under Florida's single subject rule. The court reverses the trial court's dismissal
• Wolfe v. State
  844 So. 2d 698· Fla. 2d DCA· 2003-04-30
  The court held that the defendant failed to present a facially sufficient claim for resentencing because he did not allege the offense date fell within the 'Taylor window'.
• Gilreath v. State
  842 So. 2d 189· Fla. 2d DCA· 2003-03-14
  Gregory Gilreath appealed the denial of his motion for postconviction relief claiming his no contest plea to DUI charges was invalid due to a defect in blood sample handling procedures and a change in law regarding the presumption of impairment. The court affirmed the summary den
• Jackson v. State
  838 So. 2d 594· Fla. 5th DCA· 2003-01-24
  The court held that the defendant's claims were not properly the subject of a writ of error coram nobis and were procedurally barred. The court also found that changes in law regarding jury instructions could not be retroactively applied to his final conviction.
• State v. Eldredge
  801 So. 2d 965· Fla. 4th DCA· 2001-11-21
  The court held that the trial court did not err in refusing to sentence the defendant as a Prison Release Reoffender because he was only convicted of burglary of a dwelling, not specifically an occupied dwelling, and the statutory amendment at issue could not be applied retroacti
• Clark v. State
  793 So. 2d 135· Fla. 2d DCA· 2001-08-22
• Tracfone Wireless, Inc. v. US/Intelicom, Inc.
  100 F. Supp. 64· S.D. Fla.· 2001-08-07
• Shaffer v. State
  789 So. 2d 421· Fla. 4th DCA· 2001-06-20
  John Dale Shaffer appeals the summary denial of his motion for postconviction relief seeking to vacate his conviction for purchasing cocaine within 1000 feet of a school based on alleged governmental misconduct involving illegal manufacture of crack cocaine by law enforcement. Th
• Johnston v. Moore
  789 So. 2d 262· Fla.· 2001-04-12
  David Eugene Johnston, a death row inmate, petitioned for habeas corpus claiming the Florida Supreme Court applied an incorrect standard of review to his ineffective assistance of counsel claim in a prior decision. The court denied the petition, holding that Stephens v. State did
• Trenita Bush v. State
  776 So. 2d 1081· Fla. 4th DCA· 2001-02-07
  Bush's convictions for uttering forged instruments and forgery are affirmed, but her sentence on Count I is reversed and remanded for recalculation under the pre-Criminal Punishment Code sentencing rules because that offense predated the Code's effective date.
• Kerr Constr., Inc. v. Peters Contracting, Inc.
  767 So. 2d 610· Fla. 5th DCA· 2000-09-15
  Kerr Construction appeals a dismissal order based on an allegedly improper venue, where the trial court enforced a forum selection clause in a subcontract requiring disputes to be litigated in Kentucky. The Fifth District Court of Appeal reversed, holding that Florida Statute § 4
• Dupree v. State
  759 So. 2d 678· Fla.· 2000-05-18
  Florida Supreme Court quashed a violent career criminal sentence and remanded for resentencing under the valid laws in effect on the date of the underlying offense, finding the defendant had standing to challenge the statute on single subject rule grounds.
• Lopez-Morgan v. Reno
  1992 WL 64603· S.D. Fla.· 2000-03-23
  The court held that it has subject matter jurisdiction to hear the habeas corpus petition and that the AEDPA was improperly applied retroactively to the petitioner's waiver application.
• English v. State
  755 So. 2d 107· Fla.· 2000-03-23
  Florida Supreme Court quashed a violent career criminal sentence and remanded for resentencing under the valid laws in effect when the offense was committed, based on constitutional defects in the sentencing statute.
• John v. State
  755 So. 2d 105· Fla.· 2000-03-23
  Florida Supreme Court quashed a violent career criminal sentence and remanded for resentencing under the valid laws in effect on the date of the offense, following its decision in State v. Thompson regarding constitutional defects in sentencing legislation.
• Levory W. Hickmon v. State
  754 So. 2d 58· Fla. 5th DCA· 2000-02-18
  The court held that the precedent set in White v. State should be applied to cases in the judicial pipeline at the time White was decided.
• Anthony v. State
  762 So. 2d 528· Fla. 2d DCA· 2000-01-26
  The court held that the decision in State v. Hudson did not apply retroactively to post-conviction proceedings filed beyond the two-year limitation period.
• Gomez v. State
  745 So. 2d 571· Fla. 5th DCA· 1999-12-10
• Gillen v. Moore
  745 So. 2d 394· Fla. 4th DCA· 1999-10-13
• Beaton v. State
  732 So. 2d 5· Fla. 4th DCA· 1999-03-31
• United States v. 302 Cases
  25 F. Supp. 2d 1358· M.D. Fla.· 1998-11-05
  The court held that the claimant met the statutory requirements for reexportation of the condemned shrimp under the law in effect at the time of importation, and a subsequent amendment imposing a new requirement could not be applied retroactively.
• Shoan Brooks v. Fla. Parole Comm'n
  714 So. 2d 1095· Fla. 5th DCA· 1998-06-26
  Shoan Brooks, an inmate, appealed the denial of his habeas corpus petition challenging the retroactive application of a 1996 statutory amendment that allegedly cancelled his control release credits. The appellate court affirmed the denial, holding that mandamus—not habeas corpus—
• Fla. Veterinary Med. Ass'n, Inc. v. Monge
  779 So. 2d 277· Fla. 2d DCA· 1998-06-24
  The court granted rehearing and relinquished jurisdiction to the trial court to determine the application of a new statute.
• Petron v. State
  710 So. 2d 168· Fla. 1st DCA· 1998-04-22
  James Petron appealed the denial of his motion to correct an illegal sentence imposed in 1986 for attempted first-degree murder and other crimes. The appellate court affirmed the denial, holding that Petron's sentence was legal and that a subsequent change in law (Heuring) did no
• Gainer v. Fiddlesticks Country Club, Inc.
  710 So. 2d 76· Fla. 2d DCA· 1998-04-01
  The court reversed a summary judgment foreclosing a homeowners' association lien against a tax deed holder who refused to purchase a required country club membership. The court held that section 617.312, enacted in 1995, cannot be retroactively applied to a tax deed issued in 199
• Vanderblomen v. State
  709 So. 2d 144· Fla. 1st DCA· 1998-03-24
  Vanderblomen challenged the denial of his motion for additional presentencing jail credit applied to three of his four concurrent sentences. The court held that jail credit claims cannot be raised under Rule 3.800(a) unless the sentence exceeds the statutory maximum, but remanded
• Bonifay Mfg. Co. & Claims Ctr., Inc. v. Harris
  691 So. 2d 1170· Fla. 1st DCA· 1997-04-18
• Adkins v. John Hancock Mut. Life Ins.
  957 F. Supp. 211· M.D. Fla.· 1997-01-21
  Claims based on assets held in the defendant's general account are dismissed due to a retroactive ERISA amendment, but claims based on assets held in separate accounts remain viable.
• Metro. Dade Cnty. v. Fonte
  683 So. 2d 1117· Fla. 3d DCA· 1996-12-11
  The court held that the Fontes' entry into the State of Florida Abandoned Tank Restoration Program did not relieve them of their obligations under a prior settlement agreement. The trial court erred in not enforcing the agreed-upon penalty for non-compliance.
• J.L. v. Dep't of Health & Rehabilitative Servs.
  683 So. 2d 653· Fla. 4th DCA· 1996-12-04
  The court held that the amendments to the child abuse reporting statute do not apply retroactively, and therefore, the appellant was entitled to a formal administrative hearing under the prior version of the statute.
• Ravindranauth Sugrim v. State
  680 So. 2d 634· Fla. 4th DCA· 1996-10-16
• Bitterman v. Bitterman
  685 So. 2d 861· Fla. 4th DCA· 1996-10-02
  The estate of Irving Bitterman was heavily litigated between the surviving spouse (Annette) and one of two co-personal representatives (Stephan), resulting in disputes over attorney's fees for an administrator ad litem and estate counsel. The court upheld awards of attorney's fee
• Coastal Petroleum Co. & Almería T. Cottingham v. Dep't of Env't Prot.
  672 So. 2d 574· Fla. 1st DCA· 1996-04-26