Retroactivity Of Statutory Amendments

160 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Austin Bldg. Co. v. Rago, Ltd.
  63 So. 3d 31· Fla. 3d DCA· 2011-04-27 ·cited 2×
  ABC and Rago disputed enforceability of a subcontract for concrete work on a construction project, with each asserting the other was an unlicensed contractor under Florida law. The Third District Court of Appeal reversed summary judgments against both parties, finding genuine iss
• Small v. State
  56 So. 3d 52· Fla. 4th DCA· 2011-02-02 ·cited 2×
  The court held that the information sufficiently alleged facts supporting the Office of Statewide Prosecutor's jurisdiction, and the appellant's admission of facts during the plea colloquy further established this jurisdiction.
• Kenniasty v. Bionetics Corp.
  10 So. 3d 1183· Fla. 5th DCA· 2009-06-10 ·cited 2×
  Frank Kenniasty and Deitz and Moore appeal a trial court's award of attorney's fees and costs under Section 57.105, Florida Statutes. The Fifth District Court of Appeal reversed the award, finding that Bionetics failed to comply with the safe harbor notice requirement and that th
• LEE Cnty. Parks & Recreation/LEE Cnty. Bd. OF Cnty. Comm'rs & Gallagher Bassett Servs., Inc. v. Fifer
  996 So. 2d 229· Fla. 1st DCA· 2008-10-29 ·cited 2×
  In this workers' compensation appeal, the court addresses whether an employer/carrier can unilaterally suspend permanent total disability (PTD) benefits that were voluntarily paid without an adjudication of entitlement, and whether a claimant proved entitlement to such benefits.
• Henry v. State
  857 So. 2d 344· Fla. 2d DCA· 2003-10-22 ·cited 2×
  Reginald Henry appealed his convictions for multiple offenses arising from an attack on correctional officers. The court affirmed his convictions but reversed the prison releasee reoffender (PRR) sentences, finding that the statutory amendment under which he was sentenced violate
• Badger v. State
  798 So. 2d 890· Fla. 4th DCA· 2001-11-07 ·cited 2×
  Oscar Badger was convicted of aggravated assault on a law enforcement officer, fleeing an officer, and felony driving with license suspended (DWLS). The Fourth District affirmed the assault and fleeing convictions but reversed the felony DWLS conviction because predicate convicti
• Nancy v. Limner
  709 So. 2d 154· Fla. 4th DCA· 1998-03-25 ·cited 2×
  A mortgagee's liability for unpaid condominium assessments is limited by section 718.116, Florida Statutes, to the lesser of six months of unpaid assessments or one percent of the original mortgage debt, and this limitation applies to a former unit owner who took back a first mor
• Kison Evans v. State
  672 So. 2d 554· Fla. 5th DCA· 1996-03-15 ·cited 2×
  Evans, sentenced as an adult while a minor, appealed the denial of his Rule 3.850 post-conviction motion claiming the trial court failed to enter written findings as required by statute before imposing adult sanctions. The court held that the allegation was legally sufficient and
• Nestor Omar Barreiro v. Immigr. & Naturalization Serv.
  989 F.2d 62· 1st Cir.· 1993-03-31 ·cited 2×
  The court held that the amendment barring waivers for aggravated felonies applies retroactively to petitioner's conviction, even though most of his sentence was served before the amendment's enactment.
• Alphonsa Taylor v. State
  543 So. 2d 366· Fla. 1st DCA· 1989-05-16 ·cited 2×
  Florida appellate court affirmed dual convictions for attempted second-degree murder with a firearm and shooting into an occupied dwelling, holding that the convictions did not violate double jeopardy because they arose from separate criminal offenses under amended Florida Statut
• City OF Panama City v. Fla. Dep't OF Transp.
  477 So. 2d 646· Fla. 1st DCA· 1985-10-18 ·cited 2×
  The City of Panama City appealed an order denying its motion to dismiss or change venue in a wrongful death action. The circuit court transferred the case to Leon County (where the Department of Transportation's principal headquarters is located) pursuant to the state's governmen
• Carpenter v. Continental Trailways
  635 F.2d 578· 6th Cir.· 1980-12-18 ·cited 2×
  The court held that an employer's forced retirement under a bona fide pension plan, prior to the 1978 ADEA amendments, did not violate the Age Discrimination in Employment Act, even if age was the sole factor, provided the plan was not a subterfuge.
• Tarralene Burroughs and Charles Burroughs v. Bd. OF Trs. OF Alachua Gen. Hosp. & Herbert Wagemaker, M.D.
  328 So. 2d 538· Fla. 1st DCA· 1976-03-11 ·cited 2×
  Plaintiffs injured by an automobile driven by a psychiatric patient granted on day pass sued the hospital and physician for negligence. The court reversed summary judgments for defendants, holding that the 1971 Baker Act's immunity provision protected only the patient-provider re
• Aisy Aleu v. Nova Se. Univ., Inc.
  357 So. 3d 134· Fla. 4th DCA· 2023-02-15 ·cited 1×
  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
• Sparks v. State
  299 So. 3d 1· Fla. 4th DCA· 2020-04-01 ·cited 1×
  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.
• 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.
• Broadspire v. Jones
  164 So. 3d 708· Fla. 1st DCA· 2015-05-08 ·cited 1×
  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
• Wright v. State
  683 So. 2d 1166· Fla. 4th DCA· 1996-12-18 ·cited 1×
  The court held that the record was insufficient to determine if an amendment to the habitual offender statute applied to the appellant's offense.
• Ayo Martins v. Immigr. & Naturalization Serv.
  972 F.2d 657· 5th Cir.· 1992-09-23 ·cited 1×
  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.
• Hart v. State
  Fla. 2d DCA· 2025-11-07
  The Office of the Statewide Prosecutor lacked jurisdiction to prosecute Hart because his alleged crimes of making a false affirmation in connection with voter registration and voting as an unqualified elector occurred entirely within a single judicial circuit (Hillsborough County
• Alexander v. State
  417 So. 3d 368· Fla. 4th DCA· 2025-07-23
  The trial court's use of 2022 amended statutory definitions of sexual conduct in jury instructions for crimes charged under 2020 statutes did not constitute fundamental error for the sexual battery count (Count III) because the victim's specific testimony about vaginal contact li
• Harlow v. State
  Fla. 2d DCA· 2023-02-24
  Richard Harlow appealed the denial of his motion to correct an illegal sentence, arguing his sexual predator designation was improper. The appellate court affirmed the denial, not on the merits of his claim, but because his motion was facially insufficient.
• Aisy Aleu v. Nova Se. Univ., Inc.
  Fla. 4th DCA· 2023-02-15
  When an administrative agency issues a right-to-sue notice stating it is unable to conclude that the information establishes violations but does not make a specific determination that no reasonable cause exists, section 760.11(8) applies, allowing the complainant to proceed as if
• Robinson v. State
  Fla. 5th DCA· 2021-04-22
  The appellate court affirmed a defendant's sentence for drug trafficking, holding that a statutory amendment reducing the minimum weight for the offense did not apply retroactively to his case. The court remanded for correction of a scrivener's error in the judgment.
• Tate v. State
  Fla. 5th DCA· 2019-07-12
  A defendant is entitled to a new pretrial Stand Your Ground immunity hearing under the 2017 amendment to section 776.032(4), Florida Statutes, where the State bears the burden of proof.
• Anderson v. State
  274 So. 3d 1194· Fla. 5th DCA· 2019-06-14
  Florida appellate court barred pro se appellant from filing further pleadings in his criminal case due to abuse of process through repetitive, frivolous filings.
• 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.
• Whitham v. State
  Fla. 2d DCA· 2019-04-17
  Tyler James Whitham pleaded no contest to improper exhibition of a firearm while reserving the right to appeal the denial of his Stand Your Ground motion to dismiss. The Second District Court of Appeal reversed and remanded for a new immunity hearing, holding that the 2017 amendm
• 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
• Sexton v. State
  254 So. 3d 1096· Fla. 3d DCA· 2018-08-29
  A trial court does not abuse its discretion by applying the Stand Your Ground law in effect at the time of the conduct rather than a retroactively amended version, where bound by controlling appellate precedent.
• 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.
• Tymothy Ray Martin v. State
  Fla. 2d DCA· 2018-05-04
  The 2017 amendment to section 776.032 shifting the burden of proof in Stand Your Ground immunity hearings from the defendant to the State is procedural in nature and therefore applies retroactively to cases pending on appeal at the time of the amendment's enactment. A defendant w
• City OF Miami Springs & Miami-Dade Cnty. v. Sanchez
  2 So. 3d 383· Fla. 1st DCA· 2008-12-31
  The City of Miami Springs and Miami-Dade County appealed a workers' compensation judge's decision regarding whether an injured claimant was entitled to permanent total disability (PTD) supplemental benefits after reaching age 65. The court affirmed the decision on the first issue
• Lopez v. State
  925 So. 2d 1105· Fla. 2d DCA· 2006-04-05
  Edward Lopez challenged his 1999 prison releasee reoffender sentence for burglary of an unoccupied dwelling under Rule 3.800(a), which was successful. On resentencing, the trial court improperly increased his sentence on a separate burglary tools conviction from ten years to fift
• Scott v. State
  835 So. 2d 1247· Fla. 2d DCA· 2003-01-29
• West v. State
  818 So. 2d 637· Fla. 1st DCA· 2002-06-06
  Kenneth West appealed the denial of his motion to correct an illegal sentence imposed under Florida's Prison Releasee Reoffender Act. The court reversed because West's burglary of a dwelling conviction did not specify the dwelling was occupied, making him ineligible for the enhan
• Anderson v. State
  798 So. 2d 764· Fla. 2d DCA· 2001-08-15
• Marusak v. State
  789 So. 2d 1015· Fla. 2d DCA· 2000-08-30
• Bryan v. State
  765 So. 2d 184· Fla. 3d DCA· 2000-07-19
  Defendant's appeal of denial of postconviction relief is affirmed because he was not adversely affected by the amendments to Florida's habitual violent offender statute in chapter 95-182.
• Moye v. State
  658 So. 2d 650· Fla. 2d DCA· 1995-07-28
  The court held that upon revocation of a "true split sentence," the trial court is limited to imposing a sentence not exceeding the balance of the suspended term.
• Errol Perry v. State
  653 So. 2d 1114· Fla. 5th DCA· 1995-04-21
  Errol Perry was sentenced to 30 years in prison for sexual battery, kidnapping, and uttering a forgery committed in 1990. The Florida Fifth District Court of Appeal vacated his sentences because the trial court improperly included 40 victim injury points for 'penetration' alone u
• Nelson v. State
  638 So. 2d 184· Fla. 4th DCA· 1994-06-15
  The court held that extraordinary psychological trauma suffered by the victim, extending beyond trauma inherent in the crime, provided a valid basis for a departure sentence.
• Townsend v. Ind. Univ.
  995 F.2d 691· 7th Cir.· 1993-06-04
  The court held that a plaintiff need not be terminated to have a remedy under Title VII for sexual harassment, and lost wages due to distress are recoverable.
• Martin v. United States
  989 F.2d 271· 8th Cir.· 1993-03-17
• Savoury v. State
  616 So. 2d 8· Fla.· 1993-01-21
• Nobles v. White Cnty.
  973 F.2d 544· 7th Cir.· 1992-08-24
  The court held that White County could be liable for failing to warn of a sight obstruction at an intersection under the pre-1986 version of the Local Governmental and Governmental Employees Tort Immunity Act, and that proximate cause was a jury question.
• Slawomir Zegarski v. Immigr. & Naturalization Serv.
  965 F.2d 426· 7th Cir.· 1992-06-10
  The court held that the aggravated felony exception to the automatic stay of deportation is retroactive, and thus, the petitioner is not entitled to an automatic stay.
• Jackson v. State
  581 So. 2d 237· Fla. 4th DCA· 1991-06-12
• Consolidated Freightways v. Moore
  561 So. 2d 1346· Fla. 1st DCA· 1990-06-01
  Consolidated Freightways appeals a workers' compensation judge's decision that increased the claimant's average weekly wage to include mileage reimbursement, temporary living expenses, and moving expenses. The Florida appellate court reversed, holding that such employer reimburse
• Ventura v. Palm Springs Gen. Hosp.
  463 So. 2d 414· Fla. 1st DCA· 1985-01-31
  The court held that a claimant's admitted inexperience in real estate investment and management can constitute competent substantial evidence supporting a deputy commissioner's denial of a lump sum advance of permanent total disability benefits.