1,231 Florida cases classified under this topic, plus 996 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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B&G Opa Holdings, Inc. challenged the City of Opa-locka's closure of its adult entertainment establishment, Klub 24, claiming violations of First Amendment and due process rights. The magistrate judge granted summary judgment in B&G's favor on claims that the city's zoning ordina
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The court held that the petitioner's convictions under 18 U.S.C. § 924(c) are valid because the predicate offenses qualify as crimes of violence under the statute's elements clause, not the unconstitutionally vague risk-of-force clause.
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The court held that the petitioner's convictions under 18 U.S.C. § 924(c) are valid because the predicate offense, Hobbs Act robbery, qualifies as a crime of violence under the statute's use-of-force clause, not the unconstitutionally vague risk-of-force clause.
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The court held that the Petitioner's motion to vacate sentence was timely filed under the prison mailbox rule and that his claims of ineffective assistance of counsel were meritless.
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S.D. Fla.·
2020-08-19
The court held that the petitioner's claims of unconstitutional vagueness, lack of jurisdiction, and ineffective assistance of counsel were procedurally barred or meritless, and therefore denied his motion to vacate his sentence.
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The appellate court affirmed a Risk Protection Order (RPO) against a minor, D.T.M., who had threatened to shoot classmates. The court rejected D.T.M.'s facial constitutional challenges to the statute authorizing RPOs, finding it neither void for vagueness nor an unlawful delegati
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M.D. Fla.·
2020-04-27
The court held that the petitioner failed to demonstrate probable cause to believe his condition had so changed that it was safe for him to be at large, and thus his civil commitment would continue.
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S.D. Fla.·
2020-03-06
The court held that the plaintiff's claims were moot or failed as a matter of law, granting summary judgment for the defendant.
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Del. Super. Ct.·
2020-01-29
The court affirmed the Board's determination that Permit Condition II.I.2 was invalid due to vagueness. However, it reversed the Board's finding that DSWA did not violate Permit Conditions III.B.2 and V.B.3, holding DSWA strictly liable for these reporting violations. The court a
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Wellington Residential LLC appealed a special magistrate's order declaring Java Plum trees on its property a nuisance under the Village of Wellington's ordinance. The appellate court affirmed the order, holding that the nuisance ordinance is constitutional and supported by compet
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N.D. Fla.·
2019-10-18
Florida voters amended the state constitution in 2018 to automatically restore voting rights to most felons "upon completion of all terms of sentence including parole or probation," but the Florida Legislature enacted a statute implementing this amendment to require payment of fi
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Michael Giardina, convicted of aggravated battery for stabbing Christopher Carpentier, filed a federal habeas corpus petition claiming ineffective assistance of counsel and challenging jury instructions on self-defense under Florida's Stand Your Ground law. The district court den
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The court held that the petitioner's motion to vacate, set aside, or correct his sentence is denied because his claims are time-barred, procedurally defaulted, and without merit.
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The court held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits regarding its Contracts Clause claim, as the statute, while impairing contracts, served a significant and legitimate public purpose.
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Alejandro Diaz appeals the revocation of his probation and re-sentencing to 25.25 years' imprisonment following his possession of a synthetic cannabinoid (AB-Chimanaca) while incarcerated. The court affirmed the revocation, holding that Florida Statutes section 951.22(1) prohibit
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20 La. 447·
M.D. Fla.·
2018-06-26
The court held that citizen children cannot claim a constitutional right to prevent the removal of their alien parents, as such claims are barred by statute and lack a constitutional basis.
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A vagueness challenge to a criminal statute that does not implicate First Amendment freedoms must be examined in light of the facts of the case at hand, and a trial court cannot dismiss charges based on an abstract constitutional analysis without taking evidence or making factual
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Section 585.145(3) is not unconstitutionally vague on its face and does not violate substantive due process. The statute requires a knowing alteration of a certificate that results in a false or deceptive document, and when construed in context with the words 'forges,' 'counterfe
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Polo West Golf Club and Palm Beach Polo appealed a Special Magistrate's finding that they needed a Special Use Permit to host organized soccer games on their properties in Wellington, Florida. The appellate court affirmed the Special Magistrate's decision, rejecting the owners' a
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Jon Christian Peterson appeals a Code Enforcement Board order finding him in violation of Winter Park's Land Development Code for storing a trailer on his residential property. The appellate court affirmed the violation finding but reversed and struck language incorrectly charact
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The court granted summary judgment for the CFTC on Count One, finding that the defendants' retail commodity transactions were not covered by the actual delivery exception and thus violated Section 4(a) of the Commodity Exchange Act. The court also found individual defendants liab
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The court held that the plaintiffs failed to establish a likelihood of success on the merits for their vagueness claim and did not demonstrate irreparable injury, thus denying their motion for a preliminary injunction.
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The court held that the insurance policy's 'auto accident' coverage does not extend to intentional criminal acts like robbery and battery, and the exclusion for intentionally caused bodily injury applies.
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Del.·
2012-10-23
The Court affirmed that the statute prohibiting government employees from engaging in political activity at work does not violate the First Amendment. However, the Court reversed and remanded the case to consider what constitutes 'political activity' under the statute and whether
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2012 WL 3759034·
S.D. Fla.·
2012-08-30
The court held that creditors can be held vicariously liable for a servicer's failure to comply with TILA's disclosure requirements, and that TILA is not unconstitutionally vague.
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783 F. Supp. 2d 1197·
M.D. Fla.·
2011-05-06
The court held that the plaintiffs failed to demonstrate a substantial likelihood of success on the merits of their constitutional challenges to the ordinance banning simulated gambling devices, and thus their motions for preliminary injunction must be denied.
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720 F. Supp. 2d 1351·
M.D. Fla.·
2010-06-28
The court held that the plaintiff's waiver of his right to access peer review materials was valid, dismissing claims based on the nondisclosure of those materials. However, claims challenging the vagueness and overbreadth of the peer review criterion itself were not dismissed bas
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692 F. Supp. 2d 1343·
M.D. Fla.·
2010-02-12
The court held that the City of Ocala's Ordinance 5650 is unconstitutionally vague on its face, violating due process rights, and therefore granted declaratory and injunctive relief to the plaintiff.
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650 F. Supp. 2d 1235·
S.D. Fla.·
2009-06-17
The court held that a subsequent Congressional enactment mandating project implementation, including "notwithstanding any other provision of law" language, divested the court of subject matter jurisdiction by mooting the case.
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The court held that the plaintiff's allegations were insufficient to establish a willful violation of FACTA, but FACTA is constitutional.
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The court held that section 775.21, Florida Statutes, is facially constitutional and not unconstitutional as applied to the defendant.
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213 F.R.D. 166·
S.D. Fla.·
2008-05-09
The court granted in part and denied in part the motion for supervision, finding one communication potentially abusive while another was not.
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965 So. 2d 834·
Fla. 4th DCA·
2007-09-12
Florida appealed a trial court's order granting a defendant's motion to dismiss a racing on highway charge under Florida Statute § 316.191 on constitutional grounds. The appellate court affirmed the dismissal on vagueness grounds but reversed the trial court's overbreadth finding
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Fla. 3d DCA·
2007-08-22
Lowell Kuvin challenged Coral Gables ordinances that prohibited parking personal-use pickup trucks in residential areas, arguing they violated constitutional protections. The Florida District Court of Appeal reversed the city's summary judgment, holding that the truck parking ban
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The court adopted the Magistrate Judge's report and recommendation, denying plaintiffs' motion for partial summary judgment and granting defendant's motion for summary judgment.
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Two firefighters challenged the constitutionality of Florida's statute prohibiting solicitation of public employees during working hours. The trial court rejected their facial constitutional challenges on multiple grounds, and the appellate court affirmed, holding that the statut
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953 So. 2d 585·
Fla. 1st DCA·
2007-03-07
Florida appeals a trial court's dismissal of a drug paraphernalia charge, arguing that the statute criminalizing use of drug paraphernalia to transport controlled substances is not unconstitutionally overbroad or vague. The appellate court reverses, holding that the term 'transpo
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The court held that collateral estoppel did not bar the First Amendment claims because the administrative hearing did not resolve identical issues, and that neither party was entitled to summary judgment on the facial constitutionality of the policy.
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An oral brokerage agreement is enforceable if it provides a practicable method for determining compensation, even if the final sale price is subject to negotiation.
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436 F. Supp. 2d 1325·
S.D. Fla.·
2006-06-26
The court held that the City of Hollywood's zoning regulations granting special exceptions were unconstitutionally vague and granted unbridled discretion, thus acting as an unconstitutional prior restraint on First Amendment activity.
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2006 U.S. Dist. LEXIS 33214·
S.D. Fla.·
2006-05-25
The court held that the Village's oath is not unconstitutionally vague and does not impermissibly infringe upon the plaintiff's First Amendment rights.
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431 F. Supp. 2d 1228·
N.D. Fla.·
2006-05-12
The court held that the plaintiffs failed to demonstrate a substantial likelihood of success on the merits, thus denying their motion for a preliminary injunction and summary judgment.
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429 F. Supp. 2d 1292·
M.D. Fla.·
2006-04-14
The court held that the FTC's interpretation of the Telemarketing Sales Rule's abandoned calls provision, as applied to for-profit telefunders using prerecorded messages for charitable solicitations, is not an unconstitutional restriction on speech and does not exceed the FTC's s
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448 F. Supp. 2d 1309·
N.D. Fla.·
2006-02-10
The court granted the defendant's motion for judgment on the pleadings, finding that the plaintiffs failed to establish that the Florida Parental Notice of Abortion Act is facially unconstitutional.
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The court held that requiring a specific intent to further the illegal activities of a foreign terrorist organization is necessary to avoid constitutional concerns regarding personal guilt, vagueness, and freedom of association under 18 U.S.C. § 2339B(a)(1).
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The court denied in part and deferred in part Greenpeace's motion to dismiss the indictment, finding that the scope of 18 U.S.C. § 2279 presented factual questions for trial, and granted Greenpeace a jury trial as a matter of judicial discretion.
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308 F. Supp. 2d 1322·
M.D. Fla.·
2004-03-12
The court held that the interpretation of AEDPA and IEEPA requires careful consideration of mens rea and potential constitutional issues, particularly regarding First Amendment rights and vagueness challenges.
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The court denied the defendants' motion to dismiss the charges. The court found that the Adult Entertainment Establishments Act was not unconstitutionally vague or overbroad, that the prosecution did not violate the Equal Protection Clause, and that the charges were consistent wi
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864 So. 2d 44·
Fla. 4th DCA·
2003-12-10
Lionel Tate, convicted of first-degree murder at age 12, appealed his mandatory life sentence. The court reversed and remanded for a new trial, holding that the trial court violated Tate's due process rights by failing to order a pre-trial competency evaluation and by denying his
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274 F. Supp. 2d 1323·
S.D. Fla.·
2003-07-25
The court held that the Florida pedestrian regulation statute is content-neutral, narrowly tailored, and leaves open ample alternative avenues for communication, thus denying the motion for a preliminary injunction.