Presmy v. Smith
2011 Fla. App. LEXIS 14655
Fla. Dist. Ct. App.2011Background
- Presmy, a certified teacher, began in 2002 in Palm Beach County; in 2006 he pleaded guilty to misdemeanor battery on a minor after pushing a disruptive student, leading to a school-board-initiated dismissal; the DOAH/ALJ found insufficient evidence of intent or harm and the Commission adopted this order in 2008; the School Board reinstated Presmy following the 2008 decision; in 2008 the Legislature amended 1012.795(1)(n) to permanently revoke for misdemeanor battery on a minor; the Commission proceeded to revoke Presmy’s certificate under the amended statute; Presmy appealed the Commission’s retroactive application of the statute; the Florida First District Court of Appeal reversed the Commission, holding the statute does not apply retroactively and retroactivity violates due process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 1012.795(1)(n) applies retroactively | Legislature did not clearly express retroactive intent | Statute retroactively revokes for qualifying offenses | No retroactive application; statute not intended retroactively |
| Whether retroactive application violates constitutional principles | Imposes new penalties on events before enactment; vested rights affected | Legislative action lawful retroactive remedy | Retroactive application violates due process and other constitutional protections |
Key Cases Cited
- Old Port Cove Holdings, Inc. v. Old Port Cove Condo. Ass'n One, 986 So.2d 1279 (Fla. 2008) (retrospective effect requires clear legislative intent; substantive rights presumed prospective)
- Metro. Dade County v. Chase Fed. Housing Corp., 737 So.2d 494 (Fla. 1999) (retroactivity requires clear legislative intent; examine statute language and purpose)
- Menendez v. Progressive Express Insurance Co., 35 So.3d 873 (Fla. 2010) (two-pronged test for retroactivity (intent and constitutional impact))
- State Farm Mut. Auto. Ins. Co. v. Laforet, 658 So.2d 55 (Fla. 1995) (retroactivity analysis focuses on new legal consequences to pre-enactment events)
- Landgraf v. USI Film Prods., 511 U.S. 244 (1994) (federal framework for retroactivity analysis (nationwide context))
- D'Angelo v. Fitzmaurice, 863 So.2d 311 (Fla. 2003) (retroactivity is a pure question of law reviewed de novo)