Retroactive Application of Statute

A two-part test is utilized to determine whether a statute may be applied retroactively:
 * First, the Court must ascertain whether the Legislature intended for the statute to apply retroactively. Second, if such an intent is clearly expressed, the Court must determine whether retroactive application would violate any constitutional principles.  See Metro. Dade County v. Chase Fed. Hous. Corp., 737 So. 2d 494, 499 (Fla. 1999), see also Menendez v. Progressive Exp. Ins. Co., Inc., 35 So. 3d 873, 877 (Fla. 2010).  A retroactive statute violates the The Florida Constitution if it "impairs vested rights, creates new obligations, or imposes new penalties." State Farm Mut. Auto Ins. Co. v. Laforet, 658 So. 2d 55, 61 (Fla. 1995); see also McCord v. Smith, 43 So. 2d 704, 708-09 (Fla. 1949) (noting that a retroactive provision of legislation is invalid where it adversely affects or destroys vested rights).

Statutes that operate to abolish or abrogate a preexisting right, defense, or cause of action cannot be applied retroactively. See, e.g., Wiley v. Roof, 641 So. 2d 66, 68-69 (statutory amendment which allowed victim to commence an action for damages which was previously barred by statute of limitations violated due process clause of Florida Constitution; "[o]nce an action is barred, a property right to be free from a claim has accrued"); ''Agency for Health Care Admin. v. Assoc. Industries of Fla., Inc.'', 678 So. 2d 1239, 1254 (Fla. 1996) (portion of legislative act that abolished statute of repose for claims that were already barred was unconstitutional in violation of due process (citing Wiley, 641 So. 2d at 68)); Rupp v. Bryant, 417 So. 2d 658, 665-66 (Fla. 1982) (statutory amendment that would abolish plaintiff‘s right to recover against state officers, employees, and agents for negligent acts could not be retroactively applied).

See AMERICAN OPTICAL CORPORATION v. WALTER R. SPIEWAK, [http://www.floridasupremecourt.org/decisions/2011/sc08-1617.pdf Nos. SC08-1617 & SC08-163] (Fla. July 8, 2011).