TONY JACKSON, PETITIONER,
v.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, RESPONDENT
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PER CURIAM.
The petition for writ of certiorari is granted. See Fla. Dep’t of Highway Safety & Motor Vehicles v. Critchfield, 842 So. 2d 782 (Fla.2003); see also Allstate Ins. Co. v. Kaklamanos, 843 So. 2d 885 (Fla. Apr. 3, 2003) (holding clearly established law can derive from recent controlling case law). On remand, the circuit court must determine whether the validly enacted laws in effect prior to the enactment of chapter 98-223, Laws of Florida, would provide Mr. Jackson relief from the administrative order of the Department of Highway Safety and Motor Vehicles. See Henderson v. Antonacci, 62 So. 2d 5 (Fla.1952) (holding that when amendment to statutes is declared unconstitutional, statutes as they existed before amendments become effective by operation of law).
Petition for writ of certiorari granted.
ALTENBERND, C.J., and NORTHCUTT and STRINGER, JJ., Concur.
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Dep't of Hwy. Safety & Motor Vehicles v. Bailey, 870 So. 2d 47 (Fla. 2d DCA 2003)…conviction.2 It is clear that, in light of Critchfield, even if the computerized driving record is sufficient evidence of Bailey’s DUI conviction, Bailey may still apply for a hardship permit. See Jackson v. Dep’t of Highway Safety & Motor Vehicles, 848 So. 2d 1165, 1165 (Fla. 2d DCA 2003) (citing Henderson v. Antonacci, 62 So. 2d 5 (Fla.1952), for the proposition that when an amended statute is declared unconstitutional, the statute stands as it was prior to the amendment). However, the circuit court did exc…
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State v. Fountain, 883 So. 2d 300 (Fla. 1st DCA 2004)…way Safety & Motor Vehicles v. Critchfield, 842 So. 2d 782 (Fla.2003). This ruling resulted in reinstatement of the 1997 version of the statute until the constitutional defect was cured. See e.g., Jackson v. Dep’t of Highway Safety & Motor Vehicles, 848 So. 2d 1165 (Fla. 2d DCA 2003) (holding when a statutory amendment is declared unconstitutional, statutes as they existed before amendment become effective by operation of law). In May, 2003, Fountain reapplied for a driver’s license, as permitted under the 19…
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Whitehead v. State, 849 So. 2d 464 (Fla. 4th DCA 2003)…e circuit court to determine whether the valid laws in effect prior to the enactment of chapter 98-233 would have provided Petitioner with relief from the administrative order he challenged. See Jackson v. Dep’t of Highway Safety and Motor Vehicles, 848 So. 2d 1165, 28 Fla. L. Weekly D1033 (Fla. 2d DCA Apr.25, 2003). GUNTHER, STONE and MAY, JJ., concur. . We deny relief as to the first two grounds of the petition without discussion.…
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- Allstate Ins. Co. v. Keely Kaklamanos, 843 So. 2d 885 (Fla. 2003)
- Henderson v. Antonacci, 62 So. 2d 5 (Fla. 1952)
- Fla. Dep't of Hwy. Safety & Motor Vehicles v. Critchfield, 842 So. 2d 782 (Fla. 2003)
- Hubbard v. State, 842 So. 2d 782 (Fla. 2003)