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21 Florida opinions name it 2 courts 2003–2026 4 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Cashatt v. Stategreen2 sentences2026See Cashatt v. State, 873 So. 2d 430, 434 (Fla. 1st DCCA 2004) (explaining that a facial constitutional challenge “must fail unless no set of circumstances exists in which the statute can be constitutionally applied”); see also Crist v. Ervin, 56 So. 3d 745, 747 (Fla. 2010) (“If any state of facts, known or to be assumed, justify the law, the court’s power of inquiry ends.” (citation omitted)); Smalley v. Duke Energy Fla., Inc., 154 So. 3d 439, 441 (Fla. 2d DCA 2014) (“A facial challenge fails when a statute has a ‘plainly legitimate sweep.’” (quoting Wash. State Grange, 552 U.S. at 449 )). 2017Delaney v. Tucker, 88 So.3d 1036, 1037 (Fla. 1st DCA2012) (stating that a “direct appeal is the proper avenue for a facial constitutional, challenge to a criminal statute”). 4 A “facial challenge to a statute is more difficult than an ‘as applied’ challenge, because the challenger must establish that no set of circumstances exists under which the statute would be valid. ... such a challenge must fail unless no set of circumstances exists in which the statute can be constitutionally applied.” Cashatt v. State,, 873 So.2d 430, 434 (Fla. 1st DCA 2004). | 3 | 3 |
Fla. Dept. of Rev. v. City of Gainesvillegreen2 sentences2016See Fla. Dep’t of Revenue v. City of Gainesville, 918 So.2d 250, 265 (Fla.2005).(“[I]n a facial constitutional challenge, we determine only whether there is any set of circumstances under which the challenged enactment might be upheld.”). 2016See Fla. Dep’t of Revenue v. City of - 51 - Gainesville, 918 So. 2d 250, 265 (Fla. 2005) (“[I]n a facial constitutional challenge, we determine only whether there is any set of circumstances under which the challenged enactment might be upheld.”). | 2 | 2 |
Henley v. City of Cape Coralgreen2 sentences2010See Henley v. City of Cape Coral, 292 So.2d 410, 411 (Fla. 2d DCA 1974). 2010See Henley v. City of Cape Coral, 292 So.2d 410, 411 (Fla. 2d DCA 1974). | 2 | 2 |
State v. Balesgreen2 sentences2010“If any state of facts, known or to be assumed, justify the law, the court’s power of inquiry ends.” State v. Bales, 343 So.2d 9, 11 (Fla.1977). 2005See Bales, 343 So.2d at 11 ("[A]ny legislative enactment ;carries a strong presumption of constitutionality, including a rebuttable presumption of the existence of necessary factual support in its provisions. | 2 | 2 |
Crist v. Ervingreen1 sentence2026See Cashatt v. State, 873 So. 2d 430, 434 (Fla. 1st DCCA 2004) (explaining that a facial constitutional challenge “must fail unless no set of circumstances exists in which the statute can be constitutionally applied”); see also Crist v. Ervin, 56 So. 3d 745, 747 (Fla. 2010) (“If any state of facts, known or to be assumed, justify the law, the court’s power of inquiry ends.” (citation omitted)); Smalley v. Duke Energy Fla., Inc., 154 So. 3d 439, 441 (Fla. 2d DCA 2014) (“A facial challenge fails when a statute has a ‘plainly legitimate sweep.’” (quoting Wash. State Grange, 552 U.S. at 449 )). | 1 | 1 |
Smalley v. Duke Energy Florida, Inc.green1 sentence2026See Cashatt v. State, 873 So. 2d 430, 434 (Fla. 1st DCCA 2004) (explaining that a facial constitutional challenge “must fail unless no set of circumstances exists in which the statute can be constitutionally applied”); see also Crist v. Ervin, 56 So. 3d 745, 747 (Fla. 2010) (“If any state of facts, known or to be assumed, justify the law, the court’s power of inquiry ends.” (citation omitted)); Smalley v. Duke Energy Fla., Inc., 154 So. 3d 439, 441 (Fla. 2d DCA 2014) (“A facial challenge fails when a statute has a ‘plainly legitimate sweep.’” (quoting Wash. State Grange, 552 U.S. at 449 )). | 1 | 1 |
Palko v. Connecticutred1 sentence2025"Substantive due process protects fundamental rights that are so 'implicit in the concept of ordered liberty [that] neither liberty nor justice would exist if they were sacrificed.' " Jackson v. State, 191 So. 3d 423, 428 (Fla. 2016) (quoting Palko v. Connecticut, 302 U.S. 319, 325-26 (1937), overruled on other grounds by Benton v. Maryland, 395 U.S. 784 (1969)). | 1 | 1 |
Jermaine C. Jackson v. State of Floridagreen1 sentence2025"Substantive due process protects fundamental rights that are so 'implicit in the concept of ordered liberty [that] neither liberty nor justice would exist if they were sacrificed.' " Jackson v. State, 191 So. 3d 423, 428 (Fla. 2016) (quoting Palko v. Connecticut, 302 U.S. 319, 325-26 (1937), overruled on other grounds by Benton v. Maryland, 395 U.S. 784 (1969)). | 1 | 1 |
Fraternal Order of Police, Miami Lodge 20 v. City of Miamigreen1 sentence2020Fraternal Order of Police, Miami Lodge 20 v. City of Miami, 243 So. 3d 894, 897 (Fla. 2018). | 1 | 1 |
Mobley v. Stategreen1 sentence2017Delaney v. Tucker, 88 So.3d 1036, 1037 (Fla. 1st DCA2012) (stating that a “direct appeal is the proper avenue for a facial constitutional, challenge to a criminal statute”). 4 A “facial challenge to a statute is more difficult than an ‘as applied’ challenge, because the challenger must establish that no set of circumstances exists under which the statute would be valid. ... such a challenge must fail unless no set of circumstances exists in which the statute can be constitutionally applied.” Cashatt v. State,, 873 So.2d 430, 434 (Fla. 1st DCA 2004). | 1 | 1 |
Seminole County v. Coral Gables Federal Savings & Loan Ass'ngreen1 sentence2015In Seminole County v. Coral Gables Federal Savings & Loan Ass’n, 691 So.2d 614, 614 (Fla. 5th DCA 1997), the Fifth District rejected an assertion that section 73.092 is unconstitutional because it divests the judiciary of the ability to determine reasonable attorney’s fees for a private property owner. | 1 | 1 |
Dane P. Abdool v. Pam Bondi, etc.green1 sentence2014Abdool v. Bondi, 141 So.3d 529, 538 (Fla. 2014). | 1 | 1 |
Carreras v. Stategreen1 sentence2012See, e.g., Carreras v. State, 81 So.3d 590 (Fla. 5th DCA 2012) (affirming judgment and sentence in direct appeal challenging facial constitutionality of drug possession statute based on Shelton ); Cashatt v. State, 873 So.2d 430, 434 (Fla. 1st DCA 2004). | 1 | 1 |
Miami-Dade County v. Omnipoint Holdings, Inc.green1 sentence2007We agree with the developer that a petition for writ of certiorari cannot be used for this purpose. "[A] petition seeking certiorari review is not the proper procedural vehicle to challenge the constitutionality of a statute or ordinance." Miami-Dade County v. Omnipoint Holdings, Inc., 863 So.2d 195, 199 (Fla.2003) (citation omitted). | 1 | 1 |
Rahmani v. Stategreen1 sentence2005See Rahmani v. State, 748 S.W.2d 618, 626 (Tex.App.Ct.1988). | 1 | 1 |
Reno v. Floresgreen2 sentences2004A facial constitutional challenge under the Establishment Clause typically occurs without "a record as to how the statute had actually been applied." Bowen v. Kendrick, 487 U.S. 589, 600-01 , 108 S.Ct. 2562, 2569-70 , 101 L.Ed.2d 520 (1988); see also Reno v. Flores, 507 U.S. 292, 300-01 , 113 S.Ct. 1439, 1446 , 123 L.Ed.2d 1 (1993)(explaining that a facial challenge is assessed without reference to factual findings or evidence of particular applications). 2004A facial constitutional challenge under the Establishment Clause typically occurs without "a record as to how the statute had actually been applied." Bowen v. Kendrick, 487 U.S. 589, 600-01 , 108 S.Ct. 2562, 2569-70 , 101 L.Ed.2d 520 (1988); see also Reno v. Flores, 507 U.S. 292, 300-01 , 113 S.Ct. 1439, 1446 , 123 L.Ed.2d 1 (1993)(explaining that a facial challenge is assessed without reference to factual findings or evidence of particular applications). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Washington State Grange v. Washington State Republican Party
green
1 sentence2026See Cashatt v. State, 873 So. 2d 430, 434 (Fla. 1st DCCA 2004) (explaining that a facial constitutional challenge “must fail unless no set of circumstances exists in which the statute can be constitutionally applied”); see also Crist v. Ervin, 56 So. 3d 745, 747 (Fla. 2010) (“If any state of facts, known or to be assumed, justify the law, the court’s power of inquiry ends.” (citation omitted)); Smalley v. Duke Energy Fla., Inc., 154 So. 3d 439, 441 (Fla. 2d DCA 2014) (“A facial challenge fails when a statute has a ‘plainly legitimate sweep.’” (quoting Wash. State Grange, 552 U.S. at 449 )). | 1 | 2026–2026 |
Benton v. Maryland
green
1 sentence2025"Substantive due process protects fundamental rights that are so 'implicit in the concept of ordered liberty [that] neither liberty nor justice would exist if they were sacrificed.' " Jackson v. State, 191 So. 3d 423, 428 (Fla. 2016) (quoting Palko v. Connecticut, 302 U.S. 319, 325-26 (1937), overruled on other grounds by Benton v. Maryland, 395 U.S. 784 (1969)). | 1 | 2025–2025 |
Key Haven Associated Enterprises, Inc. v. Bd. of Trustees of Internal Imp. Trust Fund
green
1 sentence2024Id. at 157 . | 1 | 2024–2024 |
Watts v. United States
green
2 sentences2021We conclude the statute is amenable to a construction under which it does not reach a 3 substantial amount of constitutionally protected speech in furthering the State’s valid, even “overwhelming, interest in protecting the safety of its” officers and “in allowing [them] to perform [their] duties without interference from threats of physical violence.” 1 Watts v. United States, 394 U.S. 705, 707 , 89 S. Ct. 1399, 1401 , 22 L. 2021We conclude the statute is amenable to a construction under which it does not reach a 3 substantial amount of constitutionally protected speech in furthering the State’s valid, even “overwhelming, interest in protecting the safety of its” officers and “in allowing [them] to perform [their] duties without interference from threats of physical violence.” 1 Watts v. United States, 394 U.S. 705, 707 , 89 S. Ct. 1399, 1401 , 22 L. | 1 | 2021–2021 |
State v. Gainesville Woman Care LLC
green
2 sentences2017Finally, the First District held that the trial court’s order was also deficient for “failing to address the legal requirements for a facial constitutional challenge to a statute.” Id. 2017Finally, the First District held that the trial court’s order was also deficient for “failing to address the legal requirements for a facial constitutional challenge to a statute.” Id. | 1 | 2017–2017 |
Goin v. Commission on Ethics
green
1 sentence2016Cf. Goin v. Comm’n on Ethics, 658 So.2d 1131 (Fla. 1st DCA 1995) (considering but rejecting public employee’s challenge to the facial constitutionality of the ethics statute he was found to have violated in the final order and public report); Barker v. Comm’n on Ethics, 654 So.2d 646 (Fla. 3d DCA 1995) (reversing Commission’s final order and public report because the statute that the report found the public official to have violated was facially unconstitutional), remanded, 677 So.2d 254 (Fla. 1996). | 1 | 2016–2016 |
Barker v. State, Commission on Ethics
neutral
1 sentence2016Cf. Goin v. Comm’n on Ethics, 658 So.2d 1131 (Fla. 1st DCA 1995) (considering but rejecting public employee’s challenge to the facial constitutionality of the ethics statute he was found to have violated in the final order and public report); Barker v. Comm’n on Ethics, 654 So.2d 646 (Fla. 3d DCA 1995) (reversing Commission’s final order and public report because the statute that the report found the public official to have violated was facially unconstitutional), remanded, 677 So.2d 254 (Fla. 1996). | 1 | 2016–2016 |
Commission on Ethics v. Barker
green
1 sentence2016Cf. Goin v. Comm’n on Ethics, 658 So.2d 1131 (Fla. 1st DCA 1995) (considering but rejecting public employee’s challenge to the facial constitutionality of the ethics statute he was found to have violated in the final order and public report); Barker v. Comm’n on Ethics, 654 So.2d 646 (Fla. 3d DCA 1995) (reversing Commission’s final order and public report because the statute that the report found the public official to have violated was facially unconstitutional), remanded, 677 So.2d 254 (Fla. 1996). | 1 | 2016–2016 |
Bowen v. Kendrick
green
2 sentences2004A facial constitutional challenge under the Establishment Clause typically occurs without "a record as to how the statute had actually been applied." Bowen v. Kendrick, 487 U.S. 589, 600-01 , 108 S.Ct. 2562, 2569-70 , 101 L.Ed.2d 520 (1988); see also Reno v. Flores, 507 U.S. 292, 300-01 , 113 S.Ct. 1439, 1446 , 123 L.Ed.2d 1 (1993)(explaining that a facial challenge is assessed without reference to factual findings or evidence of particular applications). 2004A facial constitutional challenge under the Establishment Clause typically occurs without "a record as to how the statute had actually been applied." Bowen v. Kendrick, 487 U.S. 589, 600-01 , 108 S.Ct. 2562, 2569-70 , 101 L.Ed.2d 520 (1988); see also Reno v. Flores, 507 U.S. 292, 300-01 , 113 S.Ct. 1439, 1446 , 123 L.Ed.2d 1 (1993)(explaining that a facial challenge is assessed without reference to factual findings or evidence of particular applications). | 1 | 2004–2004 |
Harvey v. State
green
2 sentences2003Id., 848 So.2d at 1063 . 2003Id., 848 So.2d at 1063 . | 1 | 2003–2003 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.