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PRESMY v. SMITH

No. 1D10-5291.

69 So.3d 383 (2011)

Daniel PRESMY, Appellant, v. Dr. Eric SMITH, Commission of Education, Appellee.

District Court of Appeal of Florida, First District.

September 16, 2011.

Attorney(s) appearing for the Case

Thomas L. Johnson and Jeffrey Scott Sirmons of Johnson & Haynes, P.A., Brandon, for Appellant.

Charles T. Whitelock of Whitelock & Associates, P.A., Fort Lauderdale, for Appellee.

HAWKES, J.

This is an appeal from an Education Practices Commission decision that upheld the retroactive application of section 1012.795(1)(n), Florida Statutes (2008). We reverse the Commission's decision, finding: (1) the Legislature did not intend that the statute apply retroactively; and (2) a retroactive application of the statute violates constitutional principles.

Facts

Daniel Presmy, a certified...

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