Choosing the Right Year for a Statute
When citing a state statute, according to The Bluebook,[1] the year of the applicable statutory compilation must be provided — and placed in a parenthetical following the abbreviation for the state statutory code.[2] The Bluebook states that a legal practitioner can look to three places for that year: 1) the year on the spine of the volume; 2) the year on the title page; or 3) the copyright year.[3]
However, The Bluebook does not provide any information, state specific or general, about how to make sure the correct version of a statute is selected. Making sure the correct version of a statute is selected matters a great deal, as choosing the wrong version of a statute could have dire consequences. The year in the parenthetical tells the reader — opposing counsel, the judge, and the client — which version of a statute applies to a case. This is important because every year the legislature makes changes to Florida’s expansive statutory compilation, and those changes can impact a case if they apply.
On June 4, 2025, the Fourth District Court of Appeal issued its opinion in A.T.M.C. v. State, 2025 WL 1572390, No. 4D2024-2103 (Fla. 4th DCA June 4, 2025). In that case, the charged offense occurred when the 2023 version of the Florida Statutes was in effect.[4] The trial court entered a disposition order placing the defendant on conditional release, with six months on an electronic monitor.[5] The trial court did so according to a 2024 amendment to F.S. §985.433.[6] On appeal, the defendant argued that the correct statute was the 2023 version[7] of F.S. §985.433 because the defendant committed the charged crime when the 2023 statute was in effect.[8] The Fourth District agreed, holding that the 2024 amendment to F.S. §985.433 could apply only if the legislature intended for the amendment to apply retroactively.[9]
As can be seen, making sure the correct version of a statute is selected matters a great deal. So, how should a legal practitioner go about making sure the correct version of a statute is chosen? Does the answer depend on the date the cause of action occurred, or does the answer depend on the year the state commenced prosecution?
Brandon R. Christian and Kristin A. Norse, in their 2009 article, Time is on My Side: Four Steps to Applying the Correct Law, already laid out a four-step process for determining which version of a statute applies.[10] However, this article goes beyond what Christian and Norse have already written and shows how to combine Christian and Norse’s four-step process with the intricacies of Florida’s legislative process for choosing the correct version of a statute. That way, a legal practitioner will always be able to easily figure out the year they should put in the parenthetical at the end of a state statute.
This article is split into several parts. First, this article provides background on the Florida legislative process. Second, this article summarizes Christian and Norse’s four-step process. Finally, this article combines Christian and Norse’s four-step process with the information provided about Florida’s legislative process to figure out which version of a statute applies and, thus, which year to put in the parenthetical at the end of a state statute cite.
Florida’s Legislative Process and the 2025 Session
Part of the process for figuring out which version of a statute applies and the correct year to put in the parenthetical is to find out when a particular version of a statute went into effect. To figure out that date, a legal practitioner should understand the intricacies of Florida’s legislative process. In Florida, a new volume of the Florida Statutes is published every year a couple of months after the Florida Legislature meets — which it does every year for at least 60 days.[11] The start date for the session is different in odd- versus even-numbered years.[12] In odd-numbered years, the legislative session begins on the first Tuesday after the first Monday in March.[13] In even-numbered years, the legislative session begins on the second Tuesday after the first Monday in January.[14]
During a legislative session, the legislature can add new statutes, amend existing statutes, and even repeal statutes.[15] As a result, major changes can be, and are, made each year.
In every bill that is passed, the legislature can choose to provide an explicit effective date. That effective date is the date a bill officially becomes law. As of the effective date, people can face liability or criminal charges for violating that statute. If the legislature chooses not to include a specific effective date, then the bill becomes law on the 60th day after the Florida Legislature adjourns sine die.[16]
To figure out when the 60th day is, you find the last day of the legislative session for the year you are interested in and add 60 days. For example, the 2022 session of the Florida Legislature adjourned on March 14, 2022. Sixty days after March 14, 2022, was May 16, 2022 — because the 60th day fell on a Saturday, you go to the next day that is not a Saturday, a Sunday, or a holiday.[17]
In 2025, for example, the Florida Legislature passed 269 bills.[18] Of those, nearly 150 went into effect on July 1.[19] Here are a few examples of the laws passed by the Florida Legislature in 2025, some of which is discussed in more detail later in this article:
1) Ch. 2025-001, §10: This law (Senate Bill 2-C) amends F.S. §775.0848 to reclassify crimes committed by an unauthorized alien. For example, a second-degree misdemeanor would be reclassified as a first-degree misdemeanor. The act took effect upon becoming a law on February 13, 2025.[20]
2) Ch. 2025-70: This law (Senate Bill 878) amends F.S. §948.15 to increase the probation period for certain misdemeanor offenses involving controlled or chemical substances. The act took effect on July 1, 2025.[21]
3) Ch. 2025-73: This act (Committee Substitute for Committee Substitute for Senate Bill 1386) amends F.S. §784.07 to make assault or battery on a utility worker a crime. This act took effect on October 1, 2025.[22]
4) Ch. 2025-13: This act (Committee Substitute for House Bill 157) amends various statutory provisions related to service of process. Specifically, this act addresses service of process on businesses and substitute service of process on the Secretary of State. Except otherwise expressly provided therein, the act took effect upon becoming a law on April 29, 2025.[23]
Christian and Norse’s Four-step Process
Let’s look at Christian and Norse’s four-step process in more detail. In the first step, the legal practitioner considers whether the statute at issue is procedural or substantive.[24] “‘[S]ubstantive law prescribes duties and rights’ as opposed to procedural law which concerns itself with ‘the means and methods to apply and enforce those duties and rights.’”[25] On the other hand, “[p]rocedural statutes are those that do not create or define rights, but rather govern the ‘course, form, manner, means, method, mode, order, process or steps by which a party enforces substantive rights or obtains redress for their invasion.’”[26] Absent clear legislative language to the contrary, substantive statutes apply prospectively.[27] Procedural laws apply retroactively.[28]
It should be noted that none of the bills passed by the Florida Legislature in 2025 shown as examples state that they apply retroactively. Thus, they apply prospectively. If you have a case involving any of the statutory provisions affected by the 2025 Florida legislative session, the earliest year that could be placed in the parenthetical is 2025. A cite to an earlier statutory compilation would mean that you as a licensed attorney are telling a court that a statute that clearly applies only retroactively applies prospectively. That is a mistake that I hope none of you make.
In the second step, the legal practitioner conducts a factual inquiry into what date applies in your case.[29] The answer to this question depends on whether your case is criminal or civil.[30] In a criminal case, the date of the offense listed in the charging document is what is relied on.[31] In a civil case, the date of the accrual of the cause of action is what is relied on.[32] A cause of action accrues when the last element necessary for the cause of action occurs.[33]
In the third step, the legal practitioner uses the date to determine the version of the statute in effect on that date.[34] The final step is for the legal practitioner to properly cite that statute in legal documents and court filings.[35]
The statutory changes that involve amendments or additions to the criminal laws, Ch. 2025-73, Ch. 2025-001, and Ch. 2025-70, need to be carefully scrutinized for their effective date to determine when a defendant’s actions would mean he or she can be charged under the new statutes. For example, Ch. 2025-70, which amends F.S. §784.07 to make assault or battery on a utility worker a crime, provides that the act took effect on October 1, 2025.[36] Because the date of the offense listed in the charging document is used for the substantive statute, any prosecution for a violation of the 2025 version of F.S. §784.07 would have to be for a person who violated F.S. §784.07 on or after October 1, 2025. Thus, the earliest, and currently only, year that could be in the parenthetical is 2025.
For civil cases, if a statute is substantive (meaning it prescribes duties and rights, including affirmative defenses)[37], cite to the statute that was in effect when the cause of action occured. If a statute is procedural, apply the law in effect at the time of trial or hearing at issue.
Putting It All Together
On May 4, 2027, a client comes to speak with you. He or she tells you that he or she was arrested on March 27, 2027, for violating Florida’s new unauthorized alien statute — F.S. §811.102. When you are conducting your research, you find out that F.S. §811.102 was repealed during the 2027 session of the Florida Legislature. You ask: Do the 2027 statutes apply — in which case, your client cannot be prosecuted? Or do the 2026 statutes apply — in which case, your client can be prosecuted?
Your client is charged with violating F.S. §811.102. The alleged violation occurred on March 26, 2027. F.S. §811.102 was enacted during the 2025 legislative session. According to the bill, it became law upon being signed into law by the governor, which he did on February 13, 2025. Then, during the 2027 legislative session, the Florida Legislature revoked the law from 2025 in its entirety. That bill became law when the new governor, elected in November 2026, signed it into law, on May 2, 2027. Is the statute procedural or substantive? Because F.S. §811.102 deals with a crime — providing its elements — it’s substantive. What date applies in your case? The crime took place on March 26, 2027, so that is the date that applies. Which version of the statute was in effect on that date? Because F.S. §811.102 was not repealed until after the crime was committed, the 2025 version still applies. What is the end result? Unfortunately, your client can still be prosecuted under the 2025 version.
Conclusion
As can be seen, the year chosen for a statute can mean the difference between victory and defeat. However, there is no need to fret. The process provided by Christian and Norse, and the explanation and examples provided in this article, will assist legal practitioners in making sure that they are always applying the correct version of a state statute. My suggestion: figure out which year you are citing for the applicable statute(s) when you first take the case (or get the case assigned to you). Taking the time in the beginning of your case prep to make sure you are applying the correct version of a statute will save you a lot of pain and headache later.
[1] In Florida, legal practitioners follow the rules of citation provided in Florida’s Uniform Citation System. See Fla. R. App. P. 9.800 (“This rule applies to all legal documents, including court opinions.”). For citation rules not covered in Florida’s Uniform Citation System, the latest edition of The Bluebook (currently the 22d) controls. Fla. R. App. P. 9.800(p). For citation rules not covered in Florida’s Uniform Citation System or The Bluebook, The Florida Style Manual controls. Fla. R. App. P. 9.800(p).
[2] The Bluebook: A Uniform System of Citation R. 12.3.2, 128-31 (Columbia L. Rev. Ass’n, et al. eds., 22d ed. 2025).
[3] Id.
[4] A.T.M.C., 2025 WL 1572390 at *1.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Brandon R. Christian & Kristin A. Norse, Time Is on My Side: Four Steps to Applying the Correct Law, 83 Fla. B. J. 44 (July/Aug. 2009).
[11] Fla. Const. art. III, §3(d).
[12] Id. at §3(b).
[13] Id.
[14] Id.
[15] See id. at §§1, 6.
[16] Id. at §9.
[17] See Fla. Rul. Jud. Admin. 2.514(a)(1)(C).
[18] FICPA Governmental Affairs, Legislative Update: Florida Legislature Concludes 2025 Session, Fla. Inst. of Certified Pub. Accts. (June 17, 2025), https://www.ficpa.org/news/51aa56db-cfaa-4084-bcd9-a3aff43aebf3:legislative-update-florida-legislature-concludes-2025-session.
[19] C.A. Bridges, More Than 150 New Florida Laws Went into Effect July 1. Here’s The List, What Each One Means, Tallahassee Democrat, July 1, 2025, available at https://www.tallahassee.com/story/news/politics/2025/07/01/new-florida-laws-july-list/84427673007/.
[20] Ch. 2025-01, §33, Laws of Fla.
[21] Ch. 2025-70, §2, Laws of Fla.
[22] Ch. 2025-73, §6, Laws of Fla.
[23] Ch. 2025-13, §6, Laws of Fla.
[24] Christian & Norse, Time Is on My Side at 44-45.
[25] Cole v. Universal Prop. & Cas. Ins. Co., 363 So. 3d 1089, 1091 (Fla. 4th DCA 2023) (alteration in original) (quoting Alamo Rent-A-Car, Inc. v. Mancusi, 632 So. 2d 1352, 1358 (Fla. 1994)).
[26] Cantens v. Certain Underwriters at Lloyd’s London, 388 So. 3d 242, 245 (Fla. 3d DCA 2024) (quoting Haven Fed. Sav. & Loan Ass’n v. Kirian, 579 So. 2d 730, 732 (Fla. 1991)).
[27] Id. at 243.
[28] Id.
[29] Christian & Norse, Time Is on My Side at 45.
[30] Id.
[31] See id.
[32] See id.
[33] Tison v. Clairmont Condo. F Ass’n, 288 So. 3d 699, 702 (Fla. 4th DCA 2019).
[34] Christian & Norse, Time Is on My Side at 45-48.
[35] Id. at 48.
[36] Ch. 2025-70, §2, Laws of Fla.
[37] Cole, 363 So. 3d at 1091.
Benjamin Nathaniel Paley earned his law degree in 2022 from Nova Southeastern University Shepard Broad College of Law. He also earned a Master of Public Administration and a Bachelor of Arts in Liberal Arts and Sciences from Florida Atlantic University. Currently, Paley works at the Palm Beach County Public Defender’s Office in their appellate division. He previously worked as a judicial law clerk/judicial assistant at the Fourth District Court of Appeal.
This column is submitted on behalf of the Appellate Practice Section, Joe Eagleton, chair, and Benjamin Paley, Matthew Cavender, Amber S. Nunnally, Huiping (Lily) Liu, Nick McNamara, and Sydney Feldman-D’Angelo, editors.
