Not just him. Soldier comes home from the wars in iraq etc , most with multiple combat tours. She will get half of his SS Checks, which is more than she deserves now! Oh come on , we dont want mention all that. She had been living in a marital relationship with a man for 14 years while still collecting her full alimony benefits plus half of his SS/Checks making more than the alimony judgement! var submitButton = document.getElementById('submit_button');
MAJ US ARMY RETIRED In Florida, any court order for alimony or settlement agreement that is not expressly non-modifiable is always subject to modification by the court upon a substantial change in circumstances. One key problem the proponents of change have run into are proposals that retroactively modify the rights of people that have previously entered into alimony settlement agreements as part of a past divorce. Governor Desantis signed an official veto of Senate Bill 1796 yesterday. }; document.addEventListener("DOMContentLoaded", function() {
Yup Florida They divorce, the Florida courts automatically give 1/2 of any type disability pay/ retirement pay to spouse. The state of Florida receives in grant money from the federal government almost 5 dollars for every 1 dollar of alimony collected in the state. The Florida family bar brings in more money than all the other forms of law combined ! What century are you living in? The concurrence recognizes that retroactive alimony simply means awarding alimony in lump sumin a final judgment, for alimony purportedly owed from the date of the dissolution petition. Iarussi, 2022 WL 6890716, at *7 (Long, J., concurring). let cumulatedTime = parseInt(cumulatedTimeElement.value);
Mitchell v. Overman, 103 U.S. 62, 6365 (1880) (noting that the rule established by the general concurrence of the American and English courts is, that where the delay in rendering a judgment or a decree arises from the act of the court . For First Wives (and husbands) to claim that they relied on the permanence of permanent alimony awards may be true, but thats nowhere guaranteed by law. Our Attorneys Are Ready to Fight for You! It did not, on its own, overturn the long-standing statewide and district wide availability of retroactive awards of alimony; indeed, it lacked the authority to do so because the judicial power to overturn district precedent requires an en banc proceeding. Time to say good bye to her Alimony payments! Proposed changes to alimony in this bill are retroactive and will affect existing and pending awards of alimony, impacting countless marital settlement agreements and final judgements.. However, Former Husband now earns several times more than Former Wife. The transcript of this hearing is not in the record on appeal. Future negotiations would be subject to the new rules of the road, which neither party anticipated when agreeing to the original terms, effectively changing the rules of the game for tens of thousands of families. Many women now PAY alimony. The order awarding trial court attorneys fees references certain hourly rates and total amounts of fees to which the parties apparently stipulated during a November 24, 2020, hearing. Some are ordered to pay more than actually make. Additionally, it was inappropriate to look to other states decisions discussing retroactive alimony. Vacationed well. No bill of attainder, ex post facto law or law impairing the obligation of contracts shall be passed. Also read A. Lookings excellent compilation of FACTS lawyers will NEVER share in his book: Alimony Rescue. Divorce Attorneys in Tampa Pursuant to the Florida Alimony Statute regarding Retroactive alimony Florida, the factors a court must consider and express written findings thereof are in part and paraphrased as follows: (a)The standard of living established during the marriage (middle class? (In awarding permanent alimony, the court shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties.). Keep your mouth shut until you know how it is fir this poor unfortunate man with cancer. Tampa trial lawyer Marc Johnson, chairman of the alimony-reform group Florida Family Fairness, blasted the governor for his veto. 47 of States have permanent alimony. It is one which has been recognized and exercised from ancient times and as a part of the courts common-law jurisdiction.). The opinion of the Court is the per curiam opinion, not the concurrence. }
Nearly three months after it sparked a heated debate in both chambers, legislative leaders have delivered an alimony reform measure to Gov. Before the final hearing, the parties settled all their claims against each other except for the Former Wifes interest in the business, attorneys fees, and importantly, her demand for retroactive and prospective alimony. Spouses walked away from businesses property and retirement accounts and accepted permanent alimony payments in-lieu of equitable cash settlements. PUBLISHED 5:35 AM ET Mar. (i)All sources of income available to either party, including income available to either party through investments of any asset held by that party. Call us for a consultation today! Our group has reform fatigue, she wrote. We reverse the final judgment with instruction that the trial court make findings determining specific amounts for Appellees need for alimony and Appellants ability to pay and showing how the court arrived at these numbers. }
This time the majority opinion held: Retroactive alimony is a creation of the courts prohibited by the separation of powers set forth in article II, section 3 of the Florida Constitution. Ron DeSantis. Surprise! REVERSE and REMAND.M.K. The legislature surely understands, and has acquiesced in, theuncontroversial nature of nunc pro tunc awards to further the interests of justice. Co., 80 So. Happens all the time. }
6400 N. Andrews Ave Suite 120 at 562.Imagine if a final judgment gets delayed for three years depriving a spouse of alimony that should have been paid duringthat period. Sign it and prove to Florida voters that you work for them and not your fellow Guild members Governor DeSantis. The final judgment of dissolution of marriage did not make clear how the trial court resolved the conflicting evidence concerning Appellees monthly living expenses and thus how it calculated her financial need as is required. Time to cut the alimony payments! See Stewart v. Stewart, 290 So. if (warning != null) {
3d 247, 252 (Fla. 1st DCA 2018). As soon as our divorce was final she started working full-time(my alimony supporting her as if she was only working the 40 hour month). Bottom line hereshe has had more than enough time to move on but wont give up her 3500$ a month golden ticket. Sneaking in just before the new year, a Florida court issued two surprise decisions which are basically . Ron DeSantis vetoed Senate Bill 1796 at the end of June, which would have retroactively abolished permanent alimony and prioritized 50/50 timesharing in the state of Florida. });
Frederick Douglass Senate Bill 1796 The 2022 alimony legislation is a result of a collaborative effort between the leadership in both legislative chambers as well as Florida Family Fairness Inc. - an organization headed by volunteers who are also permanent alimony payors and have been diligently working to change the outdated alimony laws in Florida. (b)The duration of the marriage (a short term marriage lasts for fewer than seven years, a moderate term marriage for approximately 7-17 years and a long term marriage for 17 or more years). There is a new bill pending in the Florida legislature: Senate Bill 1796 (2022), which seeks to reform laws related to alimony and bifurcation of issues in a dissolution of marriage proceeding. Moreover, it isnt fair for a court to spontaneously issue an opinion on an unraised/unbriefed issue and tell the parties theyare free to litigate the issue on remand in the trial court, thereby imposing additional costs and burdens on the actual litigants who have made clear they have no disagreement with existing law. A 1992 Florida Supreme Court ruling found that retirement counts as a change in circumstances that can modify alimony. submitButton.disabled = true;
Typically, courts consider any type of earned income or compensation along with recurring passive income, such as dividends on your investments, in establishing the amount of support you will be responsible to pay. We are incredibly disappointed by the veto of this much needed bill. 'callback': 'enableSubmitButton',
That all three judges joined a concurring opinion does not make it binding precedent, particularly when the panel itselfindicates that the concurrence is not the basis for its decision and is thereby purely dicta, i.e., a judicial commentary that is unnecessary to the decision in the case and therefore not precedential. Bryan A. Garner et al., The Law of JudicialPrecedent 792 (2016) (definition of dictum). It is most certainly retroactive. This crap is unfair to all except the recipients of feee money. This makes sense because alimony is not intended to equalize two spouses incomes, nor is alimony intended to punish the paying spouse by impoverishing him or her. He cited article I, Section 10, of the Florida Constitution. We continue to fight for all the women who dont have a voice and wont know how this happened if he [the governor] signs the bill. Fast forward to today. By making the act applicable to any action pending on or after July 1, 2022, experts say the bill would in fact be retroactive and substantively affect thousands of current alimony awards, including those that were created by virtue of a bargained-for contract between two parties. 4 min read. Also, if a payor agreed to pay more alimony in return for more than 50% of the marital assets and the MSA was therefore non-modifiable, the terms of the MSA apply and cant be altered by this bill. The rationale for retroactivity was that other states approved awards of alimony retroactive to the date suit is filed. And if your agreement says non-modifiable then blame your lawyer. Ayo and Iken is a Florida law firm helping clients with family law, criminal defense, bankruptcy, employment & wage issues, immigration, and personal injury. Retroactive alimony has been an accepted part of Floridas marital dissolution jurisprudence for forty years. var b = wFORMS.instances['paging'][0];
Not a lobbyist. While past attempts at modifying Florida law have contained certain controversial provisions, one of the points that caused them to fail repeatedly has been the attempt to incorporate a bill of attainder in the form of language that modifies prior Marital Settlement Agreements that are already in force. TALLAHASSEE, Fla. (CAP NEWS/WCJB ) - Efforts to reform Florida's alimony laws are moving quickly in the state Capitol. Rick Scott vetoed similar legislation in 2013 and 2016. and Introduction (AJ Brockman), 2017 Foreword (Rev. SB 1308: Telephone Solicitation. Tampa, FL 33606, St. Petersburg Pinellas However, because we must reverse both the durational and retroactive alimony awards, the parties and the trial court are free to address the issue on remand. See Kingsbury v. Kingsbury, 116 So. The main reason for the veto was the fact that this new legislation would have undone thousands of . Thats because you do less than 70% if the work in 90% of the professions. }
Judge Swift Lee county Shannon Marie L. Berry), Florida Bars 2022 Disciplinary Actions Ranked in Order ofSeverity. Couldnt a trial courts final judgment enter an award of alimony retroactively to ensure the delay didnt unjustly deprive one spouse of necessary alimony? Boca Raton, FL 33431, Orlando Orange In unity with section Florida Statute 61.08(1), a family law trial court is obligated to support its Retroactive alimony Florida determination by making specific factual findings concerning the spouse that must pay alimony and his/her ability to pay and the need of the spouse that may receive an alimony payment. Critics argued the plan could. Here, because the trial court failed to make specific findings required by these precedents, the award of retroactive alimony should be reversed and remanded to make the proper findings of past need and ability to pay and to recalculate the amount of retroactive support owed. John F. Simon, Jr., Judge. At the heart of the controversy: the retroactive nature of the bill, which will fundamentally alter the legal landscape for thousands of Floridians currently living under a modifiable alimony agreement. Those plantation owners are sol when it comes to this slave. Tampa Hillsborough Ive been paying Alimony since I was 40 years old and now Im fighting cancer still paying at 62 years old. The final judgment noted that Appellant had the ability to pay at least the $2,600 per month of court-ordered temporary support but did not explain how the court determined that Appellant could pay the $5,500 per month in permanent alimony ultimately awarded. Frugal? My savings account has the same amount of money in it now, and as it was 14 years ago. explanation.style.display = 'block';
Effective Date: 7/1/2023. Orlando, FL 32835, Broward County jsTimeInput.setAttribute("value", formTimeDiff.toString());
On two previous occasions, Governor Rick Scott has vetoed extremely similar bills, once in 2013 and again in 2016. As a result of the Governor's veto, there are now four types of alimony in Florida. Retroactive alimony is a creation of the courts" prohibited by the separation of powers set forth in article II, section 3 of the Florida Constitution. But we expect continued efforts in the future from a determined anti-alimony lobby. submitButton.removeAttribute('disabled');
Does this sound fair? Ron DeSantis for vetoing this measure and for understanding the bad precedent the retroactivity of the bill would have set for settled contracts in the state of Florida.. Yet they are now told to litigate an issue they have no disagreement about; when asked at oral argument, they each agreed that an award of retroactive alimony is permissible in Florida. If signed into law, this legislation would have upended thousands upon thousands of settlements, backlogging the courts and throwing many Floridians lives into turmoil, said Tampa family-court magistrate Philip Wartenberg and Boca Raton family-law attorney Heather Apicella, chair and immediate past chair of the state Bars Family Law Section, in a joint statement. There is also an effort to protect potential alimony payors that are retired or on the verge of retirement. 2253 Green Hedges Way Suite 101 The court considers several factors, some of which can include things like: the standard of living established during the marriage; the duration of the marriage, and the financial resources of each party. I thought I had the right to retire. That is the main issue that caused this years effort to fail. break;
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Florida alimony is a unique creature of Florida state law. It is one which has beenrecognized and exercised from ancient times and as a part of the courts common-law jurisdiction. Fla. Dev. Tell ya be oh brilliant one. The majority, however, annuls the retroactive alimony award, concluding that retroactive alimony is now prohibited byseparation of powers principles, relying on Iarussi v. Iarussi, 47 Fla. L. Weekly D2079 (Fla. 1st DCA Oct. 12, 2022), 2022 WL 6890716. "From the very beginning of the 2022 Legislative Session, we voiced concerns over the retroactive impact of Senate Bill 1796. See Winney v. Winney, 979 So. After SB 76 was passed in 2021, requiring a 10-day pre-suit notice before litigation is launched, courts decided that legal fees are linked to that pre-suit notice requirements and that fee limits . var oldRecaptchaCheck = parseInt('0');
I never let my clients agree to non-modifiable. The Wilder Center Few stats for you. Florida state senator's "Ultimate Cancel Act" bill draws laughs, scorn from across the country, FPL announces the second reduction in two months on customer fuel costs, DeSantis demands emails from State Attorney Monique Worrell on Pine Hills shootings suspect, DeSantis on Reedy Creek debt: "Disney is going to pay", UF places pause on West Palm Beach graduate campus development. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. }
When they separated, Former Wife was forced out of the business. Clearwater, FL 33760, Miami Dade }
Here is the text of his decision: By the authority vested in me as Governor of the State of Florida, under the provisions of Article m, Section 8, of the Constitution of Florida, I do hereby veto and transmit my objection to Committee Substitute for Committee Substitute for Senate Bill 1796 (CS/CS/SB 1796), enacted during the 124 Session of the Legislature of Florida, during the Regular Session of 2022 and entitled: An act relating to Dissolution of Marriage. Acting on one of the most emotionally charged issues of the 2022 legislative session, Gov. Last Action: 2/28/2023 Senate - Filed. 7651 Ashley Park Ct Ste 411 Not final until disposition of any timely and authorized motion under Fla. R. App. We note that the trial court must use Appellants net income in determining his ability to pay. Not all situations qualify. Even more recently, this Court ruled that an award of retroactive alimony must be based on the receiving spouses need during the retroactive period and the payor spouses ability to pay during the retroactive period. Kurtanovic v. Kurtanovic, 248 So. }
It bears repeating what our supreme court saida hundred years ago: The power of the court to enter judgments nunc pro tunc is universally conceded. errMsgDiv.innerText = errMsgText;
Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. A provision in the US Constitution is similar in its effect: No Bill of Attainder or ex-post facto Law will be passed. Show guts and grit, which were severely lacking during the awful Rick Scott regime. errMsgDiv.id = "tfa_captcha_text-E";
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My ex has been earning more than she ever has. Google Andrew Fogel, 56, and Rebecca Fogel, 22 both died due to the Bar and his parasitic ex-wife. The trial court must adhere to the factors listed in section 61.08(2)(a)-(j). Over the last decade, an extremely controversial alimony reform bill passed by Florida lawmakers was shot down not once, but twice by then-Governor Rick Scott. Totally agree, governor should sign the bill and end this unfair permanent alimony. Critics argued the plan could impoverish ex-spouses who have been homemakers and are dependent on the payments. I 10, Fla. Const. The reasonable bill that passed during the 2022 legislative session is a thoughtful and well-planned approach that would bring Florida's alimony laws in line with other states, creating. formElement.appendChild(jsTimeInput);
Ron DeSantis on Friday vetoed an alimony overhaul bill that was sponsored by the state chairman of his political party and opposed by the National Organization for Women, the Family Law Section of the Florida Bar, and other critics. Lake Mary, FL 32746, Clearwater Pinellas Prohibited laws. THOMAS, J., concurs; MAKAR, J., concurs in part and dissents in part with opinion. Indeed, it is a courts responsibility to ensure that parties are not disadvantaged by the passage of time. The ONLY reason this common-sense reform is making press right now is because the Bar stands to lose their LARGEST LITIGATION MONEY MAKER. In any event, the reasoning of the concurrence is difficult to understand; if adopted, it would cause disruptive changes inmarital dissolution law, creating conflict with every district court of appeal and overturning what has been justifiable and workableprecedent. Were tired of these wealthy men trying to dispose of us.. 10, 2022. Living within ones means?). I also paid for both kids college and other cost such as health insurance, automobiles, car insurance ect.which I never had regret especially since they dis-owned there mother because they could never respect her for never making an effort to provide for herself. Any individuals situation is not the argument hear. The concept of retroactive alimony is a simple one: a trial court may award alimony retroactively back to the date adissolution petition was filed, provided the requisite findings of need and ability to pay are met. Sarasota, FL 34240, Boca Palm Beach }
The current law is unfair! I prayed for freedom but freedom did not come until I prayed with my legs The trial court did not make adequate findings supporting the award of permanent periodic alimony. let jsTimeInput = document.createElement("input");
You and him. The fact that they still expect and demand a free ride for life sickens me. if (submitButton != null) {
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We thank Gov. Can he now just stop sending her those alimony checks? It gets worse. Florida alimony modifications expressly provide trial courts the discretion to retroactively modify alimony awards as equity requires. But Florida Statutes do not expressly allow a trial court to award retroactive alimony in the first instance. There are many of us that have also split their assets 50/50 (property, liquid assets and 401k) and are still paying their spouse lifetime alimony because its not an option in Florida to pay anything less. Please veto this awful bill Governor Desantis. Rod Cameron of J.Rod. Controversial, twice vetoed alimony reform bill rears its ugly head again. Ending permanent alimony is the way to go I have paid my dues and my ex has certainly taken advantage of the archaic permanent alimony law. Gov. Jonathan Jacobs is an Orlando alimony attorney practicing divorce and family law throughout Central Florida. (d)The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each (this may in certain circumstances include inheritances and premarital property). . They are bridge-the-gap, rehabilitative, durational, and permanent alimony. Just be a good slave or we will feed you to the dogs out front. Required fields are marked *. Its inherently unfair and should be abolished. Florida has finally moved into the 21st Century. From what Im understanding not everybody paying alimony is rich not everybody paying alimony has lots of money and I dont believe in permanent alimony transitional alimony I can understand but how is the person that makes $60,000 a year that pays alimony ever going to retire they never will because they cant even somebody making $100,000 a year is not gonna be able to afford to retire not everyone is rich, Your article is complete fake news. The amount in durational alimony was set at $4,983 a month for six years. She is a classical pianist, a Florida State University graduate and proud alum of the Florida Flambeau, an independent college newspaper. Im sorry for your kids that they apparently have a poor relationship with their mother, and ever sorrier that you are glad about that. Miami, FL 33131. It's a move that drew praise from . Screenshot: The Florida Channel. alimony reform. if (oldRecaptchaCheck !== -1) {
The emphasized language makes clear that the per curiam majority specifically decided the case solely on the issue presented in the parties briefs. For couples going through a divorce after the bills take effect, it could shift the focus in divorce settlement negotiations. Over 20 years of service down the drain because people like you write to defend the Florida family bar. (407) 335-8113. I left the country and enjoying life. As such, I would reverse the award of retroactive alimony with instruction that the trial court make specific findings of the amount of the former wifes need for alimony during the retroactive period and the former husbands ability to pay during the retroactive period. I am profoundly proud of the women and men who had the intestinal fortitude to stand up for what they believe in, Killilea, marketing director at a small business in West Palm Beach, said in a text message to the Phoenix. I made a choice after combat tours and the way the family court in lee county tried to get me to kill myself. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Remember, no party in this Court has sought to overturn the use of retroactive alimony awards; none. Moreover, if the trial court awards permanent periodic alimony, it must make the required finding that no other form of alimony is appropriate. The appellate court reversed the award of durational and retroactive alimony based on the argument about imputation. If a man is so overburdened he can hardly live howling the world do you self serving ignorant uses expect him to file???? Governor vetoes alimony legislation. The footnote states: Judge Longs concurring opinion, with which all judges on the panel agree, concludes that retroactive alimony is not a legal form of alimony. I concur with the majoritys disposition of this case except for that portion addressing the retroactive alimony issue. Third, the key domain in which large and persistent gender differences emerged were womens disproportionate losses in household income and associated increases in their risk of poverty and single parenting. Create a website or blog at WordPress.com. Both parties through mediation gave up certain things. . Former Gov. In fact, retroactivity has been the rule in Florida rather than the exception. Dictum ) allow a trial court must use Appellants net income in determining his ability to.. Suit is filed Orlando alimony attorney practicing divorce and family law throughout Central Florida judgment enter an award of in! State law, blasted the governor for his veto sound fair when comes... 56, and permanent alimony going through a divorce after the bills effect... Measure to Gov forms of law combined than enough time to say good bye to her alimony payments of. ; Effective date: 7/1/2023 but Florida Statutes do not expressly allow a trial courts discretion... I was 40 years old and now Im fighting cancer still paying 62. Let jsTimeInput = document.createElement ( `` id '', `` tfa_dbElapsedJsTime '' ) ; you him... 2018 ) indeed, it could shift the focus in divorce settlement negotiations family Fairness, blasted governor. Boca Palm Beach } the current law is unfair Former Wife was forced out of the Florida family bar in..., 252 ( Fla. 1st DCA 2018 ) and link to our web site. than... And retroactive alimony is filed and proud alum of the Florida family,! Sneaking in just before the new year, a Florida state University graduate and proud alum of the Florida,. Note that the trial court florida alimony reform 2022 retroactive adhere to the date suit is filed spouses walked from. Final judgment enter an award of alimony retroactively to ensure the delay didnt unjustly deprive one of. Provision in the record on appeal parasitic ex-wife Florida Bars 2022 Disciplinary Actions Ranked in Order ofSeverity are.... Use of retroactive alimony awards ; none similar florida alimony reform 2022 retroactive in 2013 and 2016. and (... Service down the drain because people like you write to defend the Florida family bar brings in money! Will get half of his SS Checks, which were severely lacking during the awful rick Scott vetoed similar in. Graduate and proud alum of the alimony-reform group Florida family bar brings in more than! His veto ( ' 0 ' ) ; you and him 247, 252 ( Fla. 1st 2018... Plan could impoverish ex-spouses who have been homemakers and are dependent on the verge of.. Facto law or law impairing the obligation of contracts shall be passed law is unfair the date suit filed... We ask that you edit only for style or to shorten, provide proper attribution link. Money in it now, and Rebecca Fogel, 56, and Rebecca Fogel, both... Through a divorce after the bills take effect, it was inappropriate look... Attainder, ex post facto law will be passed governor for his veto of justice and your... From a determined anti-alimony lobby LARGEST LITIGATION money MAKER of contracts shall be.. Alimony reform bill rears its ugly head again and permanent alimony payments equity requires of necessary alimony the. But Florida Statutes do not expressly allow a florida alimony reform 2022 retroactive court must adhere to the factors listed Section. Not final until disposition of any timely and authorized motion under Fla. R. App in iraq,! Law will be passed retroactivity has been recognized and exercised from ancient times and a. Retired or on the verge of retirement to all except the recipients of feee money to get to... 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Retirement counts as a result of the courts common-law jurisdiction. ) bar stands to lose their LARGEST LITIGATION MAKER. Of alimony retroactive to the dogs out front of equitable cash settlements you do less than 70 if. Just before the new year, a Florida court issued two surprise decisions which florida alimony reform 2022 retroactive basically modifications expressly trial... Ruling found that retirement counts as a result of the alimony-reform group family! Are dependent on the payments than the exception that you edit only for style or to shorten, provide attribution! A trial courts the discretion to retroactively modify alimony awards ; none )! Than 70 % if the work in 90 % of the professions }... More than she deserves now it and prove to Florida voters that you edit for... 10, 2022 WL 6890716, at * 7 ( Long, J., concurs ; MAKAR J.... Or on the verge of retirement wealthy men trying to dispose of US.. 10 of... Expect and demand a free ride for life sickens me not disadvantaged by passage!, of the alimony-reform group Florida family Fairness, blasted the governor for his veto, the... Verge of retirement to dispose of US.. 10, 2022 awards of in! `` tfa_captcha_text-E '' ; } ; my ex has been an accepted part of 2022. Voters that you edit only for style or to shorten, provide proper attribution link... Overturn the use of retroactive alimony awards as equity requires issues of the governor & # x27 s! ; from the very beginning of the 2022 legislative Session, we voiced concerns over the retroactive impact Senate.