Case law

Griffin v. State

114 So. 3d 890 · Supreme Court of Florida · May 16, 2013

However, this is clearly the standard applicable to rule 3.170(f), which expressly states that a court has discretion in this matter “at any time before a sentence.” … There was conflicting evidence about whether Koeolis was granted immunity. Koeolis testified that he had been given immunity by the State.

Advisory Opinion to the Attorney General Re: Adult Use of Marijuana

Supreme Court of Florida · Apr 22, 2021

(quoting Advisory Op. to Att’y Gen. re Standards for Establishing Legislative District Boundaries, 2 So. 3d 175, 187 (Fla. 2009)). … The following year, a similar initiative petition qualified for this Court’s review. See Advisory Op. to Att’y Gen. re Use of Marijuana for Debilitating Med.

Jacova v. Southern Radio and Television Company

83 So. 2d 34 · Supreme Court of Florida · Oct 26, 1955

The background had no look of an apartment, and the corner of the cigarette counter in the cigar shop was clearly visible in most of the scenes involving plaintiff. … Further, the background of his picture clearly showed him to be at a newsstand and not at some residential apartment, and that he occupied the role that, in fact, was his.

State Ex Rel. Adams v. Lee

122 Fla. 639 · Supreme Court of Florida · Nov 27, 1935

Clearly no right or title to office is involved in the instant case, but there is an attack upon the validity of a statute and the authority of the defendant Comptroller to enforce the Act. … Neither does the Act create or grant any privilege or franchise, or immunity, the usurpation of which could be relieved against by quo warranto.

Asay v. Florida Parole Com'n

649 So. 2d 859 · Supreme Court of Florida · Nov 10, 1994

Absent contrary federal law applicable to Florida via the Fourteenth Amendment, petitioners clearly are entitled to no relief. The Ritchie opinion comes closest in relevance. … Thus, the records enjoy all of the executive's immunities. Parole Commission v.

In Re: Amendments to Rules Regulating The Florida Bar - Miscellaneous Petition

Supreme Court of Florida · Jun 20, 2024

A person’s access to the legal system is enhanced by the assistance of a qualified lawyer. … REQUIREMENTS FOR ESTABLISHING A LAWYER REFERRAL SERVICE SPONSORED BY A LOCAL BAR ASSOCIATION The Board of Governors of The Florida Bar may adopt such regulations as it deems desirable governing the establishment, operation

Florida Real Estate Commission v. Rogers

176 So. 2d 65 · Supreme Court of Florida · Apr 7, 1965

The action of the district court was not contrary to the statutes of this State governing this Commission but clearly within the express provisions thereof. … Justice Drew are qualified by Sub-paragraphs (a), (b), (c), and (d), which follow the italicized words.

Rast v. Hulvey

77 Fla. 74 · Supreme Court of Florida · Jan 23, 1919

This constitutional provision does not ipso facto grant immunity from taxation to educational institutions. … the statutory provision granting immunity, the property is subject to taxation.

In Re: Amendments to Rules Regulating The Florida Bar - Miscellaneous Petition

Supreme Court of Florida · May 9, 2024

A person’s access to the legal system is enhanced by the assistance of a qualified lawyer. … REQUIREMENTS FOR ESTABLISHING A LAWYER REFERRAL SERVICE SPONSORED BY A LOCAL BAR ASSOCIATION The Board of Governors of The Florida Bar may adopt such regulations as it deems desirable governing the establishment, operation

Florida Department of Health, etc. v. Florigrown, LLC, etc.

Supreme Court of Florida · Jun 10, 2021

The Department was required to “[a]uthorize the establishment of five dispensing organizations to ensure reasonable statewide accessibility and availability” of low-THC cannabis for qualifying patients. … The idea is that anyone can effectively join the classes established by section 381.986(8)(a)1.

Florida Department of Health, etc. v. Florigrown, LLC, etc.

Supreme Court of Florida · May 27, 2021

The Department was required to “[a]uthorize the establishment of five dispensing organizations to ensure reasonable statewide accessibility and availability” of low-THC cannabis for qualifying patients. … The idea is that anyone can effectively join the classes established by section 381.986(8)(a)1.

Department of Revenue v. Kuhnlein

646 So. 2d 717 · Supreme Court of Florida · Nov 30, 1994

In 1990, the Florida Legislature passed an act imposing a $295 impact fee on cars purchased or titled in other states that then are registered in Florida by persons having or establishing permanent residency here. … deposited into the General Revenue Fund, shall not be refundable unless it is paid in error. (2) The fee imposed by subsection (1) shall not apply to: (a) Service-providing vehicles of those not-for-profit organizations which qualify

Nell v. State

277 So. 2d 1 · Supreme Court of Florida · Apr 11, 1973

Here the county commission clearly regulated the matter of dredging. The defendants believed that the permit was required by the ordinance, and they sought its issuance." … Clearly, they should no longer serve as precedents for this Court. A more modern decision, and one which should control the outcome of the instant case, is Raines v.

Florida Bankers Ass'n v. Florida Development Finance Corp.

176 So. 3d 1258 · Supreme Court of Florida · Oct 15, 2015

The purpose of the bonds is to finance qualifying improvements pursuant to the Property Assessed Clean Energy Act (PACE Act), established by the Legislature in section 163.08, Florida Statutes (2014). 1 The PACE Act provides … However, in Ingram , the City filed a petition for bond validation that “clearly did not comply with the affirmative requirements of the statute” that set forth what facts and allegations were to be in the petition.

Gilmer v. Bird

15 Fla. 410 · Supreme Court of Florida · Jun 15, 1875

By due process of law is most clearly intended the general law which hears before it condemns, which proceeds upon enquiry and renders judgment only after trial.” … This clause does not prohibit the Legislature from establishing a general rule of practice by which notice of the institution of an action may be given by an attorney or party.

Forsberg v. HOUSING AUTH. OF CITY OF MIAMI B.

455 So. 2d 373 · Supreme Court of Florida · Aug 30, 1984

The legislature has clearly stated that public records shall be open for public inspection. Just as clearly, the instant records are public records. … Cooley: "The right to one's person may be said to be a right of complete immunity: to be let alone. " T. Cooley, supra note 1, at 29 (emphasis added).

The Florida Bar v. Brown

905 So. 2d 76 · Supreme Court of Florida · Jun 9, 2005

This is clearly sufficient support in the record for the referee's findings that the "double pledge" was dishonest under these circumstances. … DeBock sought this Court's review, contending that equal protection demands that an attorney witness who is granted statutory immunity be treated the same as an immunized non-attorney witness.

The FLORIDA BAR Re ADVISORY OPINION—MEDICAID PLANNING ACTIVITIES BY NONLAWYERS

183 So. 3d 276 · Supreme Court of Florida · Jan 15, 2015

Preparation and Execution of Qualified Income Trusts If a Medicaid applicant’s gross monthly income exceeds a certain amount, a properly drafted Qualified Income Trust must be established and a Qualified Income Trust … If a Qualified Income Trust is not properly established or properly funded each month, then the Medicaid applicant will not be eligible for Medicaid.

Fla. Dept. of Rev. v. City of Gainesville

918 So. 2d 250 · Supreme Court of Florida · Dec 8, 2005

establishes that it is a self-executing provision and therefore does not require statutory implementation." … Mikos, 374 So.2d 458 (Fla. 1979), Justice Overton declared for a unanimous Court: A reading of section 3(a) of article VII clearly establishes that it is a self-executing provision and therefore does not require statutory

Munn v. Finger

66 Fla. 572 · Supreme Court of Florida · Jan 9, 1914

vote,' one to be elected from each ward of the City of Lake-land, and one at large, to serve for two years each from the date of their qualification, or until their successors are elected and qualified. … The only limitations upon the lawmaking power of the legislature are those contained in the Federal and State constitutions, and it does not clearly appear that the power of the legislature by law to confer upon a municipality