Case law

Florida Power Corp. v. Garcia

26 Fla. L. Weekly Supp. 102 · Supreme Court of Florida · Mar 1, 2001

That power has been clearly recognized by the parties through the "regulatory out" provisions of those contracts. … NOTES [1] "Qualifying Facilities" are those small power generators and cogenerators who meet the qualifying criteria set forth in Rule 25-17.080 ("Definitions and Qualifying Criteria"), Florida Administrative Code, enabling

Gooding v. Brown

22 Fla. 437 · Supreme Court of Florida · Jun 15, 1886

required by the constitution and laws of this State, and by this act, (the word section is improperly substituted for the word act in McClellan’s Digest, sec. 13, p. 248,) and section 9 gives power to the town council to establish … Indirectly in form, yet clearly in fact, the requirement of the act of 1869 would, under the provisions of the act of 1877, be, that to vote at the election to be held in Orlando the relator must have been a citizen of Orange

Dade County v. Renedo

147 So. 2d 313 · Supreme Court of Florida · Dec 5, 1962

the wit *315 nesses, when conflicting, as to value and damage, the better rule is that the questions of value and damage should be determined by the jury upon the evidence given by the witnesses whom the court has held qualified … An examination of that opinion clearly establishes that' the court concluded that the evidence as to damage suffered by the respondents in the condemnation proceeding was conflicting in the sense that such evidence was susceptible

Carlton v. Sims

276 So. 2d 832 · Supreme Court of Florida · Apr 26, 1973

Accordingly, we are concerned with the limited issue of whether a prima facie case was established by petitioner. … Clearly, the decedent was eccentric. However, equally clear was his stated desire on numerous occasions to leave his estate to the petitioner.

State v. Silva

259 So. 2d 153 · Supreme Court of Florida · Feb 22, 1972

Also, an attempt to keep the number of qualified women the same as qualified men has been made. "3. Since at least April, 1971, with the appointment of Mr. … of such qualified electors... .'

State Ex Rel. Ayres v. Gray

69 So. 2d 187 · Supreme Court of Florida · Dec 11, 1953

and establish a person as a candidate for the office of Governor. … The Court, therefore, issued an alternative writ commanding the Secretary of State to strike from the records of his office all papers filed and entries made establishing and qualifying Brailey Odham as a candidate for the

State Ex Rel. Charlotte County v. Alford

107 So. 2d 27 · Supreme Court of Florida · Nov 26, 1958

His message observed that the act "clearly [is] an attempt to deal with and control the state game fund and is in violation of the Constitution." … State Turnpike Authority, Fla., 106 So.2d 421 , for a discussion of the analogous proposition of immunity from suit of state agencies. [10] Ch. 30275, Laws of Florida, Acts of 1955. [11] Art III, Sec. 20, Florida Constitution

Bowden v. Carter

65 So. 2d 871 · Supreme Court of Florida · May 8, 1953

Inasmuch as Petitioner in the previous decree has established his right to vote in the general election in November and in this decree has established his right to vote in the October Democratic Primary, the Court does not … Clearly such opinion affirms the existence and legality of the "method and means" of political selection wherein the total qualified electorate voluntarily divides itself into mutually exclusive political parties, the integrity

FLORIDA PAROLE AND PROBATION COM'N v. Paige

10 Fla. L. Weekly 57 · Supreme Court of Florida · Jan 17, 1985

We answer the certified question in the affirmative and hold that the Commission did not abuse its discretion in deciding that Paige does not qualify for parole at this time under the criteria established by section 947.18 … This information clearly was available to the Commission at the time the presumptive release date was established and subsequently when it was reaffirmed.

State ex rel. West v. Butler

70 Fla. 102 · Supreme Court of Florida · Jul 9, 1915

The terms, the history and the governmental application of our constitution establish a system of Circuit Courts with one Judge for each Circuit, and the amendments adopted clearly show an intent to continue and extend the … courts will not be regarded as authorizing an increase of the number of judges of such courts, unless that intent clearly appears by the language used.

Beasley v. State

518 So. 2d 917 · Supreme Court of Florida · Jan 21, 1988

The trial court ruled that the sister's testimony was relevant to establish that Beasley had the opportunity to perform the illegal acts. … He also contends that the acts described by the victim's sister had neither a sufficient "level of uniqueness" nor sufficient "identifiable points of similarity" to qualify as similar fact evidence.

State Ex Rel. Palm Beach Jockey Club, Inc. v. Florida State Racing Commission

158 Fla. 335 · Supreme Court of Florida · Dec 10, 1946

March 16, 1945, provides that in order to assist in passing on the merits of applicants for permits each applicant shall submit a statement as to the qualifications of the applicant to conduct racing at a track and shall clearly … the Legislature or statute which may reasonably be construed as granting broad discretionary powers to the Racing Commission in granting or denying to applicants conditional permits, but the procedure in each detail is clearly

Greenwood v. Oates

251 So. 2d 665 · Supreme Court of Florida · Jul 12, 1971

Of course, instances may arise where the facts are so clearly established that the conclusion becomes one of law. … Conceivably, a claim for agricultural assessment under assertion of a bona fide forestry operation could be "bona fide" within the meaning set forth above, yet not meet any standards sufficient to qualify it as an "operation

State v. Florida State Improvement Commission

47 So. 2d 627 · Supreme Court of Florida · Jul 25, 1950

determined by the county commissioners to be for the best interest of the county; thus leaving the way open for the county commissioners to determine to what extent the county should have the use of the building for purposes clearly … or establishment as that any particular county acting alone can be required to impose an ad valorem tax for any part of its maintenance.

Cook v. City of Jacksonville

823 So. 2d 86 · Supreme Court of Florida · May 23, 2002

Grassi, 532 So.2d 1055 (Fla. 1988), established that where the constitution establishes no qualifications, the Legislature may impose additional qualifications. See Cook, 765 So.2d at 292 . … Because no qualifications were established for the clerk of the circuit court in the constitution and because Jacksonville's home rule powers authorized it to establish a government framework within its territorial boundaries

Bailey v. City of Tampa

92 Fla. 1030 · Supreme Court of Florida · Dec 7, 1926

Section 1 of Chapter 9095: “The inhabitants of the City of Tampa, Florida, as its limits now are or as the same may hereafter be established, shall continue to be a body politic and corporate under the name of the City of … Since this is true and the contract entered into between the City of Tampa and the Tampa Board of Trade pursuant to said Act clearly negatives any purpose on the part of the city to-appropriate money for or loan its credit

Slater v. State

316 So. 2d 539 · Supreme Court of Florida · Jun 25, 1975

Although Ware was granted immunity from further prosecution, he refused to testify and was held in contempt. … The imposition of the death sentence in this case is clearly not equal justice under the law.

Webb v. Dunn

18 Fla. 721 · Supreme Court of Florida · Jan 15, 1882

An act to' establish the office of Harbor Master for the port of Pensacola, approved December 8,1866, (Ch. 1620,) provides for the appointment of a Harbor Master, and prescribes his duties. … The third section provides that “ said Harbor Master, under the rules and regulations to be established by the Board of Port Wardens for the port of Pensacola, shall have authority to regulate and station all vessels in the

State v. County of Sarasota

197 So. 2d 521 · Supreme Court of Florida · Apr 5, 1967

The supplemental record clearly establishes that the bond election was held in conjunction with and as a part of the primary election and that the decision in this case as to the number of voters participating in the election … to vote which number included 2,179 persons who were not registered freeholders hut who had established their right to vote in the bond election under the provisions of Subsection (4-) of Section 100.241, Florida Statutes

Lewis v. State

377 So. 2d 640 · Supreme Court of Florida · Nov 1, 1979

Consequently, the possible bias of a member of the jury venire *643 which, as here, might affect the fairness of the trial of the accused, is clearly a proper ground of inquiry during this proceeding. … Clearly, such a statement would be irrelevant to the innocence or guilt of the accused for the crime charged and, as such, would constitute an improper and highly inflammatory matter to present to the jury.