Case law

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Florida Attorney General Reports · Dec 1, 1977

QUESTION: Is an international banking corporation which establishes an international bank agency or representative office pursuant to Ch. 77-157 , Laws of Florida, subject to the provisions of part II or part VII, Ch. 220 … Thus, an international bank agency, to qualify for the s. 220.68, F.

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Florida Attorney General Reports · Nov 16, 1976

a street or road, the construction and maintenance of which is clearly authorized or provided for by s. 206.605 (3). … S., to mean the property or property rights of a type used for the establishment of public transportation systems established for the transportation of people and property, including all forms of transportation located on

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Florida Attorney General Reports · Sep 10, 1997

This interpretation is clearly in accord with the legislative history of House Bill 3-B, subsequently designated Chapter 93-400, Laws of Florida. 3 Therefore, it is my opinion that the surviving spouse of a permanently and … veteran than the surviving spouse of a qualified permanently and totally disabled veteran.

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Florida Attorney General Reports · May 17, 1979

The Group-Living Home Trust Fund was established by Ch. 75-197, Laws of Florida codified as s. 393.15 , F. S. … S., provided the debtor group-living homes qualify and satisfy the conditions specified by Ch. 76-128. Prepared by: Craig B. Willis Assistant Attorney General

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Florida Attorney General Reports · Aug 27, 2008

In addition to these requirements, any officer or employee who retires under the Public Employee Optional Retirement Program established under part II of chapter 121 shall be considered a "retired officer or employee" or … In determining the meaning of a statute, the primary consideration is to give effect to the intent of the Legislature. 6 Where the legislative intent is clearly manifest by the language used, a court will not look behind

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Florida Attorney General Reports · Apr 30, 2004

City of Tallahassee 4 the court construed sections 171.021 and 171.022 , Florida Statutes, in concluding that "it is apparent that the legislature intended to provide a clearly defined and exclusive method by which an annexation … Pursuant to the statute, the governing body of a municipality may propose a contraction of the city's boundaries by ordinance and provide an effective date for the contraction. 9 A method is also established for qualified

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Florida Attorney General Reports · Feb 17, 1987

a statute, in effect, incorporates the language of that statute as it existed at the time the reference was enacted, unaffected by any subsequent amendment or repeal of the incorporated statute unless a contrary intent clearly … This section requires, inter alia, an election by the qualified electors of the territory affected approving the inclusion of such territory in the district prior to such change.

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Florida Attorney General Reports · Sep 30, 1999

proposed agreement sets forth the procedure for requesting assistance, and the logistics of command and supervisory responsibility; recognizes the liability of the parties to the agreement, as well as the powers, privileges, immunities … include the chief officer of a county in order to encompass charter counties that have abolished the office of sheriff. 7 Consideration of the grammatical construction of the statute led this office to conclude that the qualifying

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Florida Attorney General Reports · Dec 3, 1974

Had the legislature intended to establish other exceptions it would have done so clearly and unequivocally. Dobbs, supra. … Here, however, it appears that the appointing officer will be required to select his appointee from among a list of eligible candidates who have successfully passed the civil service examination and are otherwise qualified

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Florida Attorney General Reports · Jan 12, 1999

The requirements for major party candidates, however, under the constitutional amendment, clearly establish the benchmark for independent and minor party candidate ballot access. … and minor party candidates would now have the option of being placed on the ballot by payment of a qualifying fee or by petition.

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Florida Attorney General Reports · Aug 12, 1985

(rules of the Electrical Contractors' Licensing Board establishing financial responsibility criteria for certification). … Fla., 1981); AGO 83-60 (relative and qualifying words and phrases are to be applied to the word or phrase immediately preceding).

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Florida Attorney General Reports · Jan 27, 2005

Subsection (c) of that section provides for the establishment of citizen review panels in states to which a grant has been made pursuant to that section. … are confidential and not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceedings, except that information, documents and records otherwise available from other sources are not immune

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Florida Attorney General Reports · Sep 14, 1982

The other amendment provided that any sheriff who qualifies for the salary incentive provided in s 943.22 (2)(d), F.S. … Allowing sheriffs to qualify for the salary incentive benefits does not appear to be in derogation of this intent and purpose.

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Florida Attorney General Reports · Jan 7, 2002

While the statute does not specify that the corporation must maintain an office within the agency's area of operation, maintenance of such an office clearly would constitute evidence of the corporation's presence within the … City of West Miami, 16 a permanent presence of a business also could be established by a warehouse or storage facility or other related facility involved in the operation of the business, as well as offices.

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Florida Attorney General Reports · Jun 1, 2005

To qualify under Plan Three, an applicant must possess a valid certificate of clinical competence issued by ASHA. This plan would clearly meet the requirements of 42 C.F.R. section 440.110 (c)(2). … The requirements of Plan Four do not appear to meet those established under 42 C.F.R. section 440.110 (c)(2).

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Florida Attorney General Reports · Sep 25, 1996

City of Tallahassee, 418 So.2d 1148 (Fla. 1st DCA 1982), rev. den. 427 So.2d 737 (1983) (statutes provide clearly defined and exclusive method by which annexation can be accomplished). 3 Section 171.0413 (1), Fla. … Gordon Brothers Concrete, Inc., 339 So.2d 1156 (Fla. 2d DCA 1976) (garnishment statute did not provide statutory authority for waiver of state's immunity in garnishment proceeding); City of St. Petersburg v.

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Florida Attorney General Reports · Feb 12, 1999

Does the Miami-Dade Inspector General qualify as "an appropriate local official" for purposes of the Whistle-blower's Act? 2. … The Miami-Dade Inspector General appears to qualify as "an appropriate local official" for purposes of the Whistle-blowers Act. 2.

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Florida Attorney General Reports · Feb 13, 1985

Green, 132 So.2d 24 (3 D.C.A.Fla., 1961), to the effect that a statutory definition of a word is controlling unless a contrary intent clearly appears. … And see, AGO 71-207 (in order for special taxing district to qualify for the levy of additional millage under s 200.071 , one of the requirements which must be met is that the special taxing district must be limited only

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Florida Attorney General Reports · Jun 29, 1977

A city council member is clearly a municipal officer within the purview of s. 5(a), Art. II, State Const. … The Police Standards and Training Commission of the Department of Criminal Law Enforcement is charged with the responsibility of establishing uniform minimum standards for the employment and training of these officers, s.

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Florida Attorney General Reports · Jun 12, 1984

Further, it is a well-settled rule that a statute will not be construed as retroactive unless its terms clearly show that the Legislature intended such a result. … A commissioner shall hold office until his successor has been appointed and has qualified. . . .