Case law

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Florida Attorney General Reports · Jan 14, 1974

AS TO QUESTION 1: Section 218.31 , F.S., reads, in relevant portion: "As used in this part, except where the context clearly indicates a different meaning: (1) "Unit of local government" means a county, municipality or special … The issuance of bonds is subject to approval by referendum of the qualified electors of the district (s. 374.85, F.S.); and taxes may be levied on property within the district (s. 374.92, F.S.).

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Florida Attorney General Reports · Sep 2, 1977

This section further states that `each housing authority created for a county and the commissioners thereof . . . shall have the same functions, rights, powers, duties, immunities and privileges provided for housing authorities … (It should be noted that s. 421.27 does not in express terms qualify or limit the Governor's appointive powers, other than requiring his appointees to be qualified electors of the county, or his suspension power and does

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Florida Attorney General Reports · May 12, 1987

Initially I would suggest that, in light of the following discussion, reconsideration of this matter by the Legislature may be advisable in an effort to clearly delegate or prescribe responsibility for payment of these costs … and maintain a central abuse registry to receive written or telephonic reports of such abuse, neglect, or exploitation; and subsection (5), supra, providing immunity from civil or criminal liability for persons participating

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Florida Attorney General Reports · Oct 1, 1985

See generally, AGO 80-28 (county health units established and maintained under provisions of Part I, Ch. 154 , F.S., are agencies of county government). … Clearly the Citrus County Health Unit as an agency of county government is an "agency" within the purview of Ch. 119.

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Florida Attorney General Reports · Jan 30, 1976

The language and intent of the Legislature, as expressed in s. 477.17(1)(f), is clearly to require that all cosmetologists who meet the qualifications set out in s. 477.06(1)(c) and (f) for certification by the board as master … S., authorizes the board to credit a portion of an unexpired certificate of registration fee toward the statutorily established fee required to be submitted for issuance of a certificate of registration for another designation

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Florida Attorney General Reports · Aug 15, 1990

Clearly, therefore, the joint acquisition by the department and Marion County would fall within the provisions of s. 253.025 (8)(e)2., F.S., allowing the purchase price to exceed the appraisal amount. … Section 768.28 (2), F.S., provides: As used in this act, "state agencies or subdivisions" include the executive departments, the Legislature, the judicial branch (including public defenders), and the independent establishments

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Florida Attorney General Reports · Jun 19, 1975

Section 205.064 , F.S. (1974 Supp.), clearly exempts the qualified individual produce seller from payment of any local occupational license tax. … To so construe this section would be to establish an exemption, beyond the given limitation, in derogation of the principle that exemption sections shall be strictly construed against the taxpayer. State ex rel.

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Florida Attorney General Reports · Sep 14, 2004

As you note, PRIDE is the nonprofit corporation established pursuant to Part II, Chapter 946 , Florida Statutes. … (PRIDE) was an instrumentality of the state entitled to the benefits of sovereign immunity.

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Florida Attorney General Reports · Aug 12, 1976

An administrative rule is entitled to great weight in construing a statute, but it cannot stand if clearly contrary to the language of the statute. Cf. Greyhound Lines, Inc. v. … The question remains whether the provisions of Ch. 63-1787, Laws of Florida, establishing county welfare liens permit their enforcement in this manner.

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Florida Attorney General Reports · Sep 24, 1996

[T]he county, municipality, special strict, or other political subdivision may establish, by municipal or county ordinance or special district resolution, procedures for conducting the bidding process." 23 While this section … Clearly this definition is too restrictive for purposes of section 255.20 , Florida Statutes, which contains references to counties, municipalities, special districts and other political subdivisions.

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Florida Attorney General Reports · Feb 14, 1997

If so, is the Metropolitan Planning Organization covered by sovereign immunity limitations in operating such a system? In sum: 1. … Under its adopted transit development plan, the organization proposes to establish a mass transit system in Marion County.

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Florida Attorney General Reports · Jan 17, 2002

referred to the hospital district as a special taxing district. 7 In addition, the Department of Community Affairs lists the hospital district as an independent special district in its official list of special districts. 8 Clearly … , the Campbellton-Graceville Hospital District is not a branch or department of state government. 9 Nor does the district appear to qualify as a "state agency."

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Florida Attorney General Reports · Jul 18, 2003

The term includes "the property or property rights, both real and personal, which have been or may be established by public bodies for the transportation of people or property from place to place." … Section 337.406 , Florida Statutes, which addresses the need for a permit to solicit on state-maintained roads, contains no exception for 501(c)(3) organizations; rather, the statute clearly contemplates that such organizations

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Florida Attorney General Reports · Jan 23, 1992

Thus, the special act creating the district requires candidates to qualify in the primaries which, under the election laws of this state, is an election held for the purpose of nominating a party nominee to be voted for in … Government of City of Jacksonville, 225 So.2d 497 (Fla. 1969) (general act does not repeal or modify special act unless general act is complete revision of whole subject or unless the two acts are so irreconcilable as to clearly

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Florida Attorney General Reports · Oct 1, 1991

You also refer s. 119.07 (3)(n), F.S. (1990 Supp.), which establishes a narrow exemption for certain work product of agency attorneys. … While the investigation may lead to a criminal investigation, 8 the inquiry would not at this point appear to qualify either as criminal investigation of a specific act or omission or as intelligence gathering conducted with

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Florida Attorney General Reports · May 18, 1995

The statute clearly reflects the legislative intent that its provisions prevail over any conflicting statutes. … Section 253.025 (6)(e), Florida Statutes (1994 Supp.), appears to establish that maximum value.

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Florida Attorney General Reports · Nov 7, 2007

Section 8, Chapter 2005-300 , Laws of Florida, establishes strict low bid criteria for the award of contracts with the Sebring Airport Authority. … For those situations involving contracts for professional services, this provision would clearly conflict with the CCNA's requirement that an agency competitively select and negotiate with the most qualified firm to provide

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Florida Attorney General Reports · Apr 6, 1976

firefighters and firefighter recruits, and the issuance of certificates of competency to persons who, by reason of experience and completion of basic inservice training, advanced education, or specialized training, are especially qualified … "full-time professional firefighter(s)" as contemplated by s. 633.30 (1), as these individuals have yet to satisfactorily complete the training program and receive a certificate of compliance from the division, which is clearly

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Florida Attorney General Reports · Jun 25, 2003

Clearly, membership on the county commission constitutes an office. 1 In order to avoid a potential dual office-holding problem, you ask whether board members on municipal firefighter pension boards established under Chapter … any securities of the fund into cash. 10 A complete record of the receipts and disbursements of the trust fund shall be kept. 11 The statute requires at least once every three years that the board retain a "professionally qualified

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Florida Attorney General Reports · Apr 12, 2001

The court considered a regional planning council established under former Ch. 160, Fla. Stat. ( see now ss. 186.501 - 186.513 , Fla. Stat.). 15 See , s. 99.012 , Fla. … thereof runs concurrently with the term of office for which he seeks to qualify without resigning from such office. . . ."