Case law

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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. . . ."

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Florida Attorney General Reports · Oct 4, 2011

Is to be awarded based on price, the contract must be awarded to the lowest qualified and responsive bidder in accordance with the applicable county or municipal ordinance or district resolution and in accordance with the … The word "must" generally does not allow for any choice when used in a statute and denotes compulsion, obligation, or requirement. 9 The general rule is that where language is unambiguous, the clearly expressed intent must

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Florida Attorney General Reports · Oct 10, 1996

The program is established in the statutory chapter for worker's compensation and identifies types of drug testing that will qualify an employer for reduced rates for workers' compensation insurance when a drug-free workplace … implement a policy of random drug testing and has not conditioned such testing on a finding of reasonable suspicion of illegal drug use by the employee. 5 Use of the word "random" to describe the testing would appear to clearly

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Florida Attorney General Reports · Dec 22, 1976

S., on a statewide basis, shall be required to establish his competency and qualifications to be certified as provided in part II of Ch. 468, F. S. … An "accessory use" is one which is subordinate to, clearly incidental to, customarily in connection with, and ordinarily located in the same lot with principal use. Board of County Com'rs of Boulder County v.

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Florida Attorney General Reports · Feb 28, 2001

In adopting "The Florida Sexual Predators Act," section 775.21 , Florida Statutes, the Legislature clearly expressed its concern with the threat to society represented by sexual offenders and sexual predators 1 and determined … would provide an on-going forum for local law enforcement agencies to provide notice to the community at large of the presence of sexual predators. 14 I would also note that section 775.21 (9), Florida Statutes, provides immunity

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Florida Attorney General Reports · Mar 11, 1976

The establishment of a uniform license renewal form, while not clearly included in those related administrative functions which shall be exercised by the head of the department, is a specific function which may be assigned … For instance, s. 464.051(3)(b) provides that one of the duties of the board is to "[e]xamine, license, and renew the license of each duly qualified applicant," (Emphasis supplied.) and s. 464.21(2) imparts a quasijudicial

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Florida Attorney General Reports · Apr 16, 1975

The remaining provisions of s. 231.40, supra, define or qualify sick leave. … Such a sick-leave policy would clearly violate the following Equal Employment Opportunity Commission Guideline: . . .

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Florida Attorney General Reports · Mar 2, 1982

their jurisdiction and powers,' that could be taken to immunize the Dade County Home Rule Charter or the charters of Dade County municipalities from the operation of the Constitution or of general law; rather, the Court … City of Miami Springs, 245 So.2d 80 (Fla. 1971), wherein the Florida Supreme Court stated that as s 169.021, F.S., related to all municipalities in Florida, it clearly complied with the constitutional restriction contained

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Florida Attorney General Reports · Jun 6, 1983

Burton: This is in response to your request for an opinion on substantially the following question: CAN A MUNICIPALITY REPEAL OR AMEND WITHOUT REFERENDUM A CHARTER PROVISION ESTABLISHING THE PROCEDURE FOR AND PLACING LIMITATIONS … Section 90 of Ch. 9940, supra, conditioned the effectiveness of the Act upon ratification by the qualified electors of the city.

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Florida Attorney General Reports · Apr 5, 1994

created by special act as an independent special district for the purpose of providing fire protection within the district. 1 The district is governed by a board of commissioners consisting of five commissioners who shall be qualified … controlled by, the rates and limitations set forth in section 112.061 , Florida Statutes, unless expressly and specifically exempted by general law or by the provisions of a special or general law. 9 The Deltona Fire District is clearly

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Florida Attorney General Reports · Sep 20, 1974

This requirement in implied in s. 366.07 , F.S., and is a mandate to the extent that "rights, duties, privileges or immunities" are determined in such a hearing. Section 120.22, F.S. … This clearly implies that substantive modifications are allowable only if based on testimony and evidence presented at a prior hearing.

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Florida Attorney General Reports · Mar 26, 1991

for qualified voters in the area desiring to be excluded from the municipality to initiate a petition for contraction. 11 A contraction ordinance must be published after its introduction to provide notice to interested persons … The notice must give the time and places for the election and a general description of the area to be excluded in the form of a map clearly showing the area proposed to be excluded. 14 The statute sets forth the ballot language

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Florida Attorney General Reports · Mar 10, 1978

There being nothing to the contrary in the context of any of the above-mentioned statutes, it clearly appears that these statutes include children — and therefore minors — within the scope of their operation. … Therefore, only one means exists by which civil rights may be effectively restored or, alternatively, by which the disqualifications established with respect to the rights and responsibilities regulated by the above statutes

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Florida Attorney General Reports · Oct 24, 2001

Question Three It is well established in Florida that the exemption for active criminal intelligence and investigative information does not exempt other public records from disclosure simply because they are transferred to … Clearly, the agency has the obligation to keep a copy of the public records so that they may be provided in accordance with the Public Records Act.

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Florida Attorney General Reports · Mar 29, 1990

You state that the City of Dunedin Housing Authority was established by resolution of the city commission in 1966. … You state that the City of Dunedin Housing Authority was established by resolution of the city commission in 1966.

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Florida Attorney General Reports · Oct 15, 1992

person who maintains a permanent business location or branch office within said municipality, for the privilege of engaging in or managing any profession or occupation within its jurisdiction. (3) Any person who does not qualify … It is a basic rule in statutory construction that the words used in the statute are to be given their plain meaning. 2 The above statute clearly prohibits a county or municipality from levying an occupational license tax

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Florida Attorney General Reports · May 8, 1979

At the outset it is important to note that it is an elemental part of the tax law of Florida that, in order to qualify for the benefit of a tax exemption, the person seeking the exemption must clearly bring himself within … for the homestead exemption provided they establish the homestead as their permanent residence.

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Florida Attorney General Reports · Sep 21, 2011

person who maintains a permanent business location or branch office within the municipality, for the privilege of engaging in or managing any profession or occupation within its jurisdiction. (3) Any person who does not qualify … This definition clearly distinguishes the "local business tax" from fees or licenses which may be regulatory and which may be levied in addition to the local business tax imposed pursuant to Chapter 205 , Florida Statutes

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Florida Attorney General Reports · Dec 19, 1984

Pursuant to the title of Ch. 84-84, Laws of Florida, and the body of s 2 of the act, it clearly appears that the act regulates the purchase or sale by a municipality of "a water or sewer utility" (e.s.) and sets forth certain … utility," operates to control the procedure by which the City of Hialeah acts to give final approval to the sale of a fractional portion of the City of Hialeah water and sewer system to the City of Hialeah Gardens or to establish

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Florida Attorney General Reports · Mar 2, 1982

It is well established within this state that public funds may be spent only for a public purpose or function which the public officer or agency is expressly authorized by law to carry out or which must be necessarily implied … There is clearly no authority for expenditures from public funds to provide public employee training or education of a formal nature . . . .