Case law

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Florida Attorney General Reports · Jun 15, 1982

Under these circumstances, it is appropriate to note the well-established principle that longstanding statutory interpretations made by officials charged with the administration of the statutes are to be given great weight … and will not be overturned by the courts unless clearly erroneous.

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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 . . . .

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Florida Attorney General Reports · Sep 3, 2002

If the project is to be awarded based on price, it must be awarded to the lowest qualified and responsive bidder in accordance with the applicable county ordinance. … The county is responsible for providing county buildings, such as the county jail. 5 Moreover, it is a well-established principle that public officials and entities cannot do indirectly that which they are prohibited from

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Florida Attorney General Reports · Sep 28, 2001

The consideration and resolution of these claims by an independent third party entity clearly constitutes a public function. … Const., establishing a constitutional right of access to public board or commission meetings. 16 See, e.g., Op. Att'y Gen.

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Florida Attorney General Reports · Jan 8, 1992

Under this rule, when the Constitution or statute clearly enumerates the events that constitute a vacancy in a particular office, all other causes of vacancy are excluded. 4 In this case the members of the planning and zoning … I would note that your opinion request relates to three boards or commissions established by ordinance by Martin County.

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Florida Attorney General Reports · Oct 24, 1978

Clearly, the Legislature is not empowered to delegate to a statutory entity a power which the state itself does not possess. Therefore, s. 155.11 (1), F. … If the members of the hospital board of trustees elect to deposit hospital funds in, and transfer its operating accounts to, a bank which is not a qualified depository of public moneys under s. 659.24, F.

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Florida Attorney General Reports · Aug 20, 1979

S., in order to qualify to participate in the Florida Retirement System Act, pursuant to s. 121.051 (2)(b), F. S. … and properties nor creates or establishes a separate political subdivision of the state or the municipality distinct from and independent of the state or municipal government.

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Florida Attorney General Reports · Mar 5, 1979

taxing district would be abolished upon voter approval of the contemplated special act and an entirely new special taxing district with boundaries greater than the old district would be created, the area affected would clearly … Tindall, 154 Fla. 663 , 18 So.2d 892 , we passed upon the sufficiency of the ballot used in the general election when the Constitutional Amendment creating and establishing the Game and Fresh Water Fish Commission was submitted

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Florida Attorney General Reports · Sep 1, 1982

You included in your opinion request a copy of the title page and the reservation of rights form and ask that this office determine whether the same are sufficient to establish federal copyright protection in the work. … In addition, s 768.28 F.S., to the extent specified therein, waives the state's immunity for liability for torts for itself, its agencies and its officers and employees. See also , Mills Music, Inc. v.

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Florida Attorney General Reports · Feb 26, 1980

Legislative intent to effect such alterations in the composition and nature of these governmental entities must be clearly manifested. State ex rel . Housing Authority of Plant City v. Kirk, 231 So.2d 522 (Fla. 1970). … Chapter 79-222 obviously did not establish the community college districts or the several district boards of trustees as counties or municipalities or agencies of counties or municipalities.

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Florida Attorney General Reports · Nov 3, 1981

Along with establishing a RICO lien and imposing certain specified duties upon trustees of land trusts, the Act created s. 943.468, F.S., which requires, inter alia , alien corporations owning an interest in Florida real … Normally, a statute operates prospectively unless a contrary legislative intent is clearly expressed. State ex rel . Riverside Bank v. Green, 101 So.2d 805 (Fla. 1958).

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Florida Attorney General Reports · Jan 29, 1986

Cf., AGO 83-27 (alteration of existing independent district's boundaries not contemplating merger with another district would not appear to amount to establishment or creation of new district for purposes of s. 165.022 [2 … VII, relating to special district millage, at least in the absence of clearly applicable judicial precedent to the contrary, I am of the opinion that, as to limited purpose units of local government with disproportionate

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Florida Attorney General Reports · Feb 23, 1982

As a general concept a municipality is a legally incorporated association of the inhabitants of a particularly designated place or limited territorial area which is established for prescribed local governmental and public … The language in this statute clearly applies only to a local general purpose government, a true municipality, empowered, among other things, to construct, reconstruct and maintain roads and streets within its corporate limits

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Florida Attorney General Reports · Oct 9, 1974

As Trigg observes: The reluctance of commissions to authorize this type of rate is clearly justified. … S., which clearly require public hearings to the extent that the public's "rights, duties, privileges, or immunities" are determined in the rate modification process. Section 120.22, F.S.

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Florida Attorney General Reports · Nov 3, 2003

a public corporation "under and pursuant to and authorized by the aforesaid Chapter 298 of the Florida Statutes" and provides that the district "is hereby granted and vested with all rights, powers, duties, privileges, immunities … Stat., stating that it is the legislative intent that those water control districts established prior to July 1, 1980, pursuant to the process formerly continued in ss. 298.01 , 298.02, and 298.03, may continue to operate

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Florida Attorney General Reports · Aug 14, 1979

Officers s. 190a, stating that `[p]ublic officers have only such power and authority as are clearly conferred by law or necessarily implied from the power granted. … State Board of Education, 105 So. 323 (Fla. 1925), in which the court, recognizing that a state cannot be sued without its consent, stated that `[t]he immunity of the state from suit applies where a contract or property interest

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Florida Attorney General Reports · Aug 9, 1989

As a part of the City of Orlando, the commission clearly appears to fall within the definition of political subdivision which expressly includes municipalities. … (b) The spouse of any person who has a total disability, permanent in nature, resulting from a service-connected disability and who, because of this disability, cannot qualify for employment, and the spouse of any person

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Florida Attorney General Reports · Feb 4, 1982

, allows the governing body of a municipality, as an alternative to appointing a board of commissioners for an agency to declare itself to be the community redevelopment agency and to exercise all the powers, duties and immunities … A review of the pertinent statutory provisions of Part III of Ch. 163 , F.S., clearly illustrates the inextricable degree to which a redevelopment agency is dependent upon action taken by the governing body of the municipality

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Florida Attorney General Reports · Dec 31, 1979

under the provisions of this chapter is authorized to establish the form or forms of warrants for the withdrawal, payment, or disbursement of money out of such qualified depository and to change the form thereof from time … If the Legislature had intended to provide for such telephonic transfers between county accounts and funds, it should have done so clearly and unequivocally. See Dobbs v. Sea Isle Hotel, 56 So.2d 341 (Fla. 1952).

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Florida Attorney General Reports · Aug 9, 1989

To establish his competency, a person shall pass the appropriate examination administered by the department. … Part II, Ch. 489 , F.S. (1988 Supp.), does not clearly proscribe alarm system contracting under a local license in a geographically limited area.