Case law

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Florida Attorney General Reports · Feb 18, 1976

S., runs to insurers and is not restricted or qualified by the residence of the members of an association or by the residence of stockholders of corporations. … The purpose of the joint underwriting association is to establish a temporary joint underwriting plan which will function for a period not exceeding 3 years from the date of adoption by the Department of Insurance.

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Florida Attorney General Reports · Feb 18, 1980

The hospital district clearly falls within the definition of `special district' contained in s. 218.31 (5), F. S., for the purposes of part III, ch. 218, F. … Your letter, however, fails to provide sufficient information as to whether the district funds referred to in your letter would qualify as `surplus funds,' as defined in s. 218.345(4), for the purpose of the statute.

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Florida Attorney General Reports · Sep 11, 1996

Florida Constitution, 2 which requires that all retirement systems for public employees be managed, administered, operated, and funded to maximize the protection afforded to public employee retirement benefits. 3 The act establishes … is intended that a statute should operate retroactively, the title must convey appropriate notice of this intent. 9 Further, it is a well-settled rule that a statute will not be construed as retroactive unless its terms clearly

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Florida Attorney General Reports · Feb 3, 1981

The state road system on June 30, 1977, as well as all other state roads formerly described and provided for by s. 335.01 , F.S. 1975, clearly fall within the scope of s. 335.01 (1), F.S. 1979, designating and establishing … Such general terms, except as qualified by the provisions of s. 335.01 , in the statutory context in which they are employed can only refer to the public roads and road systems described in and established by s. 335.01 ,

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Florida Attorney General Reports · Oct 10, 1974

the legislature to have so provided and it would have done so clearly and unequivocally as it did for the ad valorem tax credit. … By the rule of strict construction . . . is not meant that the statute shall be stintingly or even narrowly construed, but it means that everything shall be excluded from its operation which does not clearly come within the

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Florida Attorney General Reports · May 2, 2007

Served as a full-time sworn officer in another state or for the Federal Government for at least 1 year provided there is no more than an 8-year break in employment, as measured from the separation date of the most recent qualifying … The Legislature has failed to clearly express its intent on this issue with the result that there is ambiguity as to whether certified correction officers may be employed by DCF without losing their certification.

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Florida Attorney General Reports · Jan 10, 1997

This office has previously stated that a municipal governing body establishing a community redevelopment agency does not have the authority to alter the composition of the board of commissioners from that prescribed by statute … Clearly membership on the governing body of a governmental entity, such as a county or municipality, constitutes an office. 6 Similarly, membership on the city's community redevelopment agency would also appear to constitute

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Florida Attorney General Reports · Aug 10, 1976

Clearly, the state attorney's office is an "agency" within the meaning of s. 119.011 (2), F. S., and hence subject to the requirements of ss. 119.01 and 119.07 (1), F. S., unless exempted therefrom by law. … While in the performance of their duties, such investigators possess the same rights, protections, and immunities afforded other peace or law enforcement officers. Section 27.255 (3).

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Florida Attorney General Reports · Dec 29, 1978

It should be noted in regard to s. 252.36 (8), supra , that the duty to delegate imposed on the Governor is qualified by the requirement that such delegation be effected prior to any disaster or threat of a disaster. … S. 1973, to create and establish a `local organization for civil defense.'

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Florida Attorney General Reports · Apr 10, 1974

According to your letter, a state-registered general contractor is being required by Palm Beach County to take a contractor's competency examination to qualify to engage in the business of contracting within the county. … It is well established that a special act is not repealed by a later general law unless a legislative intent to this effect is clearly shown. Turner v. State, 185 So. 831 (Fla. 1938).

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Florida Attorney General Reports · Aug 5, 1999

Section 138.01 , Florida Statutes, provides that the qualified electors in any county may petition the county commissioners for a change of the location of the county seat. … Comparing populations of Inverness with Crystal River and the county as a whole from 1910 to the present clearly shows a shift in population.

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Florida Attorney General Reports · Oct 21, 1998

In the case of an adjudicated committed delinquent, such notice must be given 90 days prior to such anticipated release. 7 Section 916.33(2), Florida Statutes (1998 Supplement), however, clearly provides that "[t]he provisions … The act contemplates that the multidisciplinary team assesses and recommends to the state attorney whether it believes the person qualifies as a sexually violent predator.

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Florida Attorney General Reports · Aug 12, 1999

Upon notification of the adoption of such resolution, the Governor is responsible for appointing the commissioners of the housing authority, who must be qualified electors of the county. 4 Further, it is the Governor who … Clearly the statute contemplates a substantial permanent presence in the area.

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Florida Attorney General Reports · Sep 16, 1988

Such a contract would not appear to qualify as a consultant other-personal-services contract as provided for in Ch. 216 , F.S. (2) The provisions of s. 240.227(11), F.S., authorizing a university president to adopt rules … In setting forth the purpose of the statute, s. 112.24 , F.S., clearly states that the section provides for the temporary assignment of employees among agencies of government.

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Florida Attorney General Reports · Nov 5, 1996

received pursuant to law or ordinance or in connection with the transaction of official business. 6 The records of the human rights advocacy committees, entities created by statute to perform the duties prescribed therein, clearly … and in view of the independence of such committee from the department, I am of the view that, until legislatively or judicially clarified, the members of the Statewide and District Human Rights Advocacy Committees do not qualify

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Florida Attorney General Reports · Jul 12, 1984

As stated in s 166.041 (3)(c)2.c., the notice prescribed therein shall clearly explain the proposed ordinance and shall notify the person of the time, place and location of both public hearings on the proposed ordinance. … Nor does the statute define or limit or qualify the phrase "permitted use categories" in zoning districts or distinguish between absolute or conditional uses.

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Florida Attorney General Reports · Oct 23, 1978

City of Tallahassee, 325 So.2d 1 (Fla. 1975), housing that the sovereign immunity of the state and its agencies, county and county school board was not waived by authorizing constitutional provisions or implementing statutory … The court pointed out that, insofar as Ch. 21968 contained no reference to the City of Miami, or its employees, or to the special acts of the Legislature by which the city was created or its charter approved and established

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Florida Attorney General Reports · Nov 9, 2005

To qualify for the benefit of a tax exemption, the person seeking the exemption must clearly come within the requirements and scope of the law granting the exemption. 1 While ambiguous language in taxing statutes should be … The constitutional provision does not establish an absolute right to a homestead exemption; rather, the exemption may be granted to an applicant only "upon establishment of right thereto in the manner prescribed by law."

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Florida Attorney General Reports · Jul 30, 1990

This section does not limit or qualify municipal regulation thereunder to "waters of this state" but authorizes the regulation of vessels resident in the municipality under the conditions prescribed therein. … It is a general rule of statutory construction that where the language of a statute is unambiguous, the clearly expressed intent must be given effect, and there is no room for construction. 2 Further, s. 327.60 (1), F.S.,

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Florida Attorney General Reports · Mar 9, 1978

This conclusion was based upon the general rule noted in AGO 071-75: . . . ordinarily, the state and its agencies are not considered as within the purview of a statute unless intention to include them is clearly manifest, … It is well established, however, that the actions of a municipal governing body are not considered to be separate actions of individual municipal officers. See Turk v.