Case law

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Florida Attorney General Reports · Mar 24, 1993

of their status as subdivisions of the state. 5 However, it is unclear to you whether the cooperative itself is entitled to the limitations on liability established by s. 768.28 , F.S. (1992 Supp.). … This office is without authority to qualify or read into this statute an interpretation or define words in the statute in such a manner which would result in a construction that seems more equitable under these circumstances

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Florida Attorney General Reports · Oct 4, 1990

The council shall be established by ordinance and composed of nine members who shall be appointed by the governing board. . . . … County tourism promotion agencies are clearly designated county agencies by the terms of s. 125.0104 (9), F.S.

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Florida Attorney General Reports · Apr 4, 2000

A county may not agree to indemnify another party to a contract or alter the state's waiver of sovereign immunity such that the county's liability may be extended beyond the limits established in section 768.28 , Florida … Question Four As discussed above, the county may not agree to alter the state's waiver of sovereign immunity and extend the county's liability beyond the limits established in section 768.28 , Florida Statutes.

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Florida Attorney General Reports · Jun 29, 2000

The Court determined that the statutory authorization for municipalities to impose the utility tax did not constitute a waiver of the well-established immunity of state or county government from taxation by a municipality … Noting that "[t]he State's immunity from taxation is so well established in Florida's jurisprudence that little elaboration is needed here," the Court concluded that the state and the county were immune from the public service

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Florida Attorney General Reports · May 26, 1993

The Court determined that the statutory authorization for municipalities to impose the utility tax did not constitute a waiver of the well-established immunity of state or county government from taxation by a municipality … implementing statute constitutes a waiver of the immunity.

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Florida Attorney General Reports · Jun 21, 1994

What documentary or record evidence would be sufficient to establish an immune real property transaction? In sum: 1. … was due on the transaction. 6 By approving the lower court's finding that no tax was due from the taxpayer corporations without requiring Orange County to have filed a circuit court condemnation action, the Supreme Court clearly

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Florida Attorney General Reports · Sep 15, 1989

If the board is authorized to establish such a self insurance fund, is the fund subject to the limits of liability set forth in s. 768.28 , F.S.? In sum, I am of the opinion that: 1. … The statute requires each local government unit which self insures to contract with an insurance company or professional administrator qualified and approved by the Department of Insurance to administer the plan. 8 Section

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Florida Attorney General Reports · Jun 26, 2002

by statute. 2 Any county that elects to establish a Civil Traffic Infraction Hearing Officer Program is responsible for providing the funds necessary to operate the program. 3 As lawyers, these hearing officers are subject … serve at the pleasure of the chief judge of the county and circuit in which they are to hear cases and have no definite term of office. 13 They are not subject to the Judicial Code of Ethics although they have judicial immunity

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Florida Attorney General Reports · Jan 13, 1975

SUMMARY: National banks and federal savings and loan associations are not subject, due to federal immunity, to the report filing and fee requirements of ss. 608.3205 and 608.332, F.S. … Declarations of Trust are established by and organized pursuant to Ch. 609 , F.S. These Trusts are subject to the Florida corporate income tax pursuant to s. 220.03 (1)(b), F.S.

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Florida Attorney General Reports · Mar 2, 1978

Section 768.28 (5), as amended by s. 1, Ch. 77-86 , Laws of Florida, establishes monetary limitations on the liability of `the state, its agencies and subdivisions.' … Golden, 56 So.2d 911 , 913 (Fla. 1952), in which the court held that a hospital district was not possessed of sovereign immunity because its activities fell `more clearly in the category of `proprietary' functions than `governmental

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Florida Attorney General Reports · Jun 25, 2008

Clearly, a municipality's attempt to regulate firearms is null and void. 5 However, the general provisions in section 790.33 , Florida Statutes, recognize that local zoning ordinances which affect other businesses in the … City of South Miami , 812 So. 2d 504 (Fla. 3rd DCA, 2002) (municipal ordinance establishing certain safety standards for firearms null and void as regulation preempted to the state) and Rinzler v.

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Florida Attorney General Reports · May 26, 1993

Thus, a district school board may obtain insurance in excess of the limits of sovereign immunity established by s. 768.28 , F.S. (1992 Supp.), in anticipation of a claims bill which it may be liable to pay. … established by s. 768.28 , F.S. (1992 Supp.), in anticipation of any claims bill which it may be liable to pay but the board does not, by obtaining such coverage, waive its defense of sovereign immunity or increase its limits

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Florida Attorney General Reports · Sep 28, 1995

Nor does the district appear to qualify for an exemption under the other provisions of section 196.199 , Florida Statutes. … facilities for, among others, parks and facilities for indoor and outdoor recreational, cultural and educational uses. 5 See, s. 190.035 , Florida Statutes, prescribing the procedures for a community development district to establish

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Florida Attorney General Reports · Feb 5, 1999

the statute allowing payment of a judgment against the state or its agencies and subdivisions. 1 State agencies or subdivisions within the scope of section 768.28 , Florida Statutes, are defined to include "independent establishments … ARA Health Services, Inc., 638 So.2d 85 , 86-87 (Fla. 2d DCA 1994) (corporation contracted to provide medical services to county jail not a state agency where contract clearly defined relationship as that of independent contractor

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Florida Attorney General Reports · Aug 9, 1974

Your first question is answered in the affirmative in that the subject property does not qualify for the municipal ad valorem tax exemption because it is not owned by a municipality and does not qualify for the religious … Tax exemptions are in the nature of special privileges or immunities granted by the sovereign only when, and to the extent that, they may be deemed to conserve the general welfare. Lummus v.

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Florida Attorney General Reports · Apr 28, 2005

These special magistrates may not be elected or appointed officials or employees of the county but shall be selected from a list of those qualified individuals who are willing to serve as special magistrates. … for his actions and was, therefore, immune from suit. 6 Based on this determination of quasi-judicial status and judicial immunity, this office has determined that a special master appointed pursuant to section 194.035 ,

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Florida Attorney General Reports · Sep 9, 1981

Neither term is qualified nor limited in its application. AS TO QUESTION 1: The word `proper' is an adjective. 73 C.J.S. … Neither does the statute purport to grant any immunity to the department or its officers and employees from the process of the courts or grand juries or in any manner immunize the subject data and records from the court's

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Florida Attorney General Reports · May 22, 1980

In ruling that the unqualified term `taxation' used in 12 U.S.C. § 931 clearly encompassed within its scope a sales tax such as the one before the court, the court stated as follows: . . . … As federal land banks and federal land bank associations are granted the same tax immunity under 12 U.S.C. § 2055 and its predecessor, 12 U.S.C. § 931 , the court's construction of the tax immunity of federal land banks in

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Florida Attorney General Reports · Apr 8, 1987

The Court, noting that "[t]he State's immunity from taxation is so well established in Florida's jurisprudence that little elaboration is needed here," concluded that "the State of Florida, and the other appellants here, … in the absence of an express legislative waiver of such immunity.

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Florida Attorney General Reports · Jun 4, 1976

Specifically, the measure must qualify as exempting property predominantly used for a "charitable purpose" within the meaning of the Constitution. Here conflicting principles operate. … Said provision requires that all property be assessed at just value unless immune or exempted by law from taxation.