Case law

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Florida Attorney General Reports · Nov 3, 2003

The sheriff, clerk, tax collector, property appraiser and supervisor all appear to be exercising powers of those offices established by the Constitution while the mayor would appear to exercise some of the authority that, … appears the mayor and other county officers would be eligible for Florida Retirement System participation under section 121.052 (2)(d), Florida Statutes, the charter for the consolidated government of the City of Jacksonville clearly

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Florida Attorney General Reports · Nov 3, 2003

City of Orlando to amend the city's firefighter pension plan, but only to the "limited" extent necessary to comply with the minimum standards and minimum benefits levels prescribed in Chapter 175 , Florida Statutes, to qualify … Moreover, the express language of the most recent amendment to the special act clearly limits any changes to the pension fund by the governing body of the city to those that will ensure receipt of funds from the Police Officers

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Florida Attorney General Reports · Nov 3, 1989

common and ordinary meaning of the word "by," it would appear that the mayor must initiate any removal proceedings. 5 "By" has been defined to mean: "through the agency or instrumentality of", "used as a function word to qualify … Clearly, if the governing body of the municipality does not concur in the mayor's call for removal of a housing commissioner, the conditions of the statute will not be met and no removal will occur.

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Florida Attorney General Reports · Jan 21, 1998

However, the Court recognized the viability of a ballot containing a number of separate and distinct propositions when each issue is clearly framed and the voter has an opportunity to express approval or disapproval of each … These are not alternative propositions so much as separate issues which have some relation to one another because a provision in the proposed charter establishes the composition of the board for purposes of the charter.

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Florida Attorney General Reports · Oct 20, 1997

recent amendment to section 741.04 , Florida Statutes, that marriage license applicants provide social security numbers, therefore, should not be construed to prohibit the clerk from issuing a marriage license to otherwise qualified … Clearly there will be instances where people have died who have no social security number, and it would be absurd to read the federal act as preventing a state from issuing a death certificate in those instances.

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Florida Attorney General Reports · Feb 22, 2002

It has been proposed that the supervisor's involvement in community activities through local chambers and other civic organizations is essential to the recruitment of qualified individuals to serve as clerks and inspectors … Like other constitutional county officers, the supervisor's powers are limited to those expressly granted by law or clearly necessary to facilitate the exercise of those expressly granted. 3 Thus, in considering the propriety

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Florida Attorney General Reports · Feb 12, 1999

While residential programs operated by DJJ clearly would qualify under the above definition, you state that a question has arisen whether DJJ's contract providers running the state juvenile justice programs, often in state-owned … Establish quality assurance goals and objectives for each specific program component. 4. Establish the information and specific data elements required for the quality assurance program. 5.

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Florida Attorney General Reports · Nov 3, 1999

and Motor Vehicles to issue one free motor vehicle license plate for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding five years or has established … Stat., stating that notwithstanding the provisions of subsection (1), the driver may be: "1) penalized for parking in clearly defined bus loading zones, fire zones, or access aisles adjacent to the parking spaces for persons

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Florida Attorney General Reports · May 17, 1979

S. (1970 Supp.), provided: Veterans' preference in appointment, reinstatement and reemployment. — In certification for appointment, in appointment, in reinstatement, in reemployment and in retention in position in all establishments … S., seeking to accord preferential benefits to those who served in the United States Armed Forces during periods of war, clearly made reference to federal law concerning benefits for veterans.

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Florida Attorney General Reports · Aug 28, 1979

S., as amended, Florida's Waiver of Sovereign Immunity Law, permits the state and its subdivisions, including counties, to be liable in tort for amounts within statutory limits provided in that section. … The Alachua County case also established that the preauditing responsibility is shared by the clerk and the board of county commissioners, 351 So.2d 37 . Accord : White v.

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Florida Attorney General Reports · Dec 15, 2003

Clearly, the medical examiner may be receiving income from a number of sources: the county, other counties in the medical examiner district, the state, or another governmental body. … In the absence of any agreement establishing the employment arrangement between the medical examiner and the county, this office has no basis for such a determination.

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Florida Attorney General Reports · Aug 12, 1994

(c) It must have an average population density of at least 1.5 persons per acre or have extraordinary conditions requiring the establishment of a municipal corporation with less existing density. … Prescribes the form of government and clearly defines the responsibility for legislative and executive functions. 2.

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Florida Attorney General Reports · Oct 12, 1982

The legislative department of the government consists of the city commission, five members in number, duly elected by the qualified voters of the city. The executive department of the government consists of the mayor. … The presence of the mayor at city council meetings does not count for purposes of establishing a quorum although it is his duty to attend all meetings of the city council.

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Florida Attorney General Reports · Apr 10, 1980

Your initial inquiry and the supplemental information supplied establish the following factual situation. … The above factual statement applied to the material provisions of ss. 196.031 (1) and (2) and 196.041 would seem to clearly establish that the mobile home owner in question does not fall within the terms of these statutes

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Florida Attorney General Reports · Jun 1, 2005

powers necessary or incident to carrying out such enumerated powers. 4 Those powers that may be exercised by county governments, however, are ultimately derived from the state and the jurisdiction of every county may be qualified … . . for domestic, municipal or industrial uses[.]" 6 Section 180.301 , Florida Statutes, provides a procedure for the purchase, sale, or privatization of water, sewer, or wastewater reuse utilities by municipalities and establishes

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Florida Attorney General Reports · Jan 7, 1974

The legislative history of s. 350.06 clearly shows that two different positions (i.e., administrative secretary and official reporter) with two different pay scales were established by the legislature. … as an executive assistant to the commission and he has no duties or functions prescribed by law to perform in connection with the quasi-judicial functions and powers of the commission, as does the official reporter or a qualified

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Florida Attorney General Reports · Feb 11, 2009

In 2006, the State of Florida established the Low-Income Pool (LIP) program as one of the components of a broad-ranging reform of the Florida Medicaid Program. … Low Income Pool program funds are distributed to qualified health care providers such as hospitals and clinics for furnishing health care services to the uninsured and underinsured.

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Florida Attorney General Reports · Oct 8, 1975

Article VIII, State Const., relating to home rule for counties and cities, provides in s. 1(c) thereof as follows: Pursuant to general or special law, a county government may be established by charter which shall be adopted … (The proposal may be initiated by resolution of the board of county commissioners or by petition of at least 15 percent of the qualified electors of the county. Section 125.61 .)

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Florida Attorney General Reports · Oct 18, 1995

Any comments expressed herein, therefore, must be qualified accordingly. 8 While federal law regulates gambling on cruise ships in the territorial waters of the United States, it does not appear that such regulation is preemptive … The Gambling Ship Act, 18 U.S.C. ss. 1081-1083 , is applicable to gambling ships, which the act defines as "vessel[s] used principally for the operation of one or more gambling establishments." 18 U.S.C. § 1081 .

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Florida Attorney General Reports · Jun 25, 2003

Canteen Corporation , 369 So.2d 391 (Fla.2d DCA 1979) (absent specific constitutional or statutory requirements, public agency has no obligation to establish a bidding procedure and may contract in any manner not arbitrary … Fla. 73-250 (1973) (specific provisions in body of act clearly expressing legislative intent control over a clause in the act that conflicts with such intent). 8 Section 287.055 (2)(b), Fla.