Case law

Ago

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 .

Ago

Florida Attorney General Reports · Aug 19, 1976

That section provides, inter alia: (1) Each county fee officer shall establish an annual budget for his office which shall clearly reflect the revenues available to said office and the functions for which money is to be expended … As qualified above, your third question is answered in the negative.

Ago

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.

Ago

Florida Attorney General Reports · Jan 29, 1982

The intent of this funding provision is set out clearly in s 394.76 (4)(b), F.S.: It is the intent to establish a uniform funding percentage of 75 percent state financial participation for all community-based, state-aided … In order to be qualified for receipt of state matching funds, there must be in existence within the board district applying for such funds those services described in s 394.75 (3)(a-f), F.S., as set forth above.

Ago

Florida Attorney General Reports · Jul 28, 1982

The preceding cases clearly establish that a governmental agency may not deny a license to a person who has been adjudicated a bankrupt solely because the person filed for bankruptcy. … Therefore, I conclude that the Construction Industry Licensing Board may not consider the past or present bankruptcy of an applicant for certification as a contractor in determining whether to qualify an applicant for certification

Ago

Florida Attorney General Reports · Mar 6, 1974

The purpose of such a proviso, if of legal age, is either to qualify, restrain, or exclude some possible ground of misinterpreting the word registrant. Cf. State v. State Racing Commission, 112 So.2d 825 (Fla. 1959). … Use of the pronouns "his" and "her" in regard to the phrase "his or her parent" clearly indicates that the term registrant applies to the person whose birth is registered as opposed to a parent or other person who may have

Ago

Florida Attorney General Reports · Feb 10, 1983

City of Tampa, 31 So.2d 468 (Fla. 1947) (in order for court to declare one statute impliedly repeals another, it must appear that there is a positive repugnancy between the two, or that the last was clearly intended to prescribe … Representatives, February 22, 1979, stating that House Bill 261 (companion bill to Senate Bill 29) would exempt all personnel in Projects, Contracts and Grants budget of the Department of Education even though they do not qualify

Ago

Florida Attorney General Reports · Oct 10, 1978

S., as `a county or a municipality established by general or special law.' … I would also note that, since certain duties and powers have been clearly and expressly imposed on or granted to the department by part III of Ch. 218, F.

Ago

Florida Attorney General Reports · Oct 24, 1978

Your letter advises that the Frostproof City Council has adopted a `motion' which reads as follows: [I]n the future a qualified appraiser [shall] be used by the city to set the value of a street (to become property) when … First, there must be a clearly manifested intention by the owner of the property to dedicate it to public use. Second, the public, through its authorized agents, must clearly show its intent to accept the dedication.

Ago

Florida Attorney General Reports · May 5, 1975

Keehly, supra, and it now clearly appears that compensation is not a necessary element of the unauthorized practice of law. … At this point, I direct your attention to Ch. 57-1754, Laws of Florida, which is the City Charter Act establishing the City of Pompano Beach, and, more specifically, to Art. XI, s. 62, thereof.

Ago

Florida Attorney General Reports · Oct 22, 1984

The language of this section clearly contemplates the existence of and action by local commissions on human relations. See also, s 760.10 (11)(a), F.S. … political subdivisions the exclusive right to process allegations of discrimination filed by a person other than a Commissioner for a period of 60 days (or 120 days during the first year after the effective date of the qualifying

Ago

Florida Attorney General Reports · Feb 28, 2008

While the provisions of the Sunshine Law have been liberally construed in favor of open government, 5 it is a generally established principle that the right to hold office is a valuable one which should not be curtailed except … Fla. 72-199 (1972) (candidate qualifying to seek the office of state attorney must meet the requirement of five-year membership in The Florida Bar as prescribed in Art. V , s. 17 , Fla.

Ago

Florida Attorney General Reports · Jan 26, 2007

Chapter 171 , Florida Statutes, is the "Municipal Annexation or Contraction Act." 1 The purposes of the act are to establish uniform procedures for adjusting municipal boundaries through annexation or contraction of corporate … This office is without authority to qualify or read into a statute an interpretation or define words in the statute in a manner that would result in a construction that seems more equitable under circumstances presented by

Ago

Florida Attorney General Reports · Nov 17, 1994

the idea of tenure, duration, and duties in exercising some portion of the sovereign power, conferred or defined by law and not by contract. 2 The governing body of a unit of government such as a municipality or county clearly … membership on the governing body constitutes an office. 3 According to the Maitland Charter, the mayor is a member of the city council, 4 and, therefore, the mayor as well as the other members of the city council would qualify

Ago

Florida Attorney General Reports · Mar 3, 1977

Burns, 198 So.2d 1 , 4 (Fla. 1967), the Florida Supreme Court stated that there `must be some clearly identified and concrete public purpose as the primary objective and a reasonable expectation that such purpose will be … part thereof or discontinue any public park, public square, street, avenue, highway, or any other way which has heretofore been or shall hereafter be laid out, either by cities or persons, natural or artificial, fixed or established

Ago

Florida Attorney General Reports · Mar 20, 1979

For purposes of this opinion, I assume that a municipal corporation in this state is eligible and qualifies under applicable federal laws and regulations to contract with the federal agencies and authorities for the establishment … This `public purpose doctrine' has come to mean that there `must be some clearly identified and concrete public purpose as the primary objective' and `[t]here must be some control retained by the public authority.'

Ago

Florida Attorney General Reports · Jan 3, 2003

The Florida School for the Deaf and the Blind was established in 1885 and is located within the City of St. Augustine. … The Second District Court of Appeal held that a determination of whether a governmental agency is immune from a zoning ordinance should be made by applying a balancing of interests test, under which the governmental unit

Ago

Florida Attorney General Reports · May 11, 1990

has made the determination that the collection and disposal of solid waste constitutes "a benefit to all Residential Property, equal to, or in excess of, the cost of providing such Residential Collection Service." 5 To qualify … Section 125.01 (1)(q)1., F.S., authorizes a county to establish "municipal service taxing or benefit units for any part or all of the unincorporated area of the county, within which may be provided . . . garbage and trash

Ago

Florida Attorney General Reports · Jul 9, 1975

of an application for a license hereunder . . . the license board . . . shall issue a license or temporary permit if satisfied that the minimum standards specified in this act are met and that the applicant is otherwise qualified … Section 112.011 , F.S., establishes the criteria for denial of licensure by the state or a political subdivision of the state.

Ago

Florida Attorney General Reports · Nov 5, 1992

Accordingly, inasmuch as Enterprise does not appear to qualify as an "agency" as defined in s. 287.012 (1), F.S., I am of the opinion that the Board of Directors of Enterprise is not subject to the competitive bid requirements … or making it confidential. 14 "Agency" is defined to mean: [A]ny state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established