Case law

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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.

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Florida Attorney General Reports · Jun 1, 2005

Fla. 00-57 (2000) (van "designed" to carry cargo but subsequently modified to carry more than 10 children did not qualify for exemption from seat beat law for a bus which is defined as motor vehicle designed for carrying … Stat., was adopted in 1971, see Ch. 71-135, Laws of Fla.; the commission was established in 1983 by Ch. 83-423, Laws of Fla.

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Florida Attorney General Reports · Dec 9, 2011

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. … broadly encompassing than the dual office-holding prohibition of the Florida Constitution 25 which does not include employees or officers of special districts within its scope. 26 Section 194.035 (1), Florida Statutes, clearly

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Florida Attorney General Reports · Dec 29, 1977

Similar restrictions on other public officers and employees may be established by law . (Emphasis supplied.) … II, however, contains no such qualifying phrase. Rather, it contains a clear prohibition.

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Florida Attorney General Reports · Aug 14, 1986

Thus, ss. 125.01 (1)(q) and (r), supra, clearly authorize counties to establish municipal service taxing units or benefit districts within which may be provided municipal services and to levy, without voter approval, additional … Accordingly, it does not appear that a district created pursuant to county ordinance which provides for the inclusion of incorporated as well as unincorporated lands would qualify as a municipal service taxing unit which,

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Florida Attorney General Reports · Feb 21, 1974

The retirement benefits provided in s. 112.05 (a noncontributory plan) may be elected by a qualified state employee in lieu of those to which he would be entitled under Ch. 122 , F.S. — a consolidated contributory retirement … The legislative history reveals clearly and unequivocally a legislative intent to authorize the inclusion of years of service with the War Manpower Commission in Florida in computing the aggregate years of service for the

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Florida Attorney General Reports · Sep 12, 1978

Of the members first appointed, one shall serve for 1 year, one for 2 years, one for 3 years, and two for 4 years and in each case until his successor is appointed and qualified. … S., clearly provides the methods by which the state may enforce the provisions of the `little F.T.C. Act,' and since the state's attempted enforcement of Ch. 501, F.

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Florida Attorney General Reports · May 2, 1977

Clearly, the plain language of s. 10, Art. … S.), covers some of the subject matter of Ch. 29432, supra , it is a well-established principle in this state that a general law will not ordinarily repeal by implication an earlier special or local law. Sanders v.

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Florida Attorney General Reports · Aug 23, 1977

S., provides: District medical examiners and associate medical examiners shall be entitled to compensation and such reasonable salary and fees as are established by the boards of county commissioners in the respective districts … of any civil action as an expert witness or who is subpoenaed to testify in such capacity before a state attorney in the investigation of a criminal matter, or before a grand jury , and who is permitted by the court to qualify

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Florida Attorney General Reports · Nov 7, 2007

According to information you have submitted, several local establishments are conducting "Calling Card Sweepstakes" (the sweepstakes) as developed by Phone-Sweeps, LLC. … Fla. 89-05 (1989), in which this office determined that a coin-operated "crane game" qualifies as a slot machine or device within the meaning of Ch. 849 , Fla.

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Florida Attorney General Reports · Oct 1, 1976

as state depositories; (c) Withdraw any such money and use the same to meet the current needs of the patient or inmate as they may exist from time to time; (d) As such trustee to establish savings accounts, demand deposits … Interest so accrued shall be used or conserved for the personal use or benefit of the individual client as provided in subsection 402.17 (2)[,] it was clearly the specific intention of the Legislature that any and all interest

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Florida Attorney General Reports · Jul 9, 1999

All participants, including, but not limited to, physicians, investigators, witnesses, and employees or associates of the defendant, are immune from civil liability arising from participation in the presuit screening process … While this statute clearly makes such information unavailable for civil litigation purposes, it does not make it confidential and exempt for purposes of section 119.09, Florida Statutes. 14 A number of documents may initiate

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Florida Attorney General Reports · Feb 11, 1981

Section 6(e) does not in terms purport to establish the exclusive method by which the county may adopt a charter establishing county government. Cf . s. 6(g), Art. … VIII, State Const. 1968, clearly comprehends or implies an option to proceed under either s. 1(c), Art. VIII, State Const. 1968, or s. 24, Art.

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Florida Attorney General Reports · Aug 10, 1979

S., and that a beach erosion control line was duly established as required by s. 161.161 . … This section clearly evinces a legislative intent to preserve to the upland owners all of their common-law riparian rights except as provided in s. 161.191 (2), F. S.

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Florida Attorney General Reports · Jul 7, 1978

Accordingly, a county is required to secure coverage by workmen's compensation insurance or establish itself as a self-insurer. See s. 440.38 , F. S. … (which, for counties, took effect on January 1, 1975), under which the state has waived sovereign immunity for tort liability for `itself and its agencies or subdivisions'; s. 768.28 (2), F.

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Florida Attorney General Reports · Aug 24, 1989

As a county hospital authority created by special act, the Hillsborough County Hospital Authority clearly would appear to fall within section 155.40 (1), Florida Statutes, which by its own terms applies to any county, municipal … Provide that the articles of incorporation of such not-for-profit corporation be subject to the approval of the board of directors or board of trustees of such hospital; (b) Require that the not-for-profit corporation become qualified

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Florida Attorney General Reports · Feb 7, 2011

All of the foregoing purposes shall be exercised exclusively [sic] charitable and educational purposes in such a manner that the Corporation will qualify as an exempt organization under section 501 (c)(3) of the Internal … The opinion noted that the authority and its board of directors were clearly subject to the dominion and control of the county and concluded that "as an authority created by the county and subject to its control, the Pace

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Florida Attorney General Reports · Apr 28, 1975

, or otherwise, of private persons the state is seeking to influence or persuade to establish businesses in Florida or to do business in Florida. … The act contains no qualifying language enlarging the appropriation to purposes other than paid advertising and promotion, and financing or funding meetings and events or potential investors is not the same as paying for

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Florida Attorney General Reports · Jul 8, 1983

for Gulf Telephone Company, Perry, Florida, in which he stated that, in his opinion, a municipal corporation is not a political subdivision of the state and therefore the police department of the City of Perry does not qualify … A municipal police department clearly satisfies the foregoing requirements. It is common knowledge that municipal police officers are enforcing the criminal laws of the state within their respective jurisdictions.

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Florida Attorney General Reports · Sep 27, 1983

It is well established that when the Constitution prescribes the manner of doing something, it impliedly forbids its being done in a substantially different manner. … Clearly, the proposal presented to the electorate for approval should be specific enough to notify the elector what he is voting on. Cf ., 29 C.J.S.