Case law

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Florida Attorney General Reports · Apr 24, 2007

Rather, it clearly provides that taxpayers who otherwise qualify shall be granted an exemption only `upon establishment of right thereto in the manner prescribed by law' ." 5 Subsection (7) directs the value adjustment board … to grant an exemption to an otherwise eligible applicant if the applicant clearly documents that failure to apply by March 1 was due to postal error.

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Florida Attorney General Reports · Jun 3, 1977

The department shall establish and maintain a certified Florida [property appraiser] program . (Emphasis supplied.) … of public funds would be clearly unlawful under the guidelines set forth in AGO's 062-97 and 064-136.)

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Florida Attorney General Reports · Dec 22, 1975

The county must own the fee title to such dedicated roadbeds or streets in order for the realty to escape taxation, either as exempt or immune property. … Acceptance must be clearly and unequivocally proved. Roe v. Kendrick, 200 So. 394 (Fla. 1941).

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Florida Attorney General Reports · Apr 14, 1975

These regulations were intended to implement former s. 16, Ch. 57-213, and s. 945.23, F.S. 1969, which established a civil service system for personnel of the division. … answers" immunizing such employee from disciplinary action or criminal prosecution.

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Florida Attorney General Reports · Oct 12, 2001

VII of the State Constitution to historic properties if the owners are engaging in the restoration, rehabilitation, or renovation of such properties in accordance with guidelines established in this section." 2 The city or … In making such classifications, the governing body must act in a reasonable and nonarbitrary manner; section 196.1997 (3), Florida Statutes, however, clearly contemplates that the governing body may distinguish between different

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Florida Attorney General Reports · Nov 26, 1975

STATEMENT OF FACTS: As you know, our food stamp program utilizes the Clerk III classification to receive cash and issue food stamps to qualified recipients. … Congress established the food stamp program.

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Florida Attorney General Reports · Apr 10, 1974

Military personnel may establish permanent residence in Florida and qualify for Florida's homestead tax exemption, but if such personnel retain their legal residence or domicile in another state by availing themselves of … Military personnel stationed in Florida may, of course, qualify for the homestead tax exemption provided, inter alia, they establish the homestead as their permanent residence.

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Florida Attorney General Reports · Dec 5, 1979

Chapter 63-1558 was ratified by the qualified electors of the district and the district's establishment was approved by the voters at the 1963 general election as required by s. 12 of Ch. 63-1558. … S. 1969, stating that the establishment of an ambulance service is a county purpose.

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Florida Attorney General Reports · Jun 1, 1987

Section 768.28 , F.S. (1986 Supp.), represents a legislative waiver of immunity from tort liability for the state "and for its agencies or subdivisions" to the extent provided in the act. … QUESTION TWO You ask whether employees of a land authority qualify for participation in the statutorily prescribed retirement systems for certain officers and employees of the state and the counties.

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Florida Attorney General Reports · Jul 30, 1984

of the qualified and registered electors in such municipality or county shall be filed with the governing body of such municipality or county, requesting the governing body of such municipality or county to provide, establish … These statutorily authorized services and facilities therefore clearly constitute "county purposes."

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Florida Attorney General Reports · Oct 30, 1974

S., as amended by s. 2, Ch. 74-264, Laws of Florida, creates a replacement trust fund and extends it to "each qualified county, municipality, or special district." … As quoted above, s. 196.031 (3)(a) clearly differentiates between the two. Similarly, Art.

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Florida Attorney General Reports · Mar 16, 1978

The only factor which clearly and consistently invokes the requirement that counsel be provided to an indigent at government expense is the threat of deprivation of liberty. … it, and in the absence of such a statute, no legal power to grant immunity exists .

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Florida Attorney General Reports · Jan 21, 1980

S., including the definition of `qualified elector' contained in s. 582.01 (6). … The section now provides that, whenever used or referred to in ch. 582, unless a different meaning clearly appears from the context , `qualified elector' includes `any person qualified to vote in general elections under the

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Florida Attorney General Reports · Feb 12, 2003

Markham, 288 So.2d 196 , 197 (Fla. 1973) (constitutional provision providing for homestead exemption from taxation does not establish an absolute right to homestead exemption; rather, taxpayers who qualify will be granted … exemptions only upon establishment of their right thereto as prescribed by law).

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Florida Attorney General Reports · Mar 27, 1997

You have asked whether "physical occupancy" of residential property is required in order to initially qualify for the homestead tax exemption established by Article VII , section 6 , Florida Constitution. … It is an elemental part of the tax law of Florida that, in order 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

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Florida Attorney General Reports · May 2, 1979

S. 1977, clearly reveals that an eligible veteran or other qualified person included in s. 295.07 (1), (2), (3), and (4), F. … The amendment has thus clearly changed prior law relating to veterans' preference points. The legislative intent as expressed in s. 295.09 , F. S., as amended, is the law and must be given effect. See State v.

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Florida Attorney General Reports · Jun 3, 1988

from giving preference to veterans. 3 In 1987, s. 295.085 , F.S., was amended to apply to all positions, with specified exceptions, in the career service system not subject to a written examination. 4 Thus, the Legislature clearly … Cf., s. 295.08 , F.S., providing in situations where applicants with veterans' preference must take an examination to establish their qualifications, ten points are added to the applicants' earned scores and their names are

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Florida Attorney General Reports · May 22, 1992

For purposes of this inquiry, you ask that this office assume that the plans or drawing in question qualify as a trade secret. 11 No comment, therefore, is expressed as to whether the particular plans or drawings constitute … The courts of this state have generally held a records custodian who adheres to the disclosure requirements of Ch. 119 , F.S., to be personally immune from liability.

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Florida Attorney General Reports · Oct 2, 1987

Additionally, a definite financial burden on the municipality in park maintenance costs clearly justifying a higher fee for nonresidents would have to be shown. … As such, they are of more than local interest and become a concern of the state. 4 Clearly, any classification based upon residency would have to comply with the mandates established by the Equal Protection Clause and the

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Florida Attorney General Reports · Oct 1, 1985

The Bayshore Fire Protection and Rescue Service District is established as a public corporation having the powers, duties, rights, obligations and immunities set forth in the act and exercising jurisdiction over a designated … As related earlier herein, the board of commissioners is composed of five commissioners who are elected by the qualified electors residing within the district. Section 3, Ch. 76-414.