Case law

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Florida Attorney General Reports · Dec 13, 2001

However, to take advantage of this exception, the statutory directives must be met, that is, the time frame established by the statute must be satisfied and a fee of $15 must be paid. … previously determined that value adjustment boards may only consider applications for exemptions previously submitted to the property appraiser in a timely manner. 7 As Attorney General's Opinion 70-83 stated, the statutes "clearly

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Florida Attorney General Reports · Jan 22, 1974

Inasmuch as candidates for the offices of president and vice-president of the United States do not file qualification papers or pay qualifying fees [see s. 103.101 (3), F. … Nor did the 1973 amendments provide, clearly and unequivocally, that an election within the purview of the Election Code included a presidential preference primary election.

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Florida Attorney General Reports · Mar 29, 1989

No exception, however, is recognized for persons employed by law enforcement agencies within this state who do not otherwise qualify for the in-state tuition rate pursuant to s. 240.1201(2), F.S. … other exceptions, it would have done so clearly and unequivocally).

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Florida Attorney General Reports · Nov 20, 1998

should provide the affected public with the opportunity to make a reasonable evaluation of the proposed transfer through public notice hearings to ensure that disposition of the facilities established and supported by public … (e.s) As a hospital authority created by special act, the West Volusia Hospital Authority clearly would appear to fall within section 155.40 (1), Florida Statutes, which by its own terms applies to any county, municipal or

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Florida Attorney General Reports · Jun 21, 1984

WHERE AN OUT-OF-STATE HEIR OF A QUALIFIED CLAIMANT UNDER s 197.256(1)(a)1 THROUGH 6, F.S., ASSERTS A CLAIM TO EXCESS FUNDS, MAY THE BOARD OF COUNTY COMMISSIONERS REQUIRE THE HEIR TO ESTABLISH THROUGH ANCILLARY PROBATE PROCEEDINGS … If the foreign personal representative is not qualified to act in Florida and the will names an alternate or successor who is qualified to act in Florida, the alternate or successor shall be entitled to have letters issued

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Florida Attorney General Reports · Apr 21, 1976

The "Health Maintenance Organization Act of 1973" is clearly and specifically designed to reach all employers as that term is defined in the Fair Labor Standards Act of 1938, as amended. … States have been clearly unequivocally brought within the purview of said Act.

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Florida Attorney General Reports · Jun 30, 1997

as a public deposit that may be placed only in a qualified public depository. 10 A "qualified public depository" is "any bank or savings association organized and existing under the laws of this state and any bank or savings … Fla. 72-272 (1972) stating: "Where the applicable statutes and laws, establishing or providing for the establishment of the special taxing district, municipality or public corporation, are silent on the question of deposits

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Florida Attorney General Reports · Jun 7, 2010

firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. … As this office concluded in Attorney General Opinion 88-42, a process that establishes a fee for proposed professional services prior to the initiation of the other steps required by section 287.055 , Florida Statutes, would

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Florida Attorney General Reports · Jan 8, 1980

S., immune from the 5-percent surcharge in s. 960.25, F. S.? SUMMARY: The `costs' provided for in ss. 943.25 and 960.20, F. S., are not subject to the 5-percent surcharge established and created by s. 960.25, F. S. … I apprehend that, had the Legislature intended that the `costs' prescribed in ss. 943.25 (3) and (5) and 960.20 be subject to the 5-percent surcharge under s. 960.25, it would have provided for such clearly and unequivocally

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Florida Attorney General Reports · May 28, 1975

Section 768.28 (1), F.S., provides that, in accord with the State Constitution, . . . the state, for itself and for its agencies or subdivisions, hereby waives sovereign immunity for liability for torts, but only to the extent … Having established that the Fire Fighters Standards Council is an "agency" of the state, s. 768.28 (5), F.S., clearly provides that the state and its agencies are liable for tort claims to the same extent and in the same

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Florida Attorney General Reports · Oct 13, 2009

and procedures established prior to the solicitation of competitive proposals. 5. … In the case of public emergencies, for the agency head to declare an emergency and authorize negotiations with the best qualified design-build firm available at that time." 8 Clearly, the Legislature has provided a structure

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Florida Attorney General Reports · May 28, 1975

If it is determined by the property appraiser that separate permanent residences and separate "family units" have been established by the husband and wife and they are otherwise qualified, each may be granted homestead exemption … Rather, it clearly provides that taxpayers who otherwise qualify shall be granted an exemption only "upon establishment of right thereto . . . ." [Horne v. Markham, 288 So.2d 196 , 199 (Fla. 1973).]

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Florida Attorney General Reports · Feb 3, 1978

This apparent ambiguity results from the following: The class of persons upon whom s. 1 is clearly intended to operate is defined by reference to Chs. 74-105 and 75-177, Laws of Florida. … S., with respect to both categories of nurses to whom the board is authorized to issue licenses, the format for establishing an applicant's qualifications are the same.

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Florida Attorney General Reports · May 15, 1985

Control District was created by s 1 of Ch. 65-1355, Laws of Florida, as `a special fire control district . . . which shall become and be a public municipal corporation having the powers, duties, rights, obligations and immunities … See , AGO 74-169, concluding that a special act creating a special fire control district as a `public municipal corporation' established a public quasi corporation, a governmental agency having only those powers delegated

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Florida Attorney General Reports · May 13, 2003

Where a statute contains a definition of a phrase, that meaning must be ascribed to the phrase whenever repeated in the same statute unless a contrary intent clearly appears. 8 Accordingly, I am of the opinion that neither … Stat., which states that "[a]s used in this act, state agencies or subdivisions' include the executive departments, the Legislature, the judicial branch (including public defenders), and the independent establishments of

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Florida Attorney General Reports · Jul 15, 1975

Such a definition adopted by the Department of Revenue is controlling unless and until a court of competent jurisdiction declares the same to be clearly erroneous or unauthorized. State ex rel. … Since the certification is to be made either by two physicians or the Veterans' Administration, the criteria used by the latter agency would establish a consistent basis for the determination, although neither the statute

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Florida Attorney General Reports · Nov 21, 2005

The opinion stated that if the property appraiser determined that separate permanent residences and separate "family units" had been established by the husband and wife and they were otherwise qualified, each could be granted … Rather, it clearly provides that taxpayers who otherwise qualify shall be granted an exemption only `upon establishment of right thereto. . . .'" 1 The burden is on the applicants to demonstrate that they have established

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Florida Attorney General Reports · Feb 18, 1985

Johns County and subsequently were elected by the qualified voters of the district. Section 2. (2) of Ch. 82-375. … Provision should be made for any possible tort liability since the state on behalf of itself and other governmental agencies has to a limited extent waived its sovereign immunity. See, s 768.28 , F.S.

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Florida Attorney General Reports · Jun 28, 2001

ordinances regulating or prohibiting activities or business transactions of a licensee regulated by the Division of Alcoholic Beverages and Tobacco under the Beverage Law. 10 The state regulations contained in the Beverage Law clearly … Stat., sets forth the criteria to qualify as a responsible vendor under the "Florida Responsible Vendor Act," Chapter 561 , Fla. Stat. 6 Section 562.45 (1), Fla.

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Florida Attorney General Reports · Dec 1, 1977

QUESTION: Is an international banking corporation which establishes an international bank agency or representative office pursuant to Ch. 77-157 , Laws of Florida, subject to the provisions of part II or part VII, Ch. 220 … Thus, an international bank agency, to qualify for the s. 220.68, F.