Case law

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Florida Attorney General Reports · Apr 28, 1988

liability for his or her investigative actions. 11 The test for qualified immunity is an objective one: whether the conduct of a governmental official "violate[s] clearly established statutory or constitutional rights of … However, a prosecutor enjoys only qualified immunity when carrying out administrative or investigative functions.

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Florida Attorney General Reports · Jan 9, 1989

faith immunity from civil action. 10 The test for qualified immunity is an objective one: whether the conduct of a governmental official violates clearly established statutory or constitutional rights of which a reasonable … Therefore, a chief judge would possess only a qualified good faith immunity for his or her actions under the Florida Certified Process Server Act.

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Florida Attorney General Reports · Apr 21, 1987

See also, s. 768.28 (5), supra, establishing the monetary limitations of the state's waiver. … The Florosa Fire Control District, established by a special act of the State Legislature, would clearly fall within the definitional purview of s. 768.281(2), and therefore, the state's sovereign immunity and its limited

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Florida Attorney General Reports · Dec 17, 2004

person who maintains a permanent business location or branch office within the municipality, for the privilege of engaging in or managing any profession or occupation within its jurisdiction. (3) Any person who does not qualify … manifested. 9 Your district office, established to assist you in carrying out your duties as a member of the state Legislature, would similarly appear to be immune from imposition of an occupational license tax or the requirement

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Florida Attorney General Reports · Oct 18, 2002

no money from the corporation other than payments for the care provided to indigent county residents, and that the district provides no other governmental function. 4 In order for Indian River Memorial Hospital, Inc., to qualify … Clearly, in section 155.40 , Florida Statutes, the Legislature has expressed an intent to allow a governmental entity to lease a hospital to a private entity and, by the terms of the lease, expressly provide that the private

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Florida Attorney General Reports · Dec 21, 1978

it clearly provide that an individual employee is immune from suit as a result of injuries sustained due to his negligence. … Had the legislature intended that individual employees be immune from suit, they would have clearly so stated.

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Florida Attorney General Reports · Nov 8, 1996

Such special masters 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 masters. . . . … actions and was, therefore, immune from suit. 5 Based on this determination of quasi-judicial status and judicial immunity, it is my opinion that a special master appointed pursuant to section 194.035 , Florida Statutes,

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Florida Attorney General Reports · Apr 14, 1981

the administration of immunizing agents conflicts with his religious tenets or practices; or (b) A competent medical authority certifies in writing that the child should be exempt from the required immunication for medical … I also note that pertinent chapters of Title XXXI, `Regulation of Professions and Occupations,' indicate that the Legislature intended to establish comprehensive regulation of all `health care practitioners' within chs. 458

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Florida Attorney General Reports · Jun 8, 1992

advanced life support, pursuant to the provisions of this act." 4 The definition of a physician, contained elsewhere in the act, is "a practitioner who is licensed under the provisions of chapter 458 or chapter 459." 5 Clearly … reading of the statutes cited above, it does not appear that directions given by an emergency medical technician or a paramedic to a law enforcement officer to restrain patients who are refusing medical treatment would qualify

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Florida Attorney General Reports · Nov 1, 1974

Dedication, as well as reservations and reversions of streets, park areas, etc., to property owners may be made by plats duly recorded and any such plats, if otherwise qualified, are entitled to be recorded. … Ownership by the county is necessary to obtain this immunity, however. See AGO 073-257.

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Florida Attorney General Reports · Jun 13, 1974

Regarding sovereign immunity, I hasten to add that the legislature has recently waived the state's immunity for liability for certain torts specified in the act. This act will become effective on January 1, 1975. … While the newsman's access may be restricted, guidelines must be narrowly drawn to prohibit interviews only where it can be clearly established that serious administrative or disciplinary problems are created.

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Florida Attorney General Reports · Aug 15, 1978

In particular, in AGO 077-97, this office expressly stated that district mental health boards appeared to qualify as quasi-public organizations; `they are nonprofit, their services are available to the general public within … Golden, 56 So.2d 911 , 913 (Fla. 1952), in which the court noted that a hospital district was not possessed of sovereign immunity because its activities fell `more clearly in the category of `proprietary' functions than `

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Florida Attorney General Reports · Aug 29, 1974

Thus, it was clearly the intent of the legislature that this legislation should refer to alcoholics and alcoholism only. … A qualified privilege exists when a public official exercises discretion while performing his duties precluding individual liability for the performance of official responsibilities if undertaken in good faith; this privilege

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Florida Attorney General Reports · Mar 28, 1984

As emphasized in AGO 74-255, The antinepotism statute was clearly not intended to prevent relatives from working together in public employment. … [and] [f]or this reason, . . . the [civil service] board fails to qualify as a `public official' under the definition prescribed by [s 116.111, F.S.]."

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Florida Attorney General Reports · Aug 27, 1986

See also, s. 768.28 (5), F.S., establishing the monetary limitations of the state's waiver. … See, AGO 78-42 (legislatively established hospital district included within scope of s. 768.28 ); AGO 78-113 (water control district within purview of s. 768.28 [2] and therefore, monetary limitations on tort liability established

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Florida Attorney General Reports · May 27, 1997

While a trustee may consider the advice of qualified experts, the trustee ultimately must exercise independent judgment in making these decisions. … And see, subsection (5) of the statute establishing the monetary limitations of the state's waiver of sovereign immunity at $100,000 for a claim or judgment by one person or $200,000 for all claims or judgments arising out

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Florida Attorney General Reports · Oct 25, 1977

SUMMARY: Assuming that it could qualify as a subscriber to a reciprocal insurance association under s. 629.191 , F. … AGO 075-114 (hospital districts not possessed of sovereign immunity).

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Florida Attorney General Reports · Apr 22, 1975

hospital would not be restricted to the monetary limitations on tort claims established by s. 768.28 (5) and (10), F.S. … Golden et al., 56 So.2d 911 , 913 (Fla. 1952), that the activities of a legislatively established hospital district fall more clearly in the category of "proprietary" functions than "governmental" functions, as to those patients

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Florida Attorney General Reports · Sep 10, 1976

The purpose of the act, as indicated by its title, is: To amend the Public Health Service Act to authorize the establishment and implementation of an emergency national swine flu immunization program and to provide an exclusive … I understand that, after you wrote your letter to me, you have been asked whether a private health agency may be reimbursed for its expenses and still qualify as a "program participant."

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Florida Attorney General Reports · Oct 9, 1985

These provisions of subsection (2)(b) appear to clearly supply the answer to your first question. See also, AGO 74-108. Cf., s. 394.461 (4)(e), F.S. (1984 Supp.). … QUESTION TWO You secondly ask whether a county facility which cannot house patients for a 72 hour period is qualified to be designated a receiving facility.