Arrestable Offenses / Crimes under Fla. Stat. 1.01
CopyCited 362 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 13575, 2003 WL 21521761
County Board of Commissioners. Ga. Const, art. 9, § 1, 1 (“Each county shall be a body corporate and politic
CopyCited 212 times | Published | Supreme Court of Florida | 1969 Fla. LEXIS 2268
...Florida Game & Fresh Water Fish Commission v. Driggers,
65 So.2d 723 (Fla. 1953). Although this statute provides for the issuance of injunctions upon application by "citizens," the Circuit Court could properly entertain the application of one citizen, as Fla. Stat., §
1.01(1), F.S.A., provides that the singular includes the plural and vice versa in the construction of a word in the Florida Statutes....
CopyCited 128 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 812
definition of "arriving alien" is set forth at 8 C.F.R. § 1.1(q): The term arriving alien means an applicant
CopyCited 128 times | Published | Court of Appeals for the Eleventh Circuit | 2015 A.M.C. 2525, 98 Fed. R. Serv. 81, 2015 U.S. App. LEXIS 13541
maritime vessels and structures[.]” ASTM F1166-07 at § 1.1. In relevant part, it specifies that “[wjalkways
CopyCited 111 times | Published | Court of Appeals for the Eleventh Circuit | 2009 U.S. App. LEXIS 2057, 2009 WL 223884
...We, therefore, must form a
reasoned opinion as to how this statute should be interpreted. We determine that the
plain language of section
655.82 permits a corporation to be a beneficiary of a pay-
on-death account because the definition of the term “person” in section
1.01(3) of
the Florida Statutes includes corporations....
...5
law or related statutory provisions which define the term, and where a statute does
not specifically define words of common usage, such words are construed in their
plain and ordinary sense”).
Section 1.01(3) of the Florida Statutes does provide a definition of the term
“person.”
1.01....
......
(3) The word “person” includes individuals, children, firms,
associations, joint adventures, partnerships, estates, trusts, business
trusts, syndicates, fiduciaries, corporations, and all other groups or
combinations.
§
1.01(3), Florida Statutes. This definition of “person” applies to section
655.82 so
long as “the context permit[s].” §
1.01(3), Fla. Stat. We find that the context of
section
655.82 plainly permits the use of the definition of “person” as set forth in
section
1.01(3). Because the definition of “person” in section
1.01(3) includes
“corporations,” we hold that a beneficiary of a pay-on-death account may be a
corporation....
...the pay-on-death account of Richard Jose Belanger.
The Estate argues that there is an ambiguity in the context of section
655.82
that does not permit the application of the definition of “person” found in section
6
1.01(3) to pay-on-death accounts....
...“deceased.” Finally, the statute includes references to “his” or “her,” but does not
use the term “it” or “its.”
We disagree that the use of these terms in the context of section
655.82
precludes our applying the definition of “person” section
1.01(3)....
...son”
7
when enacting section
655.82 is evidence of the Legislature’s intention to limit pay-
on-death accounts to natural persons. The Estate argues that the use of the
definition of “person”in section
1.01(3) is not proper in this case because the
Florida Legislature in a different statute passed on the same day included the
Uniform Nonprobate Transfers on Death Act’s definition of “person,” which
expressly provides that a corpora...
...The Estate argues that this shows that
when the legislature meant to include artificial persons as beneficiaries it
specifically provided a definition that expressly included corporations as “persons.”
The Estate further argues that if the definition of “person” in section 1.01(3) were
intended to apply to both of the non-probate transfer on death statutes -- that is, the
pay-on-death account and the transfer-on-death security registration statute -- there
would have been no reason for the Florida Legislatur...
...n”, or to limit the definition of “person” to
natural persons only. There is no limitation on the term “person” in Section
655.82
indicating that the legislature was not relying on Florida’s general definition of
“person” found in section
1.01(3). We find that in the absence of any express intent
to limit who can be a “person” under section
655.82 that the Legislature intended to
rely on the definition of “person” found in section
1.01(3)....
CopyCited 79 times | Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 12999
contain the same definition, see 8 C.F.R. § 1.1(p), but in 1996 an additional sentence was added
CopyCited 75 times | Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 229, 2003 Fla. LEXIS 380, 2003 WL 1088575
...lural. However, when considered with the other provisions of the FDUTPA, it is clear that the prohibition is broad enough to protect against instances of unfair or deceptive conduct as to a single party or under a single transaction or contract. See § 1.01(1), Fla....
CopyCited 60 times | Published | Court of Appeals for the Eleventh Circuit | 65 U.S.P.Q. 2d (BNA) 1563, 2003 U.S. App. LEXIS 1122, 2003 WL 164280
...Georgia law, PKM’s four claims at issue are clearly “based” upon a trade secret, and thus are superceded by the GTSA. See Powell Products, Inc. v. Marks,
948 F.Supp. 1469, 1474 (D.Colo.1996) (citing Roger M. Milgrim, Milgrim on Trade Secrets, §
1.01[4], at 1-68.14 (1996)) (noting that preemption is appropriate where “other claims are no more than a restatement of the same operative facts which would plainly and exclusively spell out only trade secret misappropriation”)....
CopyCited 53 times | Published | Court of Appeals for the Eleventh Circuit | 72 U.S.P.Q. 2d (BNA) 1365, 21 I.E.R. Cas. (BNA) 1257, 2004 U.S. App. LEXIS 18258, 2004 WL 1908424
...75, 81 (2003); Paul Goldstein,
Preempted State Doctrines, Involuntary Transfers and Compulsory Licenses:
Testing the Limits of Copyright, 24 U.C.L.A. L. Rev. 1107, 1119 (1977).
Therefore, “the Copyright Act does not extend protection to ideas as distinguished
from their expression.” Nimmer on Copyright, § 1.01[B][2][c] at 1-58 (2004).
The language and structure of the Copyright Act contains an important
distinction that is critical to our analysis of whether an idea can be said to fall
(5) pictoral, graphic, and sculptural works;...
CopyCited 48 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 15984
binding under the law-” 1 Williston on Contracts § 1:1 (4th ed.). A contract imposes obligations on the
CopyCited 45 times | Published | District Court, S.D. Florida | 2000 U.S. Dist. LEXIS 3225, 2000 WL 289604
...Therefore, because Plaintiff was six years old at the filing of this action, Cuban law considers Plaintiff without capacity to bring this lawsuit himself. Similarly, in Florida, children do not have capacity to sue at age six. Under Florida law, a "minor" is any person under age eighteen. See Fla. Stat. Ann. § 1.01(13) (West 1999)....
CopyCited 45 times | Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 219, 2005 Fla. LEXIS 612, 2005 WL 774838
limit. See Stephen F. Ashley, Bad Faith Actions § 1:01 (1995). With no actionable remedy, insureds in
CopyCited 44 times | Published | Supreme Court of Florida | 2006 WL 20584
imposed by the 1998 amendment to article IX, section 1: (1) FINDINGS AND INTENT. ... The Legislature
CopyCited 43 times | Published | Court of Appeals for the Eleventh Circuit | 28 Media L. Rep. (BNA) 1219, 1999 U.S. App. LEXIS 29736, 1999 WL 1028538
sexually explicit conduct.” CPPA, Pub.L. No. 104-208, § 1(1), 110 Stat. 3009-26 (1996). Pedophiles often rely
CopyCited 42 times | Published | Court of Appeals for the Eleventh Circuit | 3 Am. Disabilities Cas. (BNA) 595, 1994 U.S. App. LEXIS 16238, 1994 WL 258767
1 (1937) (rep. 1962); Dobbs, supra, § 1.1, at 1-2. For example, if the defendant misappropriates
CopyCited 41 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 9299, 1991 WL 63745
other so to act.” Restatement (Second) of Agency § 1(1) (1958). The “principal” is “[t]he one for whom
CopyCited 37 times | Published | Supreme Court of Florida | 2005 WL 3005562
Chapter 2003-418 provided in pertinent part: Section 1. (1) The Governor shall have the authority to issue
CopyCited 36 times | Published | Supreme Court of Florida
...em from the purchaser for the purchase of such service. * * * * * * (4) A municipality may exempt from taxation hereunder the purchase of the taxable items by the United States government, the State of Florida, or any other public body as defined in section
1.01, Florida Statutes, and shall exempt [purchases by] any recognized church in this state for use exclusively for church purposes." Appellants brought a declaratory action challenging the constitutionality of Section
166.231....
CopyCited 34 times | Published | Supreme Court of Florida | 2004 WL 3404162
...More troubling is the majority's disapproval of the ordinance's inclusion of seventeen-year-olds within the curfew. Majority op. at 1118. This distinction is eminently logical. Under state law, a seventeen-year-old is still considered a minor. See § 1.01(13), Fla....
CopyCited 33 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 18074, 100 Empl. Prac. Dec. (CCH) 45, 650, 129 Fair Empl. Prac. Cas. (BNA) 1031, 2016 WL 5800001
include the future as well as the present.” 1 U.S.C. § 1. 1 Also, the majority’s statement that the
CopyCited 33 times | Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 17990, 46 Bankr. Ct. Dec. (CRR) 224
...fifth anniversary of the
confirmation. No payments were to be made to Noteholders during the first year after
confirmation. Beginning with the second year, principal and interest were to be paid by the
Debtor on a quarterly basis.
2
Section 1.01 of the Trust Indenture Agreement defines “Collateral” as the real and
personal property of the Debtor, any individual item of such real and personal property, and the
“Escrow Account.” That section defines “Escrow Account” as...
...deposit the
Prepayment Funds for payment of the Notes. It stated:
On or prior to any Prepayment Date, the [Debtor] shall deposit with the
Trustee or with a Paying Agent (or, if the Company is acting as its own
26
Section 1.01 of the Agreement defines “Security Documents” as “any and all security
agreements, mortgages, deeds of trust and deeds to secure debt (including collateral assignments
obtained pursuant thereto), assignments, pledges and other agre...
...ral.
This reading is bolstered by Section
8.02 of the Trust Indenture Agreement,
which is entitled “Application of Deposited Money.” Echoing the language of
Section 15.04, this section stated, in pertinent part:
29
Section
1.01 defines a “Paying Agent” as a “any person authorized by the [Debtor] to
pay the principal of, or interest on, any Notes on behalf of the [Debtor].”
42
Moneys deposited with t...
CopyCited 31 times | Published | Supreme Court of Florida | 2004 WL 2109983
chapter 2003-418 is clear. It states in full: Section 1. (1) The Governor shall have the authority to issue
CopyCited 31 times | Published | Florida 1st District Court of Appeal | 2001 WL 209068
...consequently not been waived. Chapter 704 does not define the word "person." Consequently, appellant urges, chapter 1, which contains definitions for construction of all statutes where context permits, is therefore applicable. "Person" is defined in section 1.01(3) to include "individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations." A separate definition exists for "...
...school districts, special roads and bridge districts, bridge districts and all other districts in this state." Thus, for purposes of chapter 704, appellant concludes, a special district is not a "person." We disagree. Under the express provisions of section 1.01, the definitions contained therein apply only where the context permits....
CopyCited 30 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 14838, 1984 Copyright L. Dec. (CCH) 25, 608
...The proper method of analysis is to examine whether the elements of a cause of action for the tort of copyright infringement are equivalent to the elements of the crime of dealing in stolen property as it applies in this case. See 1 Nimmer on Copyright, § 1.01[b]....
...U.S. Const., art. VI, § 2. 3 . Professor Nimmer also reaches this conclusion. He states, “state record piracy laws are preempted in their application to ... sound recordings under the rules set forth in section 301(a).” 1 Nimmer on Copyright, § 1.01[b] (footnote omitted) (citing section 653h of the California Penal Code)....
...the plaintiff to allege unfairness and an unjustifiable attempt to profit from another’s expenditure of time, labor and talent in order to state a cause of action. The logic underlying this decision has been questioned. See 1 Nimmer on Copyright, 1.01[b][l]....
CopyCited 28 times | Published | District Court, N.D. Florida | 1992 U.S. Dist. LEXIS 16143, 1992 WL 145189
...provided in part: "The Florida Public Service Commissioners may prescribe reasonable rules and regulations relating to the separation of white and colored passengers in passenger cars being operated in this state by any railroad company or other common carrier." Additionally, § 1.01(6), Fla.Stat....
CopyCited 28 times | Published | Supreme Court of Florida | 1969 Fla. LEXIS 2272, 1969 WL 173834
...The theory of separation of powers, while still guiding the drafters of various state constitutions, has hardly any influence upon administrative arrangements or activities. The problems of delegation are of sharply diminishing importance in state law. Administrative Law Treatise by Davis, Vol. 1, § 1.01....
CopyCited 28 times | Published | Supreme Court of Florida
...were denied. "Impairment of Contracts "Plaintiffs contend that the Charter will impair the contracts and obligations *505 of the former governments in violation of the State Constitution. The answer to this contention is in the Charter itself. Under Section 1.01, the Consolidated Government becomes `subject to all of the liabilities, obligations and duties of the former governments from and after the effective date of this Charter'....
CopyCited 28 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 6955
Department of Justice. 15 USAM § 1-1.000 (emphasis added). San Pedro relies on the
CopyCited 27 times | Published | Supreme Court of Florida
...opolitan government in Dade County." The Dade County Charter, however, authorized the Board of County Commissioners to levy all taxes in unincorporated areas that were authorized to be levied by municipalities. Dade County Home Rule Charter, Art, I, § 1.01(24) (d) (1957)....
...constitutional authority, the Home Rule Charter adopted by the electors of Dade County authorized the Board of County Commissioners to `provide and regulate * * * waste and sewage collection and disposal and water supply and conservation programs,' Section 1.01A(9), and to have `all implied powers necessary and proper to carrying out such powers * * *.' Section 1.01B....
...In addition, the Board is expressly authorized to `exercise all powers and privileges granted to municipalities, counties and county officers by the Constitution and laws of the state, and all powers not prohibited by the Constitution *692 or by this Charter.' Section 1.01A(21)." The Attorney General, in 1963, ruled that Dade County was a "municipality" within the meaning of Ch....
CopyCited 26 times | Published | Florida 5th District Court of Appeal
...0. [3] See §
61.09, Fla. Stat. (1979). [4] Isaacs v. Deutsch,
80 So.2d 657 (Fla. 1955). [5] See Fla.R.Civ.P. 1.210(b). [6] See §§
409.2564, 88.101, 88.181(2), Fla. Stat. (1979). [7] Armour v. Allen,
377 So.2d 798 (Fla. 1st DCA 1979). [8] See also §
1.01(14), Fla....
CopyCited 26 times | Published | Court of Appeals for the Eleventh Circuit | 2007 U.S. App. LEXIS 2269, 2007 WL 286258
...Premiere required all Plaintiffs and some of the other shareholders to execute
stockholder agreements. Under these stockholder agreements, Plaintiffs granted
irrevocable proxies to Premiere to vote their Xpedite stock in favor of the merger:
SECTION 1.01 VOTING AGREEMENT....
CopyCited 25 times | Published | Florida 4th District Court of Appeal | 1998 WL 842779
...As to the remaining attendees, while the City acknowledges the Duval County decision, it nevertheless claims that the remaining attendees fall under the expansive title of Chief Administrative Officer and Executive Officer as set forth in section
286.011(8), when read in conjunction with section
1.01, Florida Statutes. Section
1.01 provides in relevant part: In construing these statutes and each and every word, phrase, or part hereof, where the context will permit: (6) Reference to any office or officer includes any person authorized by law to perform the duties of such office. We reject the City's argument that under section
1.01 those staff members who are *899 delegated authority and who report to the City's Chief Administrative Officer can attend closed attorney-client meetings....
...tion process as the Superintendent and School Board members are free to meet with staff in private at any time since staff members are not subject to the Sunshine Law.
670 So.2d at 101. The same analogy applies in the instant case. Further, sections
1.01 and
286.011(8) can not be read in pari materia as suggested by the City, as it is a basis tenet of statutory construction that a specific statute covering a particular subject area always controls over a statute covering the same and other subjects in more general terms. McKendry v. State,
641 So.2d 45, 46 (Fla.1994). The more specific statute, section
286.011(8), is considered to be an exception to the general terms of the more general statute, section
1.01....
CopyCited 24 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 32693, 1998 WL 889376
10312, 10330 (1997) (currently codified in 8 C.F.R. § 1.1 (q) (1998)), which states: "The term arriving alien
CopyCited 23 times | Published | Supreme Court of Florida
...se all powers whether granted by their several charters, or by Special Act, or by General Law. This, however, shall not and does not apply to Section 4.04 dealing with Assessment and Collection of Taxes, nor with Sub-paragraph (18) of Paragraph A of Section 1.01 which permits the Dade County Commissioners to set reasonable minimum standards for all governmental units in the County for the performance of any service or function....
CopyCited 22 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1195
increased penalties for the more serious offense (section 1): (1) Whoever unlawfully or willfully tortures,
CopyCited 21 times | Published | Florida 3rd District Court of Appeal
...Therefore, zoning ordinances have been sustained because of their tendency to insure that such essential governmental services as water supply will be provided. See Anderson, R.M., American Law of Zoning § 7.26 (2d ed 1968). It is clear that the county commission is empowered under Article 1, Section 1.01(A)(9) and (12) of the Home Rule Charter of Metropolitan Dade County to enact zoning ordinances and resolutions to assure an adequate water supply for the protection of the public....
CopyCited 20 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 18717, 100 Empl. Prac. Dec. (CCH) 45, 661, 129 Fair Empl. Prac. Cas. (BNA) 1105, 26 Fla. L. Weekly Fed. C 883
other Persons.” 15 . For example, § 1-1-1 of the Tribal Code states that the "sovereign
CopyCited 20 times | Published | Supreme Court of Florida
manifest *416 that our Constitution, Article IX, § 1[1] and § 5[2] prohibits the exercise of such power
CopyCited 20 times | Published | Florida 1st District Court of Appeal
assessment and collection, see 50 Fla. Jur.2d, Taxation, § 1:1 (1983), taxation is not the same as tax, which is
CopyCited 20 times | Published | Court of Appeals for the Eleventh Circuit | 32 I.E.R. Cas. (BNA) 994, 2011 A.M.C. 1819, 2011 U.S. App. LEXIS 15658, 2011 WL 3207771
(Second) of Agency § 1(1), (2), cmt. d (1958). [13] See Restatement (Second) of Agency § 1(1), (2), cmt. e
CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 1990 WL 52319
Stat. (Supp. 1984) (corresponds to Ch. 84-41, § 1(1), Laws of Fla.). Prior to the amendments in 1982
CopyCited 19 times | Published | Supreme Court of Florida
the trial judge's inquiry reads as follows: "Section 1. (1) A person commits the offense of distributing
CopyCited 19 times | Published | Florida 1st District Court of Appeal | 1996 WL 720607
Robert E. Keeton and Alan I Widiss, Insurance Law § 1.1(b) (1988). See also Helvering v. Le Gierse et al
CopyCited 18 times | Published | Supreme Court of Florida
...All three acts, which together comprise the present charter of the consolidated City of Jacksonville, were subject to a referendum held in Duval County and were approved. According to the original act, Chapter 67-1320, a single government was created (Section 1.01) which had any and all powers of the cities, county, or any former government (Section 3.01) including the power to levy occupational license tax (Section 3.02)....
CopyCited 18 times | Published | Supreme Court of Florida | 1992 WL 97994
...As recently as 1967, section 350.20, Florida Statutes, provided in part: The Florida public service commissioners may prescribe reasonable rules and regulations relating to the separation of white and colored passengers in passenger cars being operated in this state by any railroad company or other common carrier. Section 1.01(6), Florida Statutes (1967), further stated in part: The words "negro," "colored," "colored persons," "mulatto" or "persons of color," when applied to persons, include every person having one-eighth or more of African or negro blood....
CopyCited 18 times | Published | Court of Appeals for the Eleventh Circuit | 2002 U.S. App. LEXIS 6019, 2002 WL 480099
acceptable Accountants.” "Accountants” is defined in section 1.1 of the Agreement as "one of the 'Big Six' independent
CopyCited 18 times | Published | Court of Appeals for the Eleventh Circuit | 1993 WL 236296
Bryson, Grand Jury Law and Practice § 1:01 (1986); see also Blair, 250 U.S
CopyCited 18 times | Published | Florida 1st District Court of Appeal
..."until further order of the court" as was provided in the previous order. On July 1, 1973 Chapter 73-21, removing the disability of non-age to persons 18 years of age became effective. That statute provides as follows: "Section 1. Subsection (14) of section 1.01, Florida Statutes, is created to read: "1.01 Definitions....
CopyCited 18 times | Published | Florida 4th District Court of Appeal
the construction of which is at issue here. Section 1(1) of the act required the above described millage
CopyCited 18 times | Published | Supreme Court of Florida
...of majority, marries, becomes self-supporting or deceased, said payments would be reduced by $15.00 per week." On June 13, 1969, the date of the final judgment described above, "the age of majority" meant 21 years of age. On July 1, 1973, Fla. Stat. § 1.01(14), F.S.A., changed the definition of "majority" and "minority" so that a minor was defined as "a person who has not attained the age of 18 years." The husband on July 1, 1973, stopped making support payments for the 19-year-old child of the...
..., and shortly thereafter the wife brought proceedings to enforce the support provisions of the final judgment. The trial court found that by operation of law, the husband's obligation to make support payments to the 19-year-old ended when Fla. Stat. § 1.01(14), F.S.A., became effective, notwithstanding the agreement. The wife appealed. The District Court of Appeal, Third District, properly reversed the trial court. Fla. Stat. § 1.01(14), F.S.A., provides: "Section 1. Subsection (14) of section 1.01, Florida Statutes, is created to read: "1.01 Definitions "In construing these statutes and each and every word, phrase, or part hereof, where the context will permit: "(14) The word `minor' includes any person who has not attained the age of 18 years....
CopyCited 17 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 54448, 2009 WL 1810757
...ts protections of businesses. Senate Staff Analysis, CS/SB 208, Mar. 22, 2001, at p. 3. The Committee also stated that the word "consumer" should be stricken and replaced by the word "person" in the text of the statute and noted that Florida Statute § 1.01(3) understands "person" to include a business....
CopyCited 17 times | Published | Florida 3rd District Court of Appeal | 1990 WL 17474
...preempted. 17 U.S.C. § 301(a) (1976). Section 106 of the act states that the rights within the general scope of copyright are those which prohibit reproduction, performance, distribution or display of a work. 17 U.S.C. § 106; 1 Nimmer on Copyright § 1.01[B] at 1-11 (1987). Therefore, those state law causes of action which contain an element qualitatively different from a copyright infringement claim may be maintained. 17 U.S.C. § 301; Nimmer, § 1.01[B] at 1-11 to 1-12....
CopyCited 17 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 1414247, 2012 U.S. App. LEXIS 8359
...issued a dividend to shareholders—the majority of whom were company
insiders—and planned to spin off the company’s profitable microloan lending
business. Plaintiffs argued that these actions were fraudulent transfers intended to
3
Section 1.01 of the Indentures defines the term “Default.” The parties agree that no
Default has occurred here.
4
Directors and Officers were added as defendants in May 2010.
4
benefit company insiders....
CopyCited 16 times | Published | Supreme Court of Florida | 1962 WL 115963
...tricts, and other governmental units in Dade County from time to time and provide for their government and prescribe their jurisdiction and powers." The Home Rule Charter adopted pursuant to the constitutional amendment contains the following: "Sec. 1.01....
...nd to fix and collect rates, tolls and charges on the same and to acquire such property as may be deemed necessary to the successful operation of any such project and to make contracts with reference thereto. [6] Article VIII, Section 11(1) (e). [7] Section 1.01(A) (2)....
CopyCited 16 times | Published | Supreme Court of Florida
...ividuals, it would have to be brought as a tax payers suit and on the other that there is no "person" known as the Duval County Budget Commission. The pertinent section must be read in conjunction with Chapter 21874, General Acts of 1943, as well as Section 1.01, Florida Statutes 1959, F.S.A., for the proper determination of the word "person"....
...n' defined. The word `person' wherever used in this chapter shall be construed to mean any person, partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever." Also see Sec. 1.01, Florida Statutes 1959, F.S.A., defining "person" as used in the Statutes of Florida....
CopyCited 16 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 3753, 2008 WL 466127
Rents franchise in South Florida. Doc. 33 Ex. A1 § 1.1. That same day, Volvo Rents and World Rentals signed
CopyCited 16 times | Published | United States Bankruptcy Court, S.D. Florida. | 9 Fla. L. Weekly Fed. B 136, 1995 Bankr. LEXIS 1386, 27 Bankr. Ct. Dec. (CRR) 821
...s worth, after giving effect to any concurrent payment or distribution to or for the holders of Senior Indebtedness, before any payment or distribution is made to the holders of the Debentures or to the Trustee under this Indenture (emphasis added). Section 1.01 of the 1972 Indenture, entitled "Definitions", provides: Senior Indebtedness: The term "Senior Indebtedness" shall mean (a) all indebtedness for money borrowed incurred by the Company whether outstanding on the date of execution of this...
...acquire, any note payable or draft accepted by another or any purchase money obligation of another) in each case representing an extension of credit (emphasis added). Subordination Language Of Both The 1984 Indenture And The 1985 Indenture Section 11.01 of both the 1984 Indenture and the 1985 Indenture, entitled "Agreement to Subordinate", provides: Agreement to Subordinate....
...any concurrent payment or distribution to the holders of such Senior Indebtedness. The obligations of the Company in respect of the Notes shall rank on a parity with any obligations of the Company Ranking on a parity with the Notes (emphasis added). Section 1.01 of both the 1984 Indenture and the 1985 Indenture, entitled "Definitions", provides: Senior Indebtedness of the Company: The term "Senior Indebtedness of the Company" means (a) any indebtedness of the Company for money borrowed, whether...
...for post-petition interest, the indebtedness for post-petition interest cannot properly be said to be "outstanding." In the instant case, substituting the definition of the term "Senior Indebtedness" into the operative subordination provision of § 11.01 of the 1984 Indenture and 1985 Indenture and § 1301 of the 1987 Indenture and 1989 Indenture, reveals the flaw in the Plaintiffs' position: in the case of any ....
CopyCited 15 times | Published | Supreme Court of Florida | 2008 WL 4240235
...mprovements, roadway, access to St. Andrews Bay and East Bay and streetscape and public plaza improvements, electrical utility improvements, water/fire service improvements and wastewater system improvements." Parker, Fla., Ordinance 07-313, art. I, § 1.01 (Feb. 8, 2007). Absent Parker's approval of supplemental ordinances, the tax increment revenues deposited into the trust fund are the only source of revenues pledged to repay the bonds. See Ordinance 07-313, art. I, § 1.01....
...uer shall so provide by Supplemental Ordinance, (i) any Assessments that may be levied, or (ii) other legally available revenues of the Issuer if consented to by the Holders of the Bonds or the Bond Insurer on their behalf. Ordinance 07-313, art. I, § 1.01....
CopyCited 15 times | Published | Florida 5th District Court of Appeal | 13 Fla. L. Weekly 1733, 1988 Fla. App. LEXIS 3174, 1988 WL 73928
...Capeletti Bros. Inc.,
375 So.2d 313 (Fla. 4th DCA 1979), cert. den.,
385 So.2d 755 (Fla. 1980); Shaughnessy v. Metropolitan Dade County,
238 So.2d 466 (Fla. 3d DCA 1970)] has been limited by these new laws. 1 Florida Real Property Practice Service §
1.01.B.3 at 17; Machado....
...[11] While staff recommendations by the planning department of a zoning entity are not binding on the zoning authority, they are due great weight, particularly when the Comprehensive Planning Act is involved. 1 Florida Real Property Practice Service § 1.01.B.3 at 19....
CopyCited 15 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 50, 2012 WL 224104, 2012 Fla. LEXIS 195
residential property coverages. See ch. 93-401, § 1(1), Laws of Fla.
CopyCited 15 times | Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 69, 2002 Fla. LEXIS 26, 2002 WL 58575
...offer and received a verdict which was at least twenty-five percent more than that offer. The majority also relies on "the plain language" of section
768.79, which refers to the term "party" in the singular. I am not persuaded by this reasoning, as section
1.01(1), Florida Statutes (2001), provides, "In construing these statutes and each and every word, phrase, or part hereof, where the context will permit ......
CopyCited 14 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 909, 2000 Fla. LEXIS 2043, 2000 WL 1587794
Committee's recommendation concerning chapter 98-2, section 1[1] and scheduled oral argument solely on that recommendation
CopyCited 14 times | Published | Florida 1st District Court of Appeal
...e to persons generally ; providing a civil remedy; ..." (Emphasis supplied) It is clear that the legislature intended the prohibited practices to be applicable to persons generally and not just to collection agencies. The word "person" as defined by § 1.01(3), Florida Statutes, includes all corporations, which, of course, includes Blazer....
CopyCited 14 times | Published | District Court, M.D. Florida | 1984 U.S. Dist. LEXIS 21060
secrets statute is September 1, 1982. Ind. Code Ann. § 1-1-3-3 (Burns 1982 Replacement Vol.) This suit was
CopyCited 14 times | Published | Supreme Court of Florida
...ordinances adopted thereunder "shall in cases of conflict supersede all municipal charters and city ordinances, except in those instances where the charter of Dade County specifically provides otherwise." The Chancellor also found and declared that § 1.01A(18) of the Home Rule Charter, providing the methods by which a municipality may transfer to the Board a municipal service or function, "imposes no limitation or restriction upon the [Board] in the exercise of any of the powers enumerated in Section 1.01 of the Charter." It is this decree that we review on this appeal....
...by the Chancellor in the decree upholding such interpretation, instead of "reconciling" such inconsistencies, has perpetuated them. It is suggested by amicus curiae, the Dade County League of Municipalities, that if full force and effect is given to § 1.01A(18) of the Charter, the apparent inconsistencies are resolved and a workable plan of metropolitan government emerges which, at the same time, preserves to the municipalities in the county the municipal autonomy guaranteed by § 11(1) (g) of the Home Rule Amendment, quoted above....
...out the intent and purpose of the Home Rule Amendment. The particular regulation here brought into question an ordinance establishing uniformity of traffic control and enforcement throughout the metropolitan area is specifically authorized by § 1.01A(1) of the Home Rule Charter and is in accord with the intent and purpose of the constitutional authority granted by the Home Rule Amendment. We have not overlooked the suggestion here made by amicus curiae with respect to the impact of § 1.01A of the Charter on the respective powers of the Board and the municipalities in Dade County; this suggestion is answered by what has been said before in this opinion....
...The decree of the Chancellor here reviewed, holding that the Home Rule Charter and county ordinances adopted thereunder "shall in cases of conflict supersede all municipal charters and city ordinances, except in those instances where the charter of Dade County specifically provides otherwise," and that § 1.01A(18) of the Charter "imposes no limitation or restriction upon the [Board] in the exercise of any of the powers enumerated in Section 1.01 of the Charter", is correct if it be assumed that the Charter power sought to be exercised by the Board is consistent with and does no violence to the provisions of the Home Rule Amendment as discussed and defined herein....
...ade County adopted pursuant thereto "May provide a method by which any and all of the functions or powers of any municipal corporation or other governmental unit in Dade County may be transferred to the Board of County Commissioners of Dade County." Section 1.01A of the Charter designates the Board of County Commissioners as the governing body with specific powers in respect to 24 areas of the central metropolitan government enumerated therein. At no point in the Charter, other than subparagraph 18 of the mentioned Section 1.01A, which has no bearing on this case, is it made necessary that the consent of the municipalities be obtained as a prerequisite to the exercise by the central metropolitan government of the powers thus enumerated....
...oes not contemplate consent of the municipalities. *473 The initial paragraph of the Home Rule Charter is sweeping in its implication that a strong central government in Dade County is desirable. It is the writer's opinion that the 24 subsections of Section 1.01A of the Charter should be liberally construed to the end that the central government may readily exercise the powers therein enumerated, and that it should otherwise be strictly construed against the assumption of additional powers....
...nicipalities with the rights of self determination in their local affairs, do under God adopt this home rule Charter." (Emphasis supplied) I think control of traffic is a problem for the municipalities except possibly traffic on arterial roads under Section 1.01A(1) which provides that the Board of County Commissioners shall have power to regulate traffic on "arterial roads."
CopyCited 13 times | Published | United States Bankruptcy Court, M.D. Florida | 14 Fla. L. Weekly Fed. B 229, 1998 Bankr. LEXIS 1944, 1998 WL 1757108
...ted companies, and that CCG therefore did not have the right to claim the second-tier fifteen (15) percent mark-up which it claimed in these forty-three instances." Plea Agreement, ¶ 3. [7] The term "person" includes a corporation. Florida Statutes § 1.01(3)....
CopyCited 13 times | Published | Florida 1st District Court of Appeal
Stats. § 30.750; SDCL § 36-13-15; Utah Code Ann. § 1-1-12; Wyo. Stat. § 33-12. [3] We think the Moyer
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 3473, 2001 WL 273834
...A "patient" is defined as "a person who consults, or is interviewed by, a psychotherapist for purposes of diagnosis or treatment of a mental or emotional condition ...." §
90.503(1)(b), Fla.Stat. (2000) (emphasis added). Under the general statutory definitions "[t]he word `person' includes individuals [and] children. ..." §
1.01(3), Fla....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal
...ng appeal. From a reading of the revised statute in comparison with its predecessor, it becomes apparent that the legislature intended to broaden the scope of the exemption to "other public bodies of the state and any of its political subdivisions." Section 1.01(10), Fla....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal
...Of course, today a parent's duty of support to the minor child remains unchanged. However, the age of majority has changed. On July 1, 1973, Chapter 73-21, Laws of Florida, went into effect. It lowered the age of majority from twenty-one to eighteen. § 1.01(14), Fla....
CopyCited 13 times | Published | District Court, M.D. Florida | 1981 U.S. Dist. LEXIS 14511
designated. See, e. g., Crime Act of 1790, ch. 9, § 1, 1 Stat. 112 (1790); Act of Jan. 15, 1897, ch. 29
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 996, 1985 Fla. App. LEXIS 13536
...This idea is now generally considered poor planning and zoning and the better practice is to restrict each different use and each different intensity to its own zone although many zoning ordinances still permit "pyramiding" to some extent. See 1 Rathkoff, The Law of Zoning and Planning, § 1.01 (4th Ed....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 228 U.S.P.Q. (BNA) 19
...Rorvik,
478 F. Supp. 361, 366 (E.D.Penn. 1979). "Undertakings" refers to the alleged infringing activities, not to the creation of the underlying work. [8] Mention v. Gessell,
714 F.2d 87, 90 (9th Cir.1983); Bromhall,
478 F. Supp. at 366; see also 1 Nimmer §
1.01[B][3] n....
...are governed exclusively by [title 17]" and the relevant legislative history, see Meltzer,
520 F. Supp. at 854, and, as a result, have been rejected, see Strout Realty, Inc. v. Country 22 Real Estate Corp.,
493 F. Supp. 997, 1000 (W.D.Mo. 1980); 1 Nimmer §
1.01[B][3] n....
CopyCited 12 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 476, 2000 Fla. LEXIS 1231, 2000 WL 766602
...Because the term "sexually violent predator" has an even greater potential to prejudice the defendant and confuse the jury, I cannot agree with the inclusion of this term in the jury instructions. ANSTEAD, J., concurs. APPENDIX INVOLUNTARY CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS §§
394.910-394.930 Fla. Stat.
1.01 PRELIMINARY INSTRUCTION Responsibility of jury and judge....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 2006 WL 2620262
...Section
775.089(1) mandates an award of restitution to victims. Section
775.089(1)(c) defines a "victim" as a " person who suffers property damage or loss, monetary expense, or physical injury or death as a direct or indirect result of the defendant's offense or criminal episode. . . ." (emphasis added). Section
1.01(3), Florida Statutes (2002), defines "person," as follows: The word "person" includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. *597 (emphasis added). The appellant argued below and argues on appeal that, since Escambia County is a political subdivision of the state, rather than a "person" as defined in section
1.01(3), section
775.089 does not authorize a restitution award in favor of the county. We do not agree, reverse the denial of restitution, and remand for further proceedings. In section
1.01(3), the legislature has defined "person" by providing a list of people and entities each of which is deemed a "person." Because "person" "includes" the list of individuals and entities, we conclude that the legislature did not intend this list to be a limiting and exhaustive definition of the term....
...in by lands, fencing, or other improvements of other persons. ..." (emphasis added). The Water Management District argued that it was not a "person" under section
704.01(2), because a body politic is not included within the definition of "person" in section
1.01(3), Florida Statutes (1979)....
...consequently not been waived. Chapter 704 does not define the word "person." Consequently, appellant urges, chapter 1, which contains definitions for construction of all statutes where context permits, is therefore applicable. "Person" is defined in section 1.01(3) to include "individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations." A separate definition exists for "...
...school districts, special roads and bridge districts, bridge districts and all other districts in this state." Thus, for purposes of chapter 704, appellant concludes, a special district is not a "person." We disagree. Under the express provisions of section 1.01, the definitions contained therein apply only where the context permits....
...he crime victim, the state and its local subdivisions, or other aggrieved parties are not precluded from collecting . . . moneys awarded by a restitution order under s.
775.089. ..." §
960.295(2), Fla. Stat. (2002)(emphasis added). Finally, reading section
1.01(3) to exclude a governmental unit from recovering restitution as a victim, under a statute in which the crime victim is referred to as a "person," would lead to absurd results. Several criminal statutes refer to crime victims by use of the term "person." See, e.g., §§ 83
1.01,
831.02,
831.07,
831.09, Fla....
...4th DCA 2001) ("An attorney's expression of his personal opinion as to the credibility of a witness ... is entirely improper."). For this reason, too, the trial court did not err in excluding the Notice and attendant statements. As for whether the government or a subdivision thereof is a "person," § 1.01(3), Fla....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
the 1970 session of the Florida Legislature. Section 1(1), and the material parts of Section 4 and Section
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...w enforcement officers. Section
112.531(2), Florida Statutes (1975). A political subdivision includes counties, cities, towns, villages, special tax districts, special road and bridge districts, bridge districts and all other districts in the state. Section
1.01(9), Florida Statutes (1975)....
CopyCited 11 times | Published | Supreme Court of Florida | 1993 WL 113509
..."any person not licensed or otherwise authorized by the Supreme Court of Florida who shall practice law ... shall be guilty of a misdemeanor of the first degree." Pursuant to Florida Statutes, Volume 1, Title I, Construction of Statutes, Chapter 1, Section 1.01, Definitions, (3) [t]he word "person" includes individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations....
CopyCited 10 times | Published | District Court, S.D. Florida | 1992 U.S. Dist. LEXIS 13501, 60 Empl. Prac. Dec. (CCH) 41, 935, 59 Fair Empl. Prac. Cas. (BNA) 1191, 1992 WL 196826
...The Dade County Charter authorizes the Board of County Commissioners to pass ordinances and resolutions, including rules and regulations concerning County employment. (The County's Statement of Undisputed Facts, at ¶ 2, D.E. # 75, Exhibit 1, Metropolitan Dade County Charter § 1.01.A.) [4] The County Manager oversees the administration of operations, and appoints a Personnel Director who administers "the personnel and civil service programs and the rules governing them." (The County's Statement of Undisputed Facts, at ¶ 3, 4, D.E....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2005 WL 3536123
...against the person or party who committed the violation." In construing the Florida Statutes, a "person" includes "individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations." § 1.01, Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1018
his person or property. Fla.Jur.2d, Taxation, section 1:1. The particular category of taxes at issue here
CopyCited 10 times | Published | Florida 3rd District Court of Appeal
...n of the parties, attained the age of 18 years on September 29, 1973, and it was further found that they were each attending college and that neither of them was physically or mentally disabled. The 1973 Legislature enacted Chapter 73-21, amending F.S. 1.01, F.S.A. That statute, Ch. 73.21, reads: "Be it Enacted by the Legislature of the State of Florida: "Section 1. Subsection (14) of section 1.01, Florida Statutes, is created to read: 1.01 Definitions In-construing these statutes and each and every word, phrase or part hereof, where the context will permit: (14) The word `minor' includes any person who has not attained the age of 18 years....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...requires the use of registered mail (if mail is used) for serving a claim of lien, the legislature of the State of Florida in 1957 expressly provided that "In construing these statutes * * * [t]he words `registered mail' shall include certified mail with return receipt requested." § 1.01(13), Fla....
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 4792547, 2013 U.S. App. LEXIS 18741
B. Rubenstein, et al., Newberg on Class Actions § 1:1 (“Class actions are a form of representative litigation
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...." Grappin, it would seem, is unduly confident about what legislation means by choosing "a" or "any." Quite aside from the fact that the legislature's first declaration in Florida Statutes is that "[the] singular includes the plural and vice versa," § 1.01(1), Fla....
CopyCited 9 times | Published | Supreme Court of Florida
...ions of said chapter until age 21, the provisions of this section to the contrary notwithstanding. (3) This section shall operate prospectively and not retrospectively, and shall not affect the rights and obligations existing prior to July 1, 1973." Section 1.01(14), Florida Statutes (Ch....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 4983, 1997 WL 235124
...s.
121.021(20)(b)." In turn, section
121.021(20)(b) defines "military service" as "actual `wartime service.'" (20) "Military service" of any member means: . . . . . (b) Actual "wartime service" in the Armed Forces of the United States, as defined by s.
1.01(14), or "wartime service" in the Allied Forces, not to exceed 4 years, if credit for such service has not been granted under any other federal or state system, and provided such service is not used in any other retirement system. Section
1.01(14), Florida Statutes (1995), defines "veteran" and delineates time periods during which a veteran must have served in order to be eligible for state retirement benefits as a "wartime veteran." Without in terms defining "wartime service," section
1.01(14) provides: To receive benefits as a wartime veteran, a veteran must have served during one of the following periods of wartime service: .... (e) Korean Conflict: June 27, 1950, to January 31, 1955. A "veteran" includes a person who served in the "active military, naval, or air service" and received an honorable discharge. §
1.01(14), Fla....
CopyCited 9 times | Published | Supreme Court of Florida
by the Legislature of the State of Florida: Section 1. (1) In accordance with s. 8(a), Art. X of the State
CopyCited 9 times | Published | Florida 5th District Court of Appeal
City's Chief Building Official. [2] Article 14, section 1.1.1 of the City's Zoning Ordinance provides what
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
In Trawick's Florida Practice and Procedure, Section 1-1, (1979) that writer states: [T]he term "action"
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit | 2002 U.S. App. LEXIS 2908, 2002 WL 340687
reasonable and medically necessary.” (BCBS Policy, § 1.1). The policy also contains a merger clause that
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1539065
...d within its boundaries. Art. V., Div. 1, § 9-81, Highlands County Code. The District was created by Highlands County Ordinance 74-4. See §
125.01(1)(q), Fla. Stat. (1973) (granting counties authority to create such special districts). Pursuant to section
1.01(9), Florida Statutes (1973), the District is defined by statute as a political subdivision of the State of Florida. See also §
1.01(8), Fla....
...of entities created by general or special law and composed entirely of governmental agencies ... which is used for governmental, municipal, or public purposes shall be exempt from ad valorem taxation, except as otherwise provided by law. Pursuant to section
1.01(8), Florida Statutes (1995), the term "political subdivision" is defined to include "special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state." Section
196.199(1)(c) could t...
CopyCited 9 times | Published | Supreme Court of Florida
...all functions of said office or offices as are now or may hereafter be prescribed by general law." Pursuant to the constitutional amendment, a "Home Rule Charter" was adopted. This charter provided in part as follows: "Board of County Commissioners "Section 1.01....
...nctions were transferred to a new office. Appellants contend that the whole office of Sheriff is a "patchwork". It appears that the action which has been taken, and which was challenged below, has merely resulted in another patch. Turning to examine Section 1.01 A....
CopyCited 7 times | Published | United States Bankruptcy Court, S.D. Florida. | 1981 Bankr. LEXIS 2916
...were a case under chapter 7 of this title (B) the transfer had not been made; and (C) such creditor received payment of such debt to the extent provided by the provisions of this title." The term "transfer" includes the grant of a security interest. § 1.01(40)....
CopyCited 7 times | Published | Supreme Court of Florida
...3d DCA 2015), quashed on other grounds,
215 So. 3d 1219 (Fla. 2017)
(interpreting “includes” in section
39.01(47), Florida Statutes (2015), expansively);
Childers v. State,
936 So. 2d 585, 597 (Fla. 1st DCA 2006) (interpreting “includes”
in section
1.01(3), Florida Statutes (2002), expansively); Miami Country Day Sch.
v....
CopyCited 7 times | Published | Supreme Court of Florida | 2004 Fla. LEXIS 2529
seventeen-year-old is still considered a minor. See §
1.01(13), Fla. Stat. (2003) (defining “minor” for purposes
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...(2) Whoever commits battery shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082, §
775.083, or §
775.084. Appellant contends that the victim of a battery must be a "person" and that an unborn fetus is not a person within the battery statute. The word "person" is defined in Section
1.01, Florida Statutes (1981), and nowhere are the unborn included despite the fact that "children" are mentioned.
1.01 Definitions In construing these statutes and each and every word, phrase, or part hereof, where the context will permit: (1) The singular includes the plural and vice versa....
CopyCited 7 times | Published | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 43357, 2007 WL 1649659
...Moreover, the Miami-Dade County Home Rule Charter provides that the Board of County Commissioners is the "legislative and the governing body of the county," and has the power to "[p]rovide *1223 . . . jails, and related facilities." Miami-Dade County Home Rule Charter, Art. 1, § 1.01.A.4 (as amended through Mar. 9, 2004). The Board of County Commissioners has the power to "[s]et reasonable minimum standards for all governmental units in the county for the performance of any service or function." Miami-Dade County Home Rule Charter, Art. 1, § 1.01.A.18 (as amended through Mar. 9, 2004). The Board also may "[a]dopt such ordinances and resolutions as may be required in the exercise of its powers, and prescribe fines and penalties for the violation of ordinances." Miami-Dade County Home Rule Charter, Art. 1, § 1.01.A.22 (as amended through Mar....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2006 WL 536609
...ired into.'") (quoting Van Eaton v. State,
205 So.2d 298, 300 (Fla.1967)). [4] As was said in Williams,
793 So.2d at 1107: If such premature deliberations occurred, the jurors violated the trial court's instructions. See Fla. Std. Jury Instr. (Crim) §
1.01, at 4 (Pretrial Instructions) ("You should not form any definite or fixed opinion on the merits of the case until you have heard all the evidence, the argument of the lawyers and the instructions on the law by the judge....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2006 WL 1896383
control (as owner, lessee, or otherwise). 14 C.F.R. § 1.1 (1997). Although Hughes did not fly the aircraft
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 566, 2009 WL 187584
Larry E. Edmonson, Domke on Commercial Arbitration, § 1:1, at 1-1, 1-2 (2007) [ (hereinafter Domke) ]. It
CopyCited 7 times | Published | District Court, S.D. Florida | 1997 U.S. Dist. LEXIS 12881, 1997 WL 535190
...paid . . . directly to the holders of Senior Indebtedness . . . to the extent necessary to pay all Senior Indebtedness in full . . . before any payment or distribution is made to the holders of the Debentures or to the Trustee under this Indenture. Section 1.01 of the 1972 Indenture defines "Senior Indebtedness" in relevant part as follows: The term "Senior Indebtedness" shall mean (a) all indebtedness for money borrowed incurred by the company whether outstanding on the date of execution of th...
...to be not superior in right of payment to the Debentures, and (b) any deferrals, renewals or extensions of any such Senior Indebtedness, or debentures, notes or other evidence of indebtedness issued in exchange for such Senior Indebtedness. Section 11.01 of both the 1984 Indenture and the 1985 Indenture, entitled "Agreement to Subordinate," provides in relevant part: The Company ....
...ebtedness of the Company is paid in full, such payment or distribution shall be held in trust for the benefit of and shall be paid over to the holders of such Senior Indebtedness . . . until all such Senior Indebtedness shall have been paid in full. Section 1.01 of both the 1984 Indenture and the 1985 Indenture define "Senior Indebtedness of the Company" to mean: (a) any indebtedness of the Company for money borrowed, whether outstanding on the date of execution of this Indenture or thereafter created, assumed, or incurred, other than the Notes....
...rt as: (a) any indebtedness of the Company for money borrowed, whether outstanding on the date of execution of this Indenture or thereafter created, assumed or incurred. . . . NOTES [1] The subordination agreements are contained in Sections 4.03 and 1.01 of the 1972 Indenture, Sections 11.01 and 1.01 of the 1984 Indenture and the 1985 Indenture, and Sections 1301 and 101 of the 1987 Indenture and the 1989 Indenture....
CopyCited 7 times | Published | District Court, S.D. Florida | 1984 A.M.C. 1897, 1983 U.S. Dist. LEXIS 14533
1050 (1939)). [22] 16 U.S.C. § 1. [23] 36 C.F.R. § 1.1(a). [24] 36 C.F.R. § 2.20(a)(1). [25] 16 U.S.C
CopyCited 7 times | Published | District Court, M.D. Florida | 2014 WL 3809130, 2014 U.S. Dist. LEXIS 105460
...rson (a ‘principal’) manifests assent to another person (an ‘agent’) that the agent shall act on the principal’s behalf and subject to the principal’s control.’ ” Id. at 6586 (quoting Restatement (Third) of Agency (“Restatement”) § 1.01)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 13481, 2016 WL 4697958
...as
provided in s.
775.083.
The terms “person” and “other entity” are not defined anywhere in chapter 400 to
4
include the state or its agencies, and the general definition of “person” in section
1.01(3) does not include the state or its agencies....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
Metromedia when this case was heard and decided. [5] Section 1.1 provides: Statement of Purpose: The code creates
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit
other so to act.” Restatement (Second) of Agency § 1(1) (1958). The affidavits submitted in support of
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...ge student at an undergraduate school working towards a Bachelor's Degree." The parties have two children, and at the time of entry of the Final Judgment, the children were 17 and 18 years old. Now both are over 18 years old. Appellant contends that Section 1.01(14), Florida Statutes, lowers the age of majority to 18 years and that he cannot be required to support children over 18 years old. Appellee points out that while Section 1.01(14), F.S., does lower the disability of non-age from 21 years to 18 years, the second sentence of Section 2 [1] allows the Court to require support beyond 18 years....
CopyCited 6 times | Published | District Court, S.D. Florida | 1994 U.S. Dist. LEXIS 19911, 1994 WL 719159
...ty requirements for positions in the Canine Unit. The Dade County Charter authorizes the Board of County Commissioners to pass ordinances and resolutions, including rules and regulations concerning county employment. Metropolitan Dade County Charter § 1.01.A., § 4.05....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...istrict was immune from tax liability and hence entitled to a refund of the 1976 taxes paid under protest. [2] Accordingly, the judgment of the trial court is affirmed. DOWNEY and HERSEY, JJ., concur. NOTES [1] See Op.Atty.Gen. 076-87, April 8, 1976 § 1.01(9), Fla....
CopyCited 6 times | Published | Supreme Court of Florida | 1990 WL 4171
veto in his Veto Message: Proviso language in Section 1.1.2.D.2), [sic] paragraph 3, on pages 293 and 294
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1994 Fla. App. LEXIS 8248, 1994 WL 444886
...[4] See text accompanying n. 12 infra. [5] Dickinson v. City of Tallahassee,
325 So.2d 1, 3 (Fla. 1975). [6] See also the definition of "political subdivision" contained in the Florida Statutes, which also does not control the question of immunity. See §
1.01(8), Fla....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 47 Fed. R. Serv. 3d 520, 24 Employee Benefits Cas. (BNA) 2473, 86 A.F.T.R.2d (RIA) 5601, 2000 U.S. App. LEXIS 19180, 2000 WL 1140673
Northern for at least five years. Pursuant to section 1.1 of the Plan, Lyons’ accrued pension benefit was
CopyCited 5 times | Published | United States Bankruptcy Court, S.D. Florida. | 22 Fla. L. Weekly Fed. B 189, 2009 Bankr. LEXIS 4265
..."Material Litigation" is defined to mean any litigation that could reasonably be expected to result in liability for the Reorganized Debtors and its subsidiaries in excess of $100,000 individually or $500,000 in the aggregate. Plan Supplement, Exhibit J, Section 1.01, at 19....
CopyCited 5 times | Published | District Court, M.D. Florida | 103 L.R.R.M. (BNA) 2695, 1979 U.S. Dist. LEXIS 8274
...Following Board certification the Union and RCA entered into several collective bargaining agreements. The most recent agreement between RCA and the Union concerning the technical and plant clerical employees became effective September 1, 1978. The recognition clause of the September 1, 1978 agreement, which is set forth as Section 1.01, defines the scope of the bargaining *423 unit....
...of protection. [3] Fla.Stat. §
447.14 provides: Any person or labor organization who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083. [4] Section
1.01 of the collective bargaining contract reads as follows: Section
1.01....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 569
...of *1284 other states on the subject. In Smith v. State, 118 N.H. 764, 394 A.2d 834 (1978), the New Hampshire Supreme Court ruled as did the present trial judge, Justice Grimes speaking for the court: We hold that RSA 604-A:5 and Laws 1975 ch. 505, § 1.01(04), (05) are unconstitutional insofar as they shift much of the State's obligation to the legal profession and intrude impermissibly upon an exclusive judicial function....
CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 1995 U.S. App. LEXIS 14638
advantage of being sure and uniform. Ala.Code, 1975, § 1-1-10 eliminated the word “Negro” from its definitions
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...e is hereby affirmed. Affirmed. APPENDIX "ARTICLE XXXVI. ZONING PROCEDURE "Sec. 33-302. Definitions. "In construing the provisions hereof and each and every word, term, phrase or part thereof where the context will permit the definitions provided in Section 1.01, Florida Statutes, and Chapter 33 of the Code of Metropolitan Dade County, Florida, and the following additional definitions, shall apply: * * * * * * "(k) Record....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1992 WL 175086
...However, Baby Sorrel was not an unborn fetus whose only protections were those provided by said statutory sections; rather, Baby Sorrel was a human being who died as a result of appellant's act. Accordingly, appellant's conviction and sentence are affirmed. POLEN, J., and FEDER, RICHARD Y., Associate Judge, concur. NOTES [1] Section 1.01(3), Florida Statutes (1989), defines "person" to include "individuals, children, firms, associations, joint adventure, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combina...
CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 22016
(Recompiled, 1958), as retained by Code Ala., § 1-1-10 (1975), which provides, inter alia,
CopyCited 5 times | Published | District Court, S.D. Florida | 56 A.F.T.R.2d (RIA) 6412, 1985 U.S. Dist. LEXIS 22400
including sources without the United States. See § 1.1-1(b). Nonresident alien individuals are taxable
CopyCited 5 times | Published | Supreme Court of Florida
by the Legislature of the State of Florida: "Section 1. (1) No state officer or employee shall directly
CopyCited 5 times | Published | Supreme Court of Florida
...5: "* * * Unless usury laws are by their terms limited in their application to particular classes of persons, they will be given application equally to all persons, natural or artificial, engaging in transactions within their import, * * *." Moreover, our Statute, Section 1.01, F.S....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
tracks in Florida is in jeopardy." [Ch. 75-43, § 1(1), (4), Fla.Laws 1975]. The question, then, is whether
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...Section
120.62(2), Florida Statutes, provides: (2) Any person compelled to appear, or who appears voluntarily, before any hearing officer or agency in an investigation or in any agency proceeding has the right, at his own expense, to be accompanied, represented, and advised by counsel or by other qualified representatives. Section
1.01(3), the "Definitions" applicable in construing the Florida Statutes, [3] provides: (3) The word "person" includes individuals, children, firms, associations, joint adventurers, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations....
...ded in subsection (b). Neither of these rules has been complied with in this proceeding. [2] Bennett also represents to the court that he and his wife, Marian Clae Bennett, are the sole owners of 100% of the capital stock of the corporation. [3] The Section 1.01(3) definition of "person" applies to the Administrative Procedure Act....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...Rule History 1975 Revision: These rules shall govern the procedures to be followed in all matters pending on or commenced after January 1, 1976, including procedures for the enforcement of substantive rights that have vested before that date. See section 731.011, Florida Statutes....
...Powers of guardian upon court approval. §
744.447, Fla. Stat. Petition for authorization to act. §
744.477, Fla. Stat. Proceedings for removal. Ch. 48, Fla. Stat. Process and service of process. Ch. 49, Fla. Stat. Constructive service of process. §
1.01(3), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2003 WL 1914087
...Appellee entered a final order adopting its position, and Appellant instituted this appeal. Analysis The APA defines "party" to include "[s]pecifically named persons whose substantial interests are being determined in the proceeding." §
120.52(12), Fla. Stat. Appellant fits within the broad statutory definition of "person." §
1.01(3), Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 2008 WL 4241076
...ts in the Brannonville redevelopment area. Absent Cedar Grove's approval of supplemental ordinances, the tax increment revenues deposited into the trust funds are the only source of revenues pledged to repay the bonds. See Resolution 07-007, art. I, § 1.01; Resolution 07-011, art. I, § 1.01....
...er shall so provide by Supplemental Ordinance, (i) any Assessments that may be levied, or (ii) other legally available revenues of the Issuer if consented to by the Holders of the Bonds or the Bond Insurer on their behalf. Resolution 07-007, art. I, § 1.01; Resolution 07-011, art. I, § 1.01....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
..."1. The Dade County Fire Department was created in 1939 pursuant to the provisions of a state statute, Chapter 19759, Special Acts of 1939, which specifically authorized its creation by the Board of County Commissioners of Dade County. In addition, Section 1.01(A) (4) of the Dade County Home Rule Charter empowers the Board of County Commissioners of Dade County to `provide central records, training, and communications for fire * * * protection; * * * provide fire stations, jails and related facilities; and subject to Section 1.01(A) (18) provide a uniform system of fire and police protection.' The last section referred to, Section 1.01(A) (18), grants the Board of County Commissioners of Dade County the power to `set reasonable minimum standards for all governmental units in the county for the performance of any service or function'; this provision appears to be an aut...
...developed urban areas where excellent municipal fire departments are functioning. Nevertheless, the County Fire Department is given authority to provide fire protection services throughout the County by virtue of the aforementioned 1939 statute and Section 1.01(A) (4) of the Metropolitan Charter....
...That this Court, by appropriate Order, will decree and enforce the rights of these Plaintiffs and all others similarly situated, under and by virtue of the Constitutions of the State of Florida and the United States of America, and under the Metropolitan Home Rule Charter, and particularly, Section 1.01, subsection 11 thereof....
CopyCited 4 times | Published | District Court, S.D. Florida | 1979 U.S. Dist. LEXIS 13698
therefore a felony rather than a misdemeanor. 18 U.S.C. § 1(1). Soetarto's two offenses in the Netherlands involved
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1989 WL 72736
(quotations are from ABA Standards For Criminal Justice, § 1-1.1, 2.2 (2d Ed. 1980). Further, from the same text:
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...COWART, J., dissents with opinion. COWART, Judge, dissenting: I must dissent. I do not find "the child in this case to be dependent." This young adult is able-bodied and employable as a matter of fact and independent as a matter of law. Since the amendment of section 1.01(14), Florida Statutes, in 1973, the obligation of parents in Florida to support children over 18 years of age is the same as the obligation of parents prior to 1973 to support children over 21 years of age....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2004 WL 1263693
So.2d 642, 644 (Fla. 4th DCA 1981); see also section 1.1. Florida Standard Jury Instructions in Civil
CopyCited 4 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 22, 2001 Fla. LEXIS 43, 2001 WL 40395
...cipalities shall have full authority to issue bonds. See §§
166.021,
166.111(1),
166.141, Fla. Stat. (1999); see also Washington Shores,
602 So.2d at 1302 n. 2. Fourth, the Charter similarly vests the City with broad authority. See Charter art. I, §
1.01, art....
...the Legislature. Courts construed these special acts as authorizing the financing of projects for broad municipal purposes. See State v. City of Miami,
76 So.2d 294 (Fla.1954); State v. City of Pompano Beach,
47 So.2d 515 (Fla.1950). [3] Article I, section
1.01(a), of the Charter provides that the City "may exercise any power for municipal purposes except when expressly prohibited by law. In addition to the powers enumerated herein, the city shall be vested with all powers granted by general or special acts of the Legislature of the State of Florida and otherwise provided by law." Charter art. I, §
1.01(a)....
...Further, subsection (c) provides that "[t]he powers of the city under this charter shall be construed liberally in favor of the city. The city is empowered to do whatever is necessary and proper for the safety, health, convenience and general welfare of its inhabitants." Id. art. I, § 1.01(c).
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...consequently not been waived. Chapter 704 does not define the word "person." Consequently, appellant urges, chapter 1, which contains definitions for construction of all statutes where context permits, is therefore applicable. "Person" is defined in section 1.01(3) to include "individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations." A separate definition exists for "...
...school districts, special roads and bridge districts, bridge districts and all other districts in this state." Thus, for purposes of chapter 704, appellant concludes, a special district is not a "person." We disagree. Under the express provisions of section 1.01, the definitions contained therein apply only where the context permits....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 12389, 2010 WL 3324434
...777.011, Fla. Stat." The phrase, "said defendant," likewise applies to both defendants since, under Florida law, the singular form of a phrase includes the plural form. In this case, the phrase, "said defendant," includes the phrase, "said defendants." § 1.01, Fla....
CopyCited 4 times | Published | District Court, S.D. Florida | 1998 WL 656064
...915, 926,
99 L.Ed.2d 107 (1988) (quoting Adickes v. S.H. Kress & Co.,
398 U.S. 144, 167-68,
90 S.Ct. 1598,
26 L.Ed.2d 142 (1970)). It is undisputed that the County's Board of County Commissioners ("the Board") serves as the legislative and governing body of the County. See Dade County Charter §
1.01A; County's Motion for Summary Judgment, Exh....
...te's discretionary decisions are not constrained by official policies and are not subject to review."). Specifically, the Board of County Commissioners ("the Board") serves as the legislative and governing body of the County. See Dade County Charter § 1.01 A; County's Motion for Summary Judgment, Exh....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 1996 WL 132006
prerogatives of the Department of Justice. USAM § 1-1.000 (emphasis added). San Pedro relies on the USAM
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1988 WL 31726
and Seizure, A Treatise on the Fourth Amendment § 1.1(f) (2d ed. 1987), citing Elkins v. United States
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2811591
...al. See §§ 744.701-.715, Fla. Stat. (2006). [3] The reference to "person" in this context includes individuals or corporate entities that typically represent wards when no qualified family members are available or willing to serve as guardian. See § 1.01(3), Fla....
CopyCited 3 times | Published | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 98469, 2007 WL 5559325
...[11] See International Civil Aviation Organization Doc. 8301-LC/149-1, Minutes of the International Conference on Private Air Law, Guadalajara, Aug.-Sept. 1961, at 39-48, 186-89, 199-200, 262-64; Doc. 8301-LC/149-2, Documents, at 19, 46, 48; Restatement (Third) of Agency § 1.01 cmt....
CopyCited 3 times | Published | District Court, S.D. Florida
by the Legislature of the State of Florida: Section 1. (1) The representation of the people of the state
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1979 Fla. App. LEXIS 14999
...aster plan. The enactment of a master plan for development is recognized as a proper exercise of the police power. See Dade County v. Yumbo, S.A.,
348 So.2d 392 (Fla. 3d DCA 1977); and Home Rule Charter for Metropolitan Dade County, Florida, Art. I, §
1.01(A)(5)....
CopyCited 3 times | Published | District Court, M.D. Florida | 2010 WL 1254526
...Thus, the court in LeBlanc consistent with the court in Servis appropriately focused on direct operational control and consent by the United States, not by its agent, Connecticut. See id. at 714-15. In the instant case, Plaintiff has tried to establish that Roberts acted as an agent of MTL. See Restatement (Third) Agency § 1.01 ("Agency is the fiduciary relationship that arises when one person (a `principal') manifests assent to another person (an `agent') that the agent shall act on the principal's behalf and subject to the principal's control, and the agent manifests assent or otherwise consents so to act.")....
CopyCited 3 times | Published | Supreme Court of Florida | 1954 Fla. LEXIS 1319
...onds to be issued by the Commission that if for any reason the monies deposited in the System Construction Trust Fund shall be insufficient to complete and place in operation the bridges of said System described in (a), (b), (c), (d), (e) and (f) of Section 1.01 hereof, the Department will, from sources other than said Broward County gasoline tax funds, complete the construction of said bridges of said System described in (a), (b), (c), (d), (e) and (f) of Section 1.01 hereof, so that said bridges will be completed and placed in operation at the earliest possible date." The basic question presented upon this appeal is whether the covenants by the State Road Department quoted above, or either of them, r...
CopyCited 3 times | Published | District Court, S.D. Florida | 2003 U.S. Dist. LEXIS 10257
Traffic Control Manual (ATCM), FAA Order 7110.65, § 1-1-1 states: "Controllers are required to be familiar
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2016 WL 3648473
completed 15 years as an NSD.8 Family Program art. I, § 1.1, art. IV, § 4.1. The election of an NSD to participate
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1977 Fla. App. LEXIS 16413
...ide for the payment of a franchise fee to Dade County. The ordinance was passed by a more than two-thirds vote of the members of the Board of County Commissioners and approved by a majority of the qualified electors of Dade County in accordance with Section 1.01(A)(14)(a) of the Dade County *1177 Home Rule Charter. Section 1.01 delineates the powers of the Board of County Commissioners, and Subsection 14 in particular deals with the power to grant franchises: "SECTION 1.01....
...The trial judge ultimately dismissed Hialeah Gardens' complaint against both the County and FP&L. The court held that the Metro charter authorized the County to grant county-wide franchises, subject to the conditions for approval mandated by Charter Section 1.01(A)(14)(a), which conditions had been performed....
...Metropolitan Dade County,
317 So.2d 110 (Fla. 3d DCA 1975). We therefore hold that Dade County Ordinance No. 60-16 preempts the right of the City of Hialeah Gardens to enter into its own franchise agreement with FP&L. We find no merit to the contention that Charter Section
1.01(A)(18) governs the procedure for the granting of franchises within the boundaries of individual Dade County municipalities....
...embers, or by referendum. " (Emphasis added.) From the wording of this section, it is clear that it is meant to apply only to situations where the County in some manner is going to supplant the provision of an existent municipal service. Considering Section 1.01(A)(18) in pari materia with Section 1.01(A)(14), supra, we find that the latter section is applicable to county-wide franchise grants, whereas the former applies whenever the County wishes or is requested to "take over" a service which is otherwise being provided within a particular municipality. If we were to interpret Section 1.01(A)(18) as being the governing provision in this instance, the County would only be able to grant a county-wide franchise after receiving the necessary approval from each of Dade's municipalities individually....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...area, and the unavailability of former hotel and motel units to the transient public seeking lodging. "There is no doubt that zoning regulations are valid legislative functions of the Board of County Commissioners of Dade County, Florida (see Art.I, § 1.01(a)(12), Charter of Metropolitan Dade County, Florida)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...Board of Trustees of Internal Improvement Trust Fund,
427 So.2d 153, 158 (Fla. 1982), quoting with approval Key Haven,
400 So.2d 66, 69 (Fla. 1st DCA 1981). NOTES [1] Falls Chase Special Taxing District, created by Leon County Ordinance No. 75-6, enacted February, 1975, as a public body pursuant to Section
1.01(9), Florida Statutes....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...clusively in its role as the municipal government of the unincorporated areas of the County. The County relies on a number of legislative enactments to support its contention. These include Fla. Const. Art. VIII, § 6(f), F.S.A., as well as sections 1.01(A)(21), 1.01(B), and 1.01(D) of the Charter....
...VIII, § 6(f) states: " Dade county; powers conferred upon municipalities. To the extent not inconsistent with the powers of existing municipalities or general law, the Metropolitan Government of Dade County may exercise all the powers conferred now or hereafter by general law upon municipalities." Section 1.01(A)(21) of the Charter gives the Board of County Commissioners the power to: "Exercise all powers and privileges granted to municipalities, counties, and county officers by the Constitution and laws of the state, and all powers not prohibited by the Constitution or by this Charter." Section 1.01(B) of the Charter states: "No enumeration of powers in this Charter shall be deemed exclusive or restrictive and the foregoing powers shall be deemed to include all implied powers necessary and proper to carrying out such powers. All of these powers may be exercised in the incorporated and unincorporated areas, subject to the procedures herein provided in certain cases relating to municipalities. " (Emphasis supplied) Section 1.01(D) of the Charter states: "The Board shall be entitled to levy in the unincorporated areas all taxes authorized to be levied by municipalities and to receive from the state any revenues collected in the unincorporated areas on the same b...
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
presence of greater than 60% of the Managers.” § 1.1, Operating Agreement. - Any Member may
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2017 WL 766915, 2017 U.S. App. LEXIS 3598
...uently ratified his
actions and, therefore, agreed to be bound by them as if they were done with actual
authority. While “[o]nly interactions that are within the scope of an agency
relationship affect the principal’s legal position,” id. at § 1.01 cmt....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1999 WL 1241948
...or purposes of imposing liability pursuant to section
741.24. [3] Appellant argues that the plain meaning of section
741.24 as applied to these facts must necessarily hold both parents liable, because the word "parents" is plural. This is incorrect. Section
1.01(1), Florida Statutes (1993) provides that "[i]n construing these statutes and each and every word, phrase, or part hereof, where the context will permit ......
CopyCited 3 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 17197, 2004 WL 1924812
...r § 1983.") (quoting Monell v. Department of Soc. Servs.,
436 U.S. 658, 694,
98 S.Ct. 2018,
56 L.Ed.2d 611 (1978)). This is because the Board of County Commissioners is the lawmaking *1334 and policymaking body of Miami-Dade County. See County Code §
1.01(A) ("The Board of County Commissioners shall be the legislative and the governing body of the County and shall have the power to carry on a central metropolitan government.")....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2000 WL 1180231
...Pursuant to constitutional authority, Jacksonville's charter provides as follows: The consolidated government shall have perpetual existence and shall have only such officers, departments, and other agencies as are provided in this charter or as may be established by the council. § 1.01(a), Charter of the City of Jacksonville....
CopyCited 3 times | Published | United States Bankruptcy Court, S.D. Florida. | 1985 Bankr. LEXIS 6378
Dr. Steven Holberg, the person designated in Section 1.1(h) of the Lease as the recipient of notices thereunder
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 25 Envtl. L. Rep. (Envtl. Law Inst.) 21097, 1995 U.S. App. LEXIS 9442, 1995 WL 152540
. do not constitute part of the law _” Aa.Code § 1—1—14(b) (1975). Instead, we must look to the underlying
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2017 WL 1403607, 2017 Fla. App. LEXIS 5368
...The word “person” includes “individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations,” but does not include machines. § 1.01(3), Fla....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
enacted by the General Assembly of Georgia." O.C.G.A. § 1-1-1. As the Code itself explains, the statutory text
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...In order to arrive at the legislative intent manifest in the two separate acts comprising the charter of the City of Jacksonville, the relevant provisions of each act must be examined. The original act designated as Chapter 67-1320 contains the following pertinent provisions, to wit: "ARTICLE 1 "ONE GOVERNMENT "Section 1.01....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
does not define what constitutes a “person.” Section
1.01(3), Florida Statutes, which establishes how
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1997 WL 269187
...vision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. (Emphasis added). Section 1.01, Florida Statutes (1995), defines "political subdivision" as follows: The words "public body," "body politic," or " political subdivision " include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state....
...We recognize that penal statutes are to be strictly construed in favor of the person against whom the penalty could be imposed. Amaker v. State,
492 So.2d 419 (Fla. 1st DCA), review denied,
497 So.2d 1218 (Fla. 1986). In this case however, a careful reading *715 of the applicable statutes, specifically section
1.01, leads us to conclude that a school district is a "political subdivision" within this state....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 1914261
...officer. It troubles me, however, that we would authorize a major extension of the period in which to commence a criminal proceeding based on such a provision. School teachers do not hold any "office" defined in the constitution or the statutes. See § 1.01(6), Fla....
...tions against educators. Section 2901.13(C), Ohio Revised Code, states: If the period of limitations . . . of this section has expired, prosecution shall be commenced for an offense involving misconduct in office by a public servant as defined in 2921.01 of the Ohio Revised Code, at any time while the accused remains a public servant or within two years thereafter....
...f public servant should not be read separately from the code section in which it appears. The Ohio statute specifically extended the statute of limitations for an "offense involving misconduct in office by a public servant as defined in (section) 2921.01 of the Ohio Revised Code." See Heebsh, 85 Ohio App.3d at 554, 620 N.E.2d 859 (emphasis added)....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 1982 Bankr. LEXIS 4130
...This conclusion is based on the following: Section
1.02 of the Plan, page 3-A, sets forth the classes of members under it. According to §
1.02(a), "active members" are those who are "in service" and who have not reached [their] Normal Retirement Date." "Service" is defined in §
1.02(a), page 3, and in §
1.01(A)(a), page 3-2, as "employment as an employee" with Eli Witt....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
owner, lessee, or otherwise)." 14 C.F.R. § 1.1 . Thus, as defined, the term "operates an aircraft"
CopyCited 2 times | Published | Supreme Court of Florida | 1949 Fla. LEXIS 1297
* * and collect taxes," Sp.Acts 1931, c. 15425, § 1(1), while the controlling law on this point is embraced
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...It also opens the door to voir dire questions seeking commitments from jurors based on the outlined testimony, thereby ascertaining the juror's verdict in advance of his hearing the actual testimony. See Dicks v. State,
83 Fla. 717,
93 So. 137 (1922). Nor can we reconcile the instant procedure with the provisions of section
1.01 of the Florida Standard Jury Instructions in Criminal Cases, which obviously contemplates that opening statements will follow selection and swearing of the jury....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1266
...Finally, we would add that the date of the commencement of the URESA proceeding in the initiating state will determine whether, for purposes of the application of our holding, the child has reached majority. [5] AFFIRMED. ZEHMER and BARFIELD, JJ., concur. NOTES [1] See Sections 88.011-88.371, Florida Statutes (1983). [2] See Section 1.01(14), Florida Statutes (1983) (defining "minor" as any person who has not attained the age of 18 years)....
CopyCited 2 times | Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 61739, 2010 WL 2557684
...Haynes utterly fails to present evidence of the defendant's control over the Neighborhood Association's pool tournaments and bingo nights. The record lacks evidence that either the Neighborhood Association or the defendant "manifested assent" to an agency relationship. Restatement (Third) of Agency § 1.01 (2006)....
...wise controlled any event of the Neighborhood Association. The mere fact that the organized events benefit the defendant's rental property fails to create an agency; mutual benefit alone remains insufficient. See, e.g., Restatement (Third) of Agency § 1.01 cmt....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 172 L.R.R.M. (BNA) 2609, 2003 U.S. App. LEXIS 10939, 2003 WL 21254896
differences” between employer and employee. R2-39, Ex.1 at § 1.1. An employee with a grievance must first approach
CopyCited 2 times | Published | District Court, M.D. Florida
...of the opinion do not include those located in the locker room or shower facilities. See Fla. Const. art. IX, § 4 (establishing governance of Florida's public education system in each county by elected members of district school boards); Fla. Stat. 1.01(8) (defining political subdivision to include "all other districts in this state"); Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...[3] Rule 7.6, Florida Board of Regents' Operating Manual (now Rule 6c-7.05, Florida Administrative Code), was amended, on June 5, 1973, reducing the age of majority to 18 years to comply with the provisions of Chapter 73-21, Laws of Florida, which became effective, as did Section 1.01(14), Florida Statutes, on July 1, 1973.
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2006 WL 1896381
control (as owner, lessee, or otherwise). 14 C.F.R. § 1.1 (1997). Although Cloyd did not fly the aircraft
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 115
...Section
733.212, Florida Statutes (1983), requires the personal representative to publish a notice of administration which, among other things, requires all interested persons to file with the court, within three months of the first publication of the notice, all claims against the estate. Section
1.01(3), Florida Statutes (1983) defines "persons" as including corporations....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1994 Fla. App. LEXIS 38, 1994 WL 6399
...w. ... . 7. Third, Defendant seeks entry of judgment in its favor on the ground that the security guard and guard gate services provided by the Belle Meade Special Taxing District are a proper purpose for special taxing districts. In accordance with Section 1.01(a)11 of the Dade County Home Rule Charter and Section 18-2 of the Dade County Code, Special Taxing Districts may be created to provide police services and other essential facilities and services....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2013 WL 439988, 2013 Fla. App. LEXIS 1821
...ard is not a “person” as contemplated by the Cardiac Arrest Survival Act and did not make the AED available for use in this case. We reject the first argument and conclude that the School Board qualifies as a “person” under this statute. See § 1.01(3), Fla....
CopyCited 2 times | Published | District Court, S.D. Florida | 1991 U.S. Dist. LEXIS 2399, 1991 WL 25699
...tation companies at MIA. B) Defendant is Metropolitan Dade County, a political subdivision of the State of Florida, which owns and operates the Miami International Airport through its Aviation Department. C) Pursuant to §
125.012, Florida Statutes, §
1.01 of the Metropolitan Dade County Home Rule Charter, the County duly adopted Chapter 25, entitled "Aviation Department Rules and Regulations", including §§ 25-3, 25-4, and 25-1.2 thereof....
...County owns the Miami International Airport and operates it through the County's Aviation Department ("DCAD"). As a Home Rule County under Florida law (Article VIII, Section 6(e), Florida Constitution), the County adopted a home rule charter which provides in Section 1.01 that: The Board of County Commissioners shall be the legislative and the governing body of the County and shall have ......
CopyCited 2 times | Published | District Court, M.D. Florida | 2016 U.S. Dist. LEXIS 186430, 2016 WL 7325543
...70 07/7014 i 09/05/2014 09/05/7014 $69,197.84 : 0.0136986% 551 • $5,222.63 Oii/7014 10/05/2014 1 10/06/7014 $55,941.10 : 0.013o*l86% : 521 $ 3.997.50 09/2014 .11/05/201-1 11/05/2014 1 $49,575.96 j 0.0136986% , 490 $3,327.69 10/7014 17/06/7014 12/06/7014 $ 38,06 3.36 <1.0136*186%....
CopyCited 2 times | Published | District Court, S.D. Florida | 52 Bankr. Ct. Dec. (CRR) 3, 2009 U.S. Dist. LEXIS 94481, 2009 WL 3125548
Loan facility permitted reborrowing.[4] [Cr. Agr. § 1.1, pp. 22, 38, § 2.1(c)]. Defendants in this case
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida. | 2016 Bankr. LEXIS 4632
Mot., ¶ 18(a); see also, Stalking Horse APA, Section 1.1(a). TLO attached a draft order approving the
CopyCited 2 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 230, 1993 Fla. LEXIS 589, 1993 WL 102093
...be the governing body of the Metro-Dade Fire and Rescue Service District... ."; and 2) the "Fire and Rescue Service District shall be governed by five members elected ... by the registered voters *969 of the ... District." Dade County, Fla., Charter § 1.01(A)(11) (1986) (emphasis added)....
...from its plain language as well as the actions of the Commission, which served as the governing body of the district from 1980 to 1986. As the dissent below states: The term "governing body" is a generic term which has long been in the Charter. Id. § 1.01(A)(11)....
...The 1980 ordinance required that a majority of the Dade County electorate approve the ordinance in a special election before the ordinance became effective. The voters approved the creation of the District in September 1980. [2] In 1980, Dade County Charter, Section 1.01(A)(11) provided that: The Board of County Commissioners shall be the governing body of all such districts and when acting as such governing body shall have the same jurisdiction and powers as when acting as the Board. [3] The 1986 amendment to the Charter, section 1.01(A)(11) now reads in pertinent part, with amended language underscored as follows: Section 1.01....
...established by Ordinance No. 80-86, but said Fire and Rescue Service District shall be governed by five members elected for initial terms of two years by the registered voters of the Metro-Dade Fire and Rescue Service District. Dade County Charter, section 1.01(A)(11), September 1986, (emphasis added)....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 1998 Bankr. LEXIS 1851, 1998 WL 993734
Thomas E. Baynes, Jr. Mortgages, The Law in Florida, § 1-1 (1993). "A mortgage shall be held to be a specific
CopyCited 1 times | Published | District Court, N.D. Florida | 2009 U.S. Dist. LEXIS 95949, 2009 WL 3190459
...sales, or January 29, 2003, according to Gulf Power, but in any event before February 1, 2003, when Gulf Power first alleged shortfalls under the CSA. [17] The court considers the effects of the amendments below. [18] The first provision of the CSA, Section 1.01, "Mutual Obligations," provides: "Seller agrees to sell and deliver to Buyer and Buyer agrees to purchase and accept from Seller coal of the quantity and quality, at the price, and subject to the applicable terms and conditions hereinaft...
...within the contract. [21] Coalsales identifies these thirty-two provisions as Sections 2.05, 2.06, 2.07, 2.10, 2.12, 2.16, 2.20, 2.22, 2.23, 2.27, 2.28, 2.30, 2.34, 5.02, 5.03, 5.08,
6.02,
6.04,
6.05, 7.01, 7.02, 8.01,
8.02, 9.01, 9.04, 9.06, 9.07, 1
1.01,
14.02,
14.06,
15.01, and 19.01. [22] Of the sections Coalsales refers to, Sections 2.06, 2.07, 2.10, 2.12, 2.16, 2.20, 2.27, 2.28, 2.34, 5.03, 8.01,
8.02, 9.04, 9.06, 1
1.01,
14.02,
14.03,
14.06 and 19.01 do not mention Source A or Source B....
...more, the level of abstraction of the terms of the contract support a finding that the parties intended for the contract to be flexible with regard not only to the source of the coal but to other terms, such as shipping points. For example, Section 11.01 contains a billing formula which refers to a number of terms, such as the Outbound Loading Point, which are variable rather than fixed....
CopyCited 1 times | Published | District Court, S.D. Florida | 2013 WL 5237362, 2013 U.S. Dist. LEXIS 132662
...n the principal’s behalf and subject to the principal’s control, and agent manifests assent or otherwise consents so to act.” Cheney v. IPD Analytics, L.L.C.,
2009 WL 1298405 at *5 (S.D.Fla. Apr. 16, 2009) (citing Restatement (Third) of Agency §
1.01 (2006))....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...defendants since, under Florida law, the singular form of a
6
phrase includes the plural form. In this case, the phrase, “said
defendant,” includes the phrase, “said defendants.” § 1.01,
Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2006 WL 3373045
be invalid: (1) the amendment to [Article I,] Section 1.1, which states, "Palm Beach County has the power
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 2861538
...ker" includes any person who is the officer or director of a corporation. Section
475.42(1)(a) provides that a corporation may be criminally punished for operating as a broker or sales associate without a "valid and current active license." Finally, section
1.01(3), Florida Statutes (2004), states that "where the context will permit" the word "person" in a Florida statute shall be construed to include "corporations." Nothing in Chapter 475 calls for a deviation from this general rule of construction....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1714481
25, 1798, ch. 58, § 1, 1 Stat. 570; Sedition Act of July 14, 1798, ch. 74, § 1, 1 Stat. 596. [11] Kentucky
CopyCited 1 times | Published | Florida 1st District Court of Appeal
prospective adoptive parents. §
63.082(6)(d), Fla. Stat. 1 1 The parties appear to have proceeded on
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 54 U.S.L.W. 2582, 229 U.S.P.Q. (BNA) 321, 1986 U.S. App. LEXIS 23620
...But if other elements are required, in addition to or instead of, the acts of reproduction, performance, distribution or display, in order to constitute a state created cause of action, then the right does not lie ‘within the general scope of copyright,’ and there is no preemption. 1 Nimmer on Copyright § 1.01[B] at 1-11 —1-12 (footnotes omitted)....
CopyCited 1 times | Published | District Court, S.D. Florida
flightcrew member, not a passenger, see 14 C.F.R. § 1.1 ("Flightcrew member means a pilot, flight engineer
CopyCited 1 times | Published | Supreme Court of Florida | 1961 Fla. LEXIS 2386
...stitutional authority, t^e Home Rule Charter adopted by the electors of Dade County authorized the Board of County Commissioners to “provide and regulate * * * waste and sewage collection and disposal and water supply and conservation programs,” Section 1.01A(9), and to have “all implied powers necessary and proper to carrying out such powers * * *” Section 1.01 B....
...In addition, the Board is expressly authorized to “exercise all powers and privileges granted to municipalities, counties and county officers by the Constitution and laws of the state, and all powers not prohibited by the Constitution or by this Charter.” Section 1.01A(21)....
CopyCited 1 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 42793
the Contract Documents. . . ." (Ex. 23 at 4-5, § 1-1.) This definition was amended for Wonderwood 2 to
CopyCited 1 times | Published | District Court, N.D. Florida | 2016 WL 1122884, 2016 U.S. Dist. LEXIS 36121
...be taken to be that as shown by the last preceding official decennial federal census, ... which shall also be the state census and shall control in all population acts and constitutional apportionments,, unless .otherwise ordered by the Legislature. § 1.01(7), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2005 WL 607878
...State,
215 So.2d 318, 321 (Fla. 4th DCA 1968) (stating "[a]n oath may be undertaken by any unequivocal act in the presence of an officer authorized to administer oaths by which the declarant knowingly attests the truth of a statement and assumes the obligation of an oath"). Section
1.01(5), Florida Statutes (2001), provides that "[t]he word `oath' includes affirmations." The claimant's signed notice of election to be exempt contained a statement in which the claimant affirmed that the information contained on the form w...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 680
...solidation of proceedings which involve similar issues of law or fact. Fla. Admin. Code Rule 28-5.106. Nevertheless, appellants argue that the use of the term "person" in section
215.26(1), by reading it in pari materia with the term's definition in Section
1.01(3), Florida Statutes, necessarily includes groups or classes of petitioners. Section
1.01(3) provides that the word "person" encompasses "groups or combinations." Appellants' argument is unpersuasive for two reasons....
CopyCited 1 times | Published | District Court, S.D. Florida | 2011 WL 2217495
"dollar bonds." See Validation Treaty, 4 U.S.T. 797, § 1("(1) the term `Dollar Bond' shall mean any bond of
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...wit: Article VIII, Section 11(1)(b), Constitution of the State of Florida (1885); and that the Metropolitan Charter itself contains the following provisions relative to the regulation of water rates: * * * * * * "Charter of Metropolitan Dade County, Section 1.01.a: * * * * * * "9....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256
...2006 Revision: Committee notes revised. 2007 Revision: New subdivision (a)(3)(A)(iv) inserted in response to Cason ex rel. Saferight v. Hammock,
908 So.2d 512 (Fla. 5th DCA 2005), and subsequent *1173 subdivisions renumbered accordingly. Committee notes revised. Statutory References §
1.01(3), Fla....
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida.
...The purpose of the CAP process is to avoid interruption of the tax benefits enjoyed by the plan participants, and to allow the IRS to resolve cases of actual "plan disqualification" in a manner that allows plans to continue to operate. Rev.Proc. 98-22, § 1.01; see also Weddel v....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...omments with the Court. [2] It is so ordered. LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur. APPENDIX RULE 5.015. GENERAL DEFINITIONS (a) General. The definitions and rules of construction stated or referred to in section 1.01, Florida Statutes, and chapters 731, 732, 733, 734, 735, 736, 737, 738, 739, and 744, Florida Statutes, as amended from time to time, shall apply to these rules, unless otherwise defined in these rules....
...2007 Revision: Subdivision (a) amended to add reference to chapter 736, Florida Statutes, which was added to the statutes effective July 1, 2007, and which replaces deleted chapter 737, and to add reference to chapter 739, Florida Statutes, which was added effective July 1, 2005. Committee notes revised. Statutory References § 1.01, Fla....
...2003 Revision: Committee notes revised. 2005 Revision: Subdivision (a)(3)(A) amended to delete requirement of court approval of commercial delivery service. 2006 Revision: Committee notes revised. 2007 Revision: Committee notes revised. Statutory References § 1.01(3), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
and Charles L. Black, Jr., The Law of Admiralty § 1-1 (2d ed., 1975)); see also Aqua Log, Inc. v. Lost
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1989 WL 4182
...The Fire Code provision arguably prohibits such a placement, see §
11.02(3), Metro-Dade County Fire Prevention & Safety Code, but we conclude it is only applicable where, unlike this case, the "obstruction" is "hazardous to life or property," see §
1.01, Metro-Dade County Fire Prevention & Safety Code....
CopyCited 1 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 1035, 2004 WL 169879
...es, including: Liabilities arising as a result of Cargo Aerea B. Ch., S.A. v. Challenge Air Cargo, Inc. et al. (claim by a former sales agent in Costa Rica), in excess of amounts accrued on the Current Balance Sheet .... Purchase Agreement, Schedule 1.01(aaa)....
...assistance in obtaining the relevant Foreign Licenses authorizing UPS to conduct the Route Authority, and (iii) waiving the right to require the Purchaser to "dry lease" from the Seller three DC-10-40 aircraft used in the Business as contemplated by Section 1.01(ddd) of the Purchase Agreement and that certain letter agreement between UPS and CAC dated October 5, 1999, UPS shall pay [Centurion] $31,374,648 in 36 equal consecutive monthly installments of $871,518 each, due and payable on the 1st day of each month beginning with the month of September 2000....
...irectly or indirectly, from or out of ... (d) any and all Retained Liabilities." Purchase Agreement, §
11.02. It is undisputed that these "Retained Liabilities" included damages stemming from the Cargo Aerea litigation. Purchase Agreement, Schedule
1.01(aaa)....
CopyCited 1 times | Supreme Court of Florida
...First, we amend rule 1.070(i)(2)(B) to include that the methods
of delivery for waiver of service may also include “registered mail as
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1).
defined by section 1.01, Florida Statutes.” Specifically, section
1.01(11) includes “private delivery service that is regularly engaged
in the delivery of documents [and] provides proof of mailing or
shipping and proof of delivery.” Also, in line with this amendment,
we amend the title of subdivisio...
...commencement of the action and request that the defendant waive
service of a summons. The notice and request must:
(A) [No Change]
(B) be dispatched by U.S. certified mail, return
receipt requested, or by registered mail as defined by section 1.01,
Florida Statutes;
(C) – (G) [No Change]
(3) – (5) [No Change]
(j) [No Change]
Committee Notes
[No Change]
RULE 1.430....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2013 WL 132695, 2013 Fla. App. LEXIS 479, 38 Fla. L. Weekly Fed. D 123
...azardous to its residents, creditors, policyholders, stockholders, or the public. On July 2, 2012, Devonshire responded by challenging: OIR’s authority to refer Devonshire to DFS under section
651.114(8); Devonshire’s status as insolvent under 65
1.011(8); and OIR’s conclusion that Devonshire’s continued operation would be hazardous....
...” The court stayed its order to allow Devonshire to appeal, which it has done; it also granted an automatic stay under section
631.041(1), Florida Statutes with specified conditions. Ill The two primary issues presented are (A) whether Devonshire is “insolvent” within the meaning of section 65
1.011(8), Florida Statutes, and (B) whether OIR and DFS have statutory authority to act against Devonshire under the circumstances despite the exemption in section
651.114(8), Florida Statutes. We agree with the trial court’s conclusion that Devonshire is insolvent as defined in section 65
1.011(8); we disagree that OIR and DFS have the authority to act under the circumstances due to the exemption in section
651.114(8)(a), but recognize that they may do so upon a showing by OIR that the interests of the residents warrant intervention under section
651.114(8)(c). A. Insolvency As a threshold matter, Devonshire argues that it is not insolvent within the meaning of section 65
1.011(8), which defines “insolvency” to mean “the condition in which the provider is unable to pay its obligations as they come due in the normal course of business.” § 65
1.011(8), Fla....
...code supports its view because the code speaks in terms of a debtor “generally not paying its debts.” See 11 U.S.C. § 303 (h)(1). DFS counters that the federal code has no definition of “insolvency;” instead, it is the language of section 651.011(8), not that of the bankruptcy code, that is relevant....
...faults on two or more small debts but exclude a provider who defaults on a single multi-million dollar debt. We conclude that the legislature did not intend the construction that Devonshire advances. To be sure, the statutory definition in section 651.011(8) uses the word “obligations”; but this use of the plural (versus the singular) is of no moment under the Florida Statutes, which in its very first section states: 1.01 Definitions. — In construing these statutes and each and every word, phrase, or part hereof, where the context will permit: (1) The singular includes the plural and vice versa. *1066 § 1.01(1), Fla....
...ovider defaults on a single massive debt. See Bd. of Pub. Instruction of Broward Cnty. v. Doran,
224 So.2d 693, 699 (Fla.1969) (statute providing for issuance of injunctions upon application by “citizens” applies to one citizen as well; applying §
1.01(1), Fla....
...s, 77 Pa. B. Ass’n Q. 172 (2006) (non-exhaustive review of state regulatory approaches). .See generally Peterman, et al., supra, at 18-19 (discussing fraud and mismanagement of CCRCs during early years of the industry’s development). . Section 651.015, Florida Statutes (2012), states that the "administration of this chapter is vested in the commission, office, and department” as identified in the chapter....
...nt part, is defined as "all the assets of the insurer, if made immediately available, would not be sufficient to discharge all its liabilities or that the insurer is unable to pay its debts as they become due in the usual course of business.” § 631.011(14)....
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 22 Fla. L. Weekly Fed. B 406, 2010 Bankr. LEXIS 587
...nt..." Adv. Comp. ¶ 31. Paragraphs 24 through 26 of the Amended Complaint set out and define the relevant portions of the Indenture, including the subordination provisions of Section 3.01 and the definition of "Senior Indebtedness," as set forth in Section 1.01 of the Indenture....
...indebtedness of the same nature as the Notes, (b) amendments, modifications, renewals, extensions or deferrals of any such indebtedness and (c) indebtedness issued in exchange for any indebtedness described in clause (a) or clause (b). Indenture at Section 1.01....
...Here, even when examining the facts in a light most favorable to the Plaintiffs and notwithstanding the arguments set forth in the Response, Plaintiffs' guaranty fee claims do not constitute Senior Indebtedness under any provision of this definition. 1. Guaranty fees are not "indebtedness... for borrowed money" First, Section 1.01(a)(i) of the Indenture defines Senior Indebtedness as "indebtedness ......
...For these reasons, the claims of *721 the Plaintiffs cannot constitute "indebtedness for borrowed money" under the Indenture. 2. Guaranty fees are not "evidenced by notes, bonds, or debentures ... issued under the provisions of an indenture or similar instrument." With respect to Section 1.01(a)(ii), the guaranty fee claims held by Plaintiffs do not fall within the ambit of subsection (a)(ii) since they are not indebtedness "evidenced by notes, bonds, or debentures ......
CopyCited 1 times | Florida 4th District Court of Appeal
...We do not and need
not pass on whether other mechanisms, including Rule 1.220, might be available
for multiple HOAs to proceed in a single class claim.
Second, while in ordinary interpretation the singular should generally be
construed as the plural, we only so construe “where the context will permit.”
§ 1.01, Fla....
...But Florida law has long recognized that the
singular includes the plural unless a contrary intent is clear, and nothing
in rule 1.222 suggests an intent to impose a numerical restriction on
6
plaintiffs. See § 1.01(1), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
7 “residential.” § 1.1, § 4, tbl.3, Miami 21. “Residential” is defined
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2004 WL 2965445
and Koji were not assignable under the same. Section 1.1 of the agreement entitled "Transfer of Assets
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
10312, 10330 (1997) (currently codified in 8 C.F.R. § 1.1(q) (1998)), which states: “The term arriving alien
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
10312, 10330 (1997) (currently codified in 8 C.F.R. § 1.1(q) (1998)), which states: "The term arriving
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
10312, 10330 (1997) (currently codified in 8 C.F.R. § 1.1(q) (1998)), which states: “The term arriving alien
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 12508, 2009 WL 2601834
...the Governor and constitutional officers and all employees and elected officers of all cities, towns, counties, and political subdivisions, including the educational system." The term "political subdivisions" does not include political parties, per section 1.01(8), Florida Statutes (2008)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 12090, 2008 WL 3286256
Duval County Teacher Tenure Act (Tenure Act).[*] Section 1.1 of the Tenure Act, which relates to "Certification
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...we conclude that the LPS is an individual minimum sentence which applies to each felony at sentencing for which the LPS exceeds that felony's statutory maximum sentence, regardless of whether the felony is the primary or an additional offense. 8 See § 1.01(1), Fla....
CopyCited 1 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 37717, 2010 WL 1510848
...tute and its protections of businesses. Senate Staff Analysis, CS/SB 208, Mar. 22, 2001, at p. 3. Id. "The Committee also stated that the word `consumer' should be stricken and replaced by the word `person' in the text of the statute and noted that [section 1.01(3), Florida Statutes,] understands `person' to include a business." Id....
CopyPublished | Court of Appeals for the Eleventh Circuit
...mailings,” see TransUnion,
141 S. Ct. at 2210 n.6—exactly what is
alleged here. And the dissent makes no effort to explain why
disclosures to employee agents are relevantly different from
disclosures to non-employee agents in this context. But see
RESTATEMENT (THIRD) OF AGENCY §
1.01 cmt....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 21 Fla. L. Weekly Fed. B 458, 2008 Bankr. LEXIS 2508, 50 Bankr. Ct. Dec. (CRR) 165
provisions which govern the resolution of this issue. Section 1.1.4 of the Contract provides for the payment of
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
to be offered in each of the institutions." Section 1, 1.1(f) Board of Regents Operating Manual. And
CopyPublished | Florida 2nd District Court of Appeal
governed by a Hospital Board (Board). Charter § 1.1 Every month, the Board is authorized to certify
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...2001 Revision: Editorial changes in subdivision (a)(3)(A) to clarify requirements for service of formal notice. 2003 Revision: Committee notes revised. 2005 Revision: Subdivision (a)(3)(A) amended to delete requirement of court approval of commercial delivery service. Statutory References § 1.01(3), Fla....
CopyPublished | Florida 5th District Court of Appeal | 1995 WL 570430
such position, flies in the face of Article I, Section 1.[1] The legislature, through the enactment of Section
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...Rule History 1975 Revision: These rules shall govern the procedures to be followed in all matters pending on or commenced after January 1, 1976, including procedures for the enforcement of substantive rights that have vested before that date. See F.S. 731.011....
...FPR 5.040(a)(3)(C) Notice. FPR 5.050 Transfer of proceedings. FPR 5.070 Subpoena. FPR 5.080 Discovery. FPR 5.230(e) Commission to prove will. RULE 5.015. GENERAL DEFINITIONS (a) General. The definitions and rules of construction stated or referred to in F.S. 1.01, and Chapters 731, 732, 733, 734, 735, 737, 738, and 744, as amended from time to time, shall apply to these rules, unless otherwise defined in these rules....
...This is intended to simplify drafting of these rules and should be liberally construed. See FPR 5.190 and 5.540 and also F.S.
731.201 and F.S.
744.102. 1988 Revision: Rule was expanded due to deletion of FPR 5.190. Committee notes expanded. Citation form changes in rule and committee notes. Statutory References F.S.
1.01 Definitions....
...744.337 Notice of hearing. F.S.
744.441 Powers of guardian upon court approval. F.S.
744.447 Petition for authorization to act. F.S.
744.477 Proceedings for removal. F.S. ch. 48 Process and service of process. F.S. ch. 49 Constructive service of process. F.S.
1.01(3) Definitions....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...Rule History 1975 Revision: These rules shall govern the procedures to be followed in all matters pending on or commenced after January 1, 1976, including procedures for the enforcement of substantive rights that have vested before that date. See F.S. 731.011....
...GENERAL DEFINITIONS Words not defined in-these rules-shall have the meanings as defined- in the-Flor-ida Probate-Code and Florida Guardianship ■Law, as amended from time-to time, — (See Fla.R.P, & G.P. 5.190 and 5,540.) (a) General. The definitions and rules of construction stated or referred to in F.S. § 1.01, and Chapters 731, 732, 733, 734, 735, 737, 738, and 744, as amended from time to time, shall apply to these rules, unless otherwise defined in these rules....
...This is intended to simplify drafting of these rules and should be liberally construed. See FPR 5.190 and 5.540 and also F.S.
731.201 and F.S.
744.102. 1988 Revision: Rule was expanded due to deletion of FPR 5.190. Committee notes expanded. Citation form changes in rule and committee notes. Statutory References F.S.
1.01 Definitions....
...744.337 Notice of hearing. F.S.
744.441 Powers of guardian upon court approval. F.S.
744.447 Petition for authorization to act. F.S.
744.477 Proceedings for removal. F.S. ch. 48 Process and service of process. Constructive service of proF.S. ch. 49 cess. F.S.
1.01(3) Definitions....
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
willful misconduct. (Emphasis supplied.) Section
1.01(3), F. S., provides that in construing the Florida
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 14507
Florida law. Panama City Beach Charter, Art. 1, § 1-1. As such, the Florida Constitution provides that:
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512
...R. Jud. Admin. 2.130(c)(5). It is so ordered. WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. APPENDIX Rule 5.015. General Definitions (a) General. The definitions and rules of construction stated or referred to in section 1.01, Florida Statutes, and Chapters 731, 732, 733, 734, 735, 737, 738, and 744, Florida Statutes, as amended from time to time, shall apply to these rules, unless otherwise defined in these rules....
...Committee notes expanded. Citation form changes in rule and committee notes. 1992 Revision: Citation form changes in rule and committee notes. 2000 Revision: Subdivision (b)(2) amended to delete outdated reference to rule 5.550(c). Statutory References § 1.01, Fla....
...1996 Revision: Subdivision (a) amended to permit service of formal notice by commercial delivery service to conform to 1993 amendment to section
731.301(1), Florida Statutes. Editorial changes. 2000 Revision: Editorial changes in subdivision (a)(3)(A) to clarify requirements for service of formal notice. Statutory References §
1.01(3), Fla....
CopyPublished | Supreme Court of Florida
...- 27 -
§
838.014(4), Fla. Stat.
“Governmental entity” means an agency or entity of the state, a county,
municipality, or special district or any other public entity created or
authorized by law.
§
1.01(14), Fla....
CopyPublished | District Court, M.D. Florida | 2013 WL 5353287, 2013 U.S. Dist. LEXIS 136618
...G & L Holding Group, Inc.,
381 F.3d 1285, 1295 (11th Cir.2004) (holding that the plaintiffs “idea to create an Internet-based bank that would cater to the gay and lesbian community” was excluded from copyright protection); id. at 1294 (quoting Nimmer on Copyright, §
1.01[B][2][c] at 1-58 (2004) (“the Copyright Act does not extend protection to ideas as distinguished from their expression”) (quotation marks omitted))....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...Rule History 1975 Revision: These rules shall govern the procedures to be followed in all matters pending on or commenced after January 1, 1976, including procedures for the enforcement of substantive rights that have vested before that date. See section 731.011, Florida Statutes....
...5.070 Subpoena. FPRFla.Prob.R. 5.080 Discovery. FPRFIa.Prob.R. 5.230(e) Commission to prove will. Fla.R.App.P. 9.800 Uniform citation system. RULE 5.015, GENERAL DEFINITIONS (a) General. The definitions and rules of construction stated or referred to in R§ion 1.01, Florida Statutes, and Cchapters 731, 732, 733, 734, 735, 737, 738, and 744, Florida Statutes, as amended from time to time, shall apply to these rules, unless otherwise defined in these rules....
...5.190 and 5.540 and also ⅛¾⅞
731.201 and 5⅛-744.-102, Fla.Stat. 1988 Revision: Rule was expanded due to deletion of FPRrule 5.190. Committee notes expanded. Citation form changes in rule and committee notes. 1992 Revision: Citation form changes in rule and committee notes. Statutory References
1.01, Fla.Stat....
...Committee notes revised. Citation form changes in committee notes. 1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References § 1.01(3), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 9158, 1991 WL 181495
...he society that it serves. The Charter established that “the Board of County Commissioners shall be the legislative and the governing body of the county and shall have the power to carry on a central metropolitan government.” Dade County Charter § 1.01(A)....
...stablished by Ordinance No. 80-86, but said Fire and Rescue Service District shall be governed by five members elected for initial terms of two years by the registered voters of the Metro-Dade Fire and Rescue Service District.” Dade County Charter § 1.01(A)(11) (1986)....
...The County Commission as the Legislative Body of the Fire District; The Fire Board as the Governing Body of the Fire District The County concedes that the five elected officials of the Fire Board comprise the Fire District’s governing body pursuant to Dade County Charter § 1.01(A)(11) (1986); the Fire Board concedes that, under the same section of the Charter, the County Commission is the Fire District’s legislative body....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21092
Development Authority of the City of Fort Lauderdale" (Section 1(1) of the Special Act, emphasis supplied). From
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...tice by will. Statutory References F.S.
731.105 In rem proceeding. F.S.
731.201(16) and (20) General definitions. F.S.
731.301 Notice; method and time; proof. F.S. ch. 48 Process and service of process. F.S. ch. 49 Constructive service of process. F.S.
1.01(3) Definitions....
CopyPublished | Court of Appeals for the Eleventh Circuit
Rubenstein, et al., Newberg on Class Actions § 1:1 (“Class actions are a form of representative litigation
CopyPublished | District Court of Appeal of Florida
Chapter 26138, Laws of Florida, Special Acts 1949, Section 1(1), (2). We have considered the remaining issues
CopyPublished | Supreme Court of Florida | 2015 WL 5853925
... or hearing officer while performing a governmental function; or (d) A
candidate for election or appointment to any of the positions listed in this
subsection, or an individual who has been elected to, but has yet to officially
assume the responsibilities of, public office.
§ 1.01(14), Fla....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
...of his death claims the body for burial at his, its, or their expense. 3 (c) If the deceased person was an honorably discharged member of the Armed Forces of the United States or the state who served during a period of wartime service as defined in s. 1.01 (15) [sic]; 4 but such body shall be buried in accordance with the provisions of the existing laws....
...2 Section 245.07, F.S. 3 Section 245.08(2), F.S., provides that when the Department of Health and Rehabilitative Services claims the body of a client according to s. 245.08, F.S., the department shall assess fees for burial pursuant to s.
402.33 , F.S. 4 Section
1.01 (14), F.S., defines the term "veteran" and sets forth the periods of wartime service....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8421
...No other construction would make sense. It is to be noted that Section 298.03(3) refers to “written approval or consent of the owner or owners of a majority in acreage of the lands within said district.” (Emphasis added) Further, Florida Statute 1.01(1) provides that in the construction of all of the Florida Statutes “the singular includes the plural and vice versa.” Such construction has been applied by the Florida Courts: For example, in Board of Public Instruction of Broward Co....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
subdivision" within the purview of the CCNA. Section
1.01(9), F. S., provides that, where the context
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21354
...makes the following finding of fact and conclusions of law: 1. Section 1(e) of the Dade County Home Rule Amendment provides the underlying constitutional power for the creation of special taxing districts within Dade County. The Dade County Charter Section 1.01(A)(11) implements this constitutional power and provides that the Board of County Commissioners, as the legislative and governing body of Dade County, shall have the power to establish special purpose districts which may provide essential facilities and services, including fire protection services....
CopyPublished | Court of Appeals for the Eleventh Circuit
include the future as well as the present.” 1 U.S.C. § 1. 1 Also, the majority’s statement that the
CopyAgo (Fla. Att'y Gen. 2011).
Published | Florida Attorney General Reports
definition. 6 A "political subdivision" is defined in section
1.01(8), Fla. Stat., as follows: "The words `public
CopyPublished | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 16969, 2008 WL 4756654
...of the Cities of Miami, Miami Beach, Hialeah, Coral Gables, and Key *459 Biscayne which may provide for fire and rescue services in those cities. The fire and rescue protection services of those cities may be transferred to the county as provided in Section 1.01(a)(18)....
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
districts in this state."2 Thus, for purposes of section
1.01, Florida Statutes, a municipality is a political
CopyPublished | District Court of Appeal of Florida
...The petition of the appel-lee and the petition of the intervenor for a rehearing of the cause were granted and the cause came on for reargument. The court is of the opinion that it had overlooked a controlling provision of the Metropolitan Charter, that is, Section 1.01 (A) 13, which reads as follows: “Adopt and enforce uniform building and related technical codes and regulations for both the incorporated and unincorporated areas of the county; provide for examinations for contractors and all parties...
CopyPublished | Court of Appeals for the Eleventh Circuit
to a strong severability clause. See Ala. Code § 1-1-16 (“If any provision of this Code or any amendment
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2308, 1989 Fla. App. LEXIS 5463, 1989 WL 114467
...3d DCA 1988) (per curiam) (table), and now do so again. On the other hand, the appellant’s arguments for a contrary statutory interpretation 3 are not at all persuasive: a. The position it urges most strongly, that under the general construction and definition provisions of section 1.01(1), Florida Statutes (1987), “[t]he singular includes the plural and vice versa” — so that “one” single-family residence would include 158— fails immediately under the broad language of section 1.01 itself....
...proprietary interest in a corporation owning a fee or a leasehold initially in excess of ninety-eight (98) years, or a detached single-family dwelling. . The appellant does not challenge the constitutionality of the statute as interpreted below. . "1.01 Definitions....
CopyPublished | District Court, S.D. Florida | 1991 U.S. Dist. LEXIS 19346, 1991 WL 220606
...The regulations promulgated under the Ordinance require each County department with funds budgeted to capital improvement projects to maintain records on the dollar value of all construction contracts anticipated as well as goals for Black participation in those projects each fiscal year. § 1.01....
CopyPublished | Supreme Court of Florida
...- 21 -
§
838.014(4), Fla. Stat.
“Governmental entity” means an agency or entity of the state, a county,
municipality, or special district or any other public entity created or
authorized by law.
§
1.01(14), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
(Second) of Property—Landlord and Tenant § 1.1 (Am. Law Inst. 1977) (“The USCA11 Case: 23-10151
CopyPublished | Florida 3rd District Court of Appeal
real property. 19 Fla. Prac., Florida Real Estate § 1:1 (2024 ed.). Many of the early cases in Florida
CopyPublished | District Court, N.D. Florida | 2016 U.S. Dist. LEXIS 155708, 2016 WL 6637706
...pplies, that is, only if the State has “permitted] any other person,” not including another Indian tribe, “to conduct such games.” For convenience, this order uses “person” to *1183 include an “organization or entity.” Cf. Fla. Stat. § 1.01 (3) (similarly defining “person”)....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
amended by s. 2, Ch. 84-451, Laws of Florida. 9 Section 1.1(2) of the enabling legislation as added by Ch
CopyPublished | Florida 3rd District Court of Appeal
...government from deciding local issues.’” (quoting Browning,
28 So. 3d at 887).
provide suitable penalties for the violation thereof; . . . , and to do everything
necessary to carry on a central metropolitan government in Dade County.”); Art. 1,
§
1.01 (A) 22 & 23, Miami-Dade County Home Rule Charter; § 8B-7(2)(e) and (f),
Miami-Dade County Code.
14
This is particularly obvious where no useful public policy is advanced by construing
the executi...
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 653, 2015 Fla. LEXIS 2626, 2015 WL 7566535
...Other statutory definitions of and references to the terms “public
official,” “public officer,” “public employee,” and “public servant” are unhelpful
because either by their express terms or based on the context they are of limited
application. See, e.g., § 1.01(6), Fla....
...office”
includes state and local offices with duties defined by law); §
97.021(31) (“public
office” defined for purposes of the election code); §
110.107(5) (defining
“position” as used in chapter on public officers and employees); § 11
1.012(1)(b)
(defining “elected public officer” for purposes of section); §
112.313(1) (defining
“public officer” for purposes of section); §
112.3135(1)(c) (defining “public
- 15 -
As was m...
...public employees are encompassed under
this definition—is not “plain” from the statutory text. See majority op. at 14-15.
School teachers do not hold any “office” as defined in the Florida
Constitution or the Florida Statutes. See § 1.01(6), Fla....
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
designated for use by golf carts." (Ord. No. 170, § 1, 1-16-85). 2 Section
316.212(1), Fla. Stat. 3 Section
CopyPublished | Court of Appeals for the Eleventh Circuit
(1977) (quoting Restatement (Second) of Agency § 1(1)); accord Romero v. West Bend. Mut. Ins. Co., 371
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2449, 1986 Fla. App. LEXIS 10785
...Department of Labor,
412 So.2d 351 (Fla.1982). . Cf. Walton-Okaloosa-Santa Rosa Medical Society v. Spires,
153 So.2d 325 (Fla. 1st DCA 1963); Florio v. State,
119 So.2d 305 (Fla. 2d DCA 1960); I. W. Phillips & Company v. Hall,
128 So. 635 (Fla.1930). . The agency order cites section
1.01(3), Florida Statutes, for this purpose, but does appear to recognize the absence of explicit treatment of the issue in prior case law:
1.01 Definitions....
...ess trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. (e.s.) Section
120.52(12), Florida Statutes, states:
120.52 Definitions. — As used in this act: [[Image here]] (12) ‘Person’ means any person described in s.
1.01, ......
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21732
...axicabs within municipal boundaries was removed. The decision in Metropolitan Dade County v. City of Miami, supra, does not affect the validity vel non of Ordinance No. 81-85. 2 H. Ordinance No. 81-85 was enacted pursuant to the authority of Article 1.01(A)(3) of the Dade County Home Rule Charter, as amended by the voters in a county-wide election in March 1976....
...The appellants contend that the Charter amendment, at the time of its enactment, conflicted with Section 323.052, making the amendment invalid at its inception. Again their reliance on Metropolitan Dade County v. City of Miami, supra, is misplaced. The case did not hold Section 1.01(A)(3) of the Charter to be in conflict with the statute....
...The Charter amendment is a grant of power to the Board of County Commissioners to regulate taxicabs throughout the County. The method of exercising that power was governed by Section 323.052, for so long as such statute was in effect. Metropolitan Dade County v. City of Miami, supra. Section 1.01(A)(3) originally limited the County’s authority to regulate taxicabs to the unincorporated areas of Dade County only....
...s within the cities, e.g., the power to set uniform rates and charges “throughout said county, including the incorporated and unincorporated areas.” By removing the territorial restriction on the County’s authority areas, the 1976 amendment to Section 1.01(A)(3) allowed the County to avail itself, should it choose to do so, of the full powers then permitted by Section 323.052....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2366, 1986 Fla. App. LEXIS 10529
...We hold that a child of tender years can mischievously provoke a dog under Section
767.04 and, thus, afford a complete defense to the dog owner. The statute, which imposes strict liability on the owners of dogs, subject only to the two defenses, is not limited in any manner so as to exclude children. See section
1.01, Florida Statutes (1985) (“person” includes children)....
CopyPublished | Court of Appeals for the Eleventh Circuit
explicit conduct.” CPPA, Pub. L. No. 104-208, § 1(1), 110 Stat. 3009-26 (1996). Pedophiles often rely
CopyPublished | United States Bankruptcy Court, M.D. Florida
TBW-ADP-1-00000011-18 (MSA Annex B § 1.1, Annex C § 1.1, Annex T § 1.1, Annex Z). Doc. 130 (Amended Complaint
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14933
...Florida Statute § 1.-01(14) changed the definition of “majority” and “minority” so that a minor was defined as “a person who has not attained the age of 18 years”. Florida Statute § 1.-01(14) provides: “Section 1. Subsection (14) of Section 1.01, Florida Statutes, is created to read: “1.01 Definitions “In construing these statutes and each and every word, phrase or part hereof, where the context will permit: “(14) The word ‘minor’ includes any person who has not attained the age of 18 years....
...A timely petition for rehearing was made, which was denied in March, 1975.In that case there was a property settlement agreement which provided for payment of child support. It further provided that as each child attained the age of majority, the payment would be reduced. When Florida Statute § 1.01(14) became effective, the husband terminated support payments for the 19 year old child of the parties....
...The trial court held that by operation of law, the husband’s obligation to make support payments to the 19 year old then ended. The Third District Court of Appeal reversed. The Florida Supreme Court, in affirming the holding of the Third District Court referred to Florida Statute § 1.01(14) and stated: “Nothing contained in Section 2 prohibits support payments to one over 18 years....
CopyPublished | Court of Appeals for the Eleventh Circuit
within the Department of Justice. See 28 C.F.R. § 1.1; Fed. Bureau of Prisons, U.S.
CopyPublished | Court of Appeals for the Eleventh Circuit
within the Department of Justice. See 28 C.F.R. § 1.1; Fed. Bureau of Prisons, U.S.
CopyPublished | Florida 4th District Court of Appeal
formula set forth in section 2.3 of the lease. But section 1.1(k) of the lease, titled “Operating Expenses,”
CopyPublished | Court of Appeals for the Eleventh Circuit
Com. Arbitration and Investor-State Arbitration § 1.1 cmt. pp (ALI Proposed Final Draft 2019) (“Restatement
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
for use exclusively for church purposes." 2 Section
1.01(8), F.S., defines "public body" to include "counties
CopyPublished | Court of Appeals for the Eleventh Circuit
completed 15 years as an NSD. 8 Family Program art. I, § 1.1, art. IV, § 4.1. The election of a NSD to participate
CopyPublished | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1194
which said denial is predicated. (Ord. No. 202-F, § 1, 1-20-77)
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 5451, 1995 WL 307155
...PERC agreed and issued a final order upholding FDLE’s position. Cohen now appeals that final order. Section
295.07 requires that the State of Florida and its political subdivisions accord a preference in hiring or retention to veterans of any war defined in section
1.01(14), Florida Statutes, which includes the Vietnam War....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 5654
...vision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. (Emphasis added). Section 1.01, Florida Statutes (1995), defines “political subdivision” as follows: The words “public body,” “body politic,” or “political subdivision ” include counties, cities, towns, villages, special tax school districts, special r...
...We recognize that penal statutes are to be strictly construed in favor of the person against whom the- penalty could be imposed. Amaker v. State,
492 So.2d 419 (Fla. 1st DCA), review denied,
497 So.2d 1218 (Fla.1986). In this case however, a careful read *715 ing of the applicable statutes, specifically section
1.01, leads us to conclude that a school district is a “political subdivision” within this state....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 5243, 1991 WL 82537
...de that a health maintenance organization which conducts peer review of physicians under section
766.101, Florida Statutes (1989), is a “person” entitled to attorney’s fees and costs as a prevailing defendant under paragraph
766.101(6)(a). See §
1.01(3), Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal
question of great public interest, to wit: “Whether § 1[.01](14) or §
743.07, Florida Statutes, purport to
CopyPublished | District Court of Appeal of Florida | 1963 Fla. App. LEXIS 3680
...ble penalties for the violations of such local laws, subject only to the limitation that such local legislation may not conflict with the provisions of the Constitution, the Charter or general laws, ' (2) that pursuant to the Home' Rule-' Amendment, Section 1.01 (A) (22) of theHome Rule Charter for Metropolitan Dade> County was adopted by the electors grant-: ing the Board of County Commissioners-the power to “Adopt such ordinances and-resolutions as may be required in- the exercise of its...
...he Board of County Commissioners or to the Metropolitan Court the power to determine which traffic offenses shall require court appearances. This question is one of interpretation. Is a mandatory court appearance a penalty (therefore covered by Sec. 1.01(A) (22) of the Charter, giving the Board the power to prescribe penal *40 ties for the violation of its ordinances) or is it a procedural step in the enforcement of an ordinance (therefore subject to Sec....
CopyPublished | Florida 1st District Court of Appeal
...ility may not
exceed the maximum sentence for the crime for which the
defendant was charged.
The phrase “maximum sentence” is not defined in chapter
916. The phrase “maximum sentence” also means “maximum
sentences” based on section 1.01(1), Florida Statutes (2017)....
...section
916.13(3), trial courts had been authorized to structure
sentences consecutively under section
775.021(4) for seven years,
see section
775.021(4), Florida Statutes (1976), and singular
versions of words included the plural versions of words for decades,
see section
1.01, Florida Statutes (1941). Because sections
775.021(4) and
1.01(1) had been in existence before the Legislature
enacted the statutory language at issue, the Legislature is
presumed to have known that a trial court could determine that it
had jurisdiction for an extended period of time based on a
consecutive...
CopyPublished | Court of Appeals for the Eleventh Circuit
litia. See, e.g., Act of May 8, 1792, ch. 33, § 1, 1 Stat. 271, 271 (re- quiring “each and every
CopyPublished | Court of Appeals for the Eleventh Circuit
litia. See, e.g., Act of May 8, 1792, ch. 33, § 1, 1 Stat. 271, 271 (re- quiring “each and every
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15101
as Water Superintendent has violated Rule 14, Section 1(1) of the Civil Service Rules, to wit: has taken
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
...Section
196.29 , Florida Statutes, states that: Whenever any county, school board, or community college district board of trustees of this state has heretofore acquired, or shall hereafter acquire, title to any real property, the taxes of all political subdivisions, as defined in s.
1.01 , upon such property for the year in which title to such property was acquired, or shall hereafter be acquired, shall be that portion of the taxes levied or accrued against such property for such year which the portion of such year which has...
...millage rates on the land involved. This fund shall be used to pay any ad valorem taxes due, and the remainder of taxes which would otherwise have been due for that current year shall stand canceled. 7 The term "political subdivisions" is defined in section 1.01 , Fla....
CopyPublished | Supreme Court of Florida
cases); Or. Unif. Civ. Jury Instrs., Users’ Guide § 1.1, (explaining that the Oregon State Bar’s uniform
CopyPublished | Florida 5th District Court of Appeal | 174 L.R.R.M. (BNA) 3365, 2004 Fla. App. LEXIS 2942, 2004 WL 399400
public are of primary importance.” Moreover, section 1.1 of the agreement states that one of the purposes
CopyPublished | Court of Appeals for the Eleventh Circuit
standard of proving concerted action under § 1. 1. There is No § 1 Agreement When the Evidence
CopyPublished | Court of Appeals for the Eleventh Circuit
acceptable Accountants." "Accountants" is defined in section 1.1 of the Agreement as "one of the `Big Six' independent
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
...hibitions of s.
287.055 , F.S.? SUMMARY: An independent special district is deemed to be a political subdivision of the state for the purposes of the Consultants Competitive Negotiation Act under the definition of the term "political subdivision" in s.
1.01 (9), F.S., and as those words are used in the context of s....
...In construing the statute law of the state, where the context thereof permits, the words "political subdivision" include "counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts and all other districts in this state." (Emphasis supplied.) Section 1.01 (9), F.S....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 3979, 2011 WL 1086595
...Franzone is the operator of the site where Mr. Donnantuani's vehicle was being stored. As a matter of law, Zoner, LLC, d/b/a George and Sons Towing, is the operator contemplated by the statute. Although chapter 715 does not define the term "operator," section 1.01(15), Florida Statutes (2008), specifically defines "wrecker operator" to be "any person or firm regularly engaged for hire in the business of towing or removing motor vehicles." (Emphasis added.) The uncontested testimony at trial established that Mrs....
...When chapter 608 is compared to chapter 607 governing corporations, it is obvious that the LLC is comparable to the more traditional business structure of a corporation. Such a business entity, in this case Zoner, LLC, would be the "firm" referred to in the definition of "wrecker operator" found in section 1.01....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 2629, 1994 WL 90362
...erty acting as their own contractor. We also reject Appellee’s argument that the exemption cannot apply because Appellant is not a “person.” Clearly, the legislature is cognizant of its own definition of “person” as including corporations. § 1.01(3), Florida Statutes (1991)....
CopyPublished | Court of Appeals for the Eleventh Circuit
to grant equitable relief. Rev. Proc. 2013- 34 §
1.01, 2013-43 I.R.B. 397, 397. Those factors include
CopyPublished | District Court of Appeal of Florida | 4 Wage & Hour Cas.2d (BNA) 843, 1998 Fla. App. LEXIS 2651, 1998 WL 117540
manner in accordance with the Applicable Laws.” Section 1.1 of the agreement defined “Applicable Law” as
CopyPublished | Court of Appeals for the Eleventh Circuit
Against Insurers) Act, 1930, 20 & 21 Geo. 5, ch. 25, § 1(1). This statute thus “vests” a substantive right
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
will permit, be read as including `children.' Section
1.01(3), F. S. There being nothing to the contrary
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15179
...Daugherty, Fla.,
308 So.2d 24 (1975). The final decree of divorce was entered at a time when support continued until a child reached 21 years of age unless the child married or ceased to be dependent. As the Supreme Court held in Finn and in Daugherty , §
1.01(14), Florida Statutes, (which became effective on July 1, 1973, and changed the definition of “majority” and “minority” so that a minor was defined as a “person who has not attained the age of 18 years,”) did not disturb previous orders of support....
CopyPublished | Supreme Court of Florida
specifically identify any such provisions. Id. § 1(1). -3-
CopyPublished | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 308, 1997 Fla. LEXIS 730, 1997 WL 297683
EXAMINERS RULE 1. GENERAL 1-10 Authority and Mission Section -1.1-11 Introduction. The admission of attorneys
CopyPublished | Supreme Court of Florida
GOVERNING ATTORNEYS SECTION (1) 1. THE DUTY OF THE LAWYER TO THE COURTS
CopyPublished | Court of Appeals for the Eleventh Circuit
Jr., et al., Chapter 13 Practice and Procedure § 1:1 (2019). Then, there are the creditors—the people
CopyPublished | District Court, S.D. Florida | 1985 U.S. Dist. LEXIS 18351
"foreign air carrier" as set forth in 14 C.F.R. § 1.1 is as follows: Any person other than a citizen of
CopyPublished | United States Bankruptcy Court, S.D. Florida.
is the property: single family home Part One Section 1.1 value: $290,385 Property value: $365,000 Part
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1414, 1986 Fla. App. LEXIS 8459
...We agree with the trial court that since the so-called franchise for “maxi-taxi” pick up and delivery at the Dade County seaport and airport was granted by the county pursuant to and in accordance with the specific statutory authority conferred by section
125.012(17), Florida Statutes (1981), 1 rather than section
1.01(A)(14) of the Home Rule Charter, 2 the latter’s requirement of voter approval of “[franchises under this subsection” does not apply by its very terms....
...y such exclusive franchise. Such negotiations with any interested parties as to the terms, conditions, and provisions of any such exclusive franchise are to continue for a period of not less than 10 days before such exclusive franchise is granted. . Section 1.01(A)(14) provides: (A) The Board of County Commissioners shall be the legislative and the governing body of the county and shall have the power to carry on a central metropolitan government....
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 2628009, 2017 Fla. App. LEXIS 8911
...a whole, it makes sense that “the previous physician” is only the one being replaced by the new one-time-change physician in the one-for-one exchange described in Davis. Finally, we have not overlooked the claimant’s argument that, pursuant to section 1.01(1), Florida Statutes, “[t]he singular includes the plural and vice versa.” However, under the plain language of that statute, this interpretive tool only applies “when context will permit,” and here, the context of the phrase “...
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...Committee Notes Rule History 1975 Revision: These rules shall govern the procedures to be followed in all matters pending on or commenced after January 1, 1976, including procedures for the enforcement of substantive rights that have vested before that date. See section 731.011, Florida Statutes....
...o 1993 amendment to section
731.301(1), Florida Statutes. Editorial changes. 2001 Revision: Editorial changes in subdivision (a)(3)(A) to clarify requirements for service of formal notice. 2003 Revision: Committee notes revised. Statutory References §
1.01(3), Fla....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16917
...da Revenue Sharing Act of 1972, as amended, and as the same may be amended from time to time hereafter. 8. Nothing in this final declaratory judgment shall prohibit the parties from entering into contracts with each other as authorized by Article I, Section 1.01(17) and Article V, Section 5.06 of the Home Rule Charter of Dade County....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
purposes of the Government in the Sunshine Law. Section
1.01(9) defines "public body," "body politic" and
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1654, 1987 Fla. App. LEXIS 9163
other legal documents and even statutes. Indeed, section
1.01(1), Florida Statutes, provides that in construing
CopyPublished | Supreme Court of Florida | 1964 Fla. LEXIS 2581
...The Port Authority is in reality the Board of County Commissioners under a different name. It is not a separate political subdivision. It is the Board of County Commissioners sitting in its capacity as an agency of Dade County to supervise the operation of that County’s airport. *448 Under Section 1.01 A (2) 0f the Dade County Home Rule Charter the Commissioners are authorized to provide and operate air transportation terminals and facilities....
...This is strictly an operating, managerial arrangement for the convenience of the public. While a fee will be charged for admission to the Planetarium, all expenses of the operation will be paid out of the income and no part of the proceeds, if any, will inure to private parties. Under Section 1.01A(7) of the Home Rule Charter, the County Commissioners are authorized, to provide museums and other recreational and cultural facilities....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 11334
the Legislature of the State of Florida: Section 1. (1) The owners or operators of pari:mutuel permits
CopyPublished | Court of Appeals for the Eleventh Circuit
Agency § 1(1), (2), cmt. d (1958). 13 See Restatement (Second) of Agency § 1(1), (2)
CopyPublished | United States Bankruptcy Court, S.D. Florida.
fund on an ongoing basis. Id. at §§ 8.10, 9.14. Section 1.1(b) of the Trust defines "Future Claim" as follows:
CopyPublished | Court of Appeals for the Eleventh Circuit
See FAA Advisory Circular 150/5190-6, Appendix 1 § 1.1(i) (Jan. 4, 2007). 2 As the County
CopyPublished | District Court, N.D. Florida | 2011 WL 2784238
Florida law, or Dixie County." Lamb Dep. Ex. 5 § 1.1 According to the guidelines, only residents of Dixie
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
purposes related to their duties by providing in section 1(1): In furtherance of its official duties, a state
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...ith the Court. [1] It is so ordered. QUINCE, C.J., and WELLS, ANSTEAD, PARIENTE, LEWIS, CANTERO, and BELL, JJ., concur. APPENDIX RULE 5.015. GENERAL DEFINITIONS (a) General. The definitions and rules of construction stated or referred to in sections
1.01 and
393.12, Florida Statutes, and chapters 731, 732, 733, 734, 735, 736, 738, 739, and 744, Florida Statutes, as amended from time to time, shall apply to these rules, unless otherwise defined in these rules....
...rson determined to lack capacity to consent to treatment under section
394.4598, Florida Statutes. Subdivisions (b)(5) through (b)(7) added to reflect 2008 amendments to section
393.12, Florida Statutes. Committee notes revised. Statutory References §
1.01, Fla....
...Hammock,
908 So.2d 512 (Fla. 5th DCA 2005), and subsequent subdivisions renumbered accordingly. Committee notes revised. 2008 Revision: Subdivision (a)(3)(A)(iii) revised to include "person with a developmental disability." Committee notes revised. Statutory References §
1.01(3), Fla....
CopyPublished | Supreme Court of Florida
...Lucie County, Florida, is under no obligation to pay the principal of this Certificate or interest thereon except from the proceeds of said five (5) mills levy on the dollar of the assessed valuation of all taxable property in St. Lucie County, Florida.” See also Article I, Section 1.01(G) of the authorizing resolution which we think concludes the question....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
Robert A. Butterworth Attorney General RAB/tcs 1 Section 1(1), Ch. 89-105, Laws of Florida. 2 Informal Opinion
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
obligations existing prior to July 1, 1973. Section
1.01(14), F. S., provides: . . . In construing
CopyPublished | Court of Appeals for the Eleventh Circuit
...secret is not preempted under Georgia law, PKM’s four claims at issue are clearly
“based” upon a trade secret, and thus are superceded by the GTSA. See Powell
Products, Inc. v. Marks,
948 F. Supp. 1469, 1474 (D. Colo. 1996) (citing Roger M.
Milgrim, Milgrim on Trade Secrets, §
1.01[4], at 1-68.14 (1996)) (Preemption is
appropriate where “other claims are no more than a restatement of the same
operative facts which would plainly and exclusively spell out only trade secret
misappropriation”).14
13
The complaint makes this fact abundantly clear....
CopyPublished | Florida 5th District Court of Appeal | 2017 Fla. App. LEXIS 568
...Thus, section
712.08 prohibits false filings by any “person.” It is irrelevant that Appellant was not a homeowners’ association as defined in section
720.301 or a homeowners’ association entitled to enforce use restrictions. As a corporation, Appellant is a “person” under the statute. See §
1.01(3), Fla....
CopyPublished | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 40, 1994 Fla. LEXIS 619, 1994 WL 11615
agencies. Id. The Attorney General also noted that section
1.01(9), Florida Statutes (1979), provides that the
CopyAgo (Fla. Att'y Gen. 1987).
Published | Florida Attorney General Reports
area around which community life may focus. Section 1(1) and (2), Ch. 81-405, supra. This legislation
CopyPublished | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 104, 1991 Fla. LEXIS 102, 1991 WL 7970
...Often, simple rewording can avoid the use of gender-specific language altogether. For example, the use of plural instead of singular pronouns will avoid gender-specific language entirely; and it does not change the meaning of the rules, since the courts must presume that plurals also encompass the singular. § 1.01(1), Fla.Stat....
CopyPublished | Supreme Court of Florida
...1977-2008 Revision: [No Changes]
2020: Revision: Subdivision (b)(1) amended to reference electronic original
documents consistent with section
732.526, Florida Statutes. Committee notes
revised.
Statutory References
§
1.01, Fla....
CopyPublished | Florida 5th District Court of Appeal
...person.” It is irrelevant that
Appellant was not a homeowners’ association as defined in section
720.301 or a
homeowners’ association entitled to enforce use restrictions. As a corporation, Appellant
is a “person” under the statute. See §
1.01(3), Fla....
CopyPublished | District Court, N.D. Florida
...To the contrary, FUSPA makes a "person" liable for "a civil penalty of not more than $1,000" for each violation of FUSPA "or any provision of federal law affording protections" to members of the military. Fla. Stat. §
250.905 . Florida law defines "person" to include private entities. Id. §
1.01(3)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...at 1308 (internal citation omitted) (quoting
USCA11 Case: 20-13735 Document: 59-1 Date Filed: 01/12/2023 Page: 111 of 126
32 WILLIAM PRYOR, C.J., dissenting 20-13735
RESTATEMENT (THIRD) OF AGENCY § 1.01 cmt....
CopyPublished | District Court of Appeal of Florida
...t the City of Miami falls within the exclusionary provisions of Section 59.14, Florida Statutes, F.S.A., by resorting to its decision in City of Miami v. Lewis,
104 So.2d 70 (Fla.App.3d 1958), which held that by virtue of the definition set forth in Section
1.01 (10), Florida Statutes, F.S.A., the words “public body” and “political subdivision,” as used in Florida Appellate Rule 5.12, included the term “cities.” The court then went on to hold that notwithstanding Florida Appellate Ru...
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
...90-577 ( 42 U.S.C.A. s. 4201 [2]) provides that `State' means `any of the several States of the United States . . . or any agency or instrumentality of a State , but does not include the governments of the political subdivisions of the State.' (Emphasis supplied.) Section 1.01 (9), F....
...ermits, and where a specific or different definition is not provided as a part of and in the context of some other statute. The Jacksonville Transportation Authority does not fall within any of the categories of `political subdivision' enumerated in s. 1.01 (9)....
CopyPublished | Supreme Court of Florida
...Any device or object involving a biological agent;
3. Any device or object that is designed or intended to release
radiation or radioactivity at a level dangerous to human or animal
life; or
4. Any biological agent, toxin, vector, or delivery system.
§ 1.01(8), Fla....
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
...hether a housing authority is an `agency' for purposes of the act. Section
287.055 (2), F. S., defines `agency' to mean `the state or a state agency, municipality, or political subdivision , a school district or a school board.' (Emphasis supplied.) Section
1.01 (9), F....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
74-161, supra, in pertinent part provides: Section 1. (1) Any person who is employed by any executive
CopyPublished | District Court of Appeal of Florida
...The County filed a motion to dismiss the complaint on the ground that it failed to ■state a cause of action; and, in addition, filed its answer to the complaint. For the most part in its answer, the County admitted the procedural history set forth in the complaint, but alleged that it was proceeding under § 1.01(A) (20) of the Charter which empowers the commissioners to: “Make investigations of county affairs, inquire into the conduct, accounts, records, and transactions of any department or office of the county, and for these purposes require repo...
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7236
Rule) Dade County. Specifically by subsection 21 of §
1.01 (A) of its charter the county is authorized to
CopyPublished | Supreme Court of Florida | 21 Employee Benefits Cas. (BNA) 1862, 22 Fla. L. Weekly Supp. 85, 1997 Fla. LEXIS 134, 1997 WL 67960
Administrative Code as of July 1, 1986. Ch. 89-253, § 1.1(5), Laws of Fla. The unions never challenged the
CopyPublished | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 17207, 2006 WL 237081
...Section
775.089(l)(c) defines a “victim” as a “person who suffers property damage or loss, monetary expense, or physical injury or death as a direct or indirect result of the defendant’s offense or criminal episode ....” (emphasis added). Section
1.01(3), Florida Statutes (2002), defines “person,” as follows: The word “person” includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. (emphasis added). The appellant argued below and argues on appeal that, since Escambia County is a political subdivision of the state, rather than a “person” as defined in section
1.01(3), section
775.089 does not authorize a restitution award in favor of the county. We do not agree, reverse the denial of restitution, and remand for further proceedings. In section
1.01(3), the legislature has defined “person” by providing a list of people and entities each of which is deemed a “person.” Because “person” “includes” the list of individuals and entities, we conclude that the legislature did not intend this list to be a limiting and exhaustive definition of the term....
...s, fencing, or other improvements of other persons. ...” (emphasis added). The Water Management District argued that it was not a “person” under section
704.01(2), because a body politic is not included within the definition of “person” in section
1.01(3), Florida Statutes (1979)....
...ntly not been waived. Chapter 704 does not define the word “person.” Consequently, appellant urges, chapter 1, which contains definitions for construction of all statutes where context permits, is therefore applicable. “Person” is defined in section 1.01(3) to include “individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.” A separate definition exists f...
...districts, special roads and bridge districts, bridge districts and all other districts in this state.” Thus, for purposes of chapter 704, appellant concludes, a special district is not a “person.” We disagree. Under the express provisions of section 1.01, the definitions contained therein apply only where the context permits....
...he crime victim, the state and its local subdivisions, or other aggrieved parties are not precluded from collecting ... moneys awarded by a restitution order under s.
775.089. ...” §
960.295(2), Fla. Stat. (2002)(emphasis added). Finally, reading section
1.01(3) to exclude a governmental unit from recovering *100 restitution as a victim, under a statute in which the crime victim is referred to as a “person,” would lead to absurd results. Several criminal statutes refer to crime victims by use of the term “person.” See, e.g., §§ 83
1.01,
831.02,
831.07,
831.09, Fla....
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
your letter, the Dade County Home Rule Charter section
1.01(A) authorizes the board of county commissioners
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
...318.18 (8) shall be paid monthly, in accordance with s.
318.21 , to the local governmental entity administering a school crossing guard program. (e.s.) See also, s.
34.191 (5) (containing identical language and enacted, as noted above, by the same session law). Section
1.01 (1), F.S., allows construction of the word "entity" to include the plural "entities," such that the s....
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
provided for in s. 200.191, F.S. (1980 Supp.) Section
1.01(e), Art. I, ch. 74-606, Laws of Florida, the
CopyPublished | Florida 4th District Court of Appeal
formula set forth in section 2.3 of the lease. But section 1.1(k) of the lease, titled “Operating Expenses,”
CopyPublished | Florida 4th District Court of Appeal
...“handwriting, printing, typewriting, and all other methods and means of
forming letters and characters upon paper, stone, wood, or other
materials,” is broad enough to encompass the agreement incorporated by
reference into the terms of the signature card in this case. § 1.01(4), Fla.
Stat....
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
district is a public body within the scope of section
1.01(8), Florida Statutes: The words "public body
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
`political subdivision' provided in s.
1.01(9), F.S. Section
1.01(9) provides, in pertinent part:
1.01 Definitions
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...s for service of formal notice. 2003 Revision: Committee notes revised. 2005 Revision: Subdivision (a)(3)(A) amended to delete requirement of court approval of commercial delivery service. 2006 Revision: Committee notes revised. Statutory References § 1.01(3), Fla....
CopyAgo (Fla. Att'y Gen. 1982).
Published | Florida Attorney General Reports
...1928); see also Dade County v. Little,
115 So.2d 19 (3 D.C.A. Fla., 1959). In Andrews v. Pal-Mar Water Control District,
388 So.2d 4 (4 D.C.A. Fla., 1980), pet. for rev. denied,
392 So.2d 1371 , 1373 (Fla. 1980), the Fourth District Court of Appeal, citing AGO 076-87 and s.
1.01 (9), F.S....
...n. Rabin v. Lake Worth Drainage District,
82 So.2d 353 (Fla. 1955) holds that a drainage district partakes of the sovereign immunity of the state. See also Seaboard Air Line R. Co. v. Sarasota-Fruitville D. Dist.,
255 F.2d 622 (5th *3239 Cir. 1958). Section
1.01 (9), F.S., defines the term "political subdivision" to include "all other districts in this state." The Formation of Local Government Act, ch....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 18923
...“(3) This section shall operate prospectively and not retrospectively and shall not affect the rights and obligations existing prior to July 1, 1973.” ****** Section 1 of Ch. 73-21, Laws of Fla. 1973, added a new definition under Title 1 of the Florida Statutes. This definition appears as Fla.Stat. § 1.01(14), and provides : “1.01 Definitions....
CopyPublished | Florida 3rd District Court of Appeal
7 “residential.” § 1.1, § 4, tbl.3, Miami 21. “Residential” is defined
CopyPublished | Florida 3rd District Court of Appeal
...The Board was authorized by both statute and Charter
to adopt an ordinance amending the fiscal year 2020–2021 budget.
§
129.06(2), Fla. Stat. (“The board at any time within a fiscal year may amend
a budget for that year . . . .”); Miami-Dade County, Fla., Code Part 1, Art. 1,
§
1.02(A) (2020); see also id. at §
1.01(A)(21) (“The Board’s powers shall
include but shall not be restricted to the powers to: ....
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
...Section
215.85 (2), f. S., states that the legislative intent was to provide `authorization for all public agencies to withdraw, pay, or disburse all public funds in their control to the account of the person entitled to receive such funds.' (Emphasis supplied.) Section
1.01 (3), F....
CopyPublished | Supreme Court of Florida | 1969 Fla. LEXIS 2542
...aste rendering plant because its emission of noxious odors created a health hazard. The Control Officer acted under the authority of, and in accordance with, the provisions of the Metropolitan Dade County Pollution Control Ordinance, Ord. No. 63-14, § 1.01, April 23, 1963....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 20494, 2011 WL 6438004
...[2] The crime becomes a first-degree felony when a person obtains or attempts to obtain $50,000 or more by the commission of an aggravated white-collar crime against (a) ten or more elderly persons, as defined in section
825.101(5), (b) twenty or more persons, as defined in section
1.01, or (c) the State of Florida, any state agency, any of the state's political subdivisions, or any agency of the state's political subdivisions....
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
...aid contract.' I am unaware of and no judicial decision has been brougnt to my attention which considered, applied, or defined these or similar statutory terms in a similar or related context to that in which they are used in s.
153.12 (2)(b), F. S. Section
1.01 (9), F....
...`counties, cities , towns, villages, special tax school districts, special road and bridge districts, bridge districts and all other districts in this state.' (Emphasis supplied.) Although s.
153.12 (2)(b), F. S., does not use the exact language of s.
1.01 (9), it seems clear that the term `body' as it appears in the phrase ` any district, private corporation, board, body or person supplying water to or selling water for the use on such premises' (Emphasis supplied.), within the context of that section and the provisions and purposes of part I of Ch. 153, F. S., as a whole, encompasses by necessary implication all public bodies `supplying water to or selling water for the use on such premises' or a `public body' as defined by s.
1.01 (9), as well as private corporations or persons who may be furnishing or supplying water service to the owner or occupant of those premises designated in the statute....
...rms thereof. Therefore, unless and until it is judicially or legislatively determined otherwise, it is my opinion that the term `body,' as used in s.
153.12 (2)(b), includes a municipality within the definition of the term `public body' set forth in s.
1.01 (9)....
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
not be interpreted to mean only individuals. Section
1.01(3), F.S., provides that in construing the Florida
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
...s, privileges, and obligations of all persons 21 years of age or older except as otherwise excluded by the State Constitution immediately preceding the effective date of this section and except as otherwise provided in the Beverage Law." 3 Likewise, section 1.01 (13), Florida Statutes, provides that the word "minor" includes persons who have not attained the age of 18 years....
CopyPublished | Florida 1st District Court of Appeal | 8 Envtl. L. Rep. (Envtl. Law Inst.) 20035, 1977 Fla. App. LEXIS 16536
county commission is empowered under Article 1, Section
1.01(A)(9) and (12) of the Home Rule Charter of Metropolitan
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 12172, 2001 WL 987316
...Nevertheless, these affidavits set forth a prima facie case of premature deliberations by two members of the jury. See Johnson,
696 So.2d at 323 . If such premature deliberations occurred, the jurors violated the trial court’s instructions. See Fla. Std. Jury Instr. (Crim) §
1.01, at 4 (Pretrial Instructions) (“You should not form any definite or fixed opinion on the merits of the case until you have heard all the evidence, the argument of the lawyers and the instructions on the law by the judge....
CopyPublished | Court of Appeals for the Eleventh Circuit
so to act." Restatement (Second) of Agency § 1(1) (1958). The affidavits submitted in support of
CopyPublished | Court of Appeals for the Eleventh Circuit
other so to act.” Restatement (Second) of Agency § 1(1) (1958). The affidavits submitted in support of
CopyPublished | Court of Appeals for the Eleventh Circuit
Dissenting 18-12344 Actions § 1:1 (18th ed., Oct. 2021 update) [hereinafter McLaughlin]
CopyPublished | District Court, S.D. Florida | 1985 U.S. Dist. LEXIS 16416
to the Ryder System, Inc. Retirement Plan” at Section 1.1(A)(47)(C) adjusted the benefits to be paid for
CopyPublished | District Court, M.D. Florida | 1973 U.S. Dist. LEXIS 12140
complaint is dismissed without prejudice. . Section 1. (1) A person commits the offense of distributing
CopyPublished | District Court, S.D. Florida | 1986 U.S. Dist. LEXIS 21146
instrument relevant to this appeal include: Section 1.1 provides— Objective and Purpose of Trust. The
CopyPublished | Court of Appeals for the Eleventh Circuit
achieved or occurs”); Restatement (Second) of Agency § 1(1) (ALI 1958) (“Agency is the fiduciary relation which
CopyPublished | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 535, 2001 Fla. LEXIS 1661, 2001 WL 950273
...See §§
166.021,
166.111(1),
166.141, Fla. Stat. (2000); see also Boschen,
777 So.2d at 963; Washington Shores Homeowners' Ass'n v. City of Orlando,
602 So.2d 1300, 1302 n. 2 (Fla.1992). The City's Charter also vests it with broad authority to issue bonds. See Charter art. I, §
1.01, art....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Apr 27, 2023
using [Air Traffic Organization] directives.” ATCM § 1-1- 2. FAA facilities operate inside jurisdictional
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 12167, 2010 WL 3238978
...CASANUEVA, C.J., and KELLY, J., Concur. NOTES [1] Although it does not affect our determination of this case, we observe that Dialysis Constructors, Inc., is currently an inactive Nevada for-profit corporation formerly licensed to do business in the State of Florida. [2] Section 1.01(3), Florida Statutes (2010), defines "person" to include "individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combin...
CopyPublished | Florida 5th District Court of Appeal
10 Protection of American Seamen, ch. 36, § 1, 1 Stat. 477 (1796). The statute required federal
CopyPublished | Court of Appeals for the Eleventh Circuit
Northern for at least five years. Pursuant to section 1.1 of the Plan, Lyons’ accrued pension benefit was
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
nearly as practicable . . . equal in population." Section
1.01(7), Florida Statutes, was also discussed and
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
...opulation. 3 Following the directive of Article VIII , section 1 (e), Florida Constitution, for creating districts that are as nearly equal in proportion to population as is possible, the statute restricts such reapportionment to odd-numbered years. Section 1.01 (7), Florida Statutes, states: "Reference to the population or number of inhabitants of any county, city, town, village, or other political subdivision of the state shall be taken to be that as shown by the last preceding official decenn...
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
the state employing law enforcement officers. Section
1.01(9), F. S., provides that in construing Florida
CopyPublished | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 197, 2016 WL 1700521, 2016 Fla. LEXIS 885
I, § 9, Fla. Const.; U.S. Const. amend. XIV, § 1. 1 This issue arises out of a question certified
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 4433, 1995 WL 238757
...fraudulent” conduct was already specified in subsection (1) as activity which would preclude application of the “valued policy law.” Moreover, while it is true that the subsection refers to “the insured,” the Hallcoms’ argument overlooks section 1.01(1), Florida Statutes (1993) (“Li]n construing these statutes and each and every word, phrase, or part hereof, where the context will permit ......
CopyPublished | Court of Appeals for the Eleventh Circuit
...issued a dividend to shareholders—the majority of whom were company
insiders—and planned to spin off the company’s profitable microloan lending
business. Plaintiffs argued that these actions were fraudulent transfers intended to
3
Section 1.01 of the Indentures defines the term “Default.” The parties agree that no
Default has occurred here.
4
Directors and Officers were added as defendants in May 2010.
4
benefit company insiders....
CopyPublished | Florida 2nd District Court of Appeal
...we conclude that the LPS is an individual minimum sentence which applies to each felony at sentencing for which the LPS exceeds that felony's statutory maximum sentence, regardless of whether the felony is the primary or an additional offense. 8 See § 1.01(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...sentence which applies to each felony at sentencing for which the LPS exceeds that
- 12 -
felony's statutory maximum sentence, regardless of whether the felony is the primary or
an additional offense.8 See § 1.01(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 7632
attained the age of majority on the date Florida Statute
1.01(14) [F.S.A.] became effective, thereby ending
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
political subdivision of this state. . . ." Section
1.01(9), F.S., defines "public body," "body politic
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6628
...rovide an access road for certain property. Read liberally, it charges that the $1,000.00 was unauthorized compensation since the defendant in his capacity as a County Commissioner was under an existing duty [by virtue of Subsections (1) and (20) of Section 1.01(A) of the Charter 4 ] to do that for which Kirsner was paying him....
...ce, non-performance, or violation of any act, rule or regulation” is defined generically, the charging instrument must specify just what act, rule or regulation the defendant is alleged to have violated. The contents of Subsections (1) and (20) of Section 1.01(A) are undisputed material facts....
...ca, from Hyman Kirsner, for the present or future performance of any act, rule, or regulation that may be or may have been incumbent upon HAROLD A. GREENE to administer, respect, perform, execute or have executed, to wit: Subsections (1) and (20) of Section 1.01 (A) of the Charter of Metropolitan Dade County, in that HAROLD A....
...GREENE’s promise to advise Hyman Kirsner as to whether the Public Works Department of Metropolitan Dade County, Florida, was to provide an access road for a parcel of land of which Hyman Kirsner was a prospective buyer, notwithstanding that Subsections (20) and (1) of Section 1.01(A) of the Charter of Metropolitan Dade County, Florida, bestowed upon HAROLD A....
CopyPublished | Supreme Court of Florida
cases); Or. Unif. Civ. Jury Instrs., Users’ Guide § 1.1, (explaining that the Oregon State Bar’s uniform
CopyPublished | United States Bankruptcy Court, M.D. Florida | 12 Fla. L. Weekly Fed. B 294, 1998 Bankr. LEXIS 1874, 1998 WL 777060
Thomas E. Baynes, Jr. Mortgages, The Law in Florida, § 1-1 (1993). "A mortgage shall be held to be a specific
CopyPublished | Court of Appeals for the Eleventh Circuit
Arbitration and Investor-State Arbitration § 1.1 cmt. uu (ALI Proposed Final Draft 2019)
CopyPublished | Supreme Court of Florida
...Any device or object involving a biological agent;
3. Any device or object that is designed or intended to release
radiation or radioactivity at a level dangerous to human or animal
life; or
4. Any biological agent, toxin, vector, or delivery system.
§ 1.01(8), Fla....
CopyPublished | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 233, 2001 Fla. LEXIS 732, 2001 WL 359524
City with broad authority. See Charter art. I, §
1.01, art. IX. Moreover, the City’s Bond Ordinance specifically
CopyPublished | District Court, S.D. Florida | 2017 WL 1319576, 2017 U.S. Dist. LEXIS 54467
...This Court has original jurisdiction over the federal claims pursuant- to 28 U.S.C. § 1331 and supplemental jurisdiction over the state claims pursuant to 28 U.S.C. § 1367 . Plaintiffs are for-hire taxicab license holders in Miami-Dade County that are governed by the Miami-Dade County Code of Ordinances (“Code”). 2 Section 1.01(A)(3) of ‘ the Miami-Dade County Home Rule Charter expressly grants the Board of County Commissioners the power to “[Rícense and regulate taxis, jitneys, limousines for hire, rental cars, and other *1300 passenger vehicles for hire...
