Arrestable Offenses / Crimes under Fla. Stat. 20.19
CopyCited 22 times | Published | Florida 1st District Court of Appeal
...ure. Nonetheless, as pointed out by appellants, transfers of appropriated monies among agency programs are strictly within the secretary's executive discretion and only permitted if deemed necessary by changed conditions. See sections
216.292(2) and
20.19(9)(b), Fla. Stat. In turn, budgetary decision-making is strictly within the secretary's executive discretion. See section
20.19(9)(a) and (b). Section
20.19(9) is a corollary to sections
216.023 and
216.031 which place responsibility for making budget requests for submission to the legislature and the Governor in the head of each state agency....
...d are an unlawful violation of the secretary's executive privilege in derogation of the doctrine of separation of powers. They maintain that as a high official in the executive branch of the government who serves at the pleasure of the Governor, see section 20.19(2)(a), Secretary Coler is entitled to an immunity from any such requirement....
CopyCited 18 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1041
...ng. Second, the discovery rules were not designed to achieve such goals, but to fairly and reasonably aid the litigation process. It is for other agencies of government to act in detecting and preventing the spread of infectious diseases. See, e.g., § 20.19(1)(g), Fla....
...ng. Second, the discovery rules were not designed to achieve such goals, but to fairly and reasonably aid the litigation process. It is for other agencies of government to act in detecting and preventing the spread of infectious diseases. See, e.g., § 20.19(1)(g), Fla....
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit
... Case: 17-11231 Date Filed: 12/14/2018 Page: 15 of 22
HCSO is carrying out state policy. Specifically, HCSO contracted to perform
child-protective investigations for DCF, a state agency entitled to sovereign
immunity. See Fla. Stat. § 20.19....
CopyCited 10 times | Published | District Court, N.D. Florida
...nvestigation to be made and shall in turn, upon determining probable cause, notify the state attorney. The department shall, within 24 hours of receipt of the report, notify the appropriate human rights advocacy committee, as established pursuant to s. 20.19(7), that an alleged abuse has occurred....
...Therefore, this administrative scheme does not meet the "minimum conditions" of Patsy and does not require exhaustion.
634 F.2d at 912. D. STATEWIDE AND DISTRICT HUMAN RIGHTS ADVOCACY COMMITTEES The defendants concede that the Statewide and District Human Rights Advocacy Committees established in Section
20.19, Florida Statutes (Supp.1980), fail to meet the "minimum conditions" and therefore would not require exhaustion before the plaintiffs' civil rights claims could be entertained by this court....
CopyCited 10 times | Published | District Court, N.D. Florida
...The present controversy arose when the Legislature of the State of Florida enacted legislation in 1975 reorganizing the internal structure of HRS, the designated sole state agency in Florida for the administration of vocational rehabilitation services. Chapter 75-48, Laws of Florida 1975, Florida Statutes § 20.19....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2002 WL 31431796
...th in findings supported by the evidence, we affirm. I. F.E. was born on February 4, 1994. Because he had cocaine in his system, the Department of Health and Rehabilitative Services (predecessor of the Department of Children and Family Services, see § 20.19, Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...State, Dep't of Admin., Div. of Retirement,
522 So.2d 962 (Fla. 1st DCA 1988). [2] On October 1, 1996, hearing officers of the Division of Administrative Hearings became "administrative law judges." Ch. 96-159, § 31, at 199, Laws of Fla. [3] As recently amended, section
20.19, Florida Statutes (Supp.1996), redesignates the Department of Health and Rehabilitative Services as the Department of Children and Family Services....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...1.494(8)(a) provides that department review of CON applications shall be in accordance with the district plans. See also § 381.494(6)(c)1. Appellants' proposed facilities would be located in district 5 which consists of Pinellas and Pasco Counties. Section 20.19(4)(a), Florida Statutes.
CopyCited 1 times | Published | District Court, N.D. Florida | 1978 U.S. Dist. LEXIS 18741
...The present controversy arose when the Legislature of the State of Florida enacted legislation in 1975 reorganizing the internal structure of HRS, the designated sole state agency in Florida for the administration of vocational rehabilitation services. Chapter 75-48, Laws of Florida 1975, Florida Statutes § 20.19....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1998 WL 161269
...ve Services, which had apparently been responsible for administering the trust fund referenced in section
561.19(5), became an entity of the Department of Children and Family Services when it was created. See ch. 96-403, § 5, Laws of Fla.; see also §
20.19(4)(b)4., Fla....
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
...board request a private entity to hire an individual to represent the interests of the department. Full-time employees of the board, however, may represent the interests of the board subject to the restrictions in section
11.062 , Florida Statutes. Section
20.19 (7), Florida Statutes, creates at least one Health and Human Services Board in each service district of the Department of Children and Families for the purpose of "encouraging the initiation and support of interagency cooperation and co...
...obbying services beneficial to the department. Full-time employees of the board, however, may engage in lobbying activities subject to the restrictions in section
11.062 , Florida Statutes. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 Section
20.19 (7)(l), Fla. Stat. (1996 Supp.) 2 Section
20.19 (7)(o)6.c., Fla....
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
Administration to approve such bonus payments. Section
20.19(3), F.S., however, merely states that the Deputy
CopyPublished | District Court of Appeal of Florida | 20 Educ. L. Rep. 1276, 9 Fla. L. Weekly 2012, 1984 Fla. App. LEXIS 15069
BOARDMAN, Acting Chief Judge. Appellant, the district VIII 1 human rights advocacy committee, is an entity created under section 20.19(7), Florida Statutes (Supp.1982), to receive, investigate, and resolve “reports, of abuse or deprivation of constitutional and human rights within the area of jurisdiction of the committee.” 2 In discharge of its perceived duties, t...
...chool’s educational psychologists. The trial court denied the committee’s petition, and this timely appeal ensued. For the reasons discussed below, we affirm. Although this is a case of first impression, we believe that the statutory language of section 20.19(7)(g) properly resolves the controversy concerning the committee’s entitlement to confidential public school records, particularly when read in conjunction with section 228.093, Florida Statutes (1981). As pertinent to this appeal, section 20.19(7)(g) provides: The duties of each district human rights advocacy-committee shall include, but are not limited to: 1....
...any entity for any purpose. Finally, we find our conclusion that the committee’s “area of jurisdiction” is limited to the narrow, department-oriented field of operation described in section 20.-19(7)(g)l bolstered by the language set forth in section 20.19(7)(g)2, which immediately follows the statutory discussion of the committee’s entitlement to client records....
...While we acknowledge the persuasiveness of the committee’s argument, we are constrained by the legislature’s failure to grant the committee access to confidential records under any authority other than that already discussed. The restrictive language appearing in section 20.19(7)(g) becomes particularly significant when the statute is construed in conjunction with section 228.093, Florida Statutes (1981), the portion of the Florida School Code dealing with student records, which recognizes a strong privacy interest of every student with regard to his educational records....
...In the absence of specific language giving the committee access to confidential public school records, we are unwilling to usurp the legislative function by creating a judicially prescribed exception to the protection afforded by the statute. Accordingly, we AFFIRM. OTT and CAMPBELL, JJ., concur. . Section 20.19(7)(a), Florida Statutes (Supp....
...1982), mandates the creation of at least one district human rights advocacy committee for each service district of the Department of Health and Rehabilitative Services. District VIII includes Polk, Hardee, Highlands, Sarasota, DeSoto, Charlotte, Lee, Glades, Hendry, and Collier counties. Id., § 20.19(4)(a). . § 20.19(7)(g)2, Fla.Stat....
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
...ies and municipalities; and corporations primarily acting as instrumentalities or agencies of the state, counties, or municipalities, including the Spaceport Florida Authority. 3 The Health and Human Services Boards are established by state statute. Section 20.19 , Florida Statutes, in setting forth the structure of the Department of Health and Rehabilitative Services, provides in subsection (7) of the statute for the establishment, membership, terms of office and duties of such Health and Human Services Boards....
...aiver of sovereign immunity as contained in section
768.28 (9)(a), Florida Statutes. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 Section
768.28 (5), Fla. Stat. (1994 Supp.). 2 Id. 3 See, s.
768.28 (2), Fla. Stat. (1994 Supp.). 4 See, s.
20.19 (7)(a), Fla....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 697, 2013 WL 5476883, 2013 Fla. LEXIS 2139
...manency Hearings); and Form 8.947 (Disposition Order — Delinquency). The majority of the proposals are in response to recent statutory amendments. See ch.2012-81, § 1, Laws of Fla. (amending §
39.802(4)); ch.2012-84, § 2, Laws of Fla. (amending §
20.19, Fla....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
93-200, Laws of Florida. 4 Section
20.19(8)(k), F.S., id. 5 Section
20.19(8)(o)1.-6., F.S. (1992 Supp
CopyPublished | District Court, S.D. Florida | 2011 WL 4914715, 2011 U.S. Dist. LEXIS 155752
...South Florida luxury hotel market. Fairmont contends that the parties understood that, although FHR TB LLC was the operator under the HMA, FHRUSI was in some practical respects the hotel manager because all notices under the HMA are to go to FHRUSI (Section 20.19, HMA) and because, as the HMA contemplates, the parent supplied the reservations systems, employee hiring software, proprietary information, and many other tools Fairmont used to perform the HMA....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2195, 1984 Fla. App. LEXIS 15459
which consists of Pinellas and Pasco Counties. Section
20.19(4)(a), Florida Statutes.
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
Board is limited to the number prescribed by section
20.19(8)(a)10., Florida Statutes, or whether section
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
department cannot identify any provision in either section
20.19, Florida Statutes, the organizational statute
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 10729, 2015 WL 4268719
...3d DCA
8
charged with protecting children and families, DCF should have a keen interest in
the outcome of this case and how we interpret the applicable law.
DCF is the agency responsible for the administration of Chapter 39 of the
Florida Statutes. See § 20.19, Fla....
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
...department is required to notify the state attorney. The following opinion is expressly limited to a consideration of the responsibilities and authority of the Department of Health and Rehabilitative Services under the provisions of s. 827.09, F. S. Section 20.19 (1)(b), F....
...Anastasia Mosquito Control District,
148 So.2d 64 (1 D.C.A. Fla., 1963). The department is also required, within 24 hours of receiving such a report of abuse, to notify, verbally or in writing, the appropriate human rights advocacy committee, as established pursuant to s.
20.19 (7), F....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 45
...e. Nonetheless, as pointed out by appellants, transfers of appropriated monies among agency programs are strictly within the secretary’s executive discretion and only permitted if deemed necessary by changed conditions. See sections
216.292(2) and
20.19(9)(b), Fla. Stat. In turn, budgetary decision-making is strictly within the secretary’s executive discretion. See section
20.19(9)(a) and (b). Section
20.19(9) is a corollary to sections
216.023 and
216.031 which place responsibility for making budget requests for submission to the legislature and the Governor in the head of each state agency....
...are an unlawful violation of the secretary’s executive privilege in derogation of the doctrine of separation of powers. They maintain that as a high official in the executive branch of the government who serves at the pleasure of the Governor, see section 20.19(2)(a), Secretary Coler is entitled to an immunity from any such requirement....
CopyAgo (Fla. Att'y Gen. 1987).
Published | Florida Attorney General Reports
majority vote of the district committee members. Section
20.19(8)(a), supra. The duties of each district human
CopyPublished | Court of Appeals for the Eleventh Circuit
...ious delays
1
In 1996, the Florida Legislature redesignated the Department of Health and
Rehabilitative Services as the Department of Children and Family Services and
established a separate Department of Health. See Fla. Stat. Ann. § 20.19, .43 (West Supp.
1998).
2
Under the ICF/DD program:
Each client must receive a continuous active treatment program, which
3
have occurred....
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
...Tamayo General Counsel Florida Department of Children and Families 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Dear Ms. Tamayo: On behalf of the Department of Children and Families, you have requested my opinion on substantially the following question: Is a member of a community alliance created pursuant to section
20.19 (6), Florida Statutes, an officer, employee, or agent of the state or of any of its subdivisions for purposes of the state's waiver of sovereign immunity contained in section
768.28 (9)(a), Florida Statutes? In sum: A member of a commun...
...lic defenders), and the independent establishments of the state; counties and municipalities; and corporations primarily acting as instrumentalities or agencies of the state, counties, or municipalities, including the Spaceport Florida Authority." 3 Section 20.19 (6), Florida Statutes, requires the Department of Children and Families (DCF), in consultation with local communities, to establish community alliances of the "stake-holders, community leaders, client representatives and funders of huma...
...sistently with department policy and state and federal laws, rules, and regulations, 9 and must submit annual disclosure statements of interests in services within the purview of the alliance. 10 Community alliances are established by state statute. Section 20.19 , Florida Statutes, in setting forth the structure of the Department of Children and Family Services, provides in subsection (6) of the statute for the establishment, membership, and duties of the community alliances....
...14 Based on similar considerations, community alliances would also appear to fall within the definition of state agencies or subdivisions for purposes of section
768.28 , Florida Statutes. 15 Therefore, it is my opinion that a member of a community alliance created pursuant to section
20.19 (6), Florida Statutes, is an "officer, employee, or agent of the state or any of its subdivisions" for purposes of the waiver of sovereign immunity contained in section
768.28 (9)(a), Florida Statutes. Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 Section
768.28 (5), Fla. Stat. 2 Id . 3 See , s.
768.28 (2), Fla. Stat. 4 Section
20.19 (6)(b), Fla. Stat. 5 Section
20.19 (6)(d), Fla. Stat. 6 Section
20.19 (6)(e), Fla. Stat. 7 Section
20.19 (6)(f), Fla. Stat. 8 Section
20.19 (6)(g), Fla. Stat. 9 Section
20.19 (6)(h), Fla. Stat. 10 Section
20.19 (6)(i), Fla. Stat. 11 See , s.
20.19 (6)(a), Fla....
...(1994 Supp.), providing that the Department of Children and Family Services shall, in consultation with local communities, create a community alliance in each county or in more than one county when such arrangement is determined to provide for more effective representation. 12 Section 20.19 (6)(j), Fla....
CopyAgo (Fla. Att'y Gen. 2011).
Published | Florida Attorney General Reports
...overnmental unit, including facilities of the United States Government." 5 Section
394.76 (3)(b), Fla. Stat. 6 A footnote relates that health and human services boards were abolished by s. 2, Ch. 2000-139 , Laws of Fla., which substantially reworded s.
20.19 , Fla. Stat. Section
20.19 (6), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...loyment in positions having
direct contact with children or vulnerable adults. We affirm in all
respects but write to explain our reasoning.
DCF was created to work with local communities to promote strong
families and protect individuals. See § 20.19(1)(a), Fla....
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
...Josefina M. Tamayo General Counsel Department of Children and Families 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Dear Ms. Tamayo: You ask substantially the following question: May public officers serve on Community Alliances pursuant to section 20.19 (6), Florida Statutes, without violating the constitutional prohibition against dual officeholding? In sum: Public officers of the entities enumerated in section 20.19 (6), Florida Statutes, may serve on Community Alliances in an ex officio capacity without violating the dual officeholding prohibition in section 5 (a), Article II , Florida Constitution....
...In such cases, newly assigned duties are viewed merely as an addition to existing responsibilities." Reorganization of the Department of Children and Families during the 2000 legislative session included the elimination of health and human services boards. 4 Section 20.19 (6), Florida Statutes, as amended by Chapter 2000-139 , Laws of Florida, requires the Department of Children and Families, in consultation with local communities, to establish community alliances of the "stake-holders, community leaders...
...reclude the presiding official or officer of such entity from serving as that representative in an ex officio capacity. Accordingly, it is my opinion that a state, county or municipal officer who presides over the governmental entities prescribed in section 20.19 (6), Florida Statutes, may serve on a community alliance in an ex officio capacity without violating the dual officeholding prohibition in section 5 (a), Article II , of the Florida Constitution....
...69-2 (1969) and 80-97 (1980). 2 State ex rel. Holloway v. Sheats,
83 So. 508 , 509 (Fla. 1919). See also, State ex rel. Clyatt v. Hocker ,
22 So. 721 (Fla. 1897). 3
394 So.2d 110 , 112 (Fla. 1981). 4 See, s. 2, Ch. 2000-139 , Laws of Fla., substantially rewording s.
20.19 , Fla. Stat. 5 Section
20.19 (6)(b), Fla. Stat. 6 Section
20.19 (6)(d), Fla. Stat. 7 Section
20.19 (6)(e), Fla. Stat. 8 Section
20.19 (6)(f), Fla. Stat. 9 Section
20.19 (6)(g), Fla. Stat. 10 Section
20.19 (6)(h), Fla. Stat. 11 Section
20.19 (6)(i), Fla. Stat. 12 See, s.
20.19 (8), Fla....
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
following question: Does the recent amendment to section
20.19(6), Florida Statutes, apply to current members
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
Robert A. Butterworth Attorney General RAB/tjw 1 Section
20.19(10)(g)1., F.S. And see, s.
20.19(9)(g)1., imposing
CopyPublished | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 408, 1984 Fla. App. LEXIS 16610
...Further, we deem that the mandate of this court in Gulf Coast Hospital, Inc., supra, requires that Gulf Coast’s application for a CON be given priority over any other osteopathic facility’s application for a CON ⅛ the District VIII service district. It is so ordered. BOOTH and JOANOS, JJ., concur. . See Section 20.19(4)(a), Florida Statutes (1983)....
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
...units called `offices,' integral to the positions of deputy secretary, assistant secretary, and deputy assistant secretary, and organizational units called `program offices,' which shall operate in a staff capacity to the assistant secretary for program planning and development. Section 20.19 specifically establishes the organizational structure of the Department of Health and Rehabilitative Services, and an examination of that section reveals *3932 that county public health units established and maintained under the provisions of part I, ch....
