CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 1577, 1990 WL 25937
...alcoholic beverages in all establishments licensed by the state. Part III of that ordinance, sections
154.301-154.306, governs the Sunday sale of alcoholic beverages in establishments selling food prepared, served and consumed on the premises. Under section
154.302, persons operating bona fide restaurants under a restaurant license and licensed by the State Division of Alcoholic Beverages and Tobacco may serve alcoholic beverages on Sunday....
...der on Injunction” finding, among other things, that the ordinance in question violates the due process provisions of the Fifth Amendment of the Constitution of the United States, and enjoining the City and the Sheriff from enforcement of sections
154.302 through
154.306 of the ordinance, with respect to C.J....
CopyPublished | Supreme Court of Florida | 12 Fla. L. Weekly 48, 1987 Fla. LEXIS 1376
...y to provide post-emergency medical care is established by three statutory provisions: (1) article XIII, section 3, of the 1885 Florida Constitution, presently a statute as interpreted in Cleary v. Dade County,
160 Fla. 892,
37 So.2d 248 (1948); (2) section
154.302, Florida Statutes (1981); and, (3) section
155.16, Florida Statutes (1981)....
...We find no legislative mandate in present statutes to impose this duty on the counties of this state; in fact, a contrary legislative intent appears in other legislation discussed below. See §
155.03, Fla. Stat. (1985). With regard to the second statutory basis, American argues that section
154.302, Florida Statutes (1977), sets forth the clear legislative intent to impose on the county a duty to provide indigent medical care. Section
154.302 provides:
154.302 Legislative intent....
...a resident of the State of Florida but is not a resident of the county in which the regional referral hospital is located shall be the obligation of the county of which the certified indigent patient is a resident. We reject American's argument that section 154.302 has the broader legislative purpose of placing a general financial duty for indigent medical care on each of Florida's counties....
...I also agree that chapter 155, Florida Statutes (1985), upon which the court in part relies for the proposition that counties are not obligated to spend county funds on hospitals they agree to operate, [2] does not apply to this case. I have some difficulty with the Court's somewhat cavalier dismissal of section
154.302, Florida Statutes (1985), [3] which seems to be a very straightforward statement of intent to impose a duty on counties, appearing as it does as a part of "The Florida Health Care Responsibility Act." [4] Even accepting the Court's conclusion that section
154.302 was intended to work only in concert with section
154.306, Florida Statutes (1985), pertaining to the treatment of one county's resident at another county's hospital or a "regional referral hospital," one is left to wonder why a count...
...Dade County,
160 Fla. 892,
37 So.2d 248 (1948). [2] §
155.03, Fla. Stat. (1985) ("[N]othing herein shall require the board of county commissioners to expend any funds of the county in the maintenance of such hospital or the administration of such trust."). [3] Section
154.302 provides as follows: It is the intent of the Legislature to place the ultimate financial obligation for the medical treatment of indigents on the county in which the indigent resides, for all those costs not fully reimbursed by other governmental programs or third-party payors....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 25114, 3 Soc. Serv. Rev. 1099
WALDEN, Judge. This is an appeal from an administrative action under Florida Rule of Appellate Procedure 9.030(b)(1)(C). It requires an interpretation of portions of The Florida Health Care Responsibility Act: 154.302 Legislative intent It is the intent of the Legislature to place the ultimate financial obligation for the medical treatment of indigents on the county in which the indigent resides, for all those costs not fully reimbursed by other governmental programs or third-party payors....
...We read, re-read, and studied the statutes in light of the able advice of counsel. While not a model of clarity, we find that they are sufficiently clear and reconcilable so as to not require construction or nullification, in whole or part. As we see it, the legislative intent announced in Section
154.302, Florida Statutes (1981), is basically repeated in the first sentence of Section
154.306, Florida Statutes (1981)....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 520, 1984 Fla. App. LEXIS 12565
...are for the indigent, sick and poor in all of Dade County .... ”), and this constitutional requirement remains in full effect, albeit at a statutory level, by operation of article XII, section 10 of the 1968 Constitution of the State of Florida. 2 Section 154.302, Florida Statutes (1981), provides that “[i]t is the intent of the Legislature to place the ultimate financial obligation for the medical treatment of indigents on the county in which the indigent resides, for all those costs not fu...
