CopyCited 26 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 29936
...may be entrapped into violating prior to the bringing of formal charges against them. Therefore, appellants must show that all possible applications of the ordinance are void-for-vagueness 19 Fla.Stat. §
538.03(1)(i)(5) (Supp.1990) 20 See Fla.Stat. §
538.17 ("Nothing in this chapter shall preclude political subdivisions of the state and municipalities from enacting laws more restrictive than the provisions of this chapter.") (1989) 21 See Diversified Numismatics, Inc., 615 F.Supp....
CopyCited 4 times | Published | District Court, M.D. Florida | 1990 U.S. Dist. LEXIS 19975, 1990 WL 324082
...Plaintiffs maintain that such an exception is part of the precious metal law of Florida. Although the State of Florida exempts coin dealers from its precious metals statute, Fla.Stat. §
538.03(2)(g), the State also allows municipalities to enact more restrictive precious metals ordinances. Id. §
538.17....
...As such, in the amended ordinance, a coin that is mounted in a jewelry setting is included in the definition of a precious metal. The difference in the amended ordinance from the Florida statutes is proper; the City is free to draft a more restrictive ordinance under Florida law. Id. § 538.17....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
...may be entrapped into violating prior to the bringing of formal charges against them. Therefore, appellants must show that all possible applications of the ordinance are void-for-vagueness. . Fla.Stat. §
538.03(l)(i)(5) (Supp.1990). . See Fla.Stat. §
538.17 ("Nothing in this chapter shall preclude political subdivisions of the state and municipalities from enacting laws more restrictive than the provisions of this chapter.”) (1989)....
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
...itional restrictions on secondary metals recyclers who are currently regulated under Part II, Chapter 538 , Florida Statutes, or do those statutory provisions preempt this area of regulation to the state? In sum: Hillsborough County is authorized by section 538.17 , Florida Statutes, to adopt more restrictive local regulations for secondary metals recyclers than those set forth in Part II, Chapter 538 , Florida Statutes....
...ich conflicts with state law or on a subject which has been preempted to state regulation. Nothing in Chapter 538 , Florida Statutes, indicates that the Legislature intended to preempt the field of regulation of secondary metals recyclers. 8 Rather, section 538.17 , Florida Statutes, specifically provides: "Nothing in this chapter shall preclude political subdivisions of the state and municipalities from enacting laws more restrictive than the provisions of this chapter." While this language app...
...Resort is first had to the language of the statute itself; however, when the language itself is unclear, the legislative history may be consulted for the purpose of determining the legislative intent. 10 The Legislature did not intend by enacting Part II, Chapter 538 , Florida Statutes, or by placing section 538.17 , Florida Statutes, in the first section of that chapter, to preempt the field of local regulation of secondary metals recyclers....
