CopyCited 34 times | Published | Court of Appeals for the Eleventh Circuit
...Although the APA does not apply to suspension or revocation adjudications, the state has not given the Commission unfettered discretion in this area. Instead, the state allows the Commission to suspend or revoke a license for a limited number of grounds. See Fla. Stat. 548.071. Also, the state requires a majority of the Commission to examine the record and approve the adjudication and order. See Fla. Stat. 548.073....
...iance). 10 3.Funding 21 The Tribe also contends that the Florida Commission is fiscally independent because it does not rely upon state funds to support its operations. Instead, the Commission raises its own funds to pay its expenses. See Fla. Stat. 548.077....
...455.219(4). Additionally, the DPR submits to the legislature an annual report on the Commission which includes a breakdown of the Commission's revenue and expenses and a condensed version of the Commission's long-range plan. See id. 22 Furthermore, section 548.077 reinforces the notion that the Commission is an arm of the state....
...Thus, this factor also supports the proposition that the Commission is an arm of the state. 4.Responsibility for Judgments 23 The Tribe contends that the Florida Commission, rather than the state, is responsible for any judgments rendered against it. Section 548.077 requires the State Treasurer to pay the Commission's expenses from the moneys collected by the Commission. According to the Tribe, the expenses covered in 548.077 necessarily include litigation expenses and monetary judgments....
...For example, the Florida Commission has the power to enact rules to regulate pugilistic exhibitions, see Fla. Stat.
548.003(2), and has the power to hold hearings to determine whether to suspend or revoke a license, notwithstanding Florida's APA, see Fla. Stat.
548.07....
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 1985 Bankr. LEXIS 6323
...It is well established that the transferee obtains protection to the extent of the consideration given by him if he can demonstrate his innocence of any intent to participate in the fraud perpetrated on the transferor's creditors. 4 Collier on Bankruptcy § 548.07[3] (15th ed....
CopyPublished | Court of Appeals for the Eleventh Circuit
...For example, the Florida Commission has the power to enact rules to regulate pugilistic exhibitions,
see Fla. Stat. §
548.003(2), and has the power to hold hearings to determine whether to suspend or
revoke a license, notwithstanding Florida’s APA , see Fla. Stat. §
548.07.
The Tribe correctly notes that the Florida Commission has independent legislative and
judicial powers....
...Although the APA does not apply to suspension or revocation adjudications, the
state has not given the Commission unfettered discretion in this area. Instead, the
state allows the Commission to suspend or revoke a license for a limited number of
grounds. See Fla. Stat. § 548.071. Also, the state requires a majority of the
Commission to examine the record and approve the adjudication and order. See
Fla. Stat. § 548.073....
...an and report its findings to the Governor.
14
because it does not rely upon state funds to support its operations. Instead, the
Commission raises its own funds to pay its expenses. See Fla. Stat. § 548.077.
Even though the Commission may collect money to pay for its own expenses, the
Commission is still an arm of the state because the state controls its fiscal life....
...Additionally,
the DPR submits to the legislature an annual report on the Commission which
includes a breakdown of the Commission’s revenue and expenses and a condensed
version of the Commission’s long-range plan. See id.
Furthermore, section 548.077 reinforces the notion that the Commission is
an arm of the state....
...Thus, this
factor also supports the proposition that the Commission is an arm of the state.
4. Responsibility for Judgments
The Tribe contends that the Florida Commission, rather than the state, is
responsible for any judgments rendered against it. Section 548.077 requires the
State Treasurer to pay the Commission’s expenses from the moneys collected by
the Commission. According to the Tribe, the expenses covered in § 548.077
necessarily include litigation expenses and monetary judgments....
CopyPublished | Court of Appeals for the Eleventh Circuit | 2000 WL 1288675
...For example,
the Florida Commission has the power to enact rules to regulate pugilistic exhibitions, see Fla. Stat. §
548.003(2), and has the power to hold hearings to determine whether to suspend or revoke a license,
notwithstanding Florida's APA, see Fla. Stat. §
548.07.
The Tribe correctly notes that the Florida Commission has independent legislative and
judicial powers....
...Although the APA does not apply to suspension or
revocation adjudications, the state has not given the Commission unfettered discretion in this area. Instead,
the state allows the Commission to suspend or revoke a license for a limited number of grounds. See Fla.
Stat. § 548.071. Also, the state requires a majority of the Commission to examine the record and approve the
adjudication and order. See Fla. Stat. § 548.073....
...Funding
The Tribe also contends that the Florida Commission is fiscally independent because it does not rely
upon state funds to support its operations. Instead, the Commission raises its own funds to pay its expenses.
See Fla. Stat. § 548.077....
...§
455.219(4). Additionally, the DPR submits to the
legislature an annual report on the Commission which includes a breakdown of the Commission's revenue
and expenses and a condensed version of the Commission's long-range plan. See id.
Furthermore, section
548.077 reinforces the notion that the Commission is an arm of the state....
...Thus, this factor also supports the
proposition that the Commission is an arm of the state.
4. Responsibility for Judgments
The Tribe contends that the Florida Commission, rather than the state, is responsible for any
judgments rendered against it. Section 548.077 requires the State Treasurer to pay the Commission's
expenses from the moneys collected by the Commission. According to the Tribe, the expenses covered in
§ 548.077 necessarily include litigation expenses and monetary judgments....
