DOCSLIB.ORG

2011, Through December 31, 2012

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
2011, Through December 31, 2012 BIENNIAL REPORT of the ATTORNEY GENERAL STATE OF FLORIDA January 1, 2011, through December 31, 2012 PAM BONDI Attorney General Tallahassee, Florida 2013 CONSTITUTIONAL DUTIES OF THE ATTORNEY GENERAL The revised Constitution of Florida of 1968 sets out the duties of the Attorney General in Subsection (c), Section 4, Article IV, as: “...the chief state legal offi cer.” By statute, the Attorney General is head of the Department of Legal Affairs, and supervises the following functions: Serves as legal advisor to the Governor and other executive offi cers of the State and state agencies. Defends the public interest. Represents the State in legal proceedings. Keeps a record of his or her offi cial acts and opinions. Serves as a reporter for the Supreme Court. ii STATE OF FLORIDA OFFICE OF ATTORNEY GENERAL PAM BONDI February 10, 2013 The Honorable Rick Scott Governor of Florida The Capitol Tallahassee, Florida 32399-0001 Dear Governor Scott: Pursuant to my constitutional duties and the statutory requirement that this offi ce periodically publish a report on the Attorney General offi cial opinions, I submit herewith the biennial report of the Attorney General for the two preceding years from January 1, 2011, through December 31, 2012. This report includes the opinions rendered, an organizational chart, and personnel list. The opinions are alphabetically indexed by subject in the back of the report with a table of constitutional and statutory sections cited in the opinions. It’s an honor to serve with you for the people of Florida. Sincerely, Pam Bondi Attorney General iii TABLE OF CONTENTS Page Constitutional Duties of the Attorney General .......................................ii Letter of Transmittal .....................................................................................iii Table of Contents ........................................................................................... iv Attorneys General of Florida since 1845 .................................................... v Department of Legal Affairs .........................................................................vi Statement of Policy Concerning Attorney General Opinions ..............x Seal of the Attorney General of Florida ................................................... xv OPINIONS Opinions 2011 ....................................................................................................1 Opinions 2012 ................................................................................................144 INDEX AND CITATOR General Index ................................................................................................334 Citator to Florida Statutes, Constitution, and Session Laws ..........................................................................................357 iv ATTORNEYS GENERAL OF FLORIDA SINCE 1845 Joseph Branch ......................................................1845-1846 Augustus E. Maxwell ...........................................1846-1848 James T. Archer ...................................................1848-1848 David P. Hogue .....................................................1848-1853 Mariano D. Papy ...................................................1853-1860 John B. Galbraith .................................................1860-1868 James D. Wescott, Jr. ...........................................1868-1868 A. R. Meek ...............................................................1868-1870 Sherman Conant ...................................................1870-1870 J. P. C. Drew ..........................................................1870-1872 H. Bisbee, Jr. ..........................................................1872-1872 J. P. C. Emmons ....................................................1872-1873 William A. Cocke ...................................................1873-1877 George P. Raney ...................................................1877-1885 C. M. Cooper...........................................................1885-1889 William B. Lamar ..................................................1889-1903 James B. Whitfi eld ................................................1903-1904 W. H. Ellis ...............................................................1904-1909 Park Trammell ......................................................1909-1913 Thomas F. West .....................................................1913-1917 Van C. Swearingen ...............................................1917-1921 Rivers Buford ........................................................1921-1925 J. B. Johnson .........................................................1925-1927 Fred H. Davis .........................................................1927-1931 Cary D. Landis.......................................................1931-1938 George Couper Gibbs ..........................................1938-1941 J. Tom Watson .......................................................1941-1949 Richard W. Ervin ..................................................1949-1964 James W. Kynes.....................................................1964-1965 Earl Faircloth ........................................................1965-1971 Robert Shevin ........................................................1971-1979 Jim Smith ...............................................................1979-1987 Robert A. Butterworth ........................................1987-2002 Richard E. Doran ................................................. 2002-2003 Charlie Crist ......................................................... 2003-2007 Bill McCollum ........................................................2007-2011 Pam Bondi ..............................................................2011- v STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL Organizational Chart FLORIDA INSPECTOR GENERAL ATTORNEY GENERAL STATEWIDE PROSECUTOR Steve Rumph Pam Bondi Nicholas B. Cox DEPUTY ATTORNEY GENERAL/CHIEF OF STAFF Carlos Muniz ASSOCIATE DEPUTY ASSOCIATE DEPUTY ASSOCIATE DEPUTY ASSOCIATE DEPUTY ASSOCIATE DEPUTY SOLICITOR GENERAL ATTORNEY GENERAL ATTORNEY GENERAL MEDICAID FRAUD CRIMINAL APPEALS GENERAL CIVIL LITIGATION Timothy Osterhaus Kent Perez Trish Conners James Varnado Carolyn Snurkowski Chesterfield Smith, Jr. ADMINISTRATION AND INFORMATION TECHNOLOGY ANTITRUST and DIRECTOR OF BUDGET DIRECTOR DIRECTOR MULTI-STATE LITIGATION COMMUNICATIONS John Hamilton Deborah Stevens Trish Conners VICTIM SERVICES/CRIMINAL Jennifer Meale JUSTICE DIRECTOR / DIR. OF LAW ENFORCEMENT RELATIONS FINANCE AND ACCOUNTING CITIZEN SERVICES Emery Gainey DIRECTOR OF BUREAU CHIEF DIRECTOR Sabrina Donovan Kym Oswald LEMON LAW ARBITRATION LEGISLATIVE AFFAIRS DIRECTOR Rob Johnson Jan Smith GENERAL SERVICES DIRECTOR OF BUREAU CHIEF CABINET AFFAIRS SPECIAL COUNSEL FOR Hallie Coombs OPEN GOVERNMENT Rob Johnson CIVIL RIGHTS Pat Gleason vi DIRECTOR Danille Carroll OPERATIONS AND BUDGET LEGAL OPINIONS BUREAU CHIEF DIRECTOR Sarah Nortelus Joslyn Wilson ECONOMIC CRIMES DIRECTOR HUMAN RESOURCES Richard Lawson BUREAU CHIEF Cathy Christensen VICTIM COMPENSATION BUREAU CHIEF Michelle Crum CRIMINAL JUSTICE PROGRAMS BUREAU CHIEF Rick Nuss ECONOMIC CRIMES CRIMINAL APPEALS STATE PROGRAMS CIVIL APPEALS STATEWIDE PROSECUTION SOUTH FL BUREAU CHIEF COMPLEX LITIGATION ADVOCACY/GRANTS MGMT WEST PALM BCH BUREAU CHIEF BUREAU CHIEF BUREAU CHIEF ASST. DEPUTY FT. LAUDERDALE Samantha Feuer Lisa Raleigh BUREAU CHIEF Celia Terenzio Stephanie Daniels Vacant Julie Hogan Christina Harris ECONOMIC CRIMES MEDICAID FRAUD CRIMINAL APPEALS REVENUE LITIGATION CORRECTIONS ORLANDO BUREAU CHIEF COMPLEX CIVIL ENFORCEMENT MIAMI/FT. LAUD BUREAU CHIEF BUREAU CHIEF BUREAU CHIEF Elizabeth Starr BUREAU CHIEF Richard Polin Mark Bodner Joe Mellichamp Susan Maher ECONOMIC CRIMES MEDICAID FRAUD TAMPA BUREAU CHIEF CAPITAL APPEALS TORT LITIGATION ADMINISTRATIVE LAW DEPUTY DIRECTOR/ LAW STATEWIDE PROSECUTION Victoria Butler BUREAU CHIEF BUREAU CHIEF BUREAU CHIEF ENFORCEMENT MAJOR TAMPA BUREAU CHIEF James Mann Candance Sabella Britt Thomas Ed Tellechea Diane Croft ECONOMIC CRIMES CRIMINAL APPEALS ETHICS EMPLOYMENT LITIGATION TALLAHASSEE BUREAU CHIEF TALLAHASSEE BUREAU CHIEF BUREAU CHIEF Mark Hamilton BUREAU CHIEF STATEWIDE PROSECUTION MEDICAID FRAUD Trisha Pate Diane Guillemette Glen Bassett ORLANDO BUREAU CHIEF NORTHERN REGIONAL CHIEF John Roman CYBERFRAUD Betty Zachem CRIMINAL APPEALS GENERAL CIVIL BUREAU CHIEF GENERAL CIVIL DAYTONA BUREAU CHIEF FT. LAUD/WPB BUREAU CHIEF TAMPA BUREAU CHIEF Vacant STATEWIDE PROSECUTION MEDICAID FRAUD Wes Heidt Kathleen Savor Diana Esposito FT. MYERS BUREAU CHIEF CENTRAL REGIONAL CHIEF Brian Fernandes David Bundy EMINENT DOMAIN CRIMINAL APPEALS LAW LIBRARY TAMPA BUREAU CHIEF BUREAU CHIEF FL ELECTIONS COMMISSION Betsy Stupski STATEWIDE PROSECUTION EXECUTIVE DIRECTOR MEDICAID FRAUD Bob Krauss Joseph Spejenkowski WEST PALM BCH Vacant SOUTHERN REGIONAL CHIEF Luis Martinez CHILDREN'S LEGAL SVCS CHILD SUPPORT COMM. ON STATUS OF WOMEN FT. LAUDERSALE CHIEF ENFORCEMENT BUREAU CHIEF STATEWIDE PROSECUTION EXECUTIVE DIRECTOR Hampton Peterson Priscilla Quinones MIAMI BUREAU CHIEF Kelly Sciba Carlos Guzman CHILDREN'S LEGAL SVCS CSE ST. PETE TAMPA CHIEF COUNCIL ON THE SOCIAL Malinda Ottinger STATEWIDE PROSECUTION Stephanie Bergen JACKSONVILLE BUREAU CHIEF STATUS OF John Wethington BLACK MEN AND BOYS CSE FT. LAUDERDALE Ravi Brammer CSE TALLAHASSEE Sonia Garcia-Solis OFFICE OF THE ATTORNEY GENERAL The Capitol, Tallahassee, Florida 32399-1050 (850) 245-0140 PAMELA BONDI Attorney General CARLOS MUNIZ NICOLAS COX STEVE RUMPH JR. Deputy Attorney
Load more

Recommended publications
  • In the Letter
    Attorneys General of Louisiana, Indiana, Georgia, Alabama, Alaska, Arizona, Arkansas, Florida, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia September 30, 2020 The Honorable A. Mitchell McConnell The Honorable Charles Schumer Majority Leader Minority Leader United States Senate United States Senate 317 Russell Senate Office Building 322 Hart Senate Office Building Washington, D.C. 20510 Washington, D.C. 20510 [email protected] [email protected] The Honorable Lindsey Graham The Honorable Dianne Feinstein Chairman Ranking Member Committee on the Judiciary Committee on the Judiciary 290 Russell Senate Office Building 331 Hart Senate Office Building Washington, D.C. 20510 Washington, D.C. 20510 [email protected] [email protected] Re: Support for the confirmation of Judge Amy Coney Barrett to the Supreme Court of the United States Dear Senators: We, the undersigned Attorneys General of our States, write to urge the Senate to promptly hold a hearing on and confirm the nomination of Judge Amy Coney Barrett to the Supreme Court of the United States. Judge Barrett is a distinguished legal scholar and an exceptional appellate judge with a track record of interpreting the Constitution according to its text and original public meaning. As we are sure your review of her exemplary record will reveal, she has the qualifications, experience, and judicial philosophy to be an outstanding Associate Justice. We are aware that there are those who believe the Senate should not hold a hearing on the President’s nominee. In response, we quote excerpts from a 2016 letter sent to the Senate by the Attorneys General of California, New York, and 17 other states: “The Constitution clearly sets out the process for filling a Supreme Court vacancy.
    [Show full text]
  • August 25, 2021 the Honorable Merrick Garland Attorney General
    MARK BRNOVICH DAVE YOST ARIZONA ATTORNEY GENERAL OHIO ATTORNEY GENERAL August 25, 2021 The Honorable Merrick Garland Attorney General 950 Pennsylvania Ave NW Washington, DC 20530-0001 Re: Constitutionality of Illegal Reentry Criminal Statute, 8 U.S.C. § 1326 Dear Attorney General Garland, We, the undersigned attorneys general, write as chief legal officers of our States to inquire about your intent to appeal the decision in United States v. Carrillo-Lopez, No. 3:20-cr- 00026-MMD-WGC, ECF. 60 (D. Nev. Aug. 18, 2021). As you know, in that decision, Chief Judge Du found unconstitutional 8 U.S.C. § 1326, the statute that criminalizes the illegal reentry of previously removed aliens. We appreciate that you recently filed a notice of appeal, preserving your ability to defend the law on appeal. We now urge you to follow through by defending the law before the Ninth Circuit and (if necessary) the Supreme Court. We ask that you confirm expeditiously DOJ’s intent to do so. Alternatively, if you do not intend to seek reversal of that decision and instead decide to cease prosecutions for illegal reentry in some or all of the country, we ask that you let us know, in writing, so that the undersigned can take appropriate action. Section 1326, as part of the Immigration and Nationality Act of 1952, is unremarkable in that it requires all aliens—no matter their race or country of origin—to enter the country lawfully. In finding the law racially discriminatory against “Latinx persons,” Chief Judge Du made some truly astounding claims, especially considering that, under the Immigration and Nationality Act, Mexico has more legal permanent residents in the United States, by far, than any other country.1 Chief Judge Du determined that, because most illegal reentrants at the border are from Mexico, the law has an impermissible “disparate impact” on Mexicans.
    [Show full text]
  • September 14, 2020 Reed Hastings Netflix 100 Winchester Circle Los
    Administration Office 614-728-5458 Fax 614-466-5087 September 14, 2020 Reed Hastings Netflix 100 Winchester Circle Los Gatos, CA 95032 Mr. Hastings, I vehemently oppose the continued streaming of the movie “Cuties” on Netflix, and request that you voluntarily remove it from your service due to the great harm it causes to our children. While the filmmaker’s asserted desire to fight the hypersexualization of young girls is admirable, the manner in which the film attempts to do so is misguided and does more harm than good. This film contains the gratuitous exposure of a young girl’s breast; it repeatedly shows children using their bodies in a sexual manner to get themselves out of trouble; it graphically focuses on the clothed genitalia of children; and it shows the creation and publication of child pornography. Repeated images of eleven-year old children gyrating, “twerking,” and simulating sex in tight, skimpy clothes simply serves as fodder for those with criminal imaginations, serving to normalize the view that children are sexual beings. It whets the appetites of those who wish to harm our children in the most unimaginable ways—ways I have had to prosecute. In this era where we are fighting a seemingly never-ending battle against human trafficking, this film is counterproductive. The sexualization of our children leads traffickers to view them as commodities that can be sold, over and over again. Traffickers often step in when children face vulnerabilities similar to those of the protagonist in “Cuties.” We should be teaching our children about healthy conversations and safe spaces to deal with their vulnerabilities, not normalizing hypersexualization as a way to become “popular” and a means to work through the issues they might face in their everyday lives.
    [Show full text]
  • May 21, 2020 Hon. Nancy Pelosi Hon. Mitch Mcconnell Speaker
    May 21, 2020 Hon. Nancy Pelosi Hon. Mitch McConnell Speaker Majority Leader House of Representatives United States Senate Washington, DC 20515 Washington, DC 20510 Hon. Kevin McCarthy Hon. Chuck Schumer Minority Leader Minority Leader House of Representatives United States Senate Washington, DC 20515 Washington, DC 20510 Hon. Jerrold Nadler Hon. Jim Jordan Chairman Ranking Member House Judiciary Committee House Judiciary Committee 2138 Rayburn House Office Bldg. 2056 Rayburn House Office Bldg. Washington, D.C. 20515 Washington, D.C. 20515 RE: Support of S. 3607, Safeguarding America’s First Responders Act of 2020 Dear Speaker Pelosi, Majority Leader McConnell, Minority Leader McCarthy, Minority Leader Schumer, Chairman Nadler and Ranking Member Jordan, As State Attorneys General, and the chief legal officers of our respective states, we encourage Congress to swiftly enact S. 3607, the Safeguarding America’s First Responders Act of 2020 (“SAFR”). Our public safety officers risk their lives every day to keep us safe but the COVID-19 pandemic has made their sacrifice clearer. As public safety officers in our states have battled the COVID-19 pandemic, they have put themselves at risk while most Americans were able to stay home. When public safety officers are called to respond, they do not know whether they are coming into contact with a person who is positive for COVID-19. We have seen harrowing stories about how public safety officers have taken heroic actions to save the lives of others, knowing that they risked infection in doing so.1 As Tampa Police Chief Brian Dugan said, “There’s no way for a 2 1850 M Street, NW police officer to do their job and not potentially be exposed to the virus.” And Twelfth Floor sadly, in many of our states, first responders have lost their lives to COVID- Washington, DC 20036 19.
    [Show full text]
  • Final Document As Sent to All Parties for Signatures
    In the Matter of: PayPal, Inc. A Delaware Corporation. ASSURANCE OF VOLUNTARY COMPLIANCE OR DISCONTINUANCE This Assurance of Voluntary Compliance or Discontinuance (“Assurance”) is entered into by the Attorneys General of the States of Alabama, Arizona, California, Delaware, Florida, Georgia1, Hawaii2, Illinois, Indiana, Iowa, Louisiana, Maryland, Minnesota, Mississippi, Nebraska, Nevada, New Jersey, New York3, North Carolina, Ohio, Oklahoma, Oregon, South Dakota, Tennessee4, Texas, Vermont, Washington, and West Virginia (“Attorneys General” or “States”), acting pursuant to their respective Consumer Protection Statutes5, and PayPal, Inc. 1With regard to Georgia, the Administrator of the Fair Business Practices Act, appointed pursuant to O.C.G.A. 10-1-395, is statutorily authorized to undertake consumer protection functions, including acceptance of Assurances of Voluntary Compliance for the State of Georgia. Hereafter, when the signatory States are referred to as the “States” or “Attorneys General,” such designation, as it pertains to Georgia, refers to the Administrator of the Fair Business Practices Act. 2 With regard to Hawaii, the Director of the State of Hawaii Office of Consmer Protection is statutorily authorized to undertake consumer protection functions, including acceptance of Assurances of Voluntary Compliance for the State of Hawaii. Hereafter, when the signatory States are referred to as the “States” or “Attorneys General,” such designation, as it pertains to Hawaii refers to the Executive Director of the State of Hawaii Office of Consumer Protection. 3New York, having entered into an Assurance of Discontinuance with PayPal, Inc. in 2004, limits its participation in this Assurance solely to those terms resolving issues unaddressed in the 2004 document. 4 "The Tennessee Attorney General is acting on behalf of the Division of Consumer Affairs." 5ALABAMA- Alabama Deceptive Trade Practices Act, Ala.
    [Show full text]
  • Filing # 112314585 E-Filed 08/25/2020 09:41:03 AM
    Filing # 112314585 E-Filed 08/25/2020 09:41:03 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA OFFICE OF THE ATTORNEY GENERAL, STATE OF FLORIDA, CASE NO.: DEPARTMENT OF LEGAL AFFAIRS, Plaintiff, v. AMERICAN HONDA MOTOR CO., INC. and HONDA OF AMERICA MFG., INC., Defendants. __________________________________________/ COMPLAINT 1. Plaintiff Office of the Attorney General, State of Florida, Department of Legal Affairs (“Attorney General”) brings this action against Defendants American Honda Motor Co., Inc. and Honda of America Mfg., Inc. (hereafter referred to collectively as “Honda” or “Defendants”) for violating the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes (2019), (“FDUTPA”), and states as follows: Public Interest 2. The Attorney General conducted an investigation of the matters alleged herein and determined that this enforcement action serves the public interest, as required by Section 501.207(2), Florida Statutes (2019). 1 Jurisdiction and Venue 3. This action is brought for the State of Florida by Ashley Moody, Attorney General of the State of Florida pursuant to the provisions of FDUTPA. 4. This Court has jurisdiction over the Defendants pursuant to Sections 26.012, Florida Statutes (2019) and Chapter 501.201 et seq., Florida Statutes (2019) because the Defendants transacted business within the State of Florida at all times relevant to this Complaint. 5. Venue for this action properly lies in Broward County pursuant to Section 47.051, Florida Statutes (2019) and Chapter 501.201 et seq., Florida Statutes (2019) because Defendants transact business in Broward County or some of the transactions upon which this action is based occurred in Broward County.
    [Show full text]
  • January 12, 2021 the Honorable Jeffrey A. Rosen Acting Attorney
    January 12, 2021 The Honorable Jeffrey A. Rosen Acting Attorney General U.S. Department of Justice 950 Pennsylvania Ave., NW Washington, DC 20530 Dear Acting Attorney General Rosen: We, the undersigned state attorneys general, are committed to the protection of public safety, the rule of law, and the U.S. Constitution. We are appalled that on January 6, 2021, rioters invaded the U.S. Capitol, defaced the building, and engaged in a range of criminal conduct—including unlawful entry, theft, destruction of U.S. government property, and assault. Worst of all, the riot resulted in the deaths of individuals, including a U.S. Capitol Police officer, and others were physically injured. Beyond these harms, the rioters’ actions temporarily paused government business of the most sacred sort in our system—certifying the result of a presidential election. We all just witnessed a very dark day in America. The events of January 6 represent a direct, physical challenge to the rule of law and our democratic republic itself. Together, we will continue to do our part to repair the damage done to institutions and build a more perfect union. As Americans, and those charged with enforcing the law, we must come together to condemn lawless violence, making clear that such actions will not be allowed to go unchecked. Thank you for your consideration of and work on this crucial priority. Sincerely Phil Weiser Karl A. Racine Colorado Attorney General District of Columbia Attorney General Lawrence Wasden Douglas Peterson Idaho Attorney General Nebraska Attorney General Steve Marshall Clyde “Ed” Sniffen, Jr. Alabama Attorney General Acting Alaska Attorney General Mark Brnovich Leslie Rutledge Arizona Attorney General Arkansas Attorney General Xavier Becerra William Tong California Attorney General Connecticut Attorney General Kathleen Jennings Ashley Moody Delaware Attorney General Florida Attorney General Christopher M.
    [Show full text]
  • State Attorney General Contact List Alabama Attorney
    State Attorney General Contact List Alabama Attorney General, Steve Marshall (334) 242-7300 State House, 11 S. Union St. Montgomery, AL 36130 [email protected] Alaska Attorney General, Kevin Clarkson (907) 465-3600 P.O. Box 110300, Diamond Courthouse, Juneau, AK 99811-0300 [email protected] Arizona Attorney General, Mark Brnovich (602) 542-4266 1275 W. Washington St., Phoenix, AZ 85007 [email protected] Arkansas Attorney General, Leslie Rutledge (800) 482-8982 200 Tower Bldg., 323 Center St., Little Rock, AR 72201-2610 [email protected] California Attorney General, Xavier Becerra (916) 445-9555 1300 I St., Ste. 1740, Sacramento, CA 95814 [email protected] Colorado Attorney General, Phil Weiser (303) 866-4500 1525 Sherman Street, Denver, CO 80203 [email protected] Connecticut Attorney General, William Tong (860) 808-5318 55 Elm St., Hartford, CT 06141-0120 [email protected] Delaware Attorney General, Kathy Jennings (302) 577-8338 Carvel State Office Bldg., 820 N. French St., Wilmington, DE 19801 [email protected] District of Columbia, Karl Racine (202) 724-1305 John A. Wilson Building, 1350 PA Ave, NW Suite 409, Washington, DC 20009 [email protected] Florida Attorney General, Ashley Moody (850) 414-3300 The Capitol, PL 01, Tallahassee, FL 32399-1050 [email protected] Georgia Attorney General, Chris Carr (404) 656-3300 40 Capitol Square, SW, Atlanta, GA 30334-1300 https://gbp.georgia.gov/contact-us Hawaii Attorney General, Clare Connors (808) 586-1500 425 Queen St., Honolulu, HI 96813 [email protected] Idaho Attorney General, Lawrence Wasden (208) 334-2400 Statehouse, Boise, ID 83720-1000 [email protected] Illinois Attorney General, Kwame Raoul (312) 814-3000 James R.
    [Show full text]
  • Bill Analysis and Fiscal Impact Statement
    The Florida Senate BILL ANALYSIS AND FISCAL IMPACT STATEMENT (This document is based on the provisions contained in the legislation as of the latest date listed below.) Prepared By: The Professional Staff of the Committee on Community Affairs BILL: CS/SB 102 INTRODUCER: Community Affairs Committee and Senator Burgess SUBJECT: Attorney General Designation of Matters of Great Governmental Concern DATE: April 1, 2021 REVISED: ANALYST STAFF DIRECTOR REFERENCE ACTION 1. Paglialonga Ryon CA Fav/CS 2. AP 3. RC Please see Section IX. for Additional Information: COMMITTEE SUBSTITUTE - Substantial Changes I. Summary: CS/SB 102 creates s. 16.65, F.S., which establishes a system wherein the Attorney General, as the state’s chief legal officer, is responsible for the prosecution, management, and coordination of any civil proceedings brought by governmental entities in matters of great governmental concern. The bill defines a “matter of great governmental concern” as any fact, circumstance, or conduct that has caused substantial economic loss or other harm of a similar nature to governmental entities in fifteen or more counties in this state. The bill endows the Legislature with authority to declare a matter to be a matter of great governmental concern by concurrent resolution. The Legislature also has the authority to amend or rescind such resolution. A declaration of a matter of great governmental concern provides the Attorney General with the sole authority to file a civil proceeding on behalf of the affected governmental entities in the state unless and until that declaration is rescinded by the Legislature. Under the bill, the Attorney General may take any legal action he or she determines is in the public interest as long as such action is not inconsistent with the terms or provisions of the Legislature’s resolution declaring the matter to be a matter of great governmental concern.
    [Show full text]
  • Letter from Ken Paxton, Att’Y Gen
    Congressional Leaders June 21, 2021 Page 1 June 21, 2021 Dear Speaker Pelosi, Minority Leader McCarthy, Majority Leader Schumer, and Minority Leader McConnell: We were disappointed to find the conspicuous omission of the Hyde Amend- ment in the budget proposal that President Biden delivered to Congress earlier this month. 1 The Hyde Amendment was first enacted in 1976 following the United States Supreme Court’s decision in Roe v. Wade, and has been reenacted every year since with broad bipartisan support.2 The key to the Hyde Amendment’s four- and-a-half-decades longevity is that its purpose is clear and commonsensical: it prohibits the use of federal funds for abortions (with exceptions), on the basis that a great many taxpayers object to abortion on moral or religious grounds and, therefore, it is unconscionable to force them to pay for abortions by using their tax dollars for that purpose. Congress should resist following President Biden down this path and should instead maintain the Hyde Amendment language in the budget it ultimately passes. Fighting for the freedom of conscience has been a hallmark of state attor- neys general. We have a unique interest in the Hyde Amendment as an important protection for the consciences of the millions of Americans who oppose public funding of abortion. As we wrote to Health and Human Services Secretary Alex Azar in 2018, “Protecting religious liberty and freedom of conscience is at the root of the Constitution’s commitment to individual liberty and limited govern- ment.”3 Congress and the courts have historically recognized this founding prin- ciple, particularly in the context of abortion, as evidenced by the array of federal 1 OFF.
    [Show full text]
  • View Societe Generale Settlement
    STATE OF COLORADO CYNTHIA H. COFFMAN COLORADO ATTORNEY GENERAL Dated: February 10, 2016 By: DEVIN LAIHO Senior Assistant Attorney General Consumer Protection Section Attorneys for State of Colorado Ralph L. Carr Colorado Judicial Center 1300 Broadway, 7th Floor Denver, Colorado 80203 Telephone: 720-508-6219 E-Mail: [email protected] STATE OF CONNECTICUT GEORGE JEPSEN CONNECTICUT ATTORNEY GENERAL By: Dated: rvi/uA ^ J GEORGE JEPSEN Michael E. Cole Chief, Antitrust Department Christopher M. Haddad Assistant Attorneys General 55 Elm Street, PO Box 120 Hartford, CT 06141-0120 Tel: (860) 808-5040 Fax: (860) 808-5391 michael.cole@ct. gov STATE OF FLORIDA PAMELA JO BONDI FLORIDA ATTORNEY GENERAL B~- Dated: k k S- '2- I'/ 6 Patricia A. Conners Deputy Attorney General Nicholas Weilhammer Assistant Attorney General PL-01 The Capitol Tallahassee, FL 32399-1050 Phone: (850) 414-3300 Date: February 3.2016 BRIAN E. FROSH MARYLAND ATTORNEY GENERAL Ellen S. Assistant Attorney General Chief, Antitrust Division ohn R. Tennis Assistant Attorney General Deputy Chief, Antitrust Division Office of the Attorney General 200 St. Paul Place, 19th Floor Baltimore, Maryland 21202 Tel. # (410) 576-6470 Fax # (410) 576-7830 STATE OF MICHIGAN BILL SCHUETTE Attorney General __________________________ DJ Pascoe Assistant Attorney General Michigan Department of Attorney General Corporate Oversight Division G. Mennen Williams Building, 6th Floor 525 W. Ottawa Street Lansing, Michigan 48933 Telephone: (517) 373-1160 Societe General/State Working Group Municipal Bond Derivative Settlement February 2016 STATE OF NEVADA ADAM PAUL LAXALT Attorney General of Nevada ERIC WITKOSKI Consumer Advocate Chief Deputy Attorney General February 3, 2016 ______________________________________ Dated:_____________________ By: BRIAN ARMSTRONG Senior Deputy Attorney General Office of the Nevada Attorney General Bureau of Consumer Protection 100 N.
    [Show full text]
  • Sending the Wrong Message: Technology, Sunshine Law, and the Public Record in Florida
    File: Cooper.392.GALLEY(e).doc Created on: 6/14/2010 10:38:00 AM Last Printed: 6/14/2010 1:11:00 PM SENDING THE WRONG MESSAGE: TECHNOLOGY, SUNSHINE LAW, AND THE PUBLIC RECORD IN FLORIDA Cheryl Cooper∗ Since the general civilization of mankind, I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power, than by violent and sudden usurpations.1 I. INTRODUCTION There is nothing like a sex scandal to grab people’s attention. In January 2008, the Detroit Free Press published sexually graphic text messages exchanged by Detroit Mayor Kwame Kilpatrick and his then chief of staff Christine Beatty, both of whom had vehemently denied that they were having an extra- marital affair.2 The published messages revealed that Kilpatrick and Beatty lied under oath in a whistleblowers’ lawsuit3 and that Kilpatrick agreed to settle the suit for $8.4 million to keep the affair quiet.4 These revelations led to criminal charges that forced ∗ © 2010, Cheryl Cooper. All rights reserved. Marketing Editor, Stetson Law Review. B.S., University of South Florida, cum laude, 2007; J.D. candidate, Stetson University College of Law, 2010. 1. James Madison, Speech, Virginia Convention on the Ratification of the Constitu- tion (Richmond, Va., June 6, 1788) (available at http://www.constitution.org/rc/rat_va_05 .htm). 2. Jim Schaefer & M. L. Erick, Freep.com, Kilpatrick, Chief of Staff Lied under Oath, Text Messages Show, http://www.freep.com/article/20080124/NEWS05/801240414/ Kilpatrick++chief+of+staff+lied+under+oath++text+messages+show (Jan.
    [Show full text]