STATE OF FLORIDA, PETITIONER,
v.
GENERAL DEVELOPMENT CORPORATION, RESPONDENT

Fla. | 1985-05-23
No. 65191
ADKINS, OVERTON, ALDERMAN, EHRLICH and SHAW, JJ., concur., BOYD, C.J., concurs specially with an opinion.
469 So. 2d 1381 Florida Supreme Court (1985) Positive Treatment
Cited by 4 cases
Opinion of the Court
McDonald, justice.

McDonald, justice.

This case is before us to review State v. General Development Corp., 448 So. 2d 1074 (Fla. 2d DCA 1984), which expressly affects a class of constitutional or state officers. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The district court held that a state attorney could not, in his official capacity, initiate an action for civil or administrative proceedings to enforce the state’s environmental laws set forth in chapter 403, Florida Statutes (1981). We approve the opinion of the district court and adopt it as the opinion of this Court.

It is so ordered.

ADKINS, OVERTON, ALDERMAN, EHRLICH and SHAW, JJ., concur. BOYD, C.J., concurs specially with an opinion.

Concurrence
BOYD, Chief Justice,

BOYD, Chief Justice,

concurring specially-

I agree with the court’s approval and adoption of the decision and opinion of the district court of appeal to the extent that the decision holds that the state attorney did not have authority derived from article V, section 17, Florida Constitution and section 27.02, Florida Statutes (1981), to bring the action for civil penalties or enforcement pursuant to sections 403.121 and 403.141, Florida Statutes (1981), or under chapter 120, Florida Statutes (1981). As I understand the district court’s decision being approved by this Court, it neither held nor said anything about the possibility of a state attorney bringing an enforcement proceeding in an official capacity pursuant to the provisions of section 403.412, Florida Statutes (1981), or a proceeding to establish criminal liability under section 403.161.

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Citator

Cited By

  • Former Governor Claude R. Kirk v. United States Sugar Corp., 726 So. 2d 822 (Fla. 4th DCA 1999)
    …“a public nuisance action seems to be one of the ‘rights of action or remedies in equity under the common law or statutory law,’ which is not abridged or altered by chapter 403 and is cumulative to the remedies provided in that chapter”), approved, 469 So. 2d 1381 (Fla.1985). The district court’s reference is to language contained in section 403.191(1), Florida Statutes, as follows: Nothing contained herein shall be construed to abridge or alter rights of action or remedies in equity under the common law or…
  • First Quality Home Care, Inc. v. Alliance FOR Aging, Inc., 14 So. 3d 1149 (Fla. 3d DCA 2009)
    …ion 120.52(1)(b) are also government units. See State ex rel. State Attorney for Twelfth Judicial Circuit v. Gen. Dev. Corp., 448 So. 2d 1074, 1082-83 (Fla. 2d DCA 1984) (stating that subsections of 120.52(1) must be read in pari materia), approved, 469 So. 2d 1381 (Fla.1985); see also Fla. Dep’t of Envtl. Prot. v. ContractPoint Fla. Parks, LLC, 986 So. 2d 1260, 1265 (Fla.2008) (court “cannot read [statutory] subsection ... in isolation, but must read it within the context of the entire section in order to asc…

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