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Florida Appellate Law and Sovereign Immunity: Administrative Law

by Gahodery K. Cambry

Introduction

Florida administrative agencies have both rulemaking and adjudicatory authority. Their decisions have precedential value. Florida requires administrative agencies to publish their rules and regulations. Go to https://dos.myflorida.com/ to find specific offices. See also Florida Administrative Code:  https://www.flrules.org/Default.asp

The Florida Attorney General is the chief legal officer of Florida, leading the Florida Department of Legal Affairs with responsibility for providing all legal services to any department of the State of Florida. The Attorney General may provide a written opinion and legal advice to any member of the legislature, other state officer or local government official.

http://myfloridalegal.com/ago.nsf/$defaultview

 

Example of Florida Attorney General Advisory Opinion

Number: AGO 80-77
Date: September 11, 1980
Subject: Waiving sovereign immunity; governor
 

SOVEREIGN IMMUNITY--GOVERNOR MAY NOT WAIVE SOVEREIGN IMMUNITY BY CONTRACT
To: Bob Graham, Governor, Tallahassee
Prepared by: Craig B. Willis, Assistant Attorney General

QUESTION: May the Governor waive the sovereign immunity of the state by contract with the United States Government?

SUMMARY: The Governor is not authorized by the Constitution or by general law to waive the sovereign immunity of the state pursuant to a contractual agreement with the United States Department of Interior in order to obtain certain privileged and proprietary information concerning oil and gas reserves adjacent to the state's seaward boundary under the Outer Continental Shelf Lands Act, as amended, 43 U.S.C. s. 1331, et seq. (1979).

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