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Florida Attorney General Reports

Decided February 15, 1978Published

1Opinion of the Court

R. William Rutter, Jr. Palm Beach County Attorney West Palm Beach

QUESTION:

Are there any legal constraints which would limit the power of a state agency to enter into an indemnification agreement?

SUMMARY:

In the absence of any general law authorizing or directing such contracts to be made, or authorizing or consenting to a suit against the state on the same, indemnification contracts imposing liability upon the state entered into by a state agency as a county subgrantee of federal funds under the Federal Comprehensive Employment and Training Act of 1973 are nugatory and unenforceable as against…

2Cases cited16 opinions

  1. State ex rel. Greenberg v. Florida State Board of DentistryDistrict Court of Appeal of Florida · 1974
  2. Arnold v. ShumpertSupreme Court of Florida · 1968
  3. Florida Central & Peninsular Railroad v. ReynoldsSupreme Court of the United States · 1902
  4. Hampton v. State Board of EducationSupreme Court of Florida · 1925
  5. State Ex Rel. Davis v. LoveSupreme Court of Florida · 1930

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