Legal Opinion

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Florida Attorney General Reports

Decided November 17, 1977Published

1Opinion of the Court

QUESTION:

Where services primarily benefiting a private party are performed by a public agency prior to the payment for the services by said party, does the same constitute an unlawful giving, lending, or using of the public taxing power or credit to aid said private party; what different answer to this question, if any, is necessary because of distinctions between governmental and proprietary functions?

SUMMARY:

Statutorily authorized or required fees or service charges collected by public officers represent charges which the state or a county makes for services rendered by it through its…

2Cases cited21 opinions

  1. State ex rel. Greenberg v. Florida State Board of DentistryDistrict Court of Appeal of Florida · 1974
  2. Edgerton v. International CompanySupreme Court of Florida · 1956
  3. Gessner v. Del-Air CorporationSupreme Court of Florida · 1944
  4. Hopkins v. Special Road & Bridge District No. 4Supreme Court of Florida · 1917
  5. United States National Bank v. Underwriters at Lloyd's, LondonOregon Supreme Court · 1964

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