Legal Opinion

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Florida Attorney General Reports

Decided February 5, 1999Published

1Opinion of the Court

Ms. Jo Ann Hutchinson Executive Director Florida Commission for the Transportation Disadvantaged 605 Suwannee Street, MS-49 Tallahassee, Florida 32399-0450

Dear Ms. Hutchinson:

You ask the following question:

May nongovernmental Community Transportation Coordinators, either for-profit or not-for-profit, claim sovereign immunity under section 768.28, Florida Statutes?

In sum:

Nongovernmental Community Transportation Coordinators exercising the powers and duties prescribed in Part I, Chapter 427, Florida Statutes, would be acting primarily as an instrumentality of the state that may claim sovereign…

2Cases cited3 opinions

  1. Shands Teaching Hosp. & Clinics v. LeeDistrict Court of Appeal of Florida · 1985
  2. Prison Rehabilitative Industries v. BettersonDistrict Court of Appeal of Florida · 1994
  3. Mingo v. Ara Health Services, Inc.District Court of Appeal of Florida · 1994

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