Judges: Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General
Filed Date: 12/13/1983
Status: Precedential
Modified Date: 7/5/2016
The Honorable James Russo Public Defender Eighteenth Judicial Circuit 600 South Hopkins Titusville, Florida 32796
Dear Mr. Russo:
This is in response to your request for an opinion on substantially the following question:
IS A CIRCUIT CONFLICT COMMITTEE, ESTABLISHED BY THE GENERAL APPROPRIATIONS ACT TO APPROVE ATTORNEYS HANDLING CONFLICT CASES, SUBJECT TO s
286.011 , F.S.?
Section
Item 961A of Ch. 83-300, Laws of Florida, the General Appropriations Act, in appropriating two million dollars from the General Revenue Fund for conflict cases, in pertinent part provides:
The allocation of funds for conflict cases shall be used solely for compensation of court appointed attorneys who are members of the Florida Bar and who have been approved by the circuit's conflict committee to handle such cases. . . . In each judicial circuit, a circuit conflict committee shall be established consisting of the following members: (a) the chief judge of the judicial circuit or his designated representative; (b) one representative of each board of county commissioners located within the judicial circuit, such representative to be designated by resolution of each board; and (c) the public defender of the judicial circuit. . . . Each circuit conflict committee shall allocate the funds for conflict cases among the respective counties within each circuit. Each circuit conflict committee shall request the clerk of the circuit court to provide all expenditure data to each public defender. . . . (e.s.)
For purposes of this opinion, the proviso contained in Item 961A of the 1983 Appropriations Act must and will be considered to be valid and constitutional. Indeed any legislative enactment is entitled to a presumption of validity unless ruled invalid by a court of competent jurisdiction and therefore pending any such judicial determination, I must accord the proviso the same presumption of validity to which any legislative enactment is entitled. See, State ex rel. Shevin v. Metz Construction Co. Inc.,
Section
All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting.
In determining what entities are covered by the terms of s
Once the Legislature transforms a portion of a board's responsibilities and duties into that of a judicial character so that the board may exercise quasi-judicial functions, the prerogatives of the Legislature in the matter do not cease. . . . If the Legislature may delegate these quasi-judicial powers to the School Board and regulate the procedure to be followed in hearings before the board, it follows as a matter of common logic that the Legislature may further require all meetings of the board at which official acts are to be taken to be public meetings open to the public. A board exercising quasi-judicial functions is not a part of the judicial branch of government.
Accordingly, I am of the opinion that the circuit conflict committees established by the 1983 General Appropriations Act (Item 961A, Ch. 83-300, Laws of Florida) to approve attorneys handling conflict cases, are subject to the Government in the Sunshine Law, s
Sincerely,
Jim Smith, Attorney General
Prepared by: Joslyn Wilson, Assistant Attorney General
Canney v. Board of Pub. Instruction of Alachua Cty. , 278 So. 2d 260 ( 1973 )
Village of North Palm Beach v. Mason , 167 So. 2d 721 ( 1964 )
The Florida Bar , 398 So. 2d 446 ( 1981 )
State Ex Rel. Shevin v. METZ CONSTRUCTION COMPANY, INC. , 285 So. 2d 598 ( 1973 )
City of Miami Beach v. Berns , 245 So. 2d 38 ( 1971 )
Times Publishing Company v. Williams , 222 So. 2d 470 ( 1969 )