24 Florida opinions name it 4 courts 1979–2022 2 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Evans v. Firestonegreen2 sentences2004But where such an initiative performs the functions of different branches of government, it clearly fails the functional test for the single-subject limitation the people have incorporated into article XI, section 3, Florida Constitution. *670 Evans v. Firestone, 457 So.2d 1351, 1354 (Fla.1984). 2000But where such an initiative performs the functions of different branches of government, it clearly fails the functional test for the single-subject limitation the people have incorporated into article XI, section 3, Florida Constitution. 457 So.2d at 1354 . | 3 | 4 |
Robert Zoba v. The City of Coral Springsgreen2 sentences2022Absolute quasi-judicial immunity for nonjudicial officials is determined by a functional analysis of their actions in relation to the judicial process.” Zoba v. City of Coral Springs, 189 So. 3d 888, 891 (Fla. 4th DCA 2016) (quotation omitted).4 The VAB’s decisions and actions at issue in this case demonstrate both quasi-judicial activity and the jurisdiction to issue the rulings challenged by the Appellant. 2021Zoba v. City of Coral Springs, 189 So. 3d 888, 891-92 (Fla. 4th DCA 2016) (performing a functional analysis of the clerk’s acts under a separate statutory scheme and determining that “[t]he clerk’s act of collection, apportionment, and disbursement is part of that judicial process—it is a judicial act entitling the clerk to [quasi-judicial] immunity”). 2 | 3 | 3 |
Barker v. Wingogreen2 sentences2013Because of the amorphous quality of this right, “any inquiry into a speedy trial claim necessitates a functional analysis of the right in the particular context of the case.” Id. at 522 . 2005See Barker, 407 U.S. at 522 , 92 S.Ct. 2182 ("[A]ny inquiry into a speedy trial claim necessitates a functional analysis of the right in the particular context of the case...."). [2] However, here the State makes no claim that the prosecutions or trials were otherwise delayed because of some action of the defendants beyond their cooperation with the police. | 1 | 2 |
State v. Powellgreen2 sentences2010Specifically, the warnings given to Miller satisfy the requirements of State v. Powell, 998 So.2d 531 (Fla.2008), rev’d on other grounds, — U.S. -, 130 S.Ct. 1195 , — L.Ed.2d - (2010), and do not constitute a narrower and less functional warning than that required by Miranda. 2010Specifically, the warnings given to Miller satisfy the requirements of State v. Powell, 998 So.2d 531 (Fla.2008), rev'd on other grounds, ___ U.S. ___, 130 S.Ct. 1195 , ___ L.Ed.2d ___ (2010), and do not constitute a narrower and less functional warning than that required by Miranda. | 1 | 2 |
Geneva Roland v. E.W. Phillips David Benjamin Lin Harrellgreen2 sentences2016Court, S. Dist. of Fla., 150 Fed.App’x 988, 990 (11th Cir.2005) (citing Roland v. Phillips, 19 F.3d 552, 555 (11th Cir.1994)). 2016Court, S. Dist. of Fla., 150 F. App’x 988, 990 (11th Cir. 2005) (citing Roland v. Phillips, 19 F.3d 552, 555 (11th Cir. 1994)). | 1 | 1 |
Oza B. Jenkins v. Clerk of Courtgreen1 sentence2016Court, S. Dist. of Fla., 150 F. App’x 988, 990 (11th Cir. 2005) (citing Roland v. Phillips, 19 F.3d 552, 555 (11th Cir. 1994)). | 1 | 1 |
Palm Beach Newspapers, Inc. v. Harpergreen1 sentence2014See, e.g., Palm Beach Newspapers, Inc. v. Harper, 417 So.2d 1100 (Fla. 4th DCA 1982) (holding that chambers conference, the purpose of which was to inform counsel that judge’s secretary had received an anonymous telephone call relating to one of the parties, was not a judicial proceeding at which the press and public were entitled to be present). | 1 | 1 |
In re Senate Joint Resolution of Legislative Apportionment 1176green1 sentence2012See id. at 671 & n. 52. | 1 | 1 |
State of Texas v. United States of Americagreen2 sentences2012Reg. at 7471; see also Texas, 831 F.Supp.2d at 262-66 , 2011 WL 6440006, at *15-18 (proposing a functional test similar to that of the DOJ). 2012Reg. at 7471; see also Texas, 831 F.Supp.2d at 262-66 , 2011 WL 6440006, at *15-18 (proposing a functional test similar to that of the DOJ). | 1 | 1 |
cluster 737406green1 sentence2001See Ernst v. Child & Youth Servs. of Chester County, 108 F.3d 486 (3d Cir.1997); Vosburg v. Dep't of Soc. | 1 | 1 |
In Re Advisory Opin. to Atty. Gen. Englishgreen1 sentence2000Thus, while purely speculative consequences, such as the possibility that the Legislature could pass a law abridging existing constitutional rights, see In re Advisory Opinion to the Attorney General: English —The Official Language of Florida, 520 So.2d 11, 12 (Fla.1988), are not germane to this Court’s determination, identifiable changes in the functions of different levels and branches of government are sufficient to warrant invalidating the amendments. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Miranda v. Arizona
green
2 sentences2009Both Miranda and article I, section 9 of the Florida Constitution require that a suspect be clearly informed of the right to have a lawyer present during questioning. 998 So.2d at 533-534 (emphasis supplied) (quoting Miranda, 384 U.S. at 471 , 86 S.Ct. 1602 ). 2007Advising a suspect that he or she has the right "to talk to a lawyer before answering . . . any of our questions" constitutes a narrower and less functional warning than that required by Miranda. [9] The Fifth Amendment to the United States Constitution specifies that no person "shall be compelled in any criminal case to be a witness against himself." To ensure compliance with the protections of the Self-Incrimination Clause when a suspect has been deprived of freedom during a custodial interrogation, the Court identified four essential warnings in Miranda: [1] [A suspect:] must be warned prio | 2 | 2007–2009 |
Planned Parenthood v. Farmer
green
2 sentences2001Due process requires, therefore, that the Act not "operate as a functional bar to a minor's exercise of her constitutional right to make her own reproductive decisions." Farmer, 762 A.2d at 634 . 2001Due process requires, therefore, that the Act not “operate as a functional bar to a minor’s exercise of her constitutional right to make her own reproductive decisions.” Farmer, 762 A.2d at 634 . | 2 | 2001–2001 |
Florida v. Powell
green
2 sentences2010Specifically, the warnings given to Miller satisfy the requirements of State v. Powell, 998 So.2d 531 (Fla.2008), rev’d on other grounds, — U.S. -, 130 S.Ct. 1195 , — L.Ed.2d - (2010), and do not constitute a narrower and less functional warning than that required by Miranda. 2010Specifically, the warnings given to Miller satisfy the requirements of State v. Powell, 998 So.2d 531 (Fla.2008), rev'd on other grounds, ___ U.S. ___, 130 S.Ct. 1195 , ___ L.Ed.2d ___ (2010), and do not constitute a narrower and less functional warning than that required by Miranda. | 1 | 2010–2010 |
Powell v. State
green
1 sentence2008The court reasoned that to advise a suspect that he "has the right `to talk to a lawyer before answering ... any of our questions' constitutes a narrower and less functional warning than that required by Miranda. " Powell, 969 So.2d at 1064 . | 1 | 2008–2008 |
Neu v. Miami Herald Pub. Co.
green
1 sentence1998Fla. 85-99 (1985), referencing Liberty County NEA/FTP-NEA v. School Board of Liberty County and Laquita Shuler , 6 FPER para. 11012, in which the Florida Public Employees Relations Commission applied a functional test in stating that a school superintendent was a "chief executive officer" within the meaning of s. 447.203 (9), referring to pertinent extraneous statutory provisions describing the required duties and functions of a superintendent, including the superintendent's duty to advise and counsel with the School Board and to make recommen-dations regarding numerous matters of policy and a | 1 | 1998–1998 |
School Bd. of Duval Cty. v. Fla. Pub. Co.
green
1 sentence1998Fla. 85-99 (1985), referencing Liberty County NEA/FTP-NEA v. School Board of Liberty County and Laquita Shuler , 6 FPER para. 11012, in which the Florida Public Employees Relations Commission applied a functional test in stating that a school superintendent was a "chief executive officer" within the meaning of s. 447.203 (9), referring to pertinent extraneous statutory provisions describing the required duties and functions of a superintendent, including the superintendent's duty to advise and counsel with the School Board and to make recommen-dations regarding numerous matters of policy and a | 1 | 1998–1998 |
City of Dunnellon v. Aran
green
2 sentences1998Fla. 85-99 (1985), referencing Liberty County NEA/FTP-NEA v. School Board of Liberty County and Laquita Shuler , 6 FPER para. 11012, in which the Florida Public Employees Relations Commission applied a functional test in stating that a school superintendent was a "chief executive officer" within the meaning of s. 447.203 (9), referring to pertinent extraneous statutory provisions describing the required duties and functions of a superintendent, including the superintendent's duty to advise and counsel with the School Board and to make recommen-dations regarding numerous matters of policy and a 1998Fla. 85-99 (1985), referencing Liberty County NEA/FTP-NEA v. School Board of Liberty County and Laquita Shuler , 6 FPER para. 11012, in which the Florida Public Employees Relations Commission applied a functional test in stating that a school superintendent was a "chief executive officer" within the meaning of s. 447.203 (9), referring to pertinent extraneous statutory provisions describing the required duties and functions of a superintendent, including the superintendent's duty to advise and counsel with the School Board and to make recommen-dations regarding numerous matters of policy and a | 1 | 1998–1998 |
Fine v. Firestone
green
1 sentence1994Fine, 448 So.2d at 990 . | 1 | 1994–1994 |
Hirt v. POLK CTY. BD. OF COUNTY COM'RS
green
1 sentence1991Also recently in Hirt v. Polk County Board of County Commissioners, 578 So.2d 415 (Fla. 2d DCA 1991), the second district applied a functional analysis approach and found that a decision as to whether a zoning action was quasi-judicial or legislative rested on (a) the nature of the challenge and (b) the manner in which the determination is made. | 1 | 1991–1991 |
McGovern v. Lee County
green
1 sentence1979Hence, “those who directly benefit from the project should bear a substantial portion of the cost and . . . those who bear the substantial cost should benefit from the expenditure of money on the project.” McGovern, 346 So.2d at 64 . | 1 | 1979–1979 |
Columbia International Corp. v. Kempler
green
1 sentence1979The Supreme Court of Wisconsin in Columbia International v. Kempler, supra applied a functional test of intention. | 1 | 1979–1979 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.