residence requirement (Florida) · Go Syfert
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residence requirement in Florida

13 Florida opinions name it 2 courts 1966–2024 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.

Followed or applied (7)

CaseFollowedCited
Craft v. Stategreen
fladistctapp · 1994 · cited in 2 Florida opinions naming this issue, 1996–2003
2 sentences

2003Id. at 1053 ; see also Craft v. State, 638 So.2d 1011, 1013 (Fla. 2d DCA 1994) (holding that an officer's belief that he or she may be in peril if the knock and announce procedure is followed should be based on particular circumstances existing at the time of entry and should be based on something more than generalized knowledge that a defendant has been known to carry a weapon at some time in the past).

1996Id. at 1053 .

12
Gene E. Rutland v. State of Floridagreen
fladistctapp · 2015 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024See Rutland, 166 So. 3d at 878–79 (noting trial court’s “overwhelming focus” at violation hearing on failure to report).

11
Miller v. Mendezgreen
fla · 2001 · cited in 1 Florida opinions naming this issue, 2020–2020
1 sentence

2020In Miller v. Mendez, 804 So. 2d 1243, 1245 (Fla. 2001), this Court held “that a candidate for judicial office must be a resident of the territorial jurisdiction of the court at the time he or she assumes office,” disapproving the conclusion “that the residence requirement refers to residence at the time of qualifying or taking the oath of candidate.” Further, in In re Advisory Opinion to the Governor, 192 So. 2d 757, 759 (Fla. 1966), this Court stated that the bar membership eligibility requirement “refer[s] to eligibility at the time of assuming office and not at the - 26 - time of qualificat

11
Florida Bar v. Rogersgreen
fla · 1966 · cited in 1 Florida opinions naming this issue, 2020–2020
1 sentence

2020In Miller v. Mendez, 804 So. 2d 1243, 1245 (Fla. 2001), this Court held “that a candidate for judicial office must be a resident of the territorial jurisdiction of the court at the time he or she assumes office,” disapproving the conclusion “that the residence requirement refers to residence at the time of qualifying or taking the oath of candidate.” Further, in In re Advisory Opinion to the Governor, 192 So. 2d 757, 759 (Fla. 1966), this Court stated that the bar membership eligibility requirement “refer[s] to eligibility at the time of assuming office and not at the - 26 - time of qualificat

11
Fazio v. Faziogreen
fla · 1953 · cited in 1 Florida opinions naming this issue, 1993–1993
1 sentence

1993See Fazio v. Fazio, 66 So.2d 297 (Fla. 1953); Chisholm; Wise.

11
Gillman v. Gillmangreen
fladistctapp · 1982 · cited in 1 Florida opinions naming this issue, 1989–1989
1 sentence

1989Thus, the residence requirement is not satisfied by the mere maintenance of a vacation or other temporary home in this state." Gillman v. Gillman, 413 So.2d 412, 413 (Fla. 4th DCA 1982) (citation omitted).

11
Florida Real Estate Commission v. McGregorgreen
fla · 1976 · cited in 1 Florida opinions naming this issue, 1978–1978
1 sentence

1978Thus in Shapiro ... we stated: `The residence requirement and the oneyear waiting-period requirement are distinct and independent prerequisites.' And in Memorial Hospital , ... quoting Dunn , ... the Court explained that Shapiro and Dunn did not question `the validity of appropriately defined and uniformly applied bona fide residence requirements.'" [6] See Florida Real Estate Comm'n v. McGregor, 336 So.2d 1156, 1159 (Fla. 1976). [7] See, among others, § 466.24, Fla. Stat. (1975). [8] The Board tests competency and invokes disciplinary measures only on the basis of complaints, rather than peri

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (14)

CaseCitedYears
State v. Bamber green
fla · 1994
2 sentences

2024The Court in Bamber addressed a no-knock search conducted under a search warrant in violation of section 933.09 and refused to expand the exclusionary rule exceptions recognized under Benefield to include a blanket exception “any time a small quantity of drugs is believed to be present in a residence with standard plumbing.” 630 So. 2d at 1053 .

2003Id. at 1053 ; see also Craft v. State, 638 So.2d 1011, 1013 (Fla. 2d DCA 1994) (holding that an officer's belief that he or she may be in peril if the knock and announce procedure is followed should be based on particular circumstances existing at the time of entry and should be based on something more than generalized knowledge that a defendant has been known to carry a weapon at some time in the past).

22003–2024
State Farm Fire & Cas. v. CTC DEVELOPMENT green
fla · 1998
1 sentence

2005The court focused on whether the event constituted an "occurrence" under the policy, which was broadly defined to include "[a]n accident, including continuous or repeated exposure to substantially the same general harmful conditions which result in bodily injury or property damage." Id. at 1073 .

12005–2005
Armenteros v. State green
fladistctapp · 1989
1 sentence

1994The State in the present case urges us to expand this exception to embrace the "blanket approach" adopted by the district courts in Armenteros v. State, 554 So.2d 574 (Fla. 3rd DCA 1989), and State v. Bell, 564 So.2d 1235 (Fla. 5th DCA 1990), which excuses forcible entry any time a small quantity of drugs is believed to be present in a residence with standard plumbing — regardless of immediacy of destruction.

11994–1994
People v. Gastelo green
cal · 1967
2 sentences

1994This approach, however, has been rejected by an increasing number of courts in favor of the position articulated by Chief Justice Traynor in People v. Gastelo, 67 Cal.2d 586 , 63 Cal. Rptr. 10 , 432 P.2d 706 (1967): The Attorney General contends that unannounced forcible entry to execute a search warrant is always reasonable in narcotics cases, on the ground that narcotics violators normally are on the alert to destroy the easily disposable evidence quickly at the first sign of an officer's presence.

1994This approach, however, has been rejected by an increasing number of courts in favor of the position articulated by Chief Justice Traynor in People v. Gastelo, 67 Cal.2d 586 , 63 Cal. Rptr. 10 , 432 P.2d 706 (1967): The Attorney General contends that unannounced forcible entry to execute a search warrant is always reasonable in narcotics cases, on the ground that narcotics violators normally are on the alert to destroy the easily disposable evidence quickly at the first sign of an officer's presence.

11994–1994
State v. Bell green
fladistctapp · 1990
1 sentence

1994The State in the present case urges us to expand this exception to embrace the "blanket approach" adopted by the district courts in Armenteros v. State, 554 So.2d 574 (Fla. 3rd DCA 1989), and State v. Bell, 564 So.2d 1235 (Fla. 5th DCA 1990), which excuses forcible entry any time a small quantity of drugs is believed to be present in a residence with standard plumbing — regardless of immediacy of destruction.

11994–1994
Fortson v. Dorsey green
scotus · 1965
2 sentences

1976In upholding a residence requirement for the election of state senators from a multi-district county we said in Fortson v. Dorsey, 379 U.S. 433, 438 , 85 S.Ct. 498, 501 , 13 L.Ed.2d 401 : “ ‘It is not accurate to treat a senator from a multi-district county as the representative of only that district within the county wherein he resides.

1976In upholding a residence requirement for the election of state senators from a multi-district county we said in Fortson v. Dorsey, 379 U.S. 433, 438 , 85 S.Ct. 498, 501 , 13 L.Ed.2d 401 : “ ‘It is not accurate to treat a senator from a multi-district county as the representative of only that district within the county wherein he resides.

11976–1976
Ponder v. Graham green
fla · 1851
2 sentences

1973Whether divorces should be granted, and if granted, only for the cause of adultery; whether the residence requirement should be three months, six months, or two years, are matters for the Legislature to decide; and when the decision has been made, it becomes incumbent upon the Judicial branch to enforce it. " (emphasis added) Appellant urges Ponder, supra , as a basis for voiding the legislative provision for "no fault divorce." The dissolution of marriage provided in the new law is not, however, "a legislative divorce" which was granted in the early day of Ponder, supra , by the Legislative C

1973Whether divorces should be granted, and if granted, only for the cause of adultery; whether the residence requirement should be three months, six months, or two years, are matters for the Legislature to decide; and when the decision has been made, it becomes incumbent upon the Judicial branch to enforce it. " (emphasis added) Appellant urges Ponder, supra , as a basis for voiding the legislative provision for "no fault divorce." The dissolution of marriage provided in the new law is not, however, "a legislative divorce" which was granted in the early day of Ponder, supra , by the Legislative C

11973–1973
Smith v. Texas green
scotus · 1914
2 sentences

1966Smith v. State of Texas, 233 U.S. 630, 636 , 34 S.Ct. 681 , 58 L.Ed. 1129 , L.R.A. 1915D, 677 .

1966Smith v. State of Texas, 233 U.S. 630, 636 , 34 S.Ct. 681 , 58 L.Ed. 1129 , L.R.A. 1915D, 677 .

11966–1966
Mayflower Farms, Inc. v. Ten Eyck green
scotus · 1936
2 sentences

1966Mayflower Farms v. Ten Eyck, 297 U.S. 266 , 56 S.Ct. 457 , 80 L.Ed. 675 ; Del Mar Canning Co. v. Payne, 29 Cal.2d 380 , 175 P.2d 231 ; Van Harlingen v. Doyle, 134 Cal. 53 , 66 P. 44 , 54 L.R.A. 771 ; Soares v. City of Santa Maria, 38 Cal. App.2d 215, 218 , 100 P.2d 1108 ; In re Fasset, 21 Cal. App.2d 557 , 69 P.2d 865 ." In Wormsen v. Moss, 177 Misc. 19 , 29 N.Y.S.2d 798 , the Supreme Court of New York struck down a residence requirement as a prerequisite to the issuance of a license to act as a massage operator, and said (p. 801): "In so far as one is deprived of the right to labor, his liber

1966Mayflower Farms v. Ten Eyck, 297 U.S. 266 , 56 S.Ct. 457 , 80 L.Ed. 675 ; Del Mar Canning Co. v. Payne, 29 Cal.2d 380 , 175 P.2d 231 ; Van Harlingen v. Doyle, 134 Cal. 53 , 66 P. 44 , 54 L.R.A. 771 ; Soares v. City of Santa Maria, 38 Cal. App.2d 215, 218 , 100 P.2d 1108 ; In re Fasset, 21 Cal. App.2d 557 , 69 P.2d 865 ." In Wormsen v. Moss, 177 Misc. 19 , 29 N.Y.S.2d 798 , the Supreme Court of New York struck down a residence requirement as a prerequisite to the issuance of a license to act as a massage operator, and said (p. 801): "In so far as one is deprived of the right to labor, his liber

11966–1966
In Re Fassett green
calctapp · 1937
2 sentences

1966Mayflower Farms v. Ten Eyck, 297 U.S. 266 , 56 S.Ct. 457 , 80 L.Ed. 675 ; Del Mar Canning Co. v. Payne, 29 Cal.2d 380 , 175 P.2d 231 ; Van Harlingen v. Doyle, 134 Cal. 53 , 66 P. 44 , 54 L.R.A. 771 ; Soares v. City of Santa Maria, 38 Cal. App.2d 215, 218 , 100 P.2d 1108 ; In re Fasset, 21 Cal. App.2d 557 , 69 P.2d 865 ." In Wormsen v. Moss, 177 Misc. 19 , 29 N.Y.S.2d 798 , the Supreme Court of New York struck down a residence requirement as a prerequisite to the issuance of a license to act as a massage operator, and said (p. 801): "In so far as one is deprived of the right to labor, his liber

1966Mayflower Farms v. Ten Eyck, 297 U.S. 266 , 56 S.Ct. 457 , 80 L.Ed. 675 ; Del Mar Canning Co. v. Payne, 29 Cal.2d 380 , 175 P.2d 231 ; Van Harlingen v. Doyle, 134 Cal. 53 , 66 P. 44 , 54 L.R.A. 771 ; Soares v. City of Santa Maria, 38 Cal. App.2d 215, 218 , 100 P.2d 1108 ; In re Fasset, 21 Cal. App.2d 557 , 69 P.2d 865 ." In Wormsen v. Moss, 177 Misc. 19 , 29 N.Y.S.2d 798 , the Supreme Court of New York struck down a residence requirement as a prerequisite to the issuance of a license to act as a massage operator, and said (p. 801): "In so far as one is deprived of the right to labor, his liber

11966–1966
Soares v. City of Santa Maria green
calctapp · 1940
2 sentences

1966Mayflower Farms v. Ten Eyck, 297 U.S. 266 , 56 S.Ct. 457 , 80 L.Ed. 675 ; Del Mar Canning Co. v. Payne, 29 Cal.2d 380 , 175 P.2d 231 ; Van Harlingen v. Doyle, 134 Cal. 53 , 66 P. 44 , 54 L.R.A. 771 ; Soares v. City of Santa Maria, 38 Cal. App.2d 215, 218 , 100 P.2d 1108 ; In re Fasset, 21 Cal. App.2d 557 , 69 P.2d 865 ." In Wormsen v. Moss, 177 Misc. 19 , 29 N.Y.S.2d 798 , the Supreme Court of New York struck down a residence requirement as a prerequisite to the issuance of a license to act as a massage operator, and said (p. 801): "In so far as one is deprived of the right to labor, his liber

1966Mayflower Farms v. Ten Eyck, 297 U.S. 266 , 56 S.Ct. 457 , 80 L.Ed. 675 ; Del Mar Canning Co. v. Payne, 29 Cal.2d 380 , 175 P.2d 231 ; Van Harlingen v. Doyle, 134 Cal. 53 , 66 P. 44 , 54 L.R.A. 771 ; Soares v. City of Santa Maria, 38 Cal. App.2d 215, 218 , 100 P.2d 1108 ; In re Fasset, 21 Cal. App.2d 557 , 69 P.2d 865 ." In Wormsen v. Moss, 177 Misc. 19 , 29 N.Y.S.2d 798 , the Supreme Court of New York struck down a residence requirement as a prerequisite to the issuance of a license to act as a massage operator, and said (p. 801): "In so far as one is deprived of the right to labor, his liber

11966–1966
Del Mar Canning Co. v. Payne green
cal · 1946
2 sentences

1966Mayflower Farms v. Ten Eyck, 297 U.S. 266 , 56 S.Ct. 457 , 80 L.Ed. 675 ; Del Mar Canning Co. v. Payne, 29 Cal.2d 380 , 175 P.2d 231 ; Van Harlingen v. Doyle, 134 Cal. 53 , 66 P. 44 , 54 L.R.A. 771 ; Soares v. City of Santa Maria, 38 Cal. App.2d 215, 218 , 100 P.2d 1108 ; In re Fasset, 21 Cal. App.2d 557 , 69 P.2d 865 ." In Wormsen v. Moss, 177 Misc. 19 , 29 N.Y.S.2d 798 , the Supreme Court of New York struck down a residence requirement as a prerequisite to the issuance of a license to act as a massage operator, and said (p. 801): "In so far as one is deprived of the right to labor, his liber

1966Mayflower Farms v. Ten Eyck, 297 U.S. 266 , 56 S.Ct. 457 , 80 L.Ed. 675 ; Del Mar Canning Co. v. Payne, 29 Cal.2d 380 , 175 P.2d 231 ; Van Harlingen v. Doyle, 134 Cal. 53 , 66 P. 44 , 54 L.R.A. 771 ; Soares v. City of Santa Maria, 38 Cal. App.2d 215, 218 , 100 P.2d 1108 ; In re Fasset, 21 Cal. App.2d 557 , 69 P.2d 865 ." In Wormsen v. Moss, 177 Misc. 19 , 29 N.Y.S.2d 798 , the Supreme Court of New York struck down a residence requirement as a prerequisite to the issuance of a license to act as a massage operator, and said (p. 801): "In so far as one is deprived of the right to labor, his liber

11966–1966
Wormsen v. Moss green
nysupct · 1941
2 sentences

1966Mayflower Farms v. Ten Eyck, 297 U.S. 266 , 56 S.Ct. 457 , 80 L.Ed. 675 ; Del Mar Canning Co. v. Payne, 29 Cal.2d 380 , 175 P.2d 231 ; Van Harlingen v. Doyle, 134 Cal. 53 , 66 P. 44 , 54 L.R.A. 771 ; Soares v. City of Santa Maria, 38 Cal. App.2d 215, 218 , 100 P.2d 1108 ; In re Fasset, 21 Cal. App.2d 557 , 69 P.2d 865 ." In Wormsen v. Moss, 177 Misc. 19 , 29 N.Y.S.2d 798 , the Supreme Court of New York struck down a residence requirement as a prerequisite to the issuance of a license to act as a massage operator, and said (p. 801): "In so far as one is deprived of the right to labor, his liber

1966Mayflower Farms v. Ten Eyck, 297 U.S. 266 , 56 S.Ct. 457 , 80 L.Ed. 675 ; Del Mar Canning Co. v. Payne, 29 Cal.2d 380 , 175 P.2d 231 ; Van Harlingen v. Doyle, 134 Cal. 53 , 66 P. 44 , 54 L.R.A. 771 ; Soares v. City of Santa Maria, 38 Cal. App.2d 215, 218 , 100 P.2d 1108 ; In re Fasset, 21 Cal. App.2d 557 , 69 P.2d 865 ." In Wormsen v. Moss, 177 Misc. 19 , 29 N.Y.S.2d 798 , the Supreme Court of New York struck down a residence requirement as a prerequisite to the issuance of a license to act as a massage operator, and said (p. 801): "In so far as one is deprived of the right to labor, his liber

11966–1966
Van Harlingen v. Doyle green
cal · 1901
2 sentences

1966Mayflower Farms v. Ten Eyck, 297 U.S. 266 , 56 S.Ct. 457 , 80 L.Ed. 675 ; Del Mar Canning Co. v. Payne, 29 Cal.2d 380 , 175 P.2d 231 ; Van Harlingen v. Doyle, 134 Cal. 53 , 66 P. 44 , 54 L.R.A. 771 ; Soares v. City of Santa Maria, 38 Cal. App.2d 215, 218 , 100 P.2d 1108 ; In re Fasset, 21 Cal. App.2d 557 , 69 P.2d 865 ." In Wormsen v. Moss, 177 Misc. 19 , 29 N.Y.S.2d 798 , the Supreme Court of New York struck down a residence requirement as a prerequisite to the issuance of a license to act as a massage operator, and said (p. 801): "In so far as one is deprived of the right to labor, his liber

1966Mayflower Farms v. Ten Eyck, 297 U.S. 266 , 56 S.Ct. 457 , 80 L.Ed. 675 ; Del Mar Canning Co. v. Payne, 29 Cal.2d 380 , 175 P.2d 231 ; Van Harlingen v. Doyle, 134 Cal. 53 , 66 P. 44 , 54 L.R.A. 771 ; Soares v. City of Santa Maria, 38 Cal. App.2d 215, 218 , 100 P.2d 1108 ; In re Fasset, 21 Cal. App.2d 557 , 69 P.2d 865 ." In Wormsen v. Moss, 177 Misc. 19 , 29 N.Y.S.2d 798 , the Supreme Court of New York struck down a residence requirement as a prerequisite to the issuance of a license to act as a massage operator, and said (p. 801): "In so far as one is deprived of the right to labor, his liber

11966–1966

Statutes the citing opinions construe

FL § 933.09 (4)

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.

Where else courts name it

NY 36 (1953–2026) CA 24 (1951–2024) TX 17 (1972–2021) FL 13 (1966–2024) IL 11 (1979–2023) NJ 8 (1959–2023) MA 7 (1893–2017) AR 7 (1947–2004) OH 7 (1975–2025) MI 6 (1963–2023) HI 5 (1940–2016) AL 5 (1994–2015) WV 5 (1979–2012) NM 4 (1967–1993) MO 4 (1971–2005) PA 4 (1955–2017) OR 4 (2011–2020) KS 3 (1957–2023) TN 3 (1974–2017) AZ 3 (1929–2000) CT 3 (1928–1994) PR 2 (1962–1965) IN 2 (1970–1981) WA 2 (1973–1978) ID 2 (1957–1982) NC 2 (1975–2008) LA 2 (1974–1975) IA 2 (1952–1963) CO 2 (1965–2011) OK 2 (1963–1965) ME 2 (1968–2002) WI 2 (1981–1992)

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.

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