Florida/Georgia Personal Injury & Workers Compensation

of Torts § 757 cmt. b); Unif. Trade Secrets Act § 1(4), 14 U.L.A. 438 (1985) (defining "trade secret”

in foreign or interstate commerce.” 9 U.S.C. § 1. 4 . For example, the Second Circuit in

nations, is declared to be illegal." 15 U.S.C. § 1. [4] Jacobs seeks the same relief against TPX's parent

...In general, the test is whether the employer exercised the level of care which, under all the circumstances, the reasonably prudent man would exercise in choosing or retaining an employee for the particular duties to be performed. 4F Personal Injury: Actions, Defenses, Damages Masters and Servants § 1.04 (1982); see also, Jacksonville Journal Co....

imprisonment for up to twelve (12) months.” Id. § 1^4(E). Each sign that violated the 1998 Sign Ordinance

Wayne R. LaFave & Jerome H. Israel, supra n. 6, § 1.4, at 21. Second, the term "arraignment" refers to

...liatory personnel action. In fact, subsection 448.103(1)(c) specifically incorporates the written notice provision of subsection 448.102(1). Further, these sections were enacted as part of the same session law. See ch. 91-285, Laws of Fla.; see also § 1.04, Fla.Stat....

Austin W. Scott, Jr., 1 Substantive Criminal Law § 1.4(b), at 24 (1986) (emphasis and underscoring deleted;

protection of the laws.” U.S. Const, amend. XIV, § 1. 4 . The Court has established two standards

...By special act, the Legislature has expressly granted the City full power and authority to provide public utility services of all kinds. Ch. 90-394, § 1, at 23, Laws of Fla. (amending the charter of the City of Gainesville, and providing in Article I, section 1.04(2), that the city may "own, operate, or lease local public utilities, including: ......

process of law. . . .” U.S. Const. amend. XIV, § 1. 4 . Paragraph E of Regulation 410 establishes

that they were not filed in compliance with Section 1.4(d), Florida Rules of Civil Procedure, 30 F.S

Philip J. Padovano, 5 West's Fla. Practice Series § 1.4 (2007-08 ed.) (a party may challenge a court's subject-matter

issues in this appeal do not involve 18 U.S.C. app. § 1-4, which deal with the protection, if proper, of classified

...The first Federal administrative law was embodied in the 1789 Statutes, and shortly thereafter legal writers conceded that the old doctrine prohibiting the delegation of legislative power had "virtually retired from the field." Administrative Law Treatise by Davis, Vol. 1, § 1.04....

effective redefinition of the term “Allowed” in § 1.4 of the Second Amended Plan. Enron argues that the

Philip J. Padovano, Florida Appellate Practice § 1.4 (2005 ed.). [4] "A lawyer shall provide competent

services and functions in each. The first reads: "Section 1.4: Consolidation of Air and Water Pollution Control

...Legislature. See Ch. 93-415, § 17, at 98-111, Laws of Fla. In addition to the above subsection, the legislature amended section 440.13 by including within it subsections (5),(6),(7), (8) and (9), all of which in should be read in pari materia. See § 1.04, Fla....

W. LaFave & A. Scott, Substantive Criminal Law § 1.4(b) (1986). [4] We recognize that not all statements

Constitution of the United States, and Article VI, Section 1,[4] and Article I, Section 4[5] of the Florida

...e issuance of bonds or the acquisition of lands by purchase or eminent domain. In addition to the general authority, the City Charter of West Palm Beach (Fla. Laws, Ch. 65-2381) expressly grants to the City the power to dispose of property by lease. Section 1.04 of the Charter contains the following: "The city shall have the following enumerated powers, subject to the limitations set forth herein: (1) To acquire and dispose of any type of property or interest therein, within or without the city;...

...Chapter 89-531, which became effective on October 1, 1989, forfeited gain time in cases of probation and community control violations, and chapter 89-526, which did not become effective until September 1, 1990, added control release to the application of the statute. [1] As explained in section 1.04, Florida Statutes (1989): 1.04 Statutory construction; amendatory acts passed at the same session....

JONES, Florida Civil and Criminal Discovery, section 1-4 (2d ed 1976) (noting the availability of this

...others. In jurisdictions where the jurors select a foreman, you may wish to ascertain whether any juror has been a foreman during prior jury service, as this may indicate a kingpin personality. *1024 Ward Wagner, Jr., Art of Advocacy-Jury Selection § 1.04[3] (1992)....

Department of Health and Rehabilitative Services. Id. at § 1.4(n). The Abuse Registry records the complaints and

§ 2, Fla. Const. [3] U.S.Const. Amend. XIV, § 1. [4] U.S.Const. Amend. I; Art. I, § 4, Fla. Const

...arbitrary. Additionally, the City argues that it made clear, detailed, and specific legislative declarations as to the special benefit to property from the fire rescue program. The City points to the Fire Rescue Assessment Ordinance (the Ordinance): Section 1.04....

Ord. No. 98-125, § 21, 9-3-98; Ord. No. 99-32, § 1, 4-13-99) Sec. 33-256. Setbacks, cubic content, yard

Article 9, of the Constitution of Florida, F.S.A.? Section 1(4) of Chapter 15425, Special Acts of 1931, being

S. Const. Art. I, § 1; Art. II, § 1; Art. III, § 1. [4] § 775.082(8)(a)2. [5] § 775.082(8)(d)1.c. [6]

payment due [Westinghouse] pursuant to this Section 1.4(b), either party may give written notice of such

...horizing enhanced sentencing. See Ch. 88-131, § 6, Laws of Fla. It is specifically provided that acts passed during the same session amending the same statutory provision should be construed in pari materia, and full effect should be given to each. § 1.04, Fla....

did not address the equal protection argument. Section 1[4] of the act contains a recitation of legislative

petitioners' failure to meet the requirements of section 1.4 of the contract as amended, concerning cure of

which we decide this case. [7] Fla. Const. art. X, § 1, 4 (1885). [8] See § 731.27, F.S. 1959.

therefor." LaFave and Scott, Criminal Law, Ch. 1, § 1.4(b) (1986). With regard to the level of proof, a

the buses. Act of May 4, 1999, Pub.L. No. 106-26, § 1(4), (5), 113 Stat. 50, 50 (awarding Parks the Congressional

R. LaFave & Austin W. Scott, Jr., Criminal Law § 1.4(b) (2d ed.1986). The state is charged with the burden

29923, § 1; Laws 1957, Ex.Sess., c. 57-1990, § 1. [4] There is no question here of making provision

75-108, § 1(2)(b), (d) (emphasis added). Under § 1(4)(b), enforcement of the right of contribution by

regarding national security classification, and, at section 1.4, the specific categories of information which

a, at 641-642; 1 G. Palmer, Law of Restitution § 1.4, p. 17; § 3.7, p. 262 (1978). A court of equity

...ession of the legislature dealing with the same subject matter must be considered in pari materia in order to harmonize them and, at the same time, to give effect to the legislative intent. Singleton v. Larson, 46 So.2d 186, 189 (Fla.1950); see also § 1.04, Fla....

Philip J. Padovano, Florida Appellate Practice § 1.4 (2005 ed.). Thus we had jurisdiction to decide the

...[2] A dual system of federal and state law provide the legal grounds for service mark protection. At the federal level, the Lanham Act applies, and at the state level, both the common law of unfair competition and a network of statutory laws apply. Gilson, Trademark Protection and Practice, Volume 1, § 1.04....

WHITE & ROBERT S. SUMMERS, UNIFORM COMMERCIAL CODE § 1-4 (4th ed.1995). Consequently, I look elsewhere for

violated section 1 of the Sherman Act, 15 U.S.C. § 1,[4] by conspiring to engage in price fixing, a concerted

...e effective date for other provisions expressed the legislature's intent that the latter provisions take effect on the date initially designated, July 1, 1979. This interpretation is consonant not only with the case law, but also with statutory law. Section 1.04, Florida Statutes (1979), provides that amendatory acts passed in the same legislative session are to be read in pari materia and "full effect is to be given to each, if that is possible." The order of the Deputy Commissioner finding the...

...[22] Accordingly, in order to reach our conclusion, we must first examine section 120.52(1), which defines "agency" for Chapter 120 purposes. Discussion As a starting point, subsection (1)(a) of section 120.52 must be read in pari materia with subsection (1)(b). § 1.04, Fla....

delinquent. *457Broward Cnty. Ord. No. 2013-20, § 1, 4-9-13, Sec. 10-5 (emphasis added). We disagree with

acting on her behalf. [3] U.S. Const. Art. IV, § 1. [4] See Pottinger v. Pottinger, 133 Fla. 442, 182

Relating to Pleas of Guilty, Approved Draft, 1968, § 1.4(c)(ii), which states that a guilty plea should not

, 861 So.2d 59, 62 (Fla. 4th DCA 2003). . Section 1.4 creates a list of arbitration forums, some of

(12) monthly payments, whichever is longer. Section 1.4 of the agreement provided that "Employer will

apprehension of a subject who has committed a crime. — Section 1.4 provides that a canine may be released from the

...cial benefit to the levied property by protecting the value of improvements and structures, protecting the life and safety of occupants, and lowering the cost of fire insurance and containing the spread of fire incidents. See Ordinance No. 96-6-901, § 1.04....

bankruptcy, insolvency or otherwise...." [53] Section 1.4 requires any transferee to agree to be bound

...The provisions affecting gain time created by chapter 95-184 were directed to only one aspect of gain time. Chapter 95-294, however, encompassed gain time for all offenders who committed their offenses on or after October 1, 1995. As we noted in Bradley v. State, 631 So.2d 1096 (Fla.1994), pursuant to section 1.04, Florida Statutes (2001) ("Statutory Construction"), enactments adopted in the same legislative session and amending the same statutory provision should be given full effect, be read in pari materia, and be construed in harmony to the extent possible....

protection of the laws." U.S. Const. amend. XIV, § 1. 4 To decide whether a facially neutral

to the Constitution of the United States and Section 1[4] of the Declaration of Rights of the Constitution

charter by changing the language in Article I, Section 1.4 of the charter, from: "Municipal ordinances shall

and timely in accordance with chapter 93-401, section 1(4). PRUPAC, according to the department, is attempting

acknowledged that Land Development Regulation section 1.4.1 authorized the City Engineer and the Chief

therefor. 1 Wayne R. LaFave, Substantive Criminal Law § 1.4(b) (2d ed. 2003) (emphasis added); accord Burks

1955; Ord. No. 57-16, § 1, 10-7-57; Ord. No. 58-11, § 1, 4-16-58)”

provided in Section 1-6 of this Code. (Ord. 124, Section 1, 4-2-40).

regarding amounts owed to Westinghouse under Section 1.4(b). The parties did not limit the arbitration

...2013), prevents a municipality from taking quasi-judicial action in ruling on a rezoning request.5 The circuit court further concluded that the City's charter itself requires separation of powers and that because it gives legislative power to the City Council, the City Council cannot exercise judicial power.6 Article I, section 1.04, of the City of Tampa Charter provides: There shall be a distinct separation of legislative and executive powers; and, except as otherwise herein expressly provided, all legislative powers shall be vested in and...

Response at 10 (quoting Ch. 2013-2, Laws of Florida § 1(4)). Accordingly, the State has an important public

1984); Philip Padovano, Florida Appellate Practice, § 1.4, p. 9 (2007-8 ed.). The situation presented to the

...“imbued by the same spirit and actuated by the same policy. . . . ” State ex rel. School Board of Martin County v. Department of Education, 317 So.2d 68, 73 (Fla.1975), quoting Curry v. Lehman, 55 Fla. 847, 855 , 47 So. 18 , 21 (1908); see also § 1.04 Fla.Stat....

Philip J. Padovano, Florida, Appellate Practice § 1.4 (2007 ed.) (citing Godwin v. State, 593 So,2d 211

law since 1831. See Act of Feb. 3, 1831, ch. 16, § 1, 4 Stat. 436 (granting the author of a “musical composition

...22 Accordingly, in order to reach our conclusion, we must first examine section 120.-52(1), which defines “agency” for Chapter 120 purposes. Discussion As a starting point, subsection (l)(a) of section 120.52 must be read in pari mate-ria with subsection (l)(b). § 1.04, Fla.Stat....

4. BAB EXAMINATION 4-10 General Information Section 1.4-11 Florida Bar Examination. The Florida Bar Examination

cats in theunincorporated area of the county.1 Section 1-4-30(a), St. LucieCounty Code of Ordinances, requires

...If no candidate receives a majority of the votes cast there will be a runoff election at the time of the state second primary election between the two candidates receiving the highest number of votes. Should a tie result, the outcome shall be determined by lot. . Article 1, section 1.04(1), of the Dade County Home Rule and Charter reads as follows: The Board shall consist of nine members elected as follows: 1....

State enacted prior to election day.” 3 3 U.S.C. § 1. 4 3 Using its authority under Article II

...act business. The Department of Insurance (DOI) responds that appellant never requested a hearing prior to disposition of its request for declaratory statement, and that none was required under section 120.565 or Florida Administrative Code Rule 4-121.043(2)....

“may” retain the Accountant (a term defined in Section 1.4) to resolve any remaining disputes. (Emphasis

created by special act of the Legislature.1 Section 1(4) of the board's enabling act provides that if

then- existing population cap on permits. Id. § 1(4). Finally, chapter 2012-247 expressly superseded

State Requirements for Educational Facilities. Section 1.4(7) of Volume I of the State Requirements for

jeopardy. Philip J. Padovano, Florida Civil Practice § 1.4, at 9. Based on the foregoing authorities, to exercise

govern this dispute because § 1 4 exempts from the FAA’s coverage

here, but its Home Rule Charter, Article I, Section 1.4, specifically provides that, “Municipal ordinances

Stanger, Health Law Handbook No. 6 at § 1.4 (Aug. 2021) (noting that § 1320a-7b is “not

Ann. Art. 1A, § 9 (1957) ; R.I. Gen.L. cli. 4, § 1-4-3 (1956) ; Nev.Rev. Stat. Yol. 15 § 493.060 (1967)

does not endorse the "items" in the "forum." Id. § 1.4. The guidelines also establish protections for the

to more stringent building code requirements. Section 1-4.7, Life Safety Code, 1981 edition directs that

buses. Act of May 4, 1999, Pub. L. No. 106-26, § 1 (4), (5), 113 Stat. 50, 50 (awarding Parks the Congressional

governing board of the water management district.1 Section (1)4 of Chapter 01-246 provides: "The council shall

...Each party must generally pay its own fees and costs unless a statute or enforceable contract provides otherwise. Alyeska Pipeline Serv. Co. v. Wilderness Soc’y, 421 U.S. 240, 257 , 95 S.Ct. 1612 , 44 L.Ed.2d 141 (1975). JPMCC asserts that it is entitled to attorney’s fees under § 1.04(d) of the Promissory Note between Sagamore and JPMCC....

...That section provides, Borrower agrees to pay on demand all expenses and costs of enforcement, administration and collection incurred or paid including, but not limited to, reasonable attorney’s fees and disbursements of Lender, whether or not any legal proceeding is commenced hereunder. ECF No. 15-1 at 169, § 1.04(d)....

of America." Departmental Order 6, Chapter 1, Section 1.4.21 sets forth a policy and procedure *1242 regarding

J. Padovano, 2 Fla. Prac., Appellate Practice § 1:4 (2019 ed.) (“An appellate proceeding is subject

Philip J. Padovano, Florida Appellate Practice § 1.4 (2007 ed.) (citing Godwin v. State, 593 So. 2d

system under a prior version of Article IX, section 1.4 Id. at 406. Applying the criteria in Baker

as the person in charge believes warranted. Section 1(4), Ch. 74-257, Laws of Florida [s. 396.072(4)]

various recognized medical care organizations. Section 1.4 of the Contract sets forth a description of the

training benefits or programs. AS TO QUESTION 1: Section 1(4) of Ch. 74-360, Laws of Florida [s. 246.201(4)