Florida/Georgia Personal Injury & Workers Compensation

Austin W. Scott, Jr., Substantive Criminal Law § 6.4 at 60 (1986). Because the crime of conspiracy is

...If the process is simply one of assembling into a collective whole A’s and B’s respective contributions, without thereby recasting A’s contribution, then the two contributions may be said to be interdependent. 1 M. Nimmer and D. Nimmer, Nimmer on Copyright § 6.04 at 6-11 (1989)....

Austin W. Scott, Jr., Criminal Law § 6.4(d) (2d ed.1986). Agreements to engage in criminal

LaFave & Jerold H. Israel, Criminal Procedure § 6.4, at 468 (1984) ("[A]t least from the time defendant

commit such person. (Acts 1975, No. 1226, § 6.) 4 . The court noted that while Lynch was

Integration Rule of the Florida Bar, Art. 18, § 6. [4] The correlation between moral character and the

Austin W. Scott, Jr., Substantive Criminal Law § 6.4, at 60 (1986). To be guilty of conspiracy, in other

issued under the provisions of this resolution. "SECTION 6. 4 1/2% Refunding Bonds of 1935 numbered 1 to 125

John G. Grimsley, Fla. Law of Trusts § 6-4 (4th ed. 1993). Here, BONY held the Debtor’s

...ldings” should be exempt from “any taxation under the authority of this state while the same shall continue to be owned, held, used and occupied by the United States for the purposes above- expressed and intended, and not otherwise.”. See Sec. 6.04 Florida Statutes, 1941....

...f the United States and of this state ...” Both section 3, chapter 25, Laws of 1845 and section 4, chapter 4322, Laws of 1895, have been extended on the statute books of Florida throughout the years, without material change or modification. See Secs. 6.04, 192.06(1), Florida Statutes 1941....

...63-1447, Laws of Fla., as amended by Ch. 67-1533, Laws of Fla. [2] Charter, Art. 5, §§ 3(7), 6. [3] Charter, Art. 5, § 6. [4] The remaining two sub-issues related to alleged violations of section 542.19, Florida Statutes (1989) (anti-trust) and section 286.043, Florida Statutes (1989) (bid preclusion)....

Austin W. Scott, Jr., Substantive Criminal Law § 6.4 at fashion, uses the term “conspiracy” to define

uniform, or similar standardized feature. (Id. at § 6.4.1(e).) Island Silver owns and operates an independent

authority. L. Tribe, American Constitutional Law § 6-4 (1978). The focus is upon the subject matter of

menu; or (3) is a fast food restaurant. (Id. at § 6.4.1(d).) The ordinance states that "[f]ormula restaurants

...# 2) and also contains an anti-assignment provision. Section 6.01 of the ESOP provides that the shares in a participant's account may be distributed only upon retirement, death or termination of employment (Defendant's Exh. # 1) with one exception. The exception is contained in Section 6.04 of ESOP (Defendant's Exh....

Colo. Const, art. V, § 47; Haw. Const, art. IV, § 6(4); Ill. Const, art. IV, § 3(a); Me. Const, art. IV

...at hand). [10] Florida courts presume that the legislature is aware of the case law pertaining to matters it is legislating. Ford v. Wainwright, 451 So.2d 471 (Fla.1984). [11] See also W. Shernoff, S. Gage & H. Levine, Insurance Bad Faith Litigation § 6.04(3) (1986) wherein the author states: One state, Florida, has enacted statutory provisions expressly authorizing a private civil action for damages against an insurer who commits various unfair claims settlement practices [footnote citation to Fla.Stat....

distributions from the settlement fund. Relying on § 6.4(c)-(d), the court found that the Agreement contemplated

...(e.s.) Assumption of risk, as the Blackburn decision observed, may or may not, depending on the circumstances, be equivalent to contributory negligence. While the two may, on occasions, overlap, or one may exist without the other, 1 Dooley, Modern Tort Law § 6.04 at 156 (1977), both have distinct meanings....

bank account. See: 2 American Law of Property, § 6.4, p. 16 (1952). No one had a special property interest

through growth is contemplated by the agreement. Section 6.4 provides that PPA will assist Interlachen to

...[1] Damages must receive the priority provided general unsecured creditors as stated in the Bankruptcy Code. Although prohibiting competition is of concern to Plaintiff's business, it is not relevant to the Court in determining Plaintiff's present interest in the software. The noncompete provision contained in section 6.04, if it is a material obligation at all, applies only to the Seller....

immediately, as he was permitted to do under section 6.4(a) of the Plan. Consistent with the Plan’s payout

performed by special masters. See, e.g., art. V, § 6(4), Fla. Const. (1969); art. V, § 14; Fla. Const.

...ess does not affect this conclusion. United States v. State Tax Commission of Mississippi, 412 U.S. 363, 371-72, 93 S.Ct. 2183, 37 L.Ed.2d 1 (1973). The cessions were all made with the consent of the Florida Legislature, which is given by Fla. Stat. § 6.04 [7] when a deed of cession is signed by the Governor of the State, as was the case here....

...s of the State where such lands are situated. Unless and until the United States has accepted jurisdiction over lands hereafter to be acquired as aforesaid, it shall be conclusively presumed that no such jurisdiction has been accepted. [7] Fla.Stat. § 6.04 provides: Jurisdiction over such lands; now ceded to the United States....

cause." Wayne R. LaFave, Substantive Criminal Law § 6.4(h) (3d ed. 2003).

W. LaFave, A. Scott, Substantive Criminal Law § 6.4, at 76 (1986); Lavette v. State, 442 So.2d 265 (Fla

regard for human life. Fla. Std. Jury Instr. (Crim.) § 6.4., at 1744 (emphasis added). We believe that the

electoral geography. See Ala. Const, amend. 328, § 6.04(b); Ala.Code § 12-11-30 (1993). These constitutional

Patrick John McGinley, Florida Workers' Compensation § 6.4 (2006 ed.). Distinguishing the relevant employer

automatic sprinkler system in accordance with Section 6-4."

further negotiation. 1 S. Gard, Florida Evidence § 6:04 (1980). Under this rationale, this portion of the

is by right and requires no prior approval. ULDC § 6.4.C.1 (1995). Class B conditional uses are permitted

section 5.4; "Slip Lease or Use Agreement," section 6.4 (providing that costs and fees were to be charged

...ount, concurrently. Id. In his motion for postconviction relief, the appellant asserts his charged offenses in lower tribunal case number 01-5314 were committed over fifteen years ago at a residential housing unit on Naval Air Station, Jacksonville. Section 6.04, Florida Statutes (1977), provides in pertinent part: Whenever the United States shall contract for, purchase, or acquire any land within the limits of this state for the purposes aforesaid, in either of the modes above mentioned and pro...

...the land or lands so to be ceded, and every portion thereof, so far that all process, civil or criminal, issuing under authority of this state, or of any of the courts or judicial officers thereof may be executed by the proper officers, thereof.... Section 6.04, Florida Statutes, grants the federal government exclusive jurisdiction over government owned territories which have been expressly ceded through application to the state governor, except those areas of concurrent jurisdiction regarding civil and criminal process....

...Thus, the appellant's assertion that the state lacked subject matter jurisdiction to try him for crimes occurring wholly on a military installation with exclusive federal jurisdiction may have merit depending on whether a state governor previously ceded NAS Jacksonville to the federal government as outlined in section 6.04, Florida Statutes....

...before June 1, 2011. Accordingly, we reverse the declaratory judgment with instructions for the trial court to enter a declaratory judgment in accordance with this opinion. Reversed and remanded. MAY and CIKLIN, JJ„ concur. . Read in conjunction, Section 6.04 of the City’s Charter provides the means of commencing such proceedings, providing as follows: Any five (5) qualified voters may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating that they...

"formula retail" establishment as described by § 6.4.1(e) of the Ordinance. The drug store operated by

...e to receive that benefit for the duration of the disability or until reaching age 65, whichever happens first. At age 65, a disability retiree converts to a retiree and receives a normal retirement benefit without regard to disability status. Plan, § 6.04(d)....

in its Bylaws. (See id. ¶ 19 (citing Doc. 1-2, § 6.4 (Bylaws Reappointment Process) ).) Since their initial

Prosecutor v. Akayesu, Judgment, No. ICTR-96-4-T § 6.4. (Sept. 2, 1998)); see also Talisman, 453 F.Supp

established by the Constitution of 1885, Article VIII, Section 6.[4] The remaining question is whether these two

compensation to a Trustee serving in other capacities. Section 6.4 empowers the Trustee: [T]o employ accountants

...s, supports a conclusion that PERC fully performed its statutory duties in a manner complying with due process requirements. § 447.503(4)(a). Discontinuance of Wage Merit Increases. In 1969, City initiated a merit pay system adopting Personnel Rule 6.04 which provided: 6.04 Salary Increases....

...rsonnel evaluation specifying the employees [sic] exceptional performance. Salary increases or decreases resulting from the overall adjustment of salary grades shall not prevent within grade increases in accordance with this section. A similar rule, § 6.04, is incorporated in City's Police Department Rules and Regulations....

LaFave & Austin W. Scott, Jr., Criminal Law § 6.4(d) (2d ed. 1986). Agreements to engage in criminal

being completed or leased-up as required under Section 6.4 of the partnership agreement. Butler alleged

...Leahy, received a sworn written statement from an elector residing in the city, challenging Marina's qualifications and specifically alleging that Marina was not a resident of the City of Sweetwater for six months prior to qualifying for the election, as required by the Sweetwater Code, Section 6.04. Section 6.04 of the Sweetwater Code requires that candidates for city office have been residents of the city at least six months prior to the date of qualification for office and states specifically that: (a) Registration books shall open for qualifi...

...qualified as a candidate. The trial court held an emergency evidentiary hearing, and determined that Marina was not a resident of the City of Sweetwater six months prior to qualifying as a candidate for mayor of the City of Sweetwater as mandated by § 6.04 of the City of Sweetwater Charter....

...denied, 358 So.2d 129 (Fla. 1978). The trial court specifically found that; "Mr. Evaristo `Ever' Marina was not a resident of the City of Sweetwater six (6) months prior to qualifying as a candidate for Mayor of the City of Sweetwater as mandated by § 6.04 of the City of Sweetwater Charter." The statement of facts in Marina's brief candidly admits that there was conflicting evidence and testimony as to Marina's residency during the critical period. Thus, there is substantial support for the trial court's factual determination that Marina was not a qualified candidate. Secondly, Marina challenges Section 6.04 of the Sweetwater Code....

...Thus, the court rejects Coalsales' argument that the provisions of the contract *1278 would be meaningless if the CSA were not a sole source agreement. [24] Coalsales further argues that it had the right, but not the obligation, to supply coal to Gulf Power from other approved sources. Section 6.04 provides, in relevant part: "[Coalsales] shall have the right to supply the coal to be delivered hereunder from the Paso Diablo Mine, (Source A), State of Zulia, Venezuela; the Galatia Mine, (Source B), Saline County, State of Illinois;...

...apable of clearly and unambiguously stating their intentions within the contract. [21] Coalsales identifies these thirty-two provisions as Sections 2.05, 2.06, 2.07, 2.10, 2.12, 2.16, 2.20, 2.22, 2.23, 2.27, 2.28, 2.30, 2.34, 5.02, 5.03, 5.08, 6.02, 6.04, 6.05, 7.01, 7.02, 8.01, 8.02, 9.01, 9.04, 9.06, 9.07, 11.01, 14.02, 14.06, 15.01, and 19.01. [22] Of the sections Coalsales refers to, Sections 2.06, 2.07, 2.10, 2.12, 2.16, 2.20, 2.27, 2.28, 2.34, 5.03, 8.01, 8.02, 9.04, 9.06, 11.01, 14.02, 14.03, 14.06 and 19.01 do not mention Source A or Source B. Coalsales also refers to Sections 6.04, which describes Source C, and 6.05, which describes "other sources," as support for its sole source interpretation. Finally, Coalsales refers to Sections 2.22, 2.23, 2.30, 6.02, 7.01, 7.02, 9.07 and 15.01, which either mention sources other than Source A and Source B directly or refer to Sections 6.04 and 6.05....

...For example, Section 11.01 contains a billing formula which refers to a number of terms, such as the Outbound Loading Point, which are variable rather than fixed. [23] Section 6.02 provides, in relevant part: "It is anticipated that the approximate Annual Quality under this Agreement from Source A (Section 6.04) will be 1,000,000 Tons and from Source B (Section 6.04) 900,000 tons." Similarly, Section 7.02 provides, in relevant part: "It is anticipated that the primary source of coal under this Agreement shall be a blend of coals from Source A and Source B." (emphasis added)....

...Any initiated ordinance may be submitted to the City Commission by petition signed by at least five (5) percent of the City electors as shown by the current voter registration lists. Section 6.03 of the City Charter lists the technical requirements that all petition papers circulated for the purpose of initiative must meet. Section 6.04 sets forth the procedure that must be followed for the filing, examination and certification of all initiated petitions....

state death taxes actually paid... .' Ind. Code § 6-4.1-11-1 (1976). Under Indiana law, `state death taxes'

in Ray v. Mortham, 742 So.2d 1276 (Fla.1999). Section 6.4 of the Palm Beach County Charter, entitled "Savings

annuity contract, the fixed annuity contract omits section 6.4, the operative provision for surrender of the

(11th Cir.1981). . The parties represent that § 6.4(b) of the EEOC Compliance Manual provides that a

...Buildings in existence, or with an approved construction permit on or before July 19, 2001, may be repaired or rebuilt to a habitable density equivalent to the previously existing density.... Those parts of any ordinances in conflict with this section are hereby repealed. Section 6.04, the second proposed amendment on the ballot, pertained to building height limit and provided: No structure, no part of any structure, and no attachment to any structure shall be erected to a height greater than forty-five (45) feet above the grade of the building site....

the making and hearing of motions[.]" 9 U.S.C. § 6. [4] Although the parties' Agreement does not, by

90.95 l(4)(a). See 1 S. Gard, Florida Evidence § 6:04 (2d ed. 1980) (difficult question whether an unexecuted

...uly 19, 2001, may be repaired or rebuilt to a habitable density equivalent to the previously existing density. * * * Those parts of any ordinances in conflict with this section are hereby repealed. (Emphasis added). The second proposed amendment, to section 6.04, would establish building height limits of forty-five (45) feet. Its material provisions are as follows: Sec. 6.04....

...City is correct that neither charter amendment is a "land development regulation," which is defined as "an ordinance enacted by a local governing body ...." § 163.3213(2)(b), Fla. Stat. (2001). An "ordinance" is legislative action of the governing body. § 166.041(1)(a), Fla....

Am., 977 So.2d 630, 632 (Fla. 2d DCA 2008). Section 6.4 of article VI of the stock purchase agreement

Restatement (Third) of Property (Mortgages) § 6.4 cmt. e (1997) (internal citations omitted).

(quoting 1 W. LAFAVE, SUBSTANTIVE CRIMINAL LAW § 6.4(a), 464–466 (2d ed. 2003)). To put a finer point

“deficit funding”. See Master Declaration at Section 6.4; Section 720.308, Florida Statutes. D.R. Horton

of Evidences of Indebtedness. As provided in Section 6.4 Of the Plan, except as otherwise provided in

...# 2) and also contains an anti-assignment provision. Section 6.01 of the ESOP provides that the shares in a participant’s account may be distributed only upon retirement, death or termination of employment (Defendant’s Exh. # 1) with one exception. The exception is contained in Section 6.04 of ESOP (Defendant’s Exh....

alternatives), Section 6.3 (Measures to minimize harm), Section 6.4 (Use of Section 4(f) properties), and Section

...nt Section 1, Article IX, supra, carries the simple provision for the exemption from taxation of property, real and personal, of the United States. Since the enactment of Chapter 25, Laws of Florida, Acts of 1845, now designated as Sections 6.02 and 6.04, Florida Statutes 1955, and F.S.A., provision has existed for deeds of cession from the Governor to the United States saving to the United States exemption from state taxation of the property of the United States....

...Nor can we accept the view that saving to the United States security from taxation did by implication reserve to the state the right to tax the property involved. A comparison of the above language already quoted from the deed and that appearing in Section 6.04, supra, will demonstrate that there was no intention to put in the deed any reservation other than the one established by the legislature as a condition precedent to the validity of such a grant....

...for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings * * The words italicized by us are substantially the same as those recited in the deed of cession. They also appear in Section 6.02, supra. A following statute, Section 6.04, supra, authorizes the Governor to cede jurisdiction over land acquired by the United States Government for such uses and, as we have already indicated, the deed under study contained a recital that it was executed by the Governor under the appropriate statutes....

accordance with Chapter 191, Florida Statutes.5 Section 6(4), Chapter 00-477, Laws of Florida, provides:

the Election of Remedy form provided for in Section 6.4 of this Article before initiating the grievance

...Affirmed. . Article I, Section 8, clause 17, of the United States Constitution empowers the United States to acquire lands from the states for certain specified uses, namely forts, magazines, arsenals, dock-yards and other needful buildings. Sections 6.04 and 6.05, Florida Statutes (1979), provide the procedure by which the State of Florida cedes lands to the United States....

...tate where such lands are situated. Unless and until the United States has accepted jurisdiction over lands hereañer to be acquired as aforesaid, it shall be conclusively presumed that no such jurisdiction has been accepted.” (emphasis supplied). Section 6.04, Florida Statutes (1979), provides that the Governor may cede jurisdiction to the Federal Government “upon application made to him in writing on behalf of the United States for that purpose, accompanied by the proper evidence of said reservation, purchase, contract or acquisition of record ......

AUSTIN W. SCOTT, JR., SUBSTANTIVE CRIMINAL LAW § 6.4 at 60 (1986). To be guilty of conspiracy, in other

section 5.4; “Slip Lease or Use Agreement," section 6.4 (providing that costs and fees were to be charged

common elements was governed and restricted by Section 6.4 which states: 6.4 Material Alterations

...Article VI, section 6.03(A) requires any municipal charter amendment to be submitted to the electorate for approval: 2 Article VI, section 6.03, included in the original 1957 County Home Rule Charter, has never been amended. 5  Except as provided in Section 6.04 [for changes to municipal boundaries], any municipality in the county may adopt, amend, or revoke a charter for its own government or abolish its existence in the following manner....

...omy conferred on Dade County by the Home Rule Amendment, with the result that the method provided therefor by the Home Rule Charter, pursuant to authorization by the Home Rule Amendment, is effective and exclusive . . . .” (citations omitted)). Section 6.04 of the Charter, governing changes in municipal boundaries, provides that proposed boundary changes may be initiated by the governing body of a municipality. Section 6.04 further provides: B....

distributions from the settlement fund. Relying on § 6.4(c)-(d), the court found that the Agreement contemplated

premises within thirty minutes of its initiation); § 6-4 (possession of a glass container while on the beach);

and building permit required of other persons. Section 6(4), Ch. 79-200. The local governing body may not

PEGCA), which became a law on July 9, 1969. Section 6(4)(a) of the act authorizes the issuance of bonds

B. Facts 4 Under the Plan at Section 6.4(a), “Option C” is: A single lump sum

...Section 6.02 addresses the retirement benefit in the event the officer takes early retirement and thereafter dies. Section 6.03 addresses the retirement benefit in the event of the officer’s disability and death subsequent to disability retirement. Section 6.04(a) addresses the retirement benefit in the event the officer’s services are terminated for any reason other than his death. Sections 6.04(b) and (c), as amended, address the benefit payable in the event of the officer’s death on or before his normal retirement date while not in the line of duty and while in the line of duty, respectively. See City of N. Miami Beach, Fla., Ordinance 2005-6 (Apr. 5, 2005). Officer Lorenzo’s wife was being paid pursuant to section 6.04(c), which provides as follows: § 6.04 BENEFITS OTHER THAN ON RETIREMENT [[Image here]] (c) Benefit Payable in Event of Death On-Duty or In Line of Duty, On or Prior to Normal Retirement Date....

...(1) Effective July 1, 2004, the monthly retirement income payable upon the death of a participant who is survived by a spouse and/or dependent child(ren), and whose death occurs while the participant is on duty or in the line of duty shall be the greater of (i) the monthly retirement income determined in accordance with Subsection 6.04(b) above, [entitled “Benefit Payable in Event of Non-Service Related Death on or Prior to Normal Retirement Date while in Service”] and (ii) 60% of the participant’s final monthly compensation at the date of the death of the participant....

...*1169 Unlike life insurance, which is procured by the payment of a premium, the benefit created by the City’s retirement plan is paid in consideration of the decedent’s service to the City and participation in the retirement plan — much like a pension. Section 6.04(c), the subsection pursuant to which the benefit was being paid the wife, speaks in terms of the “monthly retirement income” payable to the beneficiary and provides a methodology for calculating the amount to be paid. And, the provisions of section 6 as a whole make it clear that, in the event of an officer’s death prior to his normal retirement date, the sole “monthly retirement” benefit to be paid by the City is that set forth in sections 6.04(b)[death prior to retirement and not in line of duty] and (c)[death prior to retirement and in line of duty]. The benefits provided by sections 6.04(b) and (c) are not in addition to some other pension or retirement income payable to the beneficiary under the plan. Consequently, the wife could not have been entitled to receive the benefit paid pursuant to section 6.04(c) and the full value of the pension her husband would have received had he lived and retired at normal retirement age. We recognize that the preamble to the Ordinance enacting the section 6.04(c) amendment stated that “the City Council has determined that it would be in the best interest of the participants of the Retirement Plan to provide a minimum death benefit for the beneficiaries of participants who die while on duty or in the line of duty....” Id....

bargaining agent is granted the appellant under Section 6.4 On the basis of the latter two points, the petition

yet been terminated. Preliminarily, section 6.4 of the CBA reads, in pertinent part, “[s]election

continuing legal education credit in accordance with section 6.04(a) of the CLER policies as approved by BCDE