Florida/Georgia Personal Injury & Workers Compensation

See E. Allan Farnsworth, Contracts § 7.3, at 476 (2d ed. 1990). In this case, a merger clause

Wayne R. LaFave, Search and Seizure § 7.3(c), at 91 (2d ed. 1987). However, following the

assistance in funding the Put and Call. Citing § 7.3 of the Operating Agreement, which authorized the

Ga.Code Ann. § 7-3-1 et seq., by failing to be licensed under the statute, id. § 7-3-8,[4] and charging

Code § 7-3-202(2) allows an agent to indorse instruments for the principal, and Alabama Code § 7-3-401(2)

McCulloughs now complain. See 1975 Ala.Code § 7-3-304(4)(d). More significantly, the McCulloughs’

...it not imposed on similarly situated businesses. 2 4 Both district courts permanently enjoined the County from enforcing Ordinance 99-51 and granted summary judgment to the plaintiffs. Each district court declared Sections 7.00.01, 3 7.00.08, 4 and 7.03.01 5 of Ordinance 99-51 unconstitutional, and determined that these sections could not be severed from the rest of Article VII of the LDC....

...(quoting Naturist Soc'y, Inc. v. Fillyaw, 958 F.2d 1515, 1520 (11th Cir.1992)). Thus, we consider only the constitutionality of Ordinance 99-51 in this appeal. Specifically, we consider appellees' facial challenges to sections 7.00.01, 7.00.08, and 7.03.01 of Ordinance 99-51, taking into account other provisions that may affect the constitutionality of those provisions....

...Off-premise signs, by contrast, contain similar advertisements for a product or business that is not located or furnished on the property where the sign is erected. See LDC § 12.01.00. 3. POLITICAL MESSAGE SIGNS 18 "Political message signs" are regulated under a third category of signs called "special use signs." LDC § 7.03.00....

...ment message and not containing a commercial message." LDC § 12.01.00 (emphasis added). Under this definition, the separate requirements for "political message signs" appear to govern all non-commercial signs. Political message signs are limited by § 7.03.01(L) to between six and thirty-two square feet....

...775 (upholding an ordinance listing thirteen specific grounds under which a permit application may be denied, none of which "has anything to do with what a speaker might say"). 13 36 VI. APPLICABLE FIRST AMENDMENT FRAMEWORK FOR CONTENT BASED ANALYSIS 37 We now consider whether § 7.03.01, which limits "political message signs" to thirty-two square feet, impermissibly favors commercial messages over non-commercial ones....

...Louwsma, 970 F.2d 797, 799 (11th Cir.1992) ("a precisely drawn statute dealing with a specific subject controls over a statute covering a more generalized spectrum"). 45 Second, the County's interpretation, which would allow purely political messages to be displayed on billboards, is inconsistent with LDC § 7.03.01(L). Section 7.03.01(L) states in its entirety, "political message signs [are] limited to thirty-two (32) square feet, except those in residential districts which shall not exceed six (6) square feet....

...Johns County sign Ordinance, codified as Article VII of the St. Johns County LDC. X. CONCLUSION 61 We reverse the district courts' ruling that § 7.00.01 27 and § 7.00.08 28 are facially unconstitutional. We affirm the district courts' ruling that § 7.03.01 29 of Ordinance 99-51 is facially unconstitutional and cannot be severed from the rest of Article VII of the LDC....

...The County issued a notice of violation on January 30, 2001. The sign has since been removed 3 Section 7.00.01 sets forth the time limits in which St. Johns County must approve or deny a sign permit 4 Section 7.00.08 describes the appeals process and sets time limits for challenging a permit denial 5 Section 7.03.01 sets forth the requirements for "special use signs," and specifically limits "political message signs" to thirty-two square feet, or six square feet if located in a residential district 6 The district court in We Dare to Bare granted...

...manner regulation. Rock Against Racism, 491 U.S. at 790 , 109 S.Ct. 2746 . 19 But note that under Ordinance 99-51, "political message signs" can be no larger than thirty-two square feet, while billboards can be as large as 560 square feet See LDC §§ 7.03.01(L), 7.01.03(A)....

...71 On the first point, the plain text of the St. John's ordinance permits both commercial and political messages on billboards, which can be as large as 560 square feet. Section 7.01.03 regulates the size of billboards and contains no reference to the content. Section 7.03.01, by contrast, regulates special use signs....

...The most natural reading of the ordinance, however, leads to a different interpretation. Billboards, as large as 560 square feet, may contain political or commercial messages under § 7.01.03. Other signs bearing political messages are allowed in addition to billboards, but are limited to 32 square feet under § 7.03.01. In short, the political message signs provision in § 7.03.01 does not limit the size of political messages on billboards, but simply permits signs other than billboards....

Thomas Lee Hazen, The Law of Securities Regulation § 7.3[4], at 587 (4th ed.2002); accord Barnes, SIS

"designated health services," defined by the Act in section 7(3)(d) to mean "clinical laboratory services, physical

accordance with the aforesaid requirements: "Section 7.3. No part of the assets of the Trust shall be

in Alabama, Georgia, and Mississippi. Ala.Code § 7-3-305; Ga.Code Ann. § 109A-9-305; N.Y.U. C.C. § 3-305

so acting.” Guardianship of Infants Act of 1964, § 7(3). If the surviving parent objects, “the testamentary

involved.” Restatement (Second) of Conflict of Laws § 7(3) (1971). We agree with Judge De Ment’s holding

Id. The lease agreement provides in section 7.3 that the letter of credit secured the rent and

See also II Farnsworth on Contracts § 7.3, at 204-07 (1990). Stated differently, the absence

(citing Gilmore & Black, The Law of Admiralty, section 7-3 at 488 (2d ed. 1975)). From these guidelines

estates of decedents, as in the instant case. Section 7(3), Article V, Constitution of Florida, F.S.A.

jurisdiction under the provisions of Article V, § 7(3), Constitution of Florida, F.S.A., to appoint the

through July 26, it contends that under O.C.G.A. § 7-3-17 it properly calculated the amount of the interest

City, was convicted in county court of violating § 7-3 of the City's Code of Ordinances by operating his

money judgment against appellees. Article V, Section 7(3), Constitution of Florida, F.S.A., vests the

court entered a summary judgment finding that section 7.3(9)(c)(1) of the City of Apopka Zoning Code is

plaintiff's attorney." (Laws of 1971, Ch. 71-252, § 7(3)(b). Emphasis added.) The equivalent language found

(citing E. Allen Farnsworth, Farnsworth on Contracts, § 7.3, at 228 (2d ed.1998)). Accordingly, the Court may

assistance in funding the Put and Call. Citing § 7.3 of the Operating Agreement, which authorized the

McCarthy on Trademarks and Unfair Competition § 7.3 (4th ed.2009) (“[T]he prominence of a word or symbol

order or to bearer or in blank. Alabama Code § 7-3-202: (1) Negotiation is the transfer of an

the creator." N.Y. Est. Powers & Trusts ("EPTL") § 7-3.1(a) (McKinney 1997) (formerly Personal Property

14 Am.Jur.2d 779, Certiorari, § 2. [4] Art. V, § 7(3), Constitution of Florida. [5] Rule 1.230(e), Fla

155 Fla. 45, 19 So.2d 563. Pursuant to Article V, § 7(3), Fla. Const., 26 F.S.A., the County Judge's Court

employees in the exercise of rights guaranteed in [Section 7]." [3] Although originally not a party this action

“designated health services,” defined by the Act in section 7(3)(d) to mean “clinical laboratory services, physical

plaintiff's attorney" (Laws of 1971, Ch. 71-252, § 7(3)(b). Emphasis added.) We read these two paragraphs

(AR 1031), Group Disability Income Policy, Section 7. [3] Under Liberty's policy, Plaintiff is eligible

court concluded that UCON was an HDC under Ala.Code § 7-3-302 with respect to the checks sent to UCON from

authority to maintain condominium exteriors. Section 7.3 authorizes the association to maintain and replace

amount and 4% on any excess. Off. Code Ga.Ann. § 7-3-14(2). Presumably Termplan’s disclosure was an attempt

property involved exceeds one hundred dollars. Section 7(3) of Article V of the Constitution. It has no

thereby excepted as well from the requirements of Section 7.3 [the arbitration clause], are disputes regarding:

pertinent to the problem before us, Article V, section 7(3), Constitution of Florida, F.S.A., specifies:

required by Alabama law, which provides in Ala.Code § 7-3-410(1) (1975): Acceptance is the drawee’s signed

crossing into the United States, we turn to 18 U.S.C. § 7(3) which defines "territorial jurisdiction" (as used

violations of the Georgia Industrial Loan Act, O.C.G.A. § 7-3-1,et seq.; the Georgia Usury Statute, O.C.G.A. §

Eagle against the Debtor and Jasper pursuant to section 7.3(a) of the Asset Agreement. Moreover, the Lease

Stat. 1000 (1922)(codified as amended at 7 U.S.C. § 7(3)(4))). Congress amended the Grain Futures Act in

the Restatement (Third) of Property: Mortgages section 7.3 recognizes, a mortgage refinanced with a new

...preserve a copyright against the effects of publication without notice or publication with inadequate notice.” Fantastic Fakes, Inc. v. Pickwick International, Inc., 661 F.2d 479 , 484 n. 3 (5th Cir. Unit B 1981); 19 see also 2 Nimmer on Copyright § 7.03, at 7-11 — 7-12....

see also 3 Wayne R. LaFave, Search and Seizure § 7.3(b), at 83 (2d ed.1987). For all these reasons, we

pertaining to courts of probate.” Article 5, section 7(3), Constitution of the State of Florida, F.S.A

Whitebread, Constitutional Criminal Procedure, § 7.3 at 110-114. The converse of this proposition, however

probate court has exclusive jurisdiction (Art. V, § 7(3), Fla. Const.) to award attorneys' fees in the settling

Drummond and Rouse did not consider orders under § 7.3 Instead, Drummond states the general rule that

participation in the plan were as follows: "Section 7.3 — Partially Vested Accounts In the event that

pertaining to courts of probate.” Fla.Const, art. 5, § 7(3), F.S.A. Under this broad grant, these courts have

violations of the Georgia Industrial Loan Act, O.C.G.A. § 7-3-1, et seq.; the Georgia Usury Statute, O.C.G.A.

assistance in funding the Put and Call. Citing § 7.3 of the Operating Agreement, which authorized the

prove apparent authority. See Ala. Code § 7-3-307(l)(a) (1993). 1 AmSouth failed

16-17-1 et seq., Industrial Loan Act, O.C.G.A. § 7-3-1 et seq., and usury laws, O.C.G.A. § 7-4-18. The

Home Depot points to one provision of the Lease-section 7.3-that explicitly absolves Home Depot of the obligation

with the grandparents as is his right under section 7(3). 1. Guardianship vs. Custody In Ireland, there

...The ordinance set forth regulations governing four categories of signs: (1) signs exempt from the permit requirement; (2) signs expressly prohibited; (3) permitted temporary signs; and (4) permitted permanent signs. See, e.g., §§ 7.01.00, 7.02.00, 7.03.00, 7.04.00....

...These included, among others, building and road construction signs; subdivision signs; signs announcing public or semi-public events and functions; signs announcing temporary, seasonal and new businesses; and certain on-site flags and balloons. See § 7.03.02....

...ng the right of free speech and expression in the display of signs. (Doc. 18, Ex. 1 at § 7.00.02). [12] The new regulations address nonconforming signs and still contain categories of permitted, exempt, and prohibited signs, see id. at §§ 7.01.00-7.03.00, but there are notable changes and omissions in each....

...Off-premises signs still are prohibited, see id. at § 7.02.02(J), but billboards are not listed as such. [13] On-premises signs are permitted, but there are maximum sign areas for building signs and maximum height requirements for ground signs. See id. at § 7.03.00(A), (B)....

...e decoration); 7.01.00(R) (which fails to contain objective standards as to what groups fall within public, charitable, educational or religious institutions); 7.02.02(R)(1) (which allows officials discretion to determine whether a sign is obscene); 7.03.02(D) (which fails to *1144 reference what types of signs qualify as "public" or "semi-public" signs); and 7.03.02(F) (which gives officials discretion to determine whether flags and balloon signs "may" be temporarily permitted)....

...ctions of the old regulations are unconstitutional content-based provisions. See (Docs. 93 at 3-5, 97 at 17-20) (citing to, among other sections, §§ 7.01.00(C), 7.01.00(D), 7.01.00(K), 7.01.00(L), 7.01.00(R), 7.02.02(B), 7.02.02(D), 7.02.02(R)(1), 7.03.02(D), 7.05.02(B)(3), 7.05.02(B)(6))....

...The Plan in effect in 1997 did allow a participant in retiree status (as was John Bird) to change his contingent annuitant under certain circumstances, or to add a new contingent annuitant if his prior designated contingent annuitant predeceased him. The requirements for such changes as of 1997 are provided in Plan § 7.03(g)(3): Participant's Right to Revoke the Form of Payment After the Annuity/Benefit Starting Date....

...tive date of the election, which is the first day of the second month following the month in which KRIPCO receives satisfactory evidence of the good health of the Participant and/or the Contingent Annuitant, whichever is appropriate. (1997 Plan Doc. § 7.03(g)(3) [EK00230].) The Summary Plan Description ("SPD") similarly states: Changes in forms of payment: You may change your form of payment before you begin receiving benefit payments by contacting Benefits information....

...After consideration of these documents, Ms. Metras determined that Plaintiff could not be considered a "contingent annuitant" under the Plan's terms and thus was not eligible to receive a benefit as John Bird's surviving spouse. Ms. Metras reviewed and interpreted § 7.03(g)(3) of the Plan document in effect in July 1997, as well as the SPD in effect at that time, as clearly stating the requirement that proof of good health must be submitted by either the participant or the survivor, "whichever is appropriate." [5] ( See 1997 Plan Doc. § 7.03(g)(3) [EK00115]; 1995 SPD at 122 [EK00488] (change of contingent annuitant "will depend upon" providing satisfactory proof of good health).) Ms....

...Metras reviewed, interpreted, and applied the Plan's language governing changes to a participant's contingent annuitant. Because John Bird began receiving benefits in 1979, Ms. Metras found that any change to his contingent annuitant in 1997 would be governed by § 7.03(g)(3) of the Plan, then in effect, which provided the requirements for changes to a participant's contingent annuitant made after his Annuity Starting Date....

...tive date of the election, which is the first day of the second month following the month in which KRIPCO receives satisfactory evidence of the good health of the participant and/or the contingent annuitant, whichever is appropriate. (1997 Plan Doc. § 7.03(g)(3) [EK00230].) Based on these terms, Ms....

...by him) in 1998 are interpretations of an ambiguous Plan provision. The Plan document and SPD contain a clear and unambiguous requirement that a proof of good health be completed before a participant may designate a new "contingent annuitant." (Plan § 7.03(g)(3)) (Committee must "receive[] satisfactory evidence of the good health of the Participant and/or the Contingent Annuitant, whichever is appropriate"); SPD at 122 ("Any changes you wish to make ......

...not imposed on similarly situated businesses.2 Both district courts permanently enjoined the County from enforcing Ordinance 99-51 and granted summary judgment to the plaintiffs. Each district court declared Sections 7.00.01,3 7.00.08,4 and 7.03.015 of Ordinance 99-51 unconstitutional, and determined that these sections could not be severed from the rest of Article VII of the LDC.6 The district courts confined their analyses to Ordinance 99-51....

...The sign has since been removed. 3 Section 7.00.01 sets forth the time limits in which St. Johns County must approve or deny a sign permit. 4 Section 7.00.08 describes the appeals process and sets time limits for challenging a permit denial. 5 Section 7.03.01 sets forth the requirements for “special use signs,” and specifically limits “political message signs” to thirty-two square feet, or six square feet if located in a residential district. 6 The district court in...

...moot.’”) (quoting Naturist Soc’y, Inc. v. Fillyaw, 958 F.2d 1515, 1520 (11th Cir. 1992)). Thus, we consider only the constitutionality of Ordinance 99-51 in this appeal. Specifically, we consider appellees’ facial challenges to sections 7.00.01, 7.00.08, and 7.03.01 of Ordinance 99-51, taking into account other provisions that may affect the constitutionality of those provisions. Appellees assert two facial challenges....

...r furnished on the property where the sign is erected. See LDC § 12.01.00. 3. POLITICAL MESSAGE SIGNS “Political message signs” are regulated under a third category of signs called “special use signs.” LDC § 7.03.00....

...DC § 12.01.00 (emphasis added). Under this definition, the separate requirements for “political message signs” appear to govern all non-commercial signs. Political message signs are limited by § 10 7.03.01(L) to between six and thirty-two square feet....

...on-premise signs. LDC §§ 7.00.01, 7.02.01. 19 do with what a speaker might say”).13 VI. APPLICABLE FIRST AMENDMENT FRAMEWORK FOR CONTENT BASED ANALYSIS We now consider whether § 7.03.01, which limits “political message signs” to thirty-two square feet, impermissibly favors commercial messages over non- commercial ones....

...opinion or endorsement message and not containing a commercial message,” 19 But note that under Ordinance 99-51, “political message signs” can be no larger than thirty-two square feet, while billboards can be as large as 560 square feet. See LDC §§ 7.03.01(L), 7.01.03(A). 24 which by its terms encapsulates all signs carrying a non-commercial message, and then restricts such signs to sizes far below that allowed for billboards....

...Dec. 4, 2002) (order granting summary judgment). 25  Second, the County’s interpretation, which would allow purely political messages to be displayed on billboards, is inconsistent with LDC § 7.03.01(L). Section 7.03.01(L) states in its entirety, “political message signs [are] limited to thirty-two (32) square feet, except those in residential districts which shall not exceed six (6) square feet.” (emphasis added)....

...Johns County sign Ordinance, codified as Article VII of the St. Johns County LDC. X. CONCLUSION We reverse the district courts’ ruling that § 7.00.0127 and § 7.00.0828 are facially unconstitutional. We affirm the district courts’ ruling that § 7.03.0129 of Ordinance 99-51 is facially unconstitutional and cannot be severed from the rest of Article VII of the LDC....

...On the first point, the plain text of the St. John’s ordinance permits both commercial and political messages on billboards, which can be as large as 560 square feet. Section 7.01.03 regulates the size of billboards and contains no reference to the content. Section 7.03.01, by contrast, regulates special use signs. That section does not apply to billboards and expands the areas where political signs may be placed....

...The most natural reading of the ordinance, however, leads to a different interpretation. Billboards, as large as 560 square feet, may contain political or commercial messages under § 7.01.03. Other signs bearing political messages are allowed in addition to billboards, but are limited to 32 square feet under § 7.03.01. In short, the political message signs provision in § 7.03.01 does not limit the size of political messages on billboards, but simply permits signs other than billboards....

arise....” Highland Beach, Fla., Ordinance No. 338, § 7.3 (emphasis added). Because the Commission’s interpretation'of

assistance in funding the Put and Call. Citing Section 7.3 of the Operating Agreement, which authorized

...nter into a stipulation and surrender its licenses and certifications, its most valuable assets, and then merge with another company. In the Purchase Agreement, which was attached to the complaint, Section VII is entitled “Purchase and Sale.” In section 7.03, it defines the purchase price which included the Closing Payment plus or minus (A) the Adjusted Closing Payment, plus (B) the Additional Payment, if any....

statutes applicable here. Id. at 686 (citing Art. V, § 7(3), Fla. Const. (1868)). The currently applicable

assistance in funding the Put and Call. Citing Section 7.3 of the Operating Agreement, which authorized

pertaining to courts of probate within the meaning of section 7(3), article V, Florida Constitution (1885). Regarding

boundaries of real estate * * * ”. Article V, Section 7(3) of the Constitution provides that “[t]he county

Const. art. V, § 6(3), F.S.A.; Fla.Const. art. V, § 7(3); F.S. 1967, Section 36.01, F.S.A.; F.S.1967, Section

property involved exceeds one hundred dollars. Section 7 (3) of Article V of the Constitution. It has no

should it subsequently appear that one of the section 7^3.07(2) exceptions is applicable. Hunter, 626 So

property involved exceeds one hundred dollars. Section 7(3) of Article V of the Constitution. It has no

pertaining to courts of probate.” F.S.A.Const. art. 5, § 7(3). See sections 36.01(1), (3), and 732.01, F.S.A

96-519, Laws of Fla. 4 Section 7(3)(d), Ch. 96-519, Laws of Fla. 5 Section 7(3)(a), Ch. 96-519, Laws of

court concluded that UCON was an HDC under Ala.Code § 7-3-302 with respect to the checks sent to UCON from

pertinent to the problem before us, Article V, section 7(3), Constitution of Florida, F.S.A., specifies:

6.3 governs line-of-duty disability claims. Section 7.3 governs benefit payments upon death. After considering

circuit court litigation. See § 194.036(3), Fla. Stat. 7 (3) Circuit Court Jurisdiction Two important

Participant's Accounts in the manner provided by Section 7.3 commencing as of the first day of the month coinciding

hold that, pursuant to the provisions of Art. V, § 7(3), Constitution of the State of Florida, F.S.A.,

matter of the validity of the deed. Cf. Art. V § 7(3) with Art. V § 6(3), 1968 Constitution of the State

merger clause. See E. Allan Farnsworth, Contracts § 7.3, at 476 (2d ed. 1990). In this case, a merger clause

Ga. Code Ann. § 7-3-1 et seq., by failing to be licensed under the statute, id. § 7-3-8,4 and charging

Ownership, in Basic Estate Planning in Florida, § 7.3(A) (Fla. Bar. CLE 10th ed. 2020)). To satisfy those

Fonseca, The Law of Modern Commercial Practices § 7:3 (1981); White and Summers, Uniform Commercial Code

69A-60, Fla. Admin. C. 4 And see NFPA 25-19 section 7.3.2. ("Hydrants shall be tested annually to ensure

allegedly inherently construed Fla.Const., art. V, § 7(3), F.S.A. (repealed January 1, 1973), as to the jurisdiction

judge’s court is set forth under the Fla. Const. § 7(3), art. V, F.S.A., with F.S. § 732.01, F.S.A., utilizing

money judgment against appellees. Article V, Section 7(3), Constitution of Florida, F.S.A., vests the

price as listed in the inventory required under Section 7.3(e) hereof, or the value thereof, or the quality

contracted. The pertinent contracts provided in section 7.3 "Causes of Dissolution": In addition to the causes

Lesnick, [The Law of Life and Health Insurance], § 7.03[1], pp. 7-24 — 7-29; id., (1992 supp.) p. 5), whereas

Lesnick, [The Law of Life and Health Insurance], § 7.03[1], pp. 7-24–7-29; id., (1992 supp.) p. 5), whereas