Florida Statutes

Fla. Stat. § 16.52 (2025)

Participation in preserving constitutional integrity of state.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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16.52 Participation in preserving constitutional integrity of state.—

(1) In order to provide for independent action and cooperative participation by the state in a program of concerted action among the states, and independent procedure to oppose any existing or proposed federal legislative encroachments upon constitutional state powers, it is hereby made a duty of the Department of Legal Affairs to make a study of federal legislation—existing and proposed—to determine whether such legislation has resulted, or may result, in objectionable or harmful encroachments upon the constitutional integrity of state governments, and with due regard to this state’s full contribution to the national war effort, in cooperation with the attorneys general of other states, or alone, to pursue that course best calculated to preserve and safeguard the constitutional state powers of the government of this state. It shall furnish to each of the several representatives in the Congress from this state, a written statement giving the reasons for any action being considered, or about to be taken hereunder at the time; and if possible, shall procure the assistance of such representatives therein and therefor.

(2) It shall be the duty of the Department of Legal Affairs of this state to render opinions to the representatives in Congress from this state, on any question arising within the scope of the subject matter of this act.

(3) In performing the duties imposed upon it under the provisions of this section, the Department of Legal Affairs is hereby authorized to employ therefor the services of the Council of State Governments, a national conference organization, or its successors in name or organization, or any other similar organization, in such manner not inconsistent with its powers and duties, as it may deem desirable; provided, that the cost of such employment, if any, shall be paid from the necessary and regular appropriation of the Department of Legal Affairs.

History.—ss. 1, 2, 3, ch. 21679, 1943; ss. 11, 35, ch. 69-106.

Notes of Decisions

Cited in 8 cases (7 in the last 5 years), 1984–2024 · leading case: Gaines v. City of Orlando, 450 So. 2d 1174 (Fla. 5th DCA 1984).

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Gaines v. City of Orlando, 450 So. 2d 1174 (Fla. 5th DCA 1984). · cites it 2× “McQuillin, Municipal Corporations §§ 16.52, 16.68 (3d ed. 1981). [4] Dade County v.”

Halifax Hosp. Med. Ctr. v. Off. of the Attorney Gen. (Fla. 3d DCA 2024). · cites it 2× “§ 16.52(1), Fla. Stat. In addition, under section 922.”

South Broward Hosp. Dist., d/b/a Mem'l Healthcare Sys. v. Off. of the Attorney Gen., Dep't of Legal Affairs, State of Florida (Fla. 3d DCA 2024). · cites it 2× “§ 16.52(1), Fla. Stat. In addition, under section 922.”

Sch. Bd. of Miami-Dade Cnty. & Putnam Cnty. Sch. Bd. v. Off. of the Attorney Gen., Dep't of Legal Affairs, State of Florida (Fla. 3d DCA 2024). · cites it 2× “§ 16.52(1), Fla. Stat. In addition, under section 922.”

Sarasota Cnty. Pub. Hosp. Dist., d/b/a Sarasota Mem'l Healthcare Sys., Inc. v. Off. of the Attorney Gen., Dep't of Legal Affairs, State of Florida (Fla. 2d DCA 2024). · cites it 2× “§ 16.52(1), Fla. Stat. In addition, under section 922.”

Putnam Cnty. Sch. Bd. v. Off. of the Attorney Gen., Dep't of Legal Affairs, State of Florida (Fla. 1st DCA 2024). · cites it 2× “§ 16.52(1), Fla. Stat. In addition, under section 922.”

North Broward Hosp. Dist., d/b/a Broward Health v. Off. of the Attorney Gen., Dep't of Legal Affairs, State of Florida (Fla. 3d DCA 2024). · cites it 2× “§ 16.52(1), Fla. Stat. In addition, under section 922.”

Lee Mem'l Health Sys., d/b/a Lee Health v. Off. of the Attorney Gen., Dep't of Legal Affairs, State of Florida (Fla. 3d DCA 2024). · cites it 2× “§ 16.52(1), Fla. Stat. In addition, under section 922.”

— 16.52(1) — 7 cases

Halifax Hosp. Med. Ctr. v. Off. of the Attorney Gen. (Fla. 3d DCA 2024). “§ 16.52(1), Fla. Stat. In addition, under section 922.”

South Broward Hosp. Dist., d/b/a Mem'l Healthcare Sys. v. Off. of the Attorney Gen., Dep't of Legal Affairs, State of Florida (Fla. 3d DCA 2024). “§ 16.52(1), Fla. Stat. In addition, under section 922.”

Sch. Bd. of Miami-Dade Cnty. & Putnam Cnty. Sch. Bd. v. Off. of the Attorney Gen., Dep't of Legal Affairs, State of Florida (Fla. 3d DCA 2024). “§ 16.52(1), Fla. Stat. In addition, under section 922.”

Sarasota Cnty. Pub. Hosp. Dist., d/b/a Sarasota Mem'l Healthcare Sys., Inc. v. Off. of the Attorney Gen., Dep't of Legal Affairs, State of Florida (Fla. 2d DCA 2024). “§ 16.52(1), Fla. Stat. In addition, under section 922.”

Putnam Cnty. Sch. Bd. v. Off. of the Attorney Gen., Dep't of Legal Affairs, State of Florida (Fla. 1st DCA 2024). “§ 16.52(1), Fla. Stat. In addition, under section 922.”

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