The 2023 Florida Statutes (including Special Session C)

Title IV
EXECUTIVE BRANCH

Chapter 16
ATTORNEY GENERAL

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F.S. 16.53

¹16.53 Legal Affairs Revolving Trust Fund.—

¹(1) There is created in the State Treasury the Legal Affairs Revolving Trust Fund, from which the Legislature may appropriate funds for the purpose of funding investigation, prosecution, and enforcement by the Attorney General of the provisions of the Racketeer Influenced and Corrupt Organization Act, the Florida Deceptive and Unfair Trade Practices Act, the Florida False Claims Act, or state or federal antitrust laws.

(2) Thirty percent of all moneys recovered by the Attorney General on behalf of the state, its agencies, or units of state government, local governments, or persons resident in this state or, alternatively, attorneys’ fees and costs, whichever is greater, in any civil action for violation of state or federal antitrust laws shall be deposited in the fund.

(3) All moneys recovered by the Attorney General under s. 68.086(1) in any civil action for violation of the Florida False Claims Act shall be deposited in the fund.

(4) Subject to the provisions of s. 895.09, when the Attorney General files an action pursuant to s. 895.05, funds provided to the Department of Legal Affairs pursuant to s. 895.09(2)(a) or, alternatively, attorneys’ fees and costs, whichever is greater, shall be deposited in the fund.

(5)(a) In the case of a forfeiture action pursuant to s. 895.05, the remainder of the moneys recovered shall be distributed as set forth in s. 895.09.

(b) In other actions brought pursuant to the provisions of the Racketeer Influenced and Corrupt Organization Act or pursuant to the state or federal antitrust laws, the remainder of the moneys recovered on behalf of the state, its agencies, or units of state government shall be deposited in the General Revenue Fund; in the case of other governmental units, transferred to the appropriate fund of such government; or in the case of persons, distributed to such persons or for their benefit, as approved by a court of competent jurisdiction.

(6) “Moneys recovered” means damages or penalties or any other monetary payment, including monetary proceeds from property forfeited to the state pursuant to s. 895.05 remaining after satisfaction of any valid claims made pursuant to s. 895.09(1)(a)-(d), which damages, penalties, or other monetary payment is made by any defendant by reason of any decree or settlement in any Racketeer Influenced and Corrupt Organization Act or state or federal antitrust action prosecuted by the Attorney General, but excludes attorney fees and costs.

(7) Any moneys remaining in the fund at the end of any fiscal year in excess of 3 times the amount of the combined budgets for the antitrust, consumer protection, and racketeering sections of the Attorney General’s office for the forthcoming fiscal year shall be transferred to the General Revenue Fund unallocated.

History.—s. 1, ch. 79-301; s. 1, ch. 83-116; s. 2, ch. 84-249; s. 1, ch. 86-277; s. 2, ch. 89-102; ss. 12, 14, ch. 94-316; s. 1, ch. 2013-207; s. 7, ch. 2016-84; s. 26, ch. 2023-201.

¹Note.—Section 26, ch. 2023-201, amended subsection (1) and added subsection (8), effective July 1, 2024, to read:

(1) There is created in the State Treasury the Legal Affairs Revolving Trust Fund, from which the Legislature may appropriate funds for the purpose of funding investigation, prosecution, and enforcement by the Attorney General of the provisions of the Racketeer Influenced and Corrupt Organization Act, the Florida Deceptive and Unfair Trade Practices Act, the Florida False Claims Act, state or federal antitrust laws, s. 501.1735, or part V of chapter 501.

* * * * *

(8) All moneys recovered by the Attorney General for attorney fees, costs, and penalties in an action for a violation of s. 501.1735 or part V of chapter 501 must be deposited in the fund.

F.S. 16.53 on Google Scholar

F.S. 16.53 on Casetext

Amendments to 16.53

Arrestable Offenses / Crimes under Fla. Stat. 16.53

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 16.53.

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. ROGERS, v. UNITED STATES,, 107 Fed. Cl. 387 (Fed. Cl. 2012)

. . . Manual indicating that Seaboard operated a rail line over from Fruitvale to Venice, for a total of 16.53 . . .

SECURITIES EXCHANGE COMMISSION, v. COLONIAL INVESTMENT MANAGEMENT LLC, LLC, G., 659 F. Supp. 2d 467 (S.D.N.Y. 2009)

. . . before the pricing of this offering, Colonial sold short a net of 162,000 ENDP shares at prices of $16.53 . . .

GLOBE SAVINGS BANK, F. S. B. v. UNITED STATES,, 65 Fed. Cl. 330 (Fed. Cl. 2005)

. . . million generated by reverse repurchase agreements results in a weighted average cost of funds of roughly 16.53 . . .

KEACH v. U. S. TRUST COMPANY, N. A., 240 F. Supp. 2d 832 (C.D. Ill. 2002)

. . . Trust that the F & G shares would immediately decrease in value to $16.53 after the ESOP transaction . . .

E. COPELAND v. SEARS, ROEBUCK AND CO., 25 F. Supp. 2d 412 (S.D.N.Y. 1998)

. . . In July 1994, Copeland saw Karge’s pay slip and calculated that she was paid at an hourly rate of $16.53 . . .

JACKSON, E. v. NASSAU COUNTY BOARD OF SUPERVISORS, N. P. L. A. P., 818 F. Supp. 509 (E.D.N.Y. 1993)

. . . Hempstead 218,624 16.53 15 17.31 Long Beach 34,073 2.58 7 5.77 Glen Cove 24,618 1.86 6 1.92 The presiding . . . Supervisor Hemp. 27.96 25.00 -2.96 Total: 55.92 53.85 -2.07* Oyster Bay 23.12 21.15 -1.97 North Hempstead 16.53 . . . Hempstead 218,624 16.53% 17.31% + .78% Long Beach 34,073 2.58% 5.77% + 3.19% Glen Cove 24,618 1.86% 1.92% . . .

LAXALT v. C. K. McCLATCHY,, 809 F.2d 885 (D.C. Cir. 1987)

. . . . § 16.53(a) (1986). . Laxalt v. McClatchy, Misc. No. 86-0140, slip op. at 4 (D.D.C. . . .

LAXALT v. C. K. McCLATCHY,, 258 U.S. App. D.C. 44 (D.C. Cir. 1987)

. . . . § 16.53(a) (1986). . Laxalt v. McClatchy, Misc. No. 86-0140, slip op. at 4 (D.D.C. . . .

B. v., 87 T.C. 926 (T.C. 1986)

. . . Mukerji’s initial equity was 16.53 percent of the purchase price of the equipment; Hurchalla’s initial . . .

J. DONOVAN, v. WALTON,, 609 F. Supp. 1221 (S.D. Fla. 1985)

. . . The five-year average rental was $16.53 per square foot, and was at the upper end of prevailing rates . . . Lauderdale area in 1980-1981 were in the $8-$12/ft. range, indicating that the Union’s average rental of $16.53 . . . Hall refused to charge the Union an average rental of less than $16.53/ft. over a period of five years . . . was economically feasible to construct the Administration Building and charge an annual rental of $16.53 . . . could not realize a 10% cash-on-cash return averaged over five years by charging the Union a rental of $16.53 . . .

LEAGUE OF WOMEN VOTERS OF NASSAU COUNTY, v. NASSAU COUNTY BOARD OF SUPERVISORS,, 737 F.2d 155 (2d Cir. 1984)

. . . Hempstead 218,624 16.53 17.31 + .78 Long Beach 34,073 2.58 5.77 +3.19 Glen Cove 24,618 1.86 1.92 + .06 . . .

CANTON BRANCH, NATIONAL ASSOCIATION FOR ADVANCEMENT OF COLORED PEOPLE, v. CITY OF CANTON, MISSISSIPPI, S. A. J. D. L. B. Sr. H. B. R. H. Jr. Dr. B. HINTON, G. S. N. v. BALDWIN, J. D. B. H. B. A. Jr., 472 F. Supp. 859 (S.D. Miss. 1978)

. . . and is summarized by population level below: Ward Population > of Total % Variance from Ideal 1 2,106 16.53 . . .

BERRY v. SCHOOL DISTRICT OF CITY OF BENTON HARBOR, 442 F. Supp. 1280 (W.D. Mich. 1977)

. . . For the 1969-70 school year, the percentage rose to 84.62%, an increase of 16.53%. . . .

UNITED STATES v. ARTICLES PROVIMI,, 425 F. Supp. 228 (D.N.J. 1977)

. . . Provikalf Starter Premix, containing zinc baci-tracin (ZB) 33,055 lbs, or 16.53 tons, at 2,000 gms. per . . .

J. C. v., 77 Cust. Ct. 48 (Cust. Ct. 1976)

. . . individual jacket depended on the size of the garment, an average of 29 square feet was used at a cost of $16.53 . . .

CITY OF CORAL GABLES, a v. G. CARMICHAEL, Jr., 256 So. 2d 404 (Fla. Dist. Ct. App. 1972)

. . . McQuillin, Municipal Corporations, Vol. 5, § 16.53. In Barnes v. . . .

OZARK AIR LINES, INC. a v. L. COX, 326 F. Supp. 1113 (E.D. Mo. 1971)

. . . Cox Medical Center received the initial approval of the Civil Aeronautics Board to acquire the 16.53% . . .

HOLMES v. LEADBETTER, a, 294 F. Supp. 991 (E.D. Mich. 1968)

. . . . § 16.53 et seq. In fact, in the Michigan case of Burns v. . . .

SHEDD- BARTUSH FOODS OF ILLINOIS, v. COMMODITY CREDIT CORPORATION,, 231 F.2d 555 (7th Cir. 1956)

. . . In a letter accompanying the bid, plaintiff stated: “Summing this up, we are bidding $16.53 per cwt. . . . telegram to the Department of Agriculture: “Reference our recent bid Announcement FO-22 this should read $16.53 . . . million pounds coconut oil margarine late November delivery at same price as per contract, namely $16.53 . . . bid price of $.1653 per pound, and that the words in plaintiff’s telegram of September 10: “ * * * $16.53 . . . is no indication defendant understood or agreed by that telegram that the definite fixed price of $16.53 . . .

SHEDD- BARTUSH FOODS OF ILLINOIS, v. COMMODITY CREDIT CORPORATION, a, 135 F. Supp. 78 (N.D. Ill. 1955)

. . . Half Million Pound Coconut Oil Margarine Late November Delivery At Same Price As Per Contract, Namely $16.53 . . . The plaintiff did deliver by that date and collected the agreed upon price of 16.53 cents per pound. . . . The exchange of telegrams of that date specified a definite price of $16.53 per cwt. . . . The contract for the 1,000,000 pounds was also at a definite price of 16.53 cents per pound. . . . Rather the contract was for a fixed price of 16.53 cents per pound of oleomargarine. . . .

FELCH v. TRAVIS, 92 F. 210 (C.C.E.D.N.C. 1899)

. . . township, and was purchased by the county commissioners, for the use of said county, at 1he price of $16.53 . . .