Florida/Georgia Personal Injury & Workers Compensation

Amendment, 49 U.S.C. § 11707, formerly 49 U.S.C. § 20(11). Among other things, the Carmack Amendment (amending

Commerce Act, 49 U.S.C. § 11707 (formerly 49 U.S.C. § 20(11)). On appeal, Bowman does not dispute that the

Act, 49 U.S.C. § 11707, formerly 49 U.S.C. App. § 20(11). Defendant maintains that its tariff excludes

Amendment to the Interstate Commerce Act, 49 U.S.C. § 20(11) plaintiff Judith A. Miller seeks recovery from

goods in interstate commerce, Title 49 U.S.C.A. § 20(11), has pre-empted this field and supersedes all

28, 1920, 91 Stats. 491, 49 U.S. Code Ann. Section 20 [11] Interstate Commerce Act), and is valid and

...elated to exhaustion. Then conclusions are often stated in the form of an observation about exhaustion law. The result is a body of generalizations about exhaustion law that are largely or mostly contradictions. K. Davis, Administrative Law Treatise § 20.11 at 279-80 (1982 Supp.)....

Amendment, 49 U.S.C. § 11707(a)(1), formerly 49 U.S.C. § 20(11).[4] To establish a prima facie case under the

2011 of the Interstate Commerce Act, 49 U.S.C. § 20(11). Additionally, the court found that the clause

...Thus, circuit court discretion in assessing "the degree of apparent clarity or doubt" inevitably reigns supreme, and Professor Davis' grim assessment of federal law applies as well to Florida's heretofore honored and still unimpeached exhaustion principle. K. Davis, Administrative Law Treatise § 20.11 at 279-80 (1982 Supp.): Since 1975 the [federal] law of exhaustion has become even more disorderly than it previously was....

...The Department also might have instituted administrative proceedings to establish liability and damages for water pollution, subject to court enforcement, or to abate the violations. Section 403.121(2), Fla. Stat. (1979). [2] K. Davis, Administrative Law Treatise § 20.11 at 279, 283 (1982 Supp.)....

Amendment to the Interstate Commerce Act, 49 U.S.C. § 20 (11), was recodified without substantive change at

see also 9A Ariz. Prac., Business Law Deskbook § 20:11 (2006-2007). "It is not necessary to show a specific

case is controlled by federal law (49 U.S.C.A. § 20(11,12)). Thereunder, a carrier is not an insurer against

...uties. [Emphasis supplied.] Later, in AGO 075-39, I reiterated that public funds could be expended to defend a public official in a damage suit arising from his official actions if funds were available and appropriated. Within that opinion, I noted: Section 20.11 (3), F....

interstate carrier who becomes liable under Section 20(11) of the Interstate Commerce Act for damage to

action provision of this Section 20. 11 Thus, but for the bank’s

terms of the Interstate Commerce Act, 49 U.S.C. § 20(11) (1970). Thus, I could envision under normal circumstances

stems from the following theory: (a) 49 U.S.C.A. § 20(11) is the controlling section of the Interstate Commerce

...ns brought against such employees and/or former employees in their representative capacities and if so, does the state thereby obligate itself to satisfy any judgment which may be entered against the employees and/or former employees? 2. In light of s. 20.11 , F.S., may the general counsel, Department of Business Regulation, represent the Division of Beverage in civil judicial lawsuits and in administrative hearings? 3....

...ployee against suits when it is factually determined that the employee acted in discharge of his official duties, in good faith, in the discharge of a duty imposed or authorized by law, and in a matter in which the state has an interest. Pursuant to s. 20.11 , F.S., the general counsel for the Department of Business Regulation may not represent the state, the board, the department, or any division in litigation and administrative hearings unless authorized by the Department of Legal Affairs....

...only with full knowledge of the factual circumstances and application of the above principles. The State of Florida would not be liable for a judgment unless it is within the express waiver of sovereign immunity provided in ss. 768.28 -768.30, F.S. Section 20.11 (3), F.S., provides that the Department of Legal Affairs shall provide all legal services for any state department unless otherwise provided by law, or a professional conflict exists: The department of legal affairs shall be responsible...

...Beverage (August, 1974), the special counsel to the committee questioned the authority of the Department of Business Regulation's general counsel to represent the State of Florida in litigation without approval from the Department of Legal Affairs: Section 20.11 , Florida Statutes, creates a Department of Legal Affairs under the Attorney General and requires that he be responsible for all legal services required by any department....

...he Attorney General to that of representing the Board, we are of the opinion that it may employ other counsel to represent it. (Emphasis supplied.) [(See) 14 So.2d at 203.] This absent legislative intent and statutory direction have been provided in s. 20.11 , F.S., and past amendments to s. 550.011, F.S. Section 20.11 was enacted by Ch....

...al representative." Former s. 550.01 is the present s. 550.011, F.S., which was amended by Chs. 71-98 and 73-333, Laws of Florida. The designation of the Department of Legal Affairs in s. 550.011 was deleted since it was transferred and contained in s. 20.11 , F.S. The board was not granted statutory authority to retain other counsel. The suggestion that an appropriation for staff counsel permits the general counsel to appear in court on behalf of the agency and the state is incorrect and in conflict with s. 20.11 , F.S. Sections 216.011 (1)(j) and 217.321, F.S. An appropriation act cannot be a mechanism to provide legislation that should be enacted by general law as is contemplated by the "unless otherwise provided by law" proviso of s. 20.11 (3)....

...There is apparently no statute providing authority for the general counsel of the Department of Business Regulation to represent the state, that department, the board, or any division thereof in court or at administrative hearings without prior authorization or approval from the Department of Legal Affairs pursuant to s. 20.11 (3)....

persuasive. See also Robert Force, The Law of Seamen at § 20:11 (5th Ed.2007); Thomas J. Schoenbaum, Admiralty

...s? 3. Which governmental units in Florida may be represented by private counsel? 4. Which governmental units in Florida may not be represented by the Department of Legal Affairs? Before turning to your specific questions, please allow me to refer to s. 20.11 (3), F.S., which provides: The department of legal affairs shall be responsible for providing all legal services required by any department, unless otherwise provided by law....

...Unless specifically provided otherwise, therefore, the Department of Legal Affairs is responsible for providing all "legal services" required by any department. In my opinion, "representation" is an essential and primary aspect of "legal services." Thus, the "legal services" referred to in s. 20.11 (3), F.S., include the type of representation, both in administrative hearings and in court, to which your question refers....

...rcumstances exist, and shall authorize other counsel when professional conflict of interest is present. In addition, whenever the Attorney General sits as a member of a board, such as with all cabinet agencies, such board may retain private counsel. Section 20.11 (3), F.S. AS TO QUESTION 1: Research reveals that the following boards, departments and agencies must be represented by the Department of Legal Affairs because of specific statutory provisions in addition to s. 20.11 (3), F.S.: Section 163.540 — Division of Training and Professional Development, Department of Community Affairs....

...Section 601.29 (7) — Department of Agriculture and Consumer Services. Section 624.304 — Department of Insurance. Section 648.26 (1) — Department of Insurance. In addition, all departments of state government of which the cabinet sits as head may retain private counsel as authorized by s. 20.11 (3), F.S. AS TO QUESTION 4: I am unaware of any statutory provision which specifically prohibits the Department of Legal Affairs from representing any state board, department, or agency. The general authority of the Department of Legal Affairs found in s. 20.11 (3), F.S., and as supplemented by specific statutory provisions cited in questions 1 and 2, exists in every instance unless superseded by the provisions cited in question 3 whereby a particular board, department, or agency may retain staff attorneys or private counsel....

...which may result from the waiver of sovereign immunity provided by enactment of the Florida Tort Claims Act, Chs. 73-313 and 74-235, Laws of Florida. In the absence of said laws otherwise providing a source of legal representation, the provisions of s. 20.11 (3), F.S., apply, providing that the legal services which may be required by any agency or political subdivision of the state as a party to any such claim be provided by the Department of Legal Affairs....

arises under the Interstate Commerce Act, 49 U.S.C. § 20(11), commonly referred to as The Carmack Amendment