Florida/Georgia Personal Injury & Workers Compensation

...As we have written above, the scope of the DPA is far more limited. There is no direct conflict between the statute and the Act, nor does the statute expressly preempt it. Lowe next argues that insofar as the DPA extends health insurance benefits to domestic partners, it is "expressly preempted" by section 112.08(2)(a), Florida Statutes (1999), which provides, in pertinent part: Every local governmental unit is authorized to provide and pay out of its available funds for all or part of the premium for life, health, accident, hospitalization, le...

...The failure to include the "not guilty" class of defendants in section 27.56(1) required that the statute be read to exclude them, because a court may not expand such a sharply defined statutory classification by implication. The use of the term "dependents" in section 112.08(2)(a) is far more vague than the language at issue in Farmer. Lowe next argues that domestic partners under the DPA are not "dependents" within the meaning of section 112.08(2)(a)....

...on whether such person is supported, in whole or in part, by the County employee's earnings and relies on such support." BROWARD CO., FLA.CODE § 16½-152(f) (1999). The DPA's definition of "dependent" is consistent with the term's plain meaning in section 112.08, not expressly preempted by it....

...ndents" could not come from the court: "[a]djustments in the legislation to reflect these new social and economic realities must come from the Legislature." Id. at 341-42. Connors is distinguishable from this case because, as we have observed above, section 112.08 does not define "dependent" in a way that limits the County's legislative prerogative and precludes it from extending benefits to domestic partners....

...) OF THE FLORIDA CONSTITUTION BECAUSE: (1) THE ACT IMPROPERLY INTRUDES INTO A MATTER PURELY OF STATEWIDE CONCERN UNDER CITY OF MIAMI BEACH V. FLEETWOOD HOTEL, INC., 261 So.2d 801, 804 (Fla.1972); or (2) THE ACT IS INCONSISTENT WITH SECTIONS 741.212, 112.08(2)(a), 741.211, OR 798.02, FLORIDA STATUTES (1999)? AFFIRMED IN PART; REVERSED IN PART....

...The subject examinations were a specific part of the collective bargaining agreement between the City and the International Association of Firefighters on behalf of the City's firefighters. The firefighters are also enrolled in a municipal group health insurance plan that is subject to section 112.08, Florida Statutes (1985)....

...Appellant raises two other issues on this appeal. Because we have reached the conclusions stated above, we are not required to address those issues. We do so nevertheless because of their potential importance. Both issues relate to the addition of subsection (7) to section 112.08, Florida Statutes (1985), by the enactment of Chapter 86-180, Laws of Florida (1986)....

...r municipal group or self-insured plan that are in the custody of a governmental unit shall be confidential and are exempt from section 119.07(1), Florida Statutes (1985). We will first address the issue raised by appellant of whether application of section 112.08(7) to the facts here would be an unwarranted retroactive application of the newly enacted amendment. Section 4 of chapter 86-180 which added subsections (7) and (8) to section 112.08 became effective July 1, 1986. The documents in question came into existence in June, 1986. Appellant's request for examination was made on July 2, 1986. Our initial response to that issue is that section 112.08(7) does not have to be applied retroactively to apply to appellant's request for examination....

...s remedial in nature and, thereby, to be applied retroactively. City of Orlando v. Desjardins, 493 So.2d 1027 (Fla. 1986). Under the facts of this case, we conclude that the date of request is the critical date and, therefore, even though we believe section 112.08(7) is remedial and thereby retroactive, we do not have to so determine....

...eating the exemption all such documents are exempt from any request for disclosure made thereafter regardless of when they came into existence or first found their way into the public records. Appellant's other issue relative to the applicability of section 112.08(7) to this case is more difficult. The trial judge found, in addition to his other reasons for denying appellant's petition, that section 112.08(7) barred appellant's demand. Section 112.08(7) provides, in pertinent part, that: All medical records and medical claims records in the custody of a unit of county or municipal government relating to county or municipal employees, former county or municipal employees or eligible...

...self-insurance plan shall be kept confidential and are exempt from the provisions of section 119.07(1). On first examination of that subsection, it would seem that we should accept appellant's argument that the legislature intended the exemptions of section 112.08(7) to apply solely to medical records filed in conjunction with an employee's participation in a group insurance plan. However, further examination of the differences in the wording used in sections 112.08(7) and 112.08(8) leads us to believe that the legislature intended the clear import of its words. The legislature could have used clear and explicit language in enacting section 112.08(7) that would have conveyed the intent for which appellant argues. It chose not to do so. *1027 It is significant to us that section 112.08(8), enacted at the same time and in the same legislative act as section 112.08(7), does have such clear and explicit language that differs greatly from that used in section 112.08(7). Section 112.08(8), in its pertinent parts, provides an exemption from section 119.07(1) for " Patient medical records and medical claims records of water management district employees ... in the custody or control of the ... district under its group insurance plan established pursuant to § 373.605... ." (Emphasis supplied.) The emphasized language clearly shows the contrast with the much broader language used in section 112.08(7), which exempts "all medical records ... relating to ... employees enrolled in a group insurance plan... ." We thus conclude that the trial judge was correct in holding section 112.08(7) to be a bar to appellant's demand....

1023, 1026 (Fla. 2d DCA 1987) (“[W]e believe section 112.08(7) [exempting certain medical records from

...Reeves: On behalf of the School Board of Madison County, you have asked for my opinion on substantially the following questions: 1. Is the School Board of Madison County authorized to provide insurance for its non-employee school board attorney and assistant school board attorneys pursuant to section 112.08 (2)(a), Florida Statutes? 2....

...the school board. Rather, these attorneys are members of a local law firm who provide legal services at an hourly rate to the school board on the basis of a retainer contract. You ask particularly whether they may qualify as officers for purposes of section 112.08 (2)(a), Florida Statutes. You additionally request that this office consider the authority of the school board to take these actions based on the home rule powers of the school board. Section 112.08 (2)(a), Florida Statutes, provides: "Every local governmental unit 1 is authorized to provide and pay out of its available funds for all or part of the premium for life, health, accident, hospitalization, legal expense, or annuity insu...

...talization, and legal expense insurance for the dependents of such officers and employees upon a group insurance plan and, to that end, to enter into contracts with insurance companies or professional administrators to provide such insurance. . . ." Section 112.08 , Florida Statutes, does not contain a definition of the term "officers" for purposes of construing that statute. The statute is broad and encompasses a variety of local governmental units and special districts. 2 However, while section 112.08 , Florida Statutes, does not specifically define the term "officer," the school code does contain a definition of who may be considered an officer for purposes of the public school system....

...defined the term for purposes of the school code. It is the rule, that where statutory language is plain and definite in meaning, there is no occasion to resort to rules of statutory interpretation and construction. 4 Thus, based on the language of section 112.08 (2)(a), Florida Statutes, when read together with section 1012.01 (1), Florida Statutes, it does not appear that a school board attorney is an officer within the scope of the statutes authorizing the school board to provide insurance for its officers and employees....

...ly the responsibility of the school board to determine whether a particular expenditure satisfies a school purpose, this office may not make such a determination. In sum, it does not appear that a school board attorney would come within the scope of section 112.08 (2), Florida Statutes, which authorizes the payment of premiums for insurance for a school officer....

...2 (2), Florida Statutes, the board itself is required to determine whether a school purpose is accomplished by providing insurance for its school board attorney and assistant school board attorneys. Sincerely, Charlie Crist Attorney General CC/tgh 1 Section 112.08 (1), Fla....

...Stat., defines the term "local governmental unit" to include school boards. 2 The statute covers counties, municipalities, community college districts, school boards, and special districts and any county officer listed in s. 1(d), Art. VIII of the State Constitution. See, s. 112.08 (1), Fla....

QUESTION: May a district school board self-insure its health insurance program for its employees and their dependents under Florida law? SUMMARY: Under present s. 112.08 , F.S., a district school board may not self-insure its health insurance program for its employees and their dependents. Section 112.08 , F.S., authorizes, empowers, and permits a school board, as well as other specified government units, "to provide for life, health, accident, hospitalization or annuity insurance, or all of any kinds of such insurance for the officers...

...pel a student for unexcused absences or truancy. The authority of public officers to proceed in a particular way implies a duty not to proceed in any manner other than that which is authorized by law. White v. Crandon, 156 So. 303 (Fla. 1934). Thus, s. 112.08 , supra, requires the specified governmental units to provide the designated types of group insurance by "agreement with insurance companies to provide such insurance" and impliedly prohibits self-insurance of such insurance plans. It might be noted parenthetically that HB 2339, introduced during the 1975 Legislative Session, would have amended s. 112.08 , F.S., to allow any county, school board, municipality, community college, or vocational-technical school to self-insure under certain circumstances. The bill was on the calendar when the House adjourned. Also, although ss. 112.08 - 112.14 , F.S., authorize a school board to provide for group insurance for its officers and employees, as noted in AGO 072-359, this does not authorize the school board to pay premiums for such insurance out of school district funds for the benefit of dependents of those covered....

...The statute, as amended by section 6, chapter 94-90, Laws of Florida, effective October 1, 1994, also provides that such information in the possession of a public employer is exempt from section 119.07 (1), Florida Statutes, and Article I , section 24 (a), Florida Constitution. With specific regard to the instant inquiry, section 112.08 (7), Florida Statutes, provides: All medical records and medical claims records in the custody of a unit of county or municipal government relating to county or municipal employees, former county or municipal employees, or eligible dep...

...es by name together with the amount of the claim and some account information. The printout, therefore, would appear to constitute a medical claim record and the release of such record would appear to be contrary to the legislative intent underlying section 112.08 (7), Florida Statutes, which seeks to protect an employee's privacy regarding medical records and claims....

...f this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency. 8 Compare, s. 112.08 (8), Fla....

...s of water management district employees, former employees, and eligible dependents under the district's group insurance plan. And see, News-Press Publishing Company v. Kaune, 511 So.2d 1023 (Fla. 2d DCA 1987), stating that the exemption provided in section 112.08 (7) is broader than that contained in section 112.08 (8), Florida Statutes.

opt-in/opt-out period each year. Question One Section 112.08(2)(a), Florida Statutes, authorizes every local

supported in whole or in part by public funds. 7 Section 112.08, F.S., was rewritten in 1976 by Ch. 76-208

for its officers and employees pursuant to section 112.08, Florida Statutes,7 nothing in the district's

funds for such purposes are hereby validated. Section 112.08, F.S. (1990 Supp.), authorizes counties to

...UNTY OR MUNICIPAL GOVERNMENT EMPLOYEES SUBJECT TO PUBLIC INSPECTION UNDER s. 119.07 , F.S., WITHOUT THE PRIOR WRITTEN AUTHORIZATION OF AFFECTED EMPLOYEES? You state in your inquiry that some questions have been raised regarding the interpretation of s. 112.08 (7), F.S., as created by s....

...ve without written authorization of the patient, did not apply to public records or operate to exempt medical information contained in public records from the provisions of ss. 119.01 and 119.07 (1)(a). As added by s. 4, Ch. 86-180, Laws of Florida, s. 112.08 (7), F.S., provides as follows: All medical records and medical claims records in the custody of a unit of county or municipal government relating to county or municipal employees, or eligible dependents of such employees enrolled in a coun...

...Lee County, August 7, 1986), appeal pending, Case No. 2186 (2 D.C.A. Fla., filed August 14, 1986), holding that, inter alia, records of drug tests administered to city firefighters were exempted from inspection and examination by petitioners pursuant to s. 112.08 (7). I am advised that one of the issues on appeal is whether such records of drug tests are included within the statutory language, "[a]ll medical records and medical claims records," for purposes of application of s. 112.08 (7) to the particular facts. Specifically, the appellant newspaper is arguing that the limited exemption provided by s. 112.08 (7) applies only to such medical records and medical claims records as relate to claims made in conjunction with the public employer's group insurance plan....

...inasmuch as your inquiry does not refer to or raise any question concerning any specific record or records containing "medical information" relating to county or municipal employees, no comment is expressed herein with respect to the application of s. 112.08 (7) to any particular record or type of record in the custody of a county or municipal governmental unit relating to county or municipal employees, former employees, or dependents, which record may contain such "medical information." Your i...

...and further providing that "[t]he custodian shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law or, if a fee is not prescribed by law, upon payment of the actual cost of duplication of the record." (e.s.) Section 112.08 (7), F.S., as added by s....

...86-180, Laws of Florida, does not expressly refer to copies of medical records and medical claims records. The statute does provide that "[s]uch records shall not be furnished" (e.s.) except to specified persons under certain circumstances. However, s. 112.08 (7) also clearly provides that the medical records and medical claims records described therein "shall be kept confidential and are exempt from the provisions of s....

...ent of s. 119.07 (1)(a) that the custodian permit records to be "inspected and examined by any person desiring to do so," but rather may be made available for inspection or examination or may be furnished only under the circumstances provided for in s. 112.08 (7)....

...ployees, former county or municipal employees, or eligible dependents of such employees enrolled in a county or municipal group insurance plan or self-insurance plan are confidential and exempt from the provisions of s. 119.07 (1), F.S., pursuant to s. 112.08 (7), F.S., as added by s....

...per notice unless otherwise provided by law. However, no comment is expressed herein as to whether any particular "medical information" concerning county or municipal employees constitutes "medical records and medical claims records" for purposes of s. 112.08 (7), pending judicial clarification of the application of the exemption provided for such records in that statute....

municipal board of the city. AS TO QUESTION 2: Section 112.08(7), F.S. (1990 Supp.), provides, in part, that:

programs supported in part by public funds. Section 112.08, F.S., as amended (originally adopted in Ch

...More recently, this office in Attorney General Opinion 04-08 concluded that a fire control and rescue district was authorized to provide insurance for its board members in addition to the salary or honorarium authorized by section 191.005 (4), Florida Statutes. The opinion relied in part on section 112.08 (2)(a), Florida Statutes, which authorizes every local governmental unit to pay out of its own funds for all or part of the premium for life, health, accident, hospitalization, legal expense, or annuity insurance for its officers and employees....

...VIII of the State Constitution." 2 Attorney General Opinion 04-08 discussed the earlier Attorney General Opinion, noting that while the mosquito control district's enabling legislation permitted additional compensation in the form of a special act or general act of local application, section 112.081 , Florida Statutes, is neither, and therefore could not be applied to mosquito control district officers. There was, however, no similar limitation in the enabling legislation for the fire control and rescue district and thus the provisions of section 112.08 , Florida Statutes, were applicable. In the instant inquiry, there does not appear to be a limitation on the city's ability to provide health insurance to its commissioners. Municipalities are included within the definition of "local governmental unit" for purposes of section 112.08 , Florida Statutes....

...Nor have you advised this office of any provision in the city charter that would prohibit such coverage. 5 This office has previously recognized the authority of a municipality to provide insurance for the members of its governing body. For example, in Attorney General Opinion 91-58 this office stated that section 112.08 , Florida Statutes, authorizes a municipality to provide and pay all or part of the premium for legal expense insurance coverage; however, the determination as to whether the city should provide such coverage to public officials as part of the officials' compensation is one the city's governing body must make. Accordingly, I am of the opinion that section 112.08 , Florida Statutes, authorizes a municipality to provide health insurance for the members of its governing body....

...ance, provided to an officer and employee. Sincerely, Charlie Crist Attorney General CC/tjw 1 See, e.g., Forbes Pioneer Boat Line v. Board of Commissioners of Everglades Drainage District , 82 So. 346 (Fla. 1919); Op. Att'y Gen. Fla. 89-34 (1989). 2 Section 112.08 (1), Fla....

...he self-funded health insurance plan provided to city employees. The premiums for such insurance would be paid by the Board. You question the ability of the city to include a retirement system employee in the city's plan, in light of the language in section 112.08 , Florida Statutes, authorizing local governmental units to provide insurance to their employees and officers. Section 112.08 (2)(a), Florida Statutes, provides: Every local governmental unit 1 is authorized to provide and pay out of its available funds for all or part of the premium for life, health, accident, hospitalization, legal expense, or annuity insur...

...(e.s.) Thus, the Legislature has determined that the expenditure of public funds by a local governmental unit on the insurance of its employees and officers serves a valid public purpose and, therefore, is authorized. 2 While such expenditures are authorized, there is nothing in section 112.08 , Florida Statutes, that precludes the use of public funds for expenditures that are determined by the governing body of the municipality to serve a public purpose....

...or a municipal purpose except when expressly prohibited by law, and a municipality may legislate on any subject matter on which the Legislature may act, except those preempted by the constitution or general law. 4 As noted above, there is nothing in section 112.08 , Florida Statutes, that prohibits a municipality from allowing an employee of the retirement system from participating in the city's self-insurance program, if the city commission determines that it is for a municipal purpose....

...ical, dental, vision and hearing expense benefit fund, if the city commission makes the legislative determination that the provision of such benefits accomplishes a valid municipal purpose. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 Section 112.08 (1), Florida Statutes, defines "local governmental unit" as "any county, municipality, community college district, school board, or special district or any county officer listed in s. 1(d) of Art. VIII of the State Constitution." 2 See, Op. Att'y. Gen. 76-8 (1976), in which the creation and evolution of section 112.08 , Florida Statutes, is discussed....

...elating to drug testing of a city's firefighters contained in city personnel records, as the personnel records are public records and the Public Records Law contains no express exemption for such information. However, the city should be sensitive to section 112.08 (7), Florida Statutes, which clearly provides that medical records of these employees are confidential and exempt from the provisions of section 119.07 (1), Florida Statutes....

...2 Further, material may not be removed or deleted from public records in the absence of express statutory authorization. 3 An example of records which the Legislature has determined should be confidential and which may be maintained in city personnel records is set forth in section 112.08 (7), Florida Statutes....

...90-104 (1990) (desire of data processing company to maintain "privacy" of certain materials filed with Department of State is of no consequence unless such materials fall within a legislatively created exemption to ch. 119 , Fla. Stat.); Ops. Att'y Gen. Fla. 80-31 (1980) and 71-394 (1971). 4 Section 112.08 (7), Florida Statutes, provides that: All medical records and medical claims records in the custody of a unit of county or municipal government relating to county or municipal employees, former county or municipal employees, or eligibl...

...the examining or treating physician, regardless of the fact that the treating physician also serves as the medical director for the city. A further concern regarding the release of drug test results by the medical director to HRS arises in light of section 112.08 (7), Florida Statutes, which, in part provides: All medical records and medical claims records in the custody of a unit of county or municipal government relating to county or municipal employees ....

...Since it appears that the city possesses the authority to provide such health and hospitalization insurance, it follows that it has the authority to collectively bargain for, and to agree to provide, such benefits for its employees under part II of Ch. 447, F. S. Section 112.08 , F....

...Therefore, it appears that the city has the authority to collectively bargain for and to agree to provide for such benefits for its employees under part II of Ch. 447, F. S., as part II of Ch. 447 does not expressly prohibit or preempt the above action taken by the city. Cf . AGO 076-212. Nor does it appear that s. 112.08 , F....

QUESTION: May a municipality under s. 112.08 , F....

...orized by the constitution, the Cervantes court, considering itself bound by the constitution, struck down that portion of the statute authorizing such payments.) Moreover, the authority to make such payments is not expressly preempted to the state. Section 112.08 , F....

....' The foregoing statutory provision merely authorizes local governments to provide group insurance. Under ss. 167.421 and 166.042 , F. S., and its home rule powers, a municipality already possesses the authority to provide such insurance coverage. Section 112.08 simply constitutes supplemental legislation; it neither expressly preempts nor prohibits anything with respect to the instant inquiry, nor does it add or detract from the municipality's home rule powers. It should be noted that, prior to 1977, municipalities were not among those governmental units enumerated in s. 112.08 , F....

...1975, which granted `each and every county, school board, governmental unit, department, board, or bureau of the state' the authority to establish a group insurance plan. Under s. 112.12, F. S. 1975, these governmental units were authorized to pay all or part of the insurance premium for coverage under s. 112.08 . In 1976, the Legislature substantially modified s. 112.08 to include municipalities by extending the section's application to `every local government unit,' effective January 1, 1977. See ss. 1 and 12, Ch. 76-208 , Laws of Florida. Section 112.12 was repealed by s. 4, Ch. 76-208 , Laws of Florida, effective January 1, 1977 ( see s. 12, Ch. 76-208 ); however, provisions substantially similar to s. 112.12 are now contained in s. 112.08 ....

conferred on them by general or special law. Section 112.08, F. S., in pertinent part empowers counties

...ay enter into contracts for such insurance or self-insure. The hospital district, however, does not constitute a state agency for the purpose of participating in the state health insurance program authorized under section 110.123 , Florida Statutes. Section 112.08 (2)(a), Florida Statutes, authorizes every local governmental unit to provide life, health accident, hospitalization, legal expense, or annuity insurance for its officers and employees....

...To that end, it may enter into contracts with insurance companies or professional administrators to provide such insurance. A governmental unit may also self-insure to provide any plan for health, accident, and hospitalization coverage or enter into a risk management consortium to provide such coverage. Section 112.08 (1), Florida Statutes, defines "local governmental unit" to mean "any county, municipality, community college district, school board, or special district or any county officer listed in s....

...01-285, Laws of Fla. Section 3 of Ch. 01-285 provides that "[t]his act shall take effect upon becoming law and shall apply to eligible local government plan participants effective with the January 1, 2003, plan year." 13 See, s. 110.1228 (1), Fla. Stat. 14 See , s. 112.08 , Fla....

professional administrators and competitive bidding. Section 112.08, F. S. (1976 Supp.), provides: Every local

in lieu of paying health insurance premiums. Section 112.08(2)(a), Florida Statutes, provides: "Notwithstanding

recognize the sensitivity of medical records is section 112.08(7), Florida Statutes, providing that employee

Fire Control and Rescue District authorized by section 112.08(2)(a), Florida Statutes, or by section191.006(17)

QUESTION: Are school board members `officers' within the context of s. 112.08 , F. S. (1976 Supp.)? SUMMARY: District school board members are `officers' within the context and purview of s. 112.08 , F. S. (1976 Supp.); therefore, district school boards are authorized to provide and pay out of available school district funds all or part of the premiums for the designated group insurance for school board members. Section 112.08 , F....

...Each shall contract with an insurance company or professional administrator qualified and approved by the Department of Insurance to administer such plan. The foregoing statutory provision was brought into the statutes by s. 1, Ch. 76-208 , Laws of Florida. Section 1 of Ch. 76-208 substantially reworded former s. 112.08 , F....

...the `officers and employees thereof.' Furthermore, former s. 112.12, F. S. 1975, repealed by s. 4, Ch. 76-208 , authorized school boards, as well as other specified governmental units, to pay the premiums for the designated types of group insurance. Section 112.081 , F....

...(1976 Supp.), in pertinent part authorizes the district school boards which provide group insurance plans for their officers and employees to allow retired former personnel the option of continuing to participate in such group insurance plans, at the cost of such retired personnel. Section 112.08 , F....

...emiums which such officer or employee has agreed to pay for such insurance and to remit the same to the insurance company issuing such group insurance. It, therefore, seems clear from the aforementioned statutes as well as the legislative history of s. 112.08 , F....

...or their officers and employees. That school board members are public officers is beyond question, requiring no citation of precedent to substantiate. See s. 4, Art. IX, State Const., and ss. 230.01, 230.03, 230.05, 230.12, 230.22, and 230.23, F. S. Section 112.08 , F....

...or the control, organization, and administration of schools in the district ( see s. 230.01), and constitute the governing body of the school district, a body corporate ( see s. 230.21, F. S.). They are not excepted or excluded from the operation of s. 112.08 , nor is the term `officers' limited to any particular officers of the local governmental units by any statutory provision of which I am aware....

...145.17 prohibits officers whose compensation is fixed by Ch. 145 from receiving supplemental income [ see also s. 145.131 (1) and (2)], s. 145.131 (3) expressly permits the payment of all or any portion of the costs of the designated group insurance authorized by s. 112.08 , F....

...officer's official duties and services a public purpose, the official is entitled to legal representation at public expense. The determination, however, that both criteria have been met is one which must be made by the governing body of the city. 3. Section 112.08 , F.S....

...However, your inquiry does not relate to the city's obligation to pay for such legal fees but whether it may provide its offices, as part of the officers' compensation, legal insurance which would cover the costs incurred in defending such officers against charges of misconduct, regardless of the outcome. Section 112.08 (2)(a), F.S....

...ts. . . . (e.s.) "Local governmental unit" is expressly defined to include a municipality. 11 As noted above, I am not aware of any decision which would obligate the city to pay the legal expenses of its officers found guilty of misconduct. However, s. 112.08 (2)(a), F.S., authorizes municipalities to provide their officers and employees, as part of their compensation, with legal expense insurance. "Legal expense insurance" is not defined in s. 112.08 , F.S. (1990 Supp.), and an examination of the legislation adding the term to s. 112.08 , F.S., did not reveal any evidence of legislative intent regarding the type of coverage intended....

...njunctive relief against recall petitions. 5 397 So.2d 352 , 354 (1 D.C.A. Fla., 1981). 6 560 So.2d 1214 (2 D.C.A. Fla., 1990). 7 568 So.2d 914 , 916-917 (Fla. 1990). 8 568 So.2d at 917 . 9 Id . 10 See , e.g ., AGO's 86-35 and 90-74. 11 See , e.g ., s. 112.08 (1), F.S....