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Florida Statute 180.08 | Lawyer Caselaw & Research
F.S. 180.08 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 180.08

The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES
Chapter 180
MUNICIPAL PUBLIC WORKS
View Entire Chapter
F.S. 180.08
180.08 Revenue certificates; terms; price and interest; three-fifths vote of governing body required.
(1) Any municipality which acquires, constructs or extends any of the public utilities authorized by this chapter and desires to raise money for such purpose, may issue mortgage revenue certificates or debentures therefor without regard to the limitations of municipal indebtedness as prescribed by any statute now in effect or hereafter enacted; provided, however, that such mortgage revenue certificates or debentures shall not impose any tax liability upon any real or personal property in such municipality nor constitute a debt against the municipality issuing the same, but shall be a lien only against or upon the property and revenues of such utility, including a franchise setting forth the terms upon which, in the event of foreclosure, the purchaser may operate the same, which said franchise shall in no event extend for a period longer than 30 years from the date of the sale of such utility and franchise under foreclosure proceedings.
(2) Such mortgage revenue certificates or debentures shall be sold for at least 95 percent of par value and shall bear interest not to exceed 7.5 percent per annum.
(3) No mortgage revenue certificates or debentures shall be issued except upon a three-fifths affirmative vote of the city council, or other legislative body of the municipalities by whatever name known; such mortgage revenue certificates or debentures shall provide that out of the revenues and income derived and obtained from the operation of the utility so constructed, such portion thereof as may be deemed sufficient after all operating costs have been paid, shall be set aside annually in a sinking fund for the payment of interest on said certificates or debentures and the principal thereof at the maturity of the same.
History.s. 5, ch. 17118, 1935; CGL 1936 Supp. 3100(10); s. 18, ch. 73-302.

F.S. 180.08 on Google Scholar

F.S. 180.08 on Casetext

Amendments to 180.08


Arrestable Offenses / Crimes under Fla. Stat. 180.08
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 180.08.



Annotations, Discussions, Cases:

Cases from cite.case.law:

AMTRUST FINANCIAL SERVICES, INC. v. LACCHINI,, 260 F. Supp. 3d 316 (S.D.N.Y. 2017)

. . . include (1) receipt of a commercial bribe in the first degree, in violation of New York Penal Law § 180.08 . . .

O BRIEN, v. T. McMAHON, a L. Jr. A. E. a a T. T. a, 44 So. 3d 1273 (Fla. Dist. Ct. App. 2010)

. . . Lesnick, Appleman on Insurance § 180.08 (2d ed. 2006) (“[I]n most life insurance policies the right to . . .

FUJI PHOTO FILM U. S. A. INC. v. F. McNULTY, S. a k a C. K. ADK LLC, LLC,, 640 F. Supp. 2d 300 (S.D.N.Y. 2009)

. . . ADK, and Windwood defendants bribed McNulty in violation of New York Penal Law sections 180.03 and 180.08 . . . Section 180.08 prohibits the receiving of bribes under the same circumstances detailed in Section 180.03 . . .

MADDALONI JEWELERS, INC. v. ROLEX WATCH U. S. A. INC., 354 F. Supp. 2d 293 (S.D.N.Y. 2004)

. . . The first is commercial bribe receiving in the first degree, a felony defined by New York Penal Law § 180.08 . . . . (3d AC ¶ 49) Under section 180.08, “[a] person is guilty of first-degree commercial bribe receiving . . . therefore conclude that plaintiff has raised no triable issues of fact as to any violation of section 180.08 . . . Penal L. § 180.08 states: "An employee, agent or fiduciary is guilty of commercial bribe receiving in . . . Penal Law § 180.08, plaintiff nevertheless would have failed to establish two distinct predicate acts . . .

In THE EXTRADITION OF CHAN SEONG- I, A K A I, A K A A K A S. A K A A K A S. A K A a s, 346 F. Supp. 2d 1149 (D.N.M. 2004)

. . . Penal Law § 180.08 (felony when value of benefit exceeds one thousand dollars and causes economic harm . . .

SUPER NATURAL DISTRIBUTORS, INC. v. MUSCLETECH RESEARCH AND DEVELOPMENT,, 140 F. Supp. 2d 970 (E.D. Wis. 2001)

. . . Penal Law §§ 180.03 and 180.08). . . .

PHILIP MORRIS, INCORPORATED, v. GRINNELL LITHOGRAPHIC CO. INC., 67 F. Supp. 2d 126 (E.D.N.Y. 1999)

. . . 4913, 1996 WL 556963, at *4 (S.D.N.Y., Oct. 1, 1996) (no private right of action under Penal Law § 180.08 . . . explaining that under New York law an employer may recover from his employee bribes taken in violation of § 180.08 . . .

In HOMSCHEK, SEARS, ROEBUCK CO. v. HOMSCHEK,, 216 B.R. 748 (Bankr. M.D. Pa. 1998)

. . . Saw $211.98 07/31/95 TV/Stereo/Home Electronics $296.79 08/02/95 Tools/Hardware $679.34 08/03/95 VCR $180.08 . . .

E. CLAPP, v. J. GREENE,, 743 F. Supp. 273 (S.D.N.Y. 1990)

. . . these acts were commercial bribery and bribe receiving in violation of New York Penal Law §§ 180.03 and 180.08 . . .

UNITED STATES v. COVINO,, 837 F.2d 65 (2d Cir. 1988)

. . . Penal Law § 180.08 (McKinney Supp.1988), and “Commercial bribe receiving in the second degree,” N.Y. . . .

TEXWOOD LIMITED, v. GERBER,, 621 F. Supp. 585 (S.D.N.Y. 1985)

. . . , Drake, and JoSo gave, and defendant Wat accepted, commercial bribes in violation of §§ 180.03 and 180.08 . . . Penal Law §§ 180.03, 180.08 (McKinney Supp.1984-1985). . . . Gerber, Drake, and JoSo gave, and defendant Wat accepted commercial bribes in violation of §§ 180.03 and 180.08 . . . However, it appears that an employer may recover from its employee bribes taken in violation of § 180.08 . . .

UNITED STATES v. SEREGOS,, 655 F.2d 33 (2d Cir. 1981)

. . . .” “§ 180.08 Commercial bribe receiving in the first degree An employee, agent or fiduciary is guilty . . .

STATE v. CITY OF WEST PANAMA CITY BEACH,, 127 So. 2d 665 (Fla. 1961)

. . . It is then contended that under Section 180.08, Florida Statutes, F. . . . Appellant asserts that the Section 180.08 further provides that the revenue certificates shall not constitute . . . They are not ad valorem taxes or property taxes within the contemplation of Section 180.08, Florida Statutes . . . In grounding its position upon the provisions of Section 180.08, Florida Statutes, F.S.A., we think the . . .

THE STATE OF FLORIDA v. CITY OF FORT MYERS, 156 Fla. 681 (Fla. 1945)

. . . question may be answered by turning to Chapter 180 Florida Statutes, 1941, F.S.A., where, in Section 180.08 . . .

In LYMAN, 55 F. 29 (S.D.N.Y. 1893)

. . . March 3, 1875, where under the same head, (18 St. at Large, p. 395,) appears the appropriation of $388,-180.08 . . .