Florida/Georgia Personal Injury & Workers Compensation

...reme Court challenging the constitutionality of a proviso in section 8(3)(a)4 of House Bill 5001, which prohibited state agencies from paying Bar dues for that fiscal year. The FPAA argued the challenged proviso impermissibly amended existing law in section 216.345, Florida Statutes (2009), which authorized the payment of those dues....

...In the order, the trial court recognized its obligation to uphold a legislative enactment if possible to do so, and its limited authority to strike legislation only when the legislation plainly violates the Florida Constitution. However, the trial court found no possible way to construe the challenged proviso, or section 216.345, in a way for the proviso to be upheld. In its ruling, the trial court stated section 216.345 “confers upon the head of any component of state government the right to pay dues for membership in a bar association from funds allocated to the component of state government if the agency head elects to do so.” For this reason, the court held because the challenged proviso eliminated the discretion of agency heads to pay Bar dues out of its allocated state funds, the proviso directly contradicted section 216.345, which authorizes discretion in the payment of such dues....

...1 The proviso in question is contained in section 8(3)(a)4 of House Bill 5001. This proviso states, “no agency may *876 expend funds provided in this act for Bar dues.” Fla. H.B. 5001, § 8(3)(a)4, at 401 (2010). Appellees claim this proviso violates section 216.345, which provides: Professional or other organization membership dues; payment (1) A state department, agency, bureau, commission, or other component of state government, or the judicial branch, upon approval by the head or the designat...

...However, approval shall not be granted to pay membership dues for maintenance of an individual’s professional or trade status in any association or organization, except in those instances where agency or branch membership is necessary and purchase of an individual membership is more economical. [[Image here]] § 216.345, Fla....

...The issue of whether this statute includes authorization to pay Bar dues has previously been addressed by Florida’s Attorney General. 2 In 1977, immediately following the enactment of the statute, the Attorney General concluded because Bar dues are part of an attorney’s professional or trade status, the plain language of section 216.345(2) prohibited payment of these dues by an agency unless the agency’s own membership was necessary and individual payments were considered more economical. See Op. Att’y Gen. Fla. 247 (1977). While the opinion recognized State agencies were permitted to pay certain membership dues if the requirements in section 216.345 were met, these memberships would not include “professional” or “trade status” memberships. See Op. Att’y Gen. Fla. 247 (1977); Op. Att’y Gen. Fla. 19 (1984). The Attorney General has consistently delineated that payment of dues for membership in the Bar was not permitted by section 216.345 because the payment of these dues was required to maintain an individual’s professional trade status. See Op. Att’y Gen. Fla. 247 (1977) (stating section 216.345 does not authorize payment of Bar dues for the public defender and his assistant from his agency’s appropriation); Op. Att’y Gen. Fla. 17 (1984) (stating section 216.345 does not authorize the payment of Bar dues for the public defender and his full time assistants); Op....

QUESTIONS: 1. Does s. 216.345 , F. S., authorize the payment of The Florida Bar dues for the public defender and his full-time assistant public defenders out of the agency's appropriations? 2. Does s. 216.345 , F....

...S., authorize the payment of dues for the public defender and his assistant public defenders, investigators, and administrative aides for the Florida Public Defender Association out of the budgets for the respective public defender circuits? SUMMARY: Section 216.345 , F. S., as amended by Ch. 77-39 , Laws of Florida, does not authorize the payment of Florida Bar dues for the public defender and his full-time assistant public defender from the agency's appropriation. Section 216.345 authorizes the payment of dues for the public defender and his assistant public defenders, investigators, and administrative aides for the Florida Public Defender Association out of the budgets for the respective public defender circu...

...bership is essential to the statutory duties and responsibilities of the public defender's office. Since your questions essentially involve a construction of the same statute, they will be addressed together. In 1977, the Florida Legislature amended s. 216.345 , F. S., relating to the payment of professional or other organization membership dues from public funds. See Ch. 77-39 , Laws of Florida. Section 216.345 , as amended, provides that, upon approval of the agency head or designated agent thereof, a state department agency, bureau, commission or other component of state government may utilize state funds for the purpose of paying dues for membership in a professional or other organization only when such membership is essential to the statutory duties and responsibilities of the state agency. Section 216.345 (1). However, insofar as individual memberships are concerned, s. 216.345 (2) provides as follows: Upon certification by a professional or other organization that it does not accept institutional memberships , the agency may authorize the use of state funds for the payment of individual membership dues when such...

...(Emphasis supplied.) It appears that, since membership in The Florida Bar is a precondition to the practice of law in the State of Florida, membership dues could not be paid from public funds since the purpose of such membership would be to maintain an individual's `professional status.' Pursuant to s. 216.345 (2), F....

...d, purchase of an individual membership must be more economical, presumably, than an agency membership. Since state agencies cannot hold membership in The Florida Bar, it seems apparent that the Legislature intended to exempt from the prohibition of s. 216.345 (2), F. S., relating to maintenance of professional or trade status, organizations other than The Florida Bar. Accordingly, I am of the view that Ch. 77-39 , Laws of Florida, which amends s. 216.345 , F....

...s required by law to be a member of The Florida Bar and prohibited from engaging in the private practice of law could not charge his bar dues as an expense of his office. Insofar as membership in the Florida Public Defender Association is concerned, s. 216.345 (1), F....

...essential to the statutory duties and responsibilities of the state employing agency, i.e ., the public defender. Since membership in such an association does not serve to maintain an individual's professional or trade status, the second sentence of s. 216.345 (2) is not applicable to your second question....

predecessors in the office of Attorney General. Section 216.345 provides in pertinent part as follows:

THE SEVERAL STATE ATTORNEYS? QUESTION ONE Section 216.345(1), F.S., provides: A state department

...rnors' Conference). Regardless of the correctness or legal efficacy of the views expressed in AGO 071-200 at the time it was rendered, that opinion has now been superseded and rendered meaningless as to Cabinet members by the subsequent enactment of s. 216.345 , F....

...S., as amended by Ch. 79-190, Laws of Florida, which (except in the case of the Governor's use of funds from his contingent-discretionary appropriation) controls the use of state funds to pay membership dues to `professional and other organizations.' Section 216.345 limits such payments to instances in which such membership is `essential to the statutory duties and responsibilities of the state agency.' See AGO 077-115....

...e of these powers has not been preempted to the state and does not conflict with state law or certain constitutional provisions. With regard to statutory provisions regulating the payment of dues for professional or other organizational memberships, section 216.345 , Florida Statutes, provides: "(1) A state department, agency, bureau, commission, or other component of state government, or the judicial branch, upon approval by the head or the designated agent thereof, may utilize state funds for...

...(4) Payments for membership dues are exempt from the provisions of part I of chapter 287." This section does not preempt local legislation on the issue of payment of association dues and, because this section is directed to state agencies, county legislation on this subject would not conflict with section 216.345 , Florida Statutes....