The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 43
COURTS: GENERAL PROVISIONS

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F.S. 43.16

43.16 Justice Administrative Commission; membership, powers and duties.—

(1) There is hereby created a Justice Administrative Commission, with headquarters located in the state capital. The necessary office space for use of the commission shall be furnished by the proper state agency in charge of state buildings. For purposes of the fees imposed on agencies pursuant to s. 287.057(24), the Justice Administrative Commission shall be exempt from such fees.

(2) Members of the Justice Administrative Commission shall serve for a period of 2 years, with the terms of each dating from July 1, 1985, except that initially, one state attorney member and one public defender member shall each serve a 1-year term. Members shall be selected in the following manner:

(a) Two state attorneys, to be appointed by the president of the Florida Prosecuting Attorneys Association.

(b) Two public defenders, to be appointed by the president of the Florida Public Defender Association.

(3) The members of the Justice Administrative Commission are authorized to perform necessary travel incident to official business of the commission and shall be reimbursed therefor in accordance with the provisions of s. 112.061.

(4)(a) The Justice Administrative Commission shall employ an executive director and fix his or her salary. The executive director shall employ any necessary personnel for the efficient performance of the commission according to a classification and pay plan annually approved by the commission.

(b) All employees of or within the commission are exempt from the Career Service System provided in chapter 110 and, notwithstanding s. 110.205(5), are not included in the Senior Management Service or the Selected Exempt Service. The commission shall annually approve a classification plan and salary and benefits plan.

(c) Employees in permanent positions must be offered benefits comparable to those offered under the Career Service System.

(d) The commission may offer benefits in excess of those offered under the Career Service System only to employees who are appointed to positions designated as having managerial or policymaking duties or positions requiring membership in The Florida Bar.

(e) By January 15 of each year, the commission shall submit to the Executive Office of the Governor, the President of the Senate, and the Speaker of the House of Representatives a listing of all positions receiving benefits greater than those benefits offered under the Career Service System. Any change in the positions that are offered greater benefits or any change in the level of benefits is subject to the notice and objection procedures of s. 216.177.

(5) The duties of the commission shall include, but not be limited to, the following:

(a) The maintenance of a central state office for administrative services and assistance when possible to and on behalf of the state attorneys and public defenders of Florida, the capital collateral regional counsel of Florida, the criminal conflict and civil regional counsel, and the Guardian Ad Litem Program.

(b) Each state attorney, public defender, and criminal conflict and civil regional counsel and the Guardian Ad Litem Program shall continue to prepare necessary budgets, vouchers that represent valid claims for reimbursement by the state for authorized expenses, and other things incidental to the proper administrative operation of the office, such as revenue transmittals to the Chief Financial Officer and automated systems plans, but will forward such items to the commission for recording and submission to the proper state officer. However, when requested by a state attorney, a public defender, a criminal conflict and civil regional counsel, or the Guardian Ad Litem Program, the commission will either assist in the preparation of budget requests, voucher schedules, and other forms and reports or accomplish the entire project involved.

(6) The commission, each state attorney, each public defender, the criminal conflict and civil regional counsel, the capital collateral regional counsel, and the Guardian Ad Litem Program shall establish and maintain internal controls designed to:

(a) Prevent and detect fraud, waste, and abuse as defined in s. 11.45(1).

(b) Promote and encourage compliance with applicable laws, rules, contracts, grant agreements, and best practices.

(d) Ensure reliability of financial records and reports.

(e) Safeguard assets.

(7) The provisions contained in this section shall be supplemental to those of chapter 27, relating to state attorneys, public defenders, criminal conflict and civil regional counsel, and capital collateral regional counsel; to those of chapter 39, relating to the Guardian Ad Litem Program; or to other laws pertaining hereto.

(8) Chapter 120 does not apply to the Justice Administrative Commission.

History.—ss. 1-6, ch. 65-328; s. 1, ch. 78-174; s. 1, ch. 85-46; s. 4, ch. 85-332; s. 259, ch. 95-147; s. 98, ch. 2003-261; s. 64, ch. 2003-402; s. 42, ch. 2004-265; s. 29, ch. 2005-236; s. 7, ch. 2006-1; s. 2, ch. 2006-18; s. 22, ch. 2006-79; s. 23, ch. 2007-62; s. 8, ch. 2009-204; s. 4, ch. 2010-151; s. 10, ch. 2013-44; s. 5, ch. 2019-15; s. 8, ch. 2021-225.

F.S. 43.16 on Google Scholar

F.S. 43.16 on Casetext

Amendments to 43.16

Arrestable Offenses / Crimes under Fla. Stat. 43.16

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 43.16.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE EXPRESS SCRIPTS ANTHEM ERISA LITIGATION, 285 F. Supp. 3d 655 (S.D.N.Y. 2018)

. . . In June 2016, Corrigan paid $43.16 for 30 tabs of Pravastatin Sodium and Omeprazole Delayed Release. . . .

UNITED STATES v. UNIPOINT TECHNOLOGIES, INC. d b a a k a, 159 F. Supp. 3d 262 (D. Mass. 2016)

. . . conduct, “had willfully or repeatedly violated Section 214(a) of the Act, as amended, and Sections 43.16 . . .

HARRISON AIRE, INC. v. AEROSTAR INTERNATIONAL, INC., 316 F. Supp. 2d 186 (E.D. Pa. 2004)

. . . . § 43.16. . . . Section 43.16 states in relevant part, “Each person performing an inspection or other maintenance specified . . . opinion supporting dismissal, the ALJ observed: [T]he Complaint lists an alleged violation of FAR § 43.16 . . . A deviation from those instructions will not result in a violation in § 43.16 so long as the inspection . . .

THUNDERBIRD PROPELLERS, INC. v. FEDERAL AVIATION ADMINISTRATION,, 191 F.3d 1290 (10th Cir. 1999)

. . . manufacturer, or other techniques, and practices acceptable to the Administrator, except as noted in § 43.16 . . .

P. CONRAD L. v. TOKYO AIRCRAFT INSTRUMENT CO. LTD. d b a TKK,, 988 F. Supp. 1227 (W.D. Wis. 1997)

. . . , or other methods, techniques, and practices acceptable to the Administrator, except as noted in § 43.16 . . .

ORANGE COUNTY, v. WILLIAMS,, 702 So. 2d 1245 (Fla. 1997)

. . . . § 43.16(5)(a), Fla. Stat. (1995). . § 27.703, Fla. Stat. (Supp.1996). . . . .

In SPIELFOGEL,, 211 B.R. 133 (Bankr. E.D.N.Y. 1997)

. . . The first group consisted of members of Sidney’s family (43.16%); the second group consisted of members . . . of Michael’s family (43.16%); and the third group (the “Non-Spielfogel Shareholders”) consisted of two . . . This stock, coupled with the Michael Spielfogel family’s existing 43.16% interest in Bambú, gave the . . .

BURLINGTON NORTHERN INC. v. UNITED STATES, 661 F.2d 964 (D.C. Cir. 1981)

. . . X-305 A 38.41 (10) (6-20 74) 37.89 (waived) —0.52 X-310-A 41.10 (7) (4-27-75) 40.54 (7) —0.56 X-313 43.16 . . .

TAYLOR v. HILL,, 420 F. Supp. 1020 (W.D.N.C. 1976)

. . . Average Monthly Payment Per Person Years AA 1960 $40.55 1961 43.16 1962 45.83 1963 49.26 1964 51.30 1965 . . .

B. A. Co. v., 42 Cust. Ct. 718 (Cust. Ct. 1959)

. . . of the Tariff Act of 1930, at 223.33 Swedish crowns each, net, packed, equivalent to United States $43.16 . . .

B. A. Co. v., 39 Cust. Ct. 680 (Cust. Ct. 1957)

. . . This is equivalent to $43.16, and it will be noted that this is only a cent more than the entered value . . .

BRADFORD v. HANOVER FIRE INS. CO. OF CITY OF NEW YORK, 102 F. 48 (3d Cir. 1900)

. . . judgment was entered on the verdict against the defendant therein in the sum of $2,529.20 and costs, $43.16 . . .