The 2023 Florida Statutes (including Special Session C)
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. . . . § 843.12(a)(2). (SeaCompL ¶ 43.) . . . violation is corrected or to show "good cause” for failing to do so. 30 C.F.R. §§ 842.1 l(b)(l)(ii)(B)(l), 843.12 . . . discretion[,]” OSM is authorized to take corrective action, id. § 842.1 l(b)(l)(ii)(B)(2); see also id. § 843.12 . . .
. . . L.C.G., a minor, was charged with aiding escape in violation of section 843.12, Florida Statutes (2010 . . . escaped, from an officer or person who has or is entitled to the lawful custody of such person.” § 843.12 . . . escaped from an officer ... who was entitled to the lawful custody of the [escapee], contrary to Section 843.12 . . .
. . . It is a third-degree felony under section 843.12, Florida Statutes (2006), if a person “knowingly aids . . . predicate act; the information specifically referenced the crime of aiding an escape, under section 843.12 . . .
. . . (conveying tools into prison to aid escape); § 843.12, Fla. Stat. (aiding escape); § 843.13, Fla. . . .
. . . . § 843.12(a)(2). . . .
. . . fact to escape based upon sections 777.03 and 944.40, Florida Statutes (1997), not based upon section 843.12 . . .
. . . Section 843.12, Florida Statutes, provides as follows: Whoever knowingly aids or assists a person in . . . is entitled to the lawful custody of such person, is guilty of a felony of the third degree .... § 843.12 . . . Hence, we conclude that section 843.12 is a general, rather than a specific, intent statute, for which . . .
. . . , Fleischman did not advise the defendant concerning her potential criminal liability under section 843.12 . . . The defendant was charged by information with aiding escape under section 843.12. . . . Upon concluding that section 843.12 requires specific intent and that the undisputed facts established . . . Section 843.12, Florida Statutes, provides as follows: Whoever knowingly aids or assists a person in . . . Hence, we conclude that section 843.12 is a general, rather than a specific, intent statute, for which . . .
. . . . § 843.12(a)(2) (1995), permits the Department to issue a NOV based on inspections other than those . . .
. . . . § 843.12(a)(2) (1989) states: When, on. the basis of [a] Federal inspection [as described . in § 842.11 . . . These regulations parallel SMCRA § 1271(a)(1) and (2) closely, with an exception: §§ 842.11 and 843.12 . . . Sections 842.11 and 843.12 authorize federal intervention, in the form of an inspection followed by a . . . It follows that §§ 842.11 and 843.12 authorize ten-day notice to the state regulatory authority, federal . . . OSM’s authority to issue a notice of violation under § 843.12 is triggered by an inspection. . . .
. . . . § 843.12(a). . . . Section 843.12(a)(2) goes on to allow the inspector to issue the NOV if after ten days from notification . . .
. . . contends, and rightly so, that the felony with which he should have been charged is defined in section 843.12 . . .
. . . . § 843.12(a)(2) clearly gives OSM the authority to issue such a NOV. 661 F.Supp. at 383. . . . . § 843.12(a)(2) gives OSM the authority to issue the NOV. . . .
. . . . § 843.12(a)(2) clearly gives OSM the authority to issue a NOV and CO without first holding a public . . . 30 U.S.C. § 1271 and, therefore, that OSM did not have authority to issue the NOV and CO because § 843.12 . . . Both 30 U.S.C. § 1271(a) and 30 C.F.R. § 843.12(a) contemplate that the state enforcement agency receive . . . In addition, 30 C.F.R. § 843.12(a)(2) provides: Where the State fails within ten days after notification . . . shall forward certified copies of the Memorandum Opinion and Order to counsel of record. . 30 C.F.R. § 843.12 . . .
. . . . § 843.12(a)(2) exceeded the Secretary’s statutory authority. . . . injunction in the present case, the district court found that the regulation set forth in 30 C.F.R. § 843.12 . . .
. . . . § 843.12(a)(2), which grants to OSM the power to issue N.O.V.s on the basis of any federal inspection . . . The Secretary’s regulation at 30 C.F.R. § 843.12(a)(2) significantly expands the authority of the OSM . . . because on December 1, 1981, OSM proposed a change in the regulations deleting the last sentence of § 843.12 . . . Finally, on March 3, 1983, OSM issued a statement of policy that 30 C.F.R. § 843.12(a)(2) was properly . . . Secretary argues that this Court lacks subject matter jurisdiction to review the provisions of 30 C.F.R. § 843.12 . . .
. . . concluded that the Pennsylvania provision did not harmonize with the federal regulation, as found in 30 CFR 843.12 . . . The applicable federal requirements are found in 30 C.F.R. 843.12(c) and (f), which consist of five circumstances . . . concluding that 25 Pa.Code 86.211 is not as stringent or effective as its federal counterpart in 30 C.F.R. 843.12 . . .
. . . judgment of acquittal on the charge of aiding or assisting a person to escape, pursuant to Section 843.12 . . . proof that Durrance was in fact in custody, we point out that the actual offense is defined by Section 843.12 . . .
. . . Section 843.12, Florida Statutes, provides that it is a crime to aid a person in escaping from an officer . . .
. . . not necessary to show the precise cause of the detention, “ * * * because punishment under Section 843.12 . . . offense of the escapee. * * * ” Of course it is true that the nature of the punishment under Section 843.12 . . . See Section 843.12, F.S.1967, F.S.A., and King v. State, 1900, 42 Fla. 260, 28 So. 206. . . .
. . . count on which your petitioner is charged in said information could be properly made only under Section 843.12 . . . The latter is governed by Sec. 843.12 and the former, by Sec. 843.11, the elements of which can be realigned . . . S4S.11 and 843.12, Florida Statutes 1953, F.S.A. . “843.11 Conveying tools into jail to aid escape; forcible . . .
. . . because imposed under Section 843.11, F.S.1951, F.S.A., whereas the information was drawn under Section 843.12 . . .