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Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4879
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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What is the law in the state of Florida when the county administrator

Resolved Question:

What is the law in the state of Florida when the county administrator knowingly misleads the county commission and the public in a written report and the false information is used to keep a private business from obtaining a Certificate of Public Convenience and Necessity to operate in that county.
Submitted: 10 months ago.
Category: Legal
Expert:  Joseph replied 10 months ago.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.


I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Are you alleging that the county commissioner knowingly mislead the county commission and public in order to wrongfully deny the private business from obtaining a certificate of public convenience and necessity to operate in the county?

Has it been determined that the county administrator did knowingly mislead the commission and the public? If not, is that capable of being proven?
Customer: replied 10 months ago.

the county administrator is misleading the county commission and the public in order to deny a private business from obtaining a certificate of public convenience and necessity.

Expert:  Joseph replied 10 months ago.
Hello Thomas,

Thank you for the additional information. I am looking into this for you and will get back to you shortly.
Customer: replied 10 months ago.

i believe it can be proven.

Expert:  Joseph replied 10 months ago.
Hello Thomas,

I can see there being a few causes of action against the county administrator that could be maintained. First among these is:

Tortious interference, which can be made out if you can prove these statements were made with the intention of interfering with your business.

To sufficiently state a claim under tortious interference with an advantageous business relationship, the claimant must plead four elements:

1) the existence of a business relationship, not necessarily evidenced by an enforceable contract, under which plaintiff has legal rights;

2) knowledge of the relationship on the part of the defendant;
an intentional

3) and unjustified interference with that relationship by the defendant;

4) and damage to the plaintiff as a result of the interference.

Palm Beach Cnty. Health Care Dist. v. Prof'l Med. Educ., Inc., 13 So.3d 1090, 1094 (Fla. 4th DCA 2009).
Tardif v. People for the Ethical Treatment of Animals, 160 Lab.Cas. P 61065, (M.D. Fla. 2010) (Case No. 2:09-cv-537-FtM-29SPC).


Negligent and/or Intentional Misrepresentation

which is made out below:

1) There was a misrepresentation of material fact;

(2) the representer either knew of the misrepresentation, made the misrepresentation without knowledge of its truth or falsity, or should have known the representation was false;

(3) the representer intended to induce another to act on the misrepresentation; and

(4) injury resulted to a party acting in justifiable reliance upon the misrepresentation. Baggett v. Elecs. Local 915 Credit Union, 620 So.2d 784, 786 (Fla. 2d DCA 1993). With respect to negligent misrepresentation claims, justifiable reliance on the misrepresentation is a required element. Tardif v. People for the Ethical Treatment of Animals, 160 Lab.Cas. P 61065, (M.D. Fla. 2010) (Case No. 2:09-cv-537-FtM-29SPC).

Fraudulent Misrepresentation

(1) a false statement concerning a material fact;
(2) the representor's knowledge that the representation is false;
(3) an intention that the representation induce another to act on it; and
(4) consequent injury by the party acting in reliance on the representation.” Butler v. Yusem, No. SC09-1508, 2010 WL(NNN) NNN-NNNN at *3 (Fla. Sept.8, 2010) (citations and internal quotation omitted).
Tardif v. People for the Ethical Treatment of Animals, 160 Lab.Cas. P 61065, (M.D. Fla. 2010) (Case No. 2:09-cv-537-FtM-29SPC).


and defamation:

in which a plaintiff must show:

(1) That the defendant published a false statement about the plaintiff;
(2) To a third party; and
(3) That the falsity of the statement caused injury to the plaintiff. See Razner v. Wellington Regional Med. Ctr., Inc., 837 So. 2d 437 (Fla. 4th DCA 2002).



I hope the above information is helpful.

Please let me know if you have any clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work. (It is necessary for you to rate my answer even though you’ve made a deposit or are a subscriber. I only receive compensation for my work if you rate me positively). Otherwise, I receive nothing for assisting you.

Thanks and best of luck!
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4879
Experience: Attorney with significant and substantial experience in multiple areas of law.
Joseph and 2 other Legal Specialists are ready to help you

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