Category: Florida Attorney General Opinions

Donald C. Evans Attorney General of Florida — Opinion September 30, 1980 Comprehensive planning act Jim Smith, Attorney General Prepared by: Percy W. Mallison, Jr., Assistant Attorney General Donald C. Evans Attorney for Hillsborough County City/County Planning Commission Tampa QUESTION: Do the provisions of the Local Government Comprehensive Planning Act of 1975 (ss. 163.3161–163.3211, F. […]

Eugene M. Steinfeld City Attorney Attorney General of Florida — Opinion July 6, 1979 Civil service commission, sunshine law Craig B. Willis Assistant Attorney General Eugene M. Steinfeld City Attorney Margate QUESTION: Does the Sunshine Law require the Civil Service Commission of the City of Margate to conduct its civil service examinations open to the […]

Norman D. Warford, Attorney for Board of Supervisors of Englewood Water District, Englewood Attorney General of Florida — Opinion August 8, 1974 RE: PUBLIC OFFICERS VACANCY CREATED BY LOSS OF FREEHOLDER STATUS IN SPECIAL DISTRICT Vacancy created by freeholder status Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: Is […]

James A. Neal, Jr. Attorney Attorney General of Florida — Opinion May 6, 1991 Clerk of Court Disbursement of Excess Proceeds Robert A. Butterworth Attorney General James A. Neal, Jr. Attorney for Citrus County Clerk of Courts QUESTION: 1. How should the clerk of circuit court disburse overbid proceeds when multiple interested parties have applied […]

Edwin Green Chairman Construction Industry Licensing Board Attorney General of Florida — Opinion October 9, 1991 Construction Industry Licensing Board Robert A. Butterworth Attorney General Edwin Green Chairman Construction Industry Licensing Board LQUESTION: May the Construction Industry Licensing Board designate new specialties in the construction industry for mandatory licensing? SUMMARY: The Construction Industry Licensing Board […]

Jack D. Kane, Executive Director, Department of General Services, Tallahassee Attorney General of Florida — Opinion June 17, 1976 RE: STATE PURCHASING APPLICABILITY OF REQUIREMENTS MET IN ACQUISITION OF COMMODITIES TO FIXED CAPITAL OUTLAY EXPENDITURES Fixed capital outlay expenditures/state purchasing Robert L. Shevin, Attorney General Prepared by: Larry Levy and David K. Miller, Assistant Attorneys […]

James A. Devito Attorney General of Florida — Opinion March 9, 1978 Modifying ordinance, contract with utility Robert L. Shevin, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General James A. Devito St. Petersburg Beach City Attorney St. Petersburg QUESTION: Can the City of St. Petersburg Beach unilaterally adopt an ordinance altering or modifying an […]

Honorable Robert E. Lockwood Clerk Circuit and County Courts Attorney General of Florida — Opinion October 17, 1991 Voluntary Fine Payments Robert A. Butterworth Attorney General Honorable Robert E. Lockwood Clerk Circuit and County Courts QUESTION: 1. Is the clerk of court required to accept voluntary fine payments, via the automated government service centers, in […]

Mr. William T. Harrison Attorney Attorney General of Florida — Opinion March 25, 1994 “Effective immediately” Board resign create vacancy Robert A. Butterworth Attorney General Mr. William T. Harrison Attorney for the Sarasota County Public Hospital Board Post Office Box 3258 Sarasota, Florida 34230-3258 Dear Mr. Harrison: You ask substantially the following question: If a […]

Mr. Frederick B. Karl County Attorney Attorney General of Florida — Opinion June 26, 1989 Use of computer network by commission/public records Robert A. Butterworth Attorney General Mr. Frederick B. Karl County Attorney Hillsborough County Post Office Box 1110 Tampa, Florida 33601 Dear Mr. Karl: You ask the following questions: 1. May the Board of […]

Judge Attorney General of Florida — Opinion June 25, 1974 RE: STANDARDS OF CONDUCT LAW INAPPLICABILITY TO JUDGES Standards of conduct and judges Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: Does the Standards of Conduct Law, particularly s. 112.313(2), F.S., require disclosure of a judge’s interest in an apartment house? SUMMARY: Conduct of […]

Mr. Christopher A. White Attorney General of Florida — Opinion December 28, 1998 RE: MUNICIPALITIES — ROADS — PUBLIC FUNDS — use of public funds to maintain private property. Art. VII, ss. 1 and 10, Fla. Const. Roads, use of public funds to maintain private property Robert A. Butterworth Attorney General Mr. Christopher A. White […]

Mr. Richard C. Williams, Jr. City Attorney Attorney General of Florida — Opinion August 4, 1988 Improvements and assessments for unincorporated area Robert A. Butterworth Attorney General Mr. Richard C. Williams, Jr. City Attorney City of New Port Richey 122 North Boulevard New Port Richey, Florida 34652 Dear Mr. Williams: You have asked substantially the […]

Harry L. Coe, Jr. Attorney General of Florida — Opinion April 13, 1978 Authority to compromise tax penalties Robert L. Shevin, Attorney General Prepared by: E. Wilson Crump II, Assistant Attorney General Harry L. Coe, Jr. Executive Director Department of Revenue Tallahassee QUESTION: Does the Department of Revenue, under the provisions of s. 201.17, F. […]

Bruce Smathers, Secretary of State, Tallahassee Attorney General of Florida — Opinion July 24, 1975 RE: ELECTIONS ABSENT ELECTOR’S CERTIFICATE — REQUIREMENTS OF ATTESTING WITNESSES Elector’s certificate and witnesses Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTIONS: 1. What is required by way of attesting witnesses to the elector’s […]

Mr. Charles J. Bradley, R.S. Attorney General of Florida — Opinion October 1, 1985 Restaurant inspection and public records law Jim Smith Attorney General Mr. Charles J. Bradley, R.S. Environmental Health Director II Department of Health and Rehabilitative Services District Three Citrus County Public Health Unit 1406 West Main Street Inverness, Florida 32650 Dear Mr. […]

Mr. David W. Wagner Alachua County Attorney Attorney General of Florida — Opinion November 4, 2002 RE: RECORDS MUNICIPALITIES redaction of confidential or exempt information from public record. s. 119.07(2)(a), Fla. Stat. Records, reaction of confidential/exempt information Robert A. Butterworth Attorney General Mr. David W. Wagner Alachua County Attorney Post Office Box 2877 Gainesville, Florida […]

Harry L. Coe. Jr. Executive Director Department of Revenue Tallahassee Attorney General of Florida — Opinion December 1, 1977 Income tax, international banking corporations Robert L. Shevin, Attorney General Prepared By: Staff QUESTION: Is an international banking corporation which establishes an international bank agency or representative office pursuant to Ch. 77-157, Laws of Florida, subject […]

Mr. Bert J. Harris III Attorney General of Florida — Opinion October 8, 1998 RE: MUNICIPALITIES — TRAFFIC CONTROL — reduction of speed limit in commercial area. s. 316.189(1), Fla. Stat. Traffic, reduction of speed limit in commercial area Robert A. Butterworth Attorney General Mr. Bert J. Harris III Attorney for Town of Lake Placid […]

James C. Watkins, Clerk, Circuit Court, Tavares Attorney General of Florida — Opinion November 26, 1975 RE: ELECTIONS FILING FEE FOR CANDIDATES IN NONPARTISAN ELECTION Filing fees in nonpartisan election Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: What qualifying fees, if any, must be paid by candidates who […]

Mr. Donald R. Worley Attorney General of Florida — Opinion June 11, 1982 Authority of board to invest funds Jim Smith, Attorney General Prepared by: Linda Lettera, Assistant Attorney General Mr. Donald R. Worley Acting Director West Coast Mental Health Board, Inc. 1718 Main Street Suite 302 Sarasota, Florida 33577 Dear Mr. Worley: This is […]

Mr. David W. Wagner Attorney General of Florida — Opinion September 29, 2009 RE: COUNTIES — ORDINANCES — CURFEWS — AIRBOATS — FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION — authority of county to adopt airboat curfew. ss. 327.46 and 327.60, Fla. Stat., as amended by Ch. 2009-86, Laws of Fla. Mr. David W. Wagner County […]

Mr. Thomas V. Infantino City Attorney Attorney General of Florida — Opinion March 26, 1985 Unenforceable lien against homestead property Jim Smith Attorney General Mr. Thomas V. Infantino City Attorney City of Inverness 405A Courthouse Square Inverness, Florida 32650 Dear Mr. Infantino: This is in response to your request for an opinion on substantially the […]

Ronald K. Wright, M.D. J.D. District Medical Examiner Attorney General of Florida — Opinion November 8, 1991 Unclaimed Body Robert A. Butterworth Attorney General Ronald K. Wright, M.D. J.D. District Medical Examiner QUESTION: Do the recent changes in s. 245.06, F.S., by s. 1, Ch. 91-168, F.S., require the embalming of an unclaimed body before […]

Neil Chamelin Attorney General of Florida — Opinion June 2, 1978 Allocation of trust fund, law enforcement Robert L. Shevin, Attorney General Prepared by: Frank A. Vickery, Assistant Attorney General Neil Chamelin Director Division of Standards and Training Police Standards and Training Commission Tallahassee QUESTIONS: 1. If law enforcement training trust fund moneys allocated to […]

James F. Lang, Attorney for Alachua County School Board, Gainesville Attorney General of Florida — Opinion March 19, 1975 RE: CONSULTANTS’ COMPETITIVE NEGOTIATION ACT APPLICABILITY TO CONTRACT PROVIDING OPTION ON USE OF DESIGN AT PERCENTAGE OF ORIGINAL FEE Consultants’ competitive negotiation act Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General […]

Fred W. Baggett Attorney General of Florida — Opinion February 5, 1979 Court clerks, fees Joslyn Wilson Assistant Attorney General Fred W. Baggett Counsel Florida Association of Court Clerks Tallahassee QUESTION: If a clerk of the traffic court does not collect the service charge of $4 `for writing any paper other than herein specifically mentioned’ […]

Rudy Underdown, Brevard County Tax Collector, Titusville Attorney General of Florida — Opinion March 6, 1974 RE: TAXATION — DEFINITION OF “GOVERNMENTAL UNITS” IN PART III, CH. 218 — DISTRIBUTION OF EXCESS FEES Definition of governmental units Robert L. Shevin, Attorney General Prepared by: Sydney H. McKenzie III, Assistant Attorney General QUESTIONS: 1. What units […]

Ms. Alison P. Rogers. Attorney General of Florida — Opinion May 14, 2009 RE: COUNTIES — CRASH REPORTS — MOTOR VEHICLES — PUBLIC RECORDS — FEES — ACCIDENTS — ORDINANCES — authority of county to obtain information from crash reports. ss. 316.066 and 316.008, Fla. Stat. Ms. Alison P. Rogers Escambia County Attorney Office of […]

Renold L. DeBarge, Airport Manager, Okaloosa County Air Terminal, Eglin Air Force Base Attorney General of Florida — Opinion August 19, 1976 RE: AIRPORT SECURITY GUARDS MEETING STANDARDS OF FEDERAL AVIATION REGULATIONS; COMPLIANCE WITH MINIMUM POLICE STANDARDS Airport security guards and federal regulation Robert L. Shevin, Attorney General Prepared by: Michael H. Davidson, Assistant Attorney […]

The Honorable S. Ray Gill State Attorney Attorney General of Florida — Opinion April 11, 1986 Prohibition on sale of alcoholic beverages Jim Smith Attorney General The Honorable S. Ray Gill State Attorney County Office Building 19 N.W. Pine Avenue Third Floor Ocala, Florida 32670 Dear Mr. Gill: This is in response to your request […]

Mr. Thomas Trask Attorney General of Florida — Opinion January 22, 1998 RE: MUNICIPALITIES — TANGIBLE PERSONAL PROPERTY — SURPLUS PROPERTY — sale of surplus tangible personal property by municipality. Municipalities, sale of tangible personal property Robert A. Butterworth Attorney General Mr. Thomas Trask Attorney for the City of Oldsmar Frazer, Hubbard, Brandt, and Trask […]

Fred Baggett Attorney General of Florida — Opinion October 8, 1986 Permits for home solicitation sales Jim Smith Attorney General To: Fred Baggett Attorney for Clerks of Circuit Courts QUESTIONS: 1. Does the permit requirement of s. 501.022, F.S., as created by ch. 86-144, Laws of Florida, supersede and invalidate municipal and county ordinances requiring […]

Curtis A. Golden State Attorney Milton Attorney General of Florida — Opinion January 19, 1979 Authority to administer blood test Joseph W. Lawrence II Assistant Attorney General Curtis A. Golden State Attorney Milton QUESTIONS: 1. What authority does a law enforcement officer have to direct the administration of a blood test for the purpose of […]

Mr. Karl W. Bohne, Jr. Attorney General of Florida — Opinion May 4, 2005 RE: MUNICIPALITIES — PUBLIC EMPLOYEES — PUBLIC FUNDS — payment of hiring bonus to individuals who accept municipal employment. ss. 215.425 and 166.021(7), Fla. Stat. Municipality, use of public funds for hiring bonus Charlie Crist Attorney General Mr. Karl W. Bohne, […]

Jim Shore Attorney General of Florida — Opinion December 9, 1982 Seminole lands ; special improvement districts Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General To: Jim Shore General Counsel, Seminole Tribe of Florida QUESTIONS: 1. To what extent do the special improvement districts created by s. 285.17, F.S., encompass Seminole […]

Mr. Ronald A. Mowrey County Attorney Attorney General of Florida — Opinion August 21, 1984 Funds used to maintain easement Jim Smith Attorney General Mr. Ronald A. Mowrey County Attorney Wakulla County 1114 North Adams Street Tallahassee, Florida 32303 Dear Mr. Mowrey: This is in response to your request for an opinion on substantially the […]

Ernest Ellison Attorney General of Florida — Opinion December 23, 1980 School districts; authority to selfinsure Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Ernest Ellison Auditor General Tallahassee QUESTION: Does s. 3 of ch. 80-285, Laws of Florida, authorize district school boards to self-insure in the prescribed manner against all […]

Elaine Gordon, Representative, 98th District, Miami Attorney General of Florida — Opinion November 10, 1976 RE: BIRTH CERTIFICATES AMENDMENT TO REFLECT SEX CHANGE IMPERMISSIBLE Birth certificates and sex change Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General QUESTION: Is amendatory legislation required in order to permit the State Registrar to […]

Mr. William Selmi, Jr. Attorney Attorney General of Florida — Opinion November 3, 2003 RE: WATER CONTROL DISTRICT — SPECIAL DISTRICTS — ROADS-in absence of statute authorizing district to maintain and repair roads, district may not generally exercise such authority. Ch. 298, Fla. Stat.; s. 298.22, Fla. Stat. Water Control District, repair of roads Charlie […]

Mr. Jack Bridges. Attorney General of Florida — Opinion February 11, 2009 RE: MUNICIPALITIES — CODE ENFORCEMENT BOARDS — COSTS — ATTORNEY’S FEES — whether statute authorizing award of costs includes attorney’s fees. s. 162.07, Fla. Stat. Mr. Jack Bridges Attorney, Code Enforcement Board of the City of Layton Russell H. Cullen, P.A. 99228 Overseas […]

Ernest Ellison, Auditor General, Tallahassee Attorney General of Florida — Opinion August 10, 1976 RE: SHERIFFS FINANCIAL REPORT — WHEN MADE Sheriffs and financial reports Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: When should the books of the sheriff be closed, and when should he make his annual […]

Richard E. Gerstein, State Attorney, Miami Attorney General of Florida — Opinion February 26, 1976 RE: FIREARMS DEFINITION INCLUDES “TASER” WEAPON “Taser” weapon is firearm Robert L. Shevin, Attorney General Prepared by: Richard W. Prospect, Assistant Attorney General QUESTION: Does the “Taser” weapon constitute a “firearm” for the purposes of s. 790.001(6), F. S.? SUMMARY: […]

Fred O. Dickinson Acting Executive Director Attorney General of Florida — Opinion February 25, 1992 18 percent reduction of civil penalty Robert A. Butterworth Attorney General Fred O. Dickinson Acting Executive Director Department of Highway Safety and Motor Vehicles QUESTION: Does the 18 percent reduction of the civil penalty imposed by s. 318.18(3), F.S., authorized […]

The Honorable Victoria J. Tschinkel Attorney General of Florida — Opinion May 28, 1986 Monetary award for employee Jim Smith Attorney General The Honorable Victoria J. Tschinkel Secretary Department of Environmental Regulation Twin Towers Office Building 2600 Blairstone Road Tallahassee, Florida 32301-8241 Dear Secretary Tschinkel: This is in response to your request for an Attorney […]

Edward J. Healey Representative 81st District West Palm Beach Attorney General of Florida — Opinion August 22, 1977 Municipalities, vehicle I.D. sticker Robert L. Shevin, Attorney General Prepared by: Patricia S. Turner Assistant Attorney General Edwin Walborsky Legal Research Assistant QUESTION: May a municipality legally require any vehicle entering the municipal limits for business purposes […]

The Honorable George Firestone Attorney General of Florida — Opinion March 30, 1984 Candidate opening two campaign accounts Jim Smith Attorney General The Honorable George Firestone Secretary of State The Capitol Tallahassee, Florida 32301 Dear Secretary Firestone: This is in response to your request for an Attorney General’s Opinion on the following question: DOES SECTION […]

J. Thomas Herndon Executive Director Department of Revenue Attorney General of Florida — Opinion August 8, 1991 Return of Property Robert A. Butterworth Attorney General J. Thomas Herndon Executive Director Department of Revenue QUESTION: What is a “return of property” within the scope of s. 193.074, F.S. (1990 Supp.)? SUMMARY: A “return of property” for […]

Richard G. Simmons, City Manager, West Palm Beach Attorney General of Florida — Opinion December 2, 1974 RE: MUNICIPALITIES MAY NOT REGULATE HITCHHIKING Regulation of hitchhiking and municipalities Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: May a municipality regulate hitchhiking in no parking or stopping areas of the […]

Ms. Suzanne D’Agresta. Attorney General of Florida — Opinion December 27, 2010 RE: ANNUAL LEAVE — VACATION LEAVE — TERMINAL PAY — SCHOOL DISTRICTS — terminal pay for vacation leave accrued prior to July 1, 2001. s. 1012.65, Fla. Stat.; s. 231.481, Fla. Stat. (2001). Ms. Suzanne D’Agresta Brown, Garganese, Weiss D’Agresta, P.A. Post Office […]

Mr. Scott L. Knox Merritt Island Redevelopment Agency Attorney Attorney General of Florida — Opinion February 12, 1996 RE: COMMUNITY REDEVELOPMENT AGENCIES — COUNTIES — MUNICIPALITIES — PUBLIC OFFICERS AND EMPLOYEES — prohibition against redevelopment agency commissioner also serving in county or municipal office does not preclude employment with county. s. 163.367(3), Fla. Stat. (1995). […]

The Honorable Quillian S. Yancey Attorney General of Florida — Opinion January 9, 1981 Compensation of witnees for travel Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General The Honorable Quillian S. Yancey State Attorney Tenth Judicial Circuit QUESTION: When a witness lives in another state and `more than 50 miles from […]

Mr. James G. Sisco Attorney General of Florida — Opinion November 30, 2001 RE: COUNTIES-SPECIAL ASSESSMENTS-UTILITIES-imposition of special assessments by non-charter county for placement of underground electric transmission lines. s. 125.01(1)(q) and (r), Fla. Stat. Special assessment, underground transmission lines Robert A. Butterworth Attorney General Mr. James G. Sisco St. Johns County Attorney Post Office […]

Mr. Joseph G. Jarret Polk County Attorney Attorney General of Florida — Opinion August 6, 2004 RE: COUNTIES — INDIGENT CARE SURTAX — TAXATION — REFERENDUM — authority of county to use voter-approved indigent care surtax to pay county’s mandatory Medicaid contributions; authority of county to use voter-approved indigent care surtax to pay costs of […]

Mr. Kenneth W. Simmons Attorney General of Florida — Opinion May 30, 1986 Parole commission records, public records law Jim Smith Attorney General Mr. Kenneth W. Simmons Chairman Florida Parole and Probation Commission 1309 Winewood Boulevard Building 6, Third Floor Tallahassee, Florida 32301 Dear Mr. Simmons: This is in response to your request for an […]

Donald L. Tucker Attorney General of Florida — Opinion March 16, 1978 Counsel for officer subject to impeachment Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General Donald L. Tucker Speaker House of Representatives William J. Rish Chairman Select Committee on Impeachment Tallahassee QUESTIONS: 1. Do constitutional concepts of due process […]

Mr. Tom Gardner Attorney General of Florida — Opinion January 22, 1988 Oyster shells as property of state Robert A. Butterworth Attorney General Mr. Tom Gardner Executive Director Department of Natural Resources Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399 Dear Mr. Gardner: You have asked whether s. 370.16(35), F.S., applies to the […]

TO: Dorothy W. Glisson, Secretary of State, Tallahassee Attorney General of Florida — Opinion October 31, 1974 RE: ELECTIONS QUALIFYING FEE NOT REFUNDABLE TO CANDIDATE WHOSE NAME IS INVOLUNTARILY REMOVED FROM BALLOT Qualifying fee is nonrefundable Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: Is the secretary of state […]

Frank Wanicka, Lee County Sheriff, Fort Myers Attorney General of Florida — Opinion May 29, 1975 RE: PUBLIC OFFICERS REPORT OF HUNTING PRIVILEGES AND RIGHT TO BUILD AND USE HUNTING CAMP AS “CONTRIBUTION” Reporting hunting privileges as contribution Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: Must the reasonable […]

Ms. Lourdes Alfonsin Ruiz. Attorney General of Florida — Opinion. October 17, 2006 RE: MUNICIPALITIES — BUSINESS IMPROVEMENT DISTRICT — SPECIAL ASSESSMENTS — LOCAL IMPROVEMENTS — method of making local municipal improvements. Ch. 170, Fla. Stat. Municipalities, special assessments Ms. Lourdes Alfonsin Ruiz Assistant City Attorney City of Coral Gables Post Office Box 141549 Coral […]

Chief Richard A. Kistner Largo Police Department Attorney General of Florida — Opinion May 19, 1995 RE: LAW ENFORCEMENT — VICTIMS RIGHTS — MUNICIPALITIES — publication of booklet or card setting forth victim’s rights and available services for distribution at crime scene and during investigation required. s. 960.001, Fla. Stat. (1994 Supp.). Publication of booklet/card […]

Mr. Andrew J. Salzman Attorney General of Florida — Opinion May 4, 2005 RE: SPECIAL DISTRICTS — FIRE CONTROL DISTRICTS — VACANCIES — vacancy on fire control district board of commissioners to be filled by remaining commissioners until next general election. ss. 189.4051, 191.005, Fla. Stat.; Ch. 00-477, Laws of Fla. Fire control district, filling […]

Mr. James W. Denhardt City of Treasure Island Attorney Attorney General of Florida — Opinion June 25, 1996 RE: MUNICIPALITIES — TRESPASS — SOVEREIGN LANDS — WHARVES AND DOCKS — RIPARIAN RIGHTS — municipality may enact trespass ordinance for unauthorized mooring to or entry on a private dock located within municipality consistent with general trespass […]

Mr. Lonnie N. Groot Attorney General of Florida — Opinion September 13, 1989 Use of authority funds to pay independent accountant Robert A. Butterworth Attorney General Mr. Lonnie N. Groot Seminole County Expressway Authority Attorney 1101 East First Street Sanford, Florida 32771 Dear Mr. Groot: As attorney for the Seminole County Expressway Authority, you have […]

Mr. Bruce R. Conroy Cape Coral City Attorney Attorney General of Florida — Opinion August 28, 1995 RE: MILITARY LEAVE — MUNICIPALITIES — PUBLIC OFFICERS AND EMPLOYEES — city’s adoption of fiscal year as annual period during which officer or employee is entitled to seventeen days of military training leave complies with requirements of state […]

Dick J. Batchelor, Representative, 43rd District, Orlando Attorney General of Florida — Opinion March 11, 1976 RE: PUBLIC OFFICERS REPORT OF CONTRIBUTIONS Public officers reporting contributions Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTIONS: 1. Is an elected public officer required under s. 111.011, F. S., to report as […]

John D. Page, Administrator, Washington County Hospital, Chipley Attorney General of Florida — Opinion April 8, 1975 RE: COUNTY HOSPITAL AUTHORITY OF TRUSTEES TO DIVERT HOSPITAL FUNDS TO START UP NONPROFIT HOSPITAL CORPORATION County hospital and nonprofit corporation Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: May the board […]

Mr. Kenza van Assenderp Attorney General of Florida — Opinion May 18, 2004 RE: TAX COLLECTORS — TAXATION — TAX CERTIFICATES — limitations on persons/entities participating in tax certificate sales; conduct of such sales by electronic means. s. 197.432, Fla. Stat. Sale of tax certificates, electronic sales Charlie Crist Attorney General Mr. Kenza van Assenderp […]

Colonel W. Loudin Chairman Estero Fire Protection and Rescue Service District Board of Commissioners Estero Attorney General of Florida — Opinion February 23, 1977 Use of funds by fire district Robert L. Shevin, Attorney General Prepared by: Jerald S. Price Assistant Attorney General QUESTION: What provisions of the Florida Statutes control the expenditure of funds […]

Ms. Helene Cohen Rosen. Attorney General of Florida — Opinion April 8, 2008. RE: GOVERNMENT IN THE SUNSHINE LAW — MEETINGS — LITIGATION — applicability of exemption to meetings by district board to approve litigation expenses of hospital. s. 286.011(8), Fla. Stat., and Ch. 2003-326, Laws of Fla. Ms. Helene Cohen Rosen General Counsel Health […]

The Honorable D. Ray Harrison, Jr. Attorney General of Florida — Opinion October 19, 2000 RE: PROPERTY APPRAISER — COUNTY OFFICERS — RESIGNATIONS — effect of officer’s resignation from current term on ability to serve in future term of office. Art. IV, s. 1(f), Fla. Const.; s. 114.04, Fla. Stat. Effect of resignation on holding […]

Mr. Harry K. Singletary, Jr. Attorney General of Florida — Opinion July 14, 1998 RE: DEPARTMENT OF CORRECTIONS — GARNISHMENT — PRISONERS — TRUST FUNDS — SOVEREIGN IMMUNITY — suits against Department of Corrections for garnishment of prisoners’ bank accounts. ss. 77.01, 944.516, Fla. Stat. Corrections, garnishment of prisoner’s bank account Robert A. Butterworth Attorney […]

Mr. Douglas R. Maddox, Sr. Attorney General of Florida — Opinion June 30, 1999 RE: NON-AD VALOREM SPECIAL ASSESSMENTS — SPECIAL DISTRICTS — LIENS — authority of special district to levy and collect special assessment for garbage collection. s. 197.3632, Fla. Stat. Collection and enforcement of special assessment Robert A. Butterworth Attorney General Mr. Douglas […]

J. Ed Straughn, Executive Director, Department of Revenue, Tallahassee Attorney General of Florida — Opinion August 12, 1976 RE: TAX SALE EXCESS PROCEEDS FROM TAX SALE MAY BE USED TO SATISFY RECORDED COUNTY WELFARE LIEN Excess proceeds from tax sale Robert L. Shevin, Attorney General Prepared by: David K. Miller, Assistant Attorney General QUESTION: Does […]

Randy Ludacer County Attorney Attorney General of Florida — Opinion January 23, 1992 Special Act/Mosquito Control District Robert A. Butterworth Attorney General Randy Ludacer County Attorney QUESTION: Does a special act creating a mosquito control district which provides for the partisan election of the board of commissioners prevail over s. 388.101(1), F.S., which provides for […]

David H. Bludworth, State Attorney, West Palm Beach Attorney General of Florida — Opinion February 28, 1974 RE: SUNSHINE LAW — APPLICABLE TO “WORKSHOP MEETING” Workshop meeting and sunshine law Robert L. Shevin, Attorney General Prepared by: Jan Dunn, Assistant Attorney General QUESTION: Must minutes be recorded when a town council meets at a “workshop […]

Chief Lee McGehee Ocala Police Department Attorney General of Florida — Opinion March 21, 1995 RE: GAMBLING — LOTTERIES — NONPROFIT OR CHARITABLE ORGANIZATIONS — jackpot given in free game counts in limitation of number of jackpots that may be given in a session. s. 849.0931, Fla. Stat. (1994 Supp.) Jackpot in free game counts […]

Mr. Patrick G. Gilligan Ocala City Attorney Attorney General of Florida — Opinion January 11, 1995 RE: MUNICIPALITIES — UTILITIES — TAXATION — requirement that municipality tax certain competitive services if taxing one utility. s. 166.231, Fla. Stat. Municipality tax certain services if taxing one utility Robert A. Butterworth Attorney General Mr. Patrick G. Gilligan […]

Stephen Bechtel Orange County Attorney Orlando Attorney General of Florida — Opinion February 1, 1977 Lobbyists, restrictions Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith Assistant Attorney General QUESTIONS: 1. Does Ch. 71-803, Laws of Florida, as amended by Ch. 72-625, Laws of Florida, authorize the Orange County Civic Facilities Authority to expend […]

Mr. Robert K. Robinson Attorney General of Florida — Opinion November 12, 2002 RE: MUNICIPALITIES — CHARTERS — ORDINANCES — charter provision prevails over ordinance where conflict exists. Municipal charter provision prevails over ordinance Richard E. Doran Attorney General Mr. Robert K. Robinson North Port City Attorney 2750 Ringling Boulevard, Suite 3 Sarasota, Florida 34237 […]

Mr. Robert R. Crittenden Attorney General of Florida — Opinion March 31, 1982 Evening curfew for juveniles Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistance Attorney General Mr. Robert R. Crittenden Attorney, Town of Dundee 103 Avenue A., N.W. Post Office Drawer 152 Winter Haven, Florida 33880 Dear Mr. Crittenden: This is in response […]

Frank Carlucci, Representative, 18th District, Jacksonville Attorney General of Florida — Opinion July 18, 1974 RE: MOTOR VEHICLES LICENSE FEE LIABILITY — EFFECT OF PRIOR USE OR NONUSE Motor vehicles and license fee liability Robert L. Shevin, Attorney General Prepared by: J. Kendrick Tucker, Assistant Attorney General, and Rick Hamrick, Legal Intern QUESTION: May the […]

Jere Tolton, Representative, 6th District, Fort Walton Beach Attorney General of Florida — Opinion March 11, 1975 RE: TORT CLAIMS ACT PAYMENT OF CLAIMS — LIMITATIONS ON PAYMENTS Tort claims act Robert L. Shevin, Attorney General Prepared by: Jerry E. Oxner, Chief Trial Counsel, and Linda T. Daniel, Research Assistant QUESTION: Who is responsible for […]

Don J. Caton, City Attorney, Pensacola Attorney General of Florida — Opinion February 6, 1974 RE: MUNICIPAL HOME RULE POWERS ACT — QUALIFICATION FOR MUNICIPAL OFFICE — FORFEITURE — AMENDMENT OF QUALIFICATIONS BY ORDINANCE Municipal home rule powers act Robert L. Shevin, Attorney General Prepared by: Jan Dunn, Assistant Attorney General QUESTIONS: 1. Is the […]

The Honorable James B. Jett Attorney General of Florida — Opinion April 30, 1999 RE: PUBLIC FACILITIES — LEASES — COUNTIES — CAPITAL IMPROVEMENTS — authority of county to make capital improvements to property leased by the county for public services. s. 212.055(2)(d)2, Fla. Stat. (1998 Supp.) Capital improvements to property leased by county Robert […]

Mr. Robert L. Nabors Attorney General of Florida — Opinion May 11, 1990 RE: SOLID WASTE COLLECTION — SPECIAL ASSESSMENTS — COUNTIES — NON-AD VOLOREM ASSESSMENTS — solid waste assessment meeting test of special assessment may be collected as a non-ad valorem assessment under s. 197.3632, F.S. Special assessment for solid waste collection Robert A. […]

Ernest Ellison Attorney General of Florida — Opinion March 15, 1978 Service on incompetent person Robert L. Shevin, Attorney General Prepared by: Harold F. X. Purnell, Assistant Attorney General Ernest Ellison Auditor General Tallahassee QUESTIONS: 1. When a sheriff is requested to make proper service as to a party defendant who is an incompetent and […]

Douglas Stowell, Secretary, Department of Professional and Occupational Regulation, Tallahassee Attorney General of Florida — Opinion March 18, 1975 RE: REGULATION OF PROFESSIONS FILLING VACANCY IN CHAIRMANSHIP OF REGULATORY BOARD Filling vacancy in chairmanship of regulatory board Robert L. Shevin, Attorney General Prepared by: Robert Woolfork, Assistant Attorney General QUESTIONS: 1. Does the vice chairman […]

J. Ed Straughn, Executive Director, Department of Revenue, Tallahassee Attorney General of Florida — Opinion August 11, 1976 RE: FINANCIAL MATTERS DISHONORED CHECKS OR DRAFTS GIVEN TO STATE — IMPOSITION OF SERVICE CHARGE BY LOCAL OFFICIAL OR AGENCY ACTING AS STATE’S AGENT — PROCEEDINGS TO COLLECT UNDER s. 832.07, F. S. Dishonored checks given to […]

Mr. John A. Madigan, Jr. Attorney General of Florida — Opinion September 23, 1982 Authority of sheriff to invest funds Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. John A. Madigan, Jr. General Counsel Florida Sheriffs Association Post Office Box 669 Tallahassee, Florida 32302 Dear Mr. Madigan: This is in response […]

F. E. Steinmeyer III, Leon County Attorney, Tallahassee Attorney General of Florida — Opinion May 23, 1974 RE: COUNTY EMPLOYEES LEAVE OF ABSENCE TO RUN FOR ELECTIVE OFFICE Leave of absence to run for elective office Robert L. Shevin, Attorney General Prepared by: Michael Parrish, Assistant Attorney General QUESTIONS: 1. Does the present leave policy […]

The Honorable Mary Anne Morse Attorney General of Florida — Opinion October 27, 1998 RE: OFFICIAL RECORDS — PUBLIC RECORDS — CLERK OF CIRCUIT COURT — VITAL STATISTICS — MARRIAGE RECORDS — authority of clerk to record portion of marriage record in Official Records. ss. 28.001, 28.222, 119.07, 741.09, and 839.13, Fla. Stat. Official Records, […]

G. R. McClelland Attorney General of Florida — Opinion December 23, 1980 Occupational tax for mobile home dealer; authority Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General G. R. McClelland City Attorney Largo QUESTIONS: 1. Does s. 205.193, F. S., preclude the City of Largo from levying and collecting an occupational […]

Sam D. Martin, Acting Chief of Police, Hollywood Attorney General of Florida — Opinion August 8, 1974 RE: MUNICIPALITIES MAY ENACT ORDINANCE INCORPORATING STATE CRIMINAL STATUTES BY REFERENCE Ordinance incorporating state statute Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: May the City of Hollywood enact an ordinance incorporating […]

John L. Ryals, Representative, 63rd District, Brandon Attorney General of Florida — Opinion February 19, 1975 RE: DEPARTMENT OF BUSINESS REGULATION POWERS AND DUTIES OF GENERAL COUNSEL; APPOINTMENT OF DIVISION DIRECTORS Powers and duties of general counsel Robert L. Shevin, Attorney General Prepared by: James D. Whisenand, Assistant Attorney General QUESTIONS: 1. Is the general […]

Mr. Robert Burgess, CFA and Mr. Thomas V. Dannheisser Attorney General of Florida — Opinion November 20, 1990 RE: TAXATION — AD VALOREM TAXATION — ECONOMIC DEVELOPMENT TAXATION — applicability of economic development ad valorem tax exemption to personal property. Economic development ad valorem tax exemption Robert A. Butterworth Attorney General Mr. Robert Burgess, CFA […]

The Honorable Charles Owen Attorney General of Florida — Opinion September 11, 1990 RE: COUNTIES — MUNICIPAL SERVICE BENEFIT UNITS — SPECIAL ASSESSMENTS — municipal service benefit unit may impose nonuniform special assessments without referendum. s. 125.01(1)(q) and (r), F.S.; s. 9(b), Art. VII, State Const. Municipal service benefit unit, nonuniform assessments Robert A. Butterworth […]

Mr. Randy Miller Attorney General of Florida — Opinion December 3, 1987 Green fees as taxable fee Robert A. Butterworth Attorney General Mr. Randy Miller Executive Director Department of Revenue Carlton Building Tallahassee, Florida 32399-0100 Dear Mr. Miller: This is in response to your request for my opinion on the following question: ARE GREENS FEES […]

Mr. David C. Nolte Indian River County Property Appraiser Attorney General of Florida — Opinion June 2, 1994 RE: TAXATION — PROPERTY APPRAISER — HOMESTEAD EXEMPTION — AD VALOREM TAXATION — TRUSTS — beneficiary of personal residence trust does not qualify for homestead exemption. ss. 196.031 and 196.041, Fla. Stat. (1993), and Art. VII, s. […]

Chief C.E. Sharrett, Jr. City of Plantation Attorney General of Florida — Opinion April 25, 1995 RE: MUNICIPALITIES — CONTRABAND FORFEITURE — LAW ENFORCEMENT — special law enforcement trust funds may not be used to pay salaries of police officers in narcotics division who are carrying out their normal law enforcement duties. s. 932.7055, Fla. […]