Category: Florida Attorney General Opinions

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. Joel R. Tew Attorney General of Florida — Opinion February 28, 2001 RE: MUNICIPALITIES — SEXUAL PREDATOR — requirements for community notification of presence of sexual predator. s. 775.21(7), Fla. Stat. Community notification of sexual predators Robert A. Butterworth Attorney General Mr. Joel R. Tew Attorney for Town of Belleair Post Office Box 5124 […]

John Harllee, Representative, 72nd District, Bradenton Attorney General of Florida — Opinion October 4, 1974 RE: SPECIAL DISTRICTS PURCHASE OF LIFE AND HEALTH INSURANCE FOR EMPLOYEES Life and health insurance for employees Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: Is the Board of Commissioners of the Cedar Hammock […]

Mr. Roger Stokley Attorney General of Florida — Opinion July 31, 1985 Retroactive pay increase for teachers Jim Smith Attorney General Mr. Roger Stokley Superintendent of Schools Wakulla County School Board Post Office Box 100 Crawfordville, Florida 32327 Dear Mr. Stokley: This is in response to your request for an opinion on substantially the following […]

Gordon Oldham, State Attorney, Ocala Attorney General of Florida — Opinion August 10, 1976 RE: PUBLIC RECORDS LAW MATERIALS GATHERED BY STATE ATTORNEY’S INVESTIGATION — WHEN EXEMPT State attorney’s investigation an public records law Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General, and Patricia R. Gleason, Legal Research Assistant QUESTIONS: […]

Mr. Bruce A. Harris Attorney General of Florida — Opinion February 2, 2001 RE: SCHOOLS — EXPULSIONS — ADMINISTRATIVE HEARINGS — qualified individual may conduct expulsion hearings pursuant to ss. 120.57(2) and 120.569(1), Fla. Stat., providing for both formal and informal proceedings; school board must make ultimate expulsion decision. ss. 230.23, 230.33, 232.26, 120.569, and […]

J. Ed Straughn, Executive Director, Department of Revenue, Tallahassee Attorney General of Florida — Opinion March 26, 1974 RE: TAXATION — ESTATE TAXES — RECEIPTS FOR TAXES PAID Estate taxes and receipts for taxes paid Robert L. Shevin, Attorney General Prepared by: E. Wilson Crump, II, Assistant Attorney General QUESTION: Does s. 198.19, F.S., require […]

Mr. Bruce R. Conroy Cape Coral City Attorney Attorney General of Florida — Opinion September 28, 1994 RE: RECORDS — MUNICIPALITIES — PUBLIC OFFICERS AND EMPLOYEES — printout of county employee medical claims for preceding month containing employees’ names, claim amounts, and some account information, exempt from disclosure. s. 112.08(7), 119.07, Fla. Stat. Printout of […]

Reubin O’D. Askew, Governor, Tallahassee Attorney General of Florida — Opinion June 2, 1976 RE: SUPERVISOR OF ELECTIONS FEES FOR VERIFYING NAMES ON PETITION TO PLACE CONSTITUTIONAL AMENDMENT ON BALLOT Fees and and verifying names on petition Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: What is the authorized […]

Mr. Thomas W. Brown Suwannee Attorney General of Florida — Opinion April 7, 1994 RE: SUWANNEE RIVER WATER MANAGEMENT DISTRICT — TAXATION — TAX COLLECTORS — tax collector’s commission for collecting district and basin taxes for water management district same as for collection of county taxes. Sections 192.091(2)(a), 373.0697, and 373.503, Fla. Stat. (1993). Commission […]

Bill Fulford, Representative, 40th District, Orlando Attorney General of Florida — Opinion April 26, 1974 RE: TAXATION — ANNUAL TAX FOR RECREATIONAL VEHICLES Annual tax for recreational vehicles Robert L. Shevin, Attorney General Prepared by: Winifred L. Wentworth, Assistant Attorney General, and David M. Hudson, Legal Intern QUESTIONS: 1. Do you interpret the legislative intent […]

Mr. Frank A. Baker Attorney General of Florida — Opinion August 5, 1997 RE: COUNTIES — REAL PROPERTY — SPECIAL ASSESSMENTS — sale of county property; collection of special assessments by imposition of lien. s. 197.502 (1996 Supp.); s. 125.35, Fla. Stat. Sale of county property; special assessments collection Robert A. Butterworth Attorney General Mr. […]

Mr. Albert C. Galloway, Jr. Special Counsel Attorney General of Florida — Opinion January 6, 2003 RE: MUNICIPALITIES — PUBLIC MEETINGS — INTERLOCAL AGREEMENTS — city may not use interlocal agreement to hold city commission meetings outside jurisdiction. ss. 163.01 and 166.021, Fla. Stat. City commission meetings held outside jurisdiction Richard E. Doran Attorney General […]

Ms. Phyllis O. Douglas Attorney General of Florida — Opinion March 31, 1997 RE: SCHOOL BOARDS — PUBLIC EMPLOYEES — COMPENSATION — PUBLIC FUNDS — use of professional transition leave or lump-sum payment for resignation or early retirement. ss. 230.032 and 215.425, Fla. Stat. Robert A. Butterworth Attorney General Ms. Phyllis O. Douglas Attorney for […]

Dale Small, Hendry County Tax Assessor, LaBelle Attorney General of Florida — Opinion November 1, 1974 RE: TAXATION ASSESSMENT — PRIVATE ROADS, OPEN SPACES, AND GREEN AREAS Tax assessment of private roads and open spaces Robert L. Shevin, Attorney General Prepared by: Sydney H. McKenzie III, Assistant Attorney General QUESTIONS: 1. Can private roads be […]

The Honorable Norman R. Wolfinger Attorney General of Florida — Opinion April 12, 1999 RE: GRAND JURY — COUNTIES — holding grand jury at locations other than at county seat. Grand jury held at location other than county seat Robert A. Butterworth Attorney General The Honorable Norman R. Wolfinger State Attorney Eighteenth Judicial Circuit 2725 […]

Mr. Robert M. Carr City Attorney Attorney General of Florida — Opinion March 26, 1985 Dual officeholding, mayor Jim Smith Attorney General Mr. Robert M. Carr City Attorney City of Port Orange 125 N. Ridgewood Avenue Post Office Drawer 2140 Daytona Beach, Florida 32015 Dear Mr. Carr: This is in response to your request for […]

Mr. Stephen W. Johnson Attorney General of Florida — Opinion October 1, 1998 RE: GOVERNMENT IN THE SUNSHINE — MUNICIPALITIES — ELECTIONS — CANDIDATES — unopposed candidate not treated as member-elect for purposes of Sunshine Law. s. 286.011, Fla. Stat. Sunshine Law — unopposed candidate Robert A. Butterworth Attorney General Mr. Stephen W. Johnson Leesburg […]

Mr. Marion J. Radson Attorney General of Florida — Opinion October 27, 2000 RE: MUNICIPALITIES — OCCUPATIONAL LICENSE TAXES — ORDINANCES — decreasing occupational license taxes. ss. 205.0315, 205.043, and 205.0535, Fla. Stat. Municipal occupational license taxes, decreasing tax Robert A. Butterworth Attorney General Mr. Marion J. Radson Gainesville City Attorney 200 East University Avenue, […]

The Honorable Marvin W. Henry Attorney General of Florida — Opinion December 1, 1986 Payment to county attorney ineligible for retirement Jim Smith Attorney General The Honorable Marvin W. Henry Chairman Board of County Commissioners Flagler County Post Office Drawer 787 Bunnell, Florida 32010 Dear Chairman Henry: This is in response to your request for […]

Dorothy W. Glisson Attorney General of Florida — Opinion February 3, 1978 English competency test, nursing Robert L. Shevin, Attorney General Prepared by: Charles S. Ruberg, Assistant Attorney General Dorothy W. Glisson Secretary Department of Professional and Occupational Regulation Tallahassee QUESTIONS: 1. Does the Board of Nursing have authority to administer an English competency examination […]

Mr. Peter Gianino Chair Attorney General of Florida — Opinion May 13, 2003 RE: TRANSPORTATION DISADVANTAGED, COMMISSION ON — TRANSPORTATION — SOVEREIGN IMMUNITY — applicability of waiver of immunity statute to community transportation coordinators and subcontractors; participation of community transportation coordinators and subcontractors in limited governmental liability pool. ss. 768.28, 163.01, Fla. Stat. Community transportation […]

Tom B. Webb, Jr., Secretary, Department of Transportation, Tallahassee Attorney General of Florida — Opinion April 8, 1976 RE: DEPARTMENT OF TRANSPORTATION AUTHORITY TO IMPLEMENT AFFIRMATIVE ACTION IN HIGHWAY CONSTRUCTION CONTRACTING PROCESS Affirmative action and contracts Robert L. Shevin, Attorney General Prepared by: Martin S. Friedman, Assistant Attorney General QUESTIONS: 1. May the Department of […]

Mr. Andrew S. Maurodis Deerfield Beach City Attorney Attorney General of Florida — Opinion April 2, 1996 RE: LEGAL NOTICE — NEWSPAPERS — MUNICIPALITIES — joint publication in two newspapers that do not independently satisfy the publication requirements in s. 50.011, Fla. Stat., does not satisfy statutory notice. ss. 50.011 and 166.041, Fla. Stat. Legal […]

Mr. Daniel J. Bosanko St. Johns County Assistant Attorney Attorney General of Florida — Opinion October 2, 1996 RE: COUNTIES — CHARTERS — BUDGETS — authority of county commission to control expenditures of charter commission. Part II, Ch. 125; s. 125.62; Ch. 129; 129.08, Fla. Stat. County commission’s control over charter commission Robert A. Butterworth […]

Assistant County Attorney Attorney General of Florida — Opinion July 2, 1974 RE: STANDARDS OF CONDUCT LAW ACCEPTANCE OF REFERRAL FEE BY ASSISTANT COUNTY ATTORNEY Acceptance of referral fee by assistant county attorney Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: Is a conflict of interest created if an […]

Ernest Ellison, Auditor General, Tallahassee Attorney General of Florida — Opinion November 15, 1976 RE: STATE FUNDS CHARGING OFF, COLLECTING, AND SETTLING ACCOUNTS DUE THE STATE — PROCEDURES Settling acounts due the state Robert L. Shevin, Attorney General Prepared by: Larry Levy, Assistant Attorney General QUESTIONS: 1. Does the “charge off” by a state agency […]

Mr. Chris Meffert Attorney General of Florida — Opinion August 17, 1999 RE: BOXING COMMISSION — BUSINESS AND PROFESSIONAL REGULATION, DEPT. OF — nomination of officials for licensure by promoter or sanctioning organization. s. 548.057, Fla. Stat. Boxing Commission, nomination of officials Robert A. Butterworth Attorney General Mr. Chris Meffert Interim Executive Director Department of […]

Dr. William B. Stone Chairman Attorney General of Florida — Opinion November 3, 2003 RE: SPECIAL DISTRICTS — CONSERVATION DISTRICT — SOVEREIGN IMMUNITY — conservation district created by special act is subject to limitations of waiver of immunity statute; applicability of waiver of immunity statute to independent contractor of district dependent on degree of control […]

Mr. John Shaw Attorney General of Florida — Opinion June 18, 1981 Ad valorem tax exemptions Jim Smith, Attorney General Prepared by: Barbara Staros Harmon, Assistant Attorney General Mr. John Shaw Curry County Attorney, Board of County Commissioners of Gadsden County QUESTIONS: 1. When granting an economic development ad valorem tax exemption pursuant to s. […]

Charles H. Spooner City Attorney Coral Gables Attorney General of Florida — Opinion December 29, 1977 Sunshine Law, attending meeting of subordinate board Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: May two members of a 5-man city commission attend a public meeting of one of its recommending boards and subsequently vote at a […]

William A. Troelstrup Commissioner Department of Criminal Law Enforcement Tallahassee Attorney General of Florida — Opinion November 30, 1977 Sunshine law, arrest records Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith Assistant Attorney General QUESTIONS: 1. Is Ch. 119, F. S., the Public Records Law, applicable to the criminal history records (rap sheets) […]

George S. Palmer, M. D. Attorney General of Florida — Opinion August 16, 1978 Public records, patient files Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General George S. Palmer, M. D. Executive Director Board of Medical Examiners Tallahassee QUESTION: May the Board of Medical Examiners release to the Monroe County […]

John J. Blair, State Attorney, Sarasota Attorney General of Florida — Opinion January 29, 1976 RE: TRAFFIC INFRACTIONS SUFFICIENCY OF DETAINER FOR GIVING CHEMICAL TEST FOR INTOXICATION; WHEN MANDATORY HEARING REQUIRED Chemical test for intoxication Robert L. Shevin, Attorney General Prepared by: A. S. Johnston, Assistant Attorney General QUESTIONS: 1. Does detainer of a motorist […]

Robert E. Mathews, Jr. Attorney General of Florida — Opinion January 10, 1978 Hospital board, voting requirement Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General Robert E. Mathews, Jr. Attorney for Southwestern Palm Beach County Public Hospital Board Belle Glade QUESTION: Does s. 286.012, F. S., require the chairmen of […]

William H. Ravenell, Secretary, Department of Community Affairs, Tallahassee Attorney General of Florida — Opinion May 28, 1975 RE: FIRE FIGHTERS STANDARDS COUNCIL LIABILITY FOR INJURY TO, OR DEATH OF, TRAINEE; REQUIRED TO ISSUE CERTIFICATE TO STUDENT COMPLYING WITH MINIMUM STANDARDS Fire fighters standards council Robert L. Shevin, Attorney General Prepared by: Charles R. Ranson, […]

Ms. Margaret T. Roberts Attorney General of Florida — Opinion March 20, 2001 RE: GOVERNMENT IN THE SUNSHINE LAW — MUNICIPALITIES — E-MAIL — COMPUTERS — PUBLIC RECORDS — e-mail communication as public record and as meeting under sunshine law. Ch. 119, Fla. Stat.; s. 286.011, Fla. Stat. E-mail as a public record and as […]

Mr. A. Kurt Ardaman Attorney General of Florida — Opinion February 26, 2008 RE: PUBLIC RECORDS — GOVERNMENT IN THE SUNSHINE — MUNICIPALITIES — COMPUTERS — WEBSITES — application of Sunshine Law and Public Records Law to city council members posting comments on website operated by a council member. ss. 119.01, 119.011, and 286.011, Fla. […]

R. William Rutter, Jr., Acting Palm Beach County Attorney, West Palm Beach Attorney General of Florida — Opinion April 14, 1975 RE: PUBLIC SCHOOL BUILDINGS INAPPLICABILITY OF LOCAL BUILDING CODES Public schools and building codes Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: To what extent does state law […]

The Honorable Doyle R. Hilton Attorney General of Florida — Opinion August 24, 1990 Re: TAX COLLECTORS — TAXATION — TENANCY IN COMMON — tax collector may not accept partial payment from tenants in common; liability created is joint and severable. ss. 197.373 and 194.171(3), F.S. Tax collector/partial payment from tenants in common Robert A. […]

Harry L. Coe, Jr. Executive Director Department of Revenue Tallahassee Attorney General of Florida — Opinion June 29, 1977 Charitable purposes Robert L. Shevin, Attorney General Prepared by: Joseph C. Mellichamp III Assistant Attorney General QUESTION: What is the legal effect of the amendment of `charitable purposes’ in s. 196.012(6), F. S., by Ch. 76-234, […]

George T. Dunlap III Attorney General of Florida — Opinion August 15, 1978 Municipalities, purchasing authority Robert L. Shevin, Attorney General Prepared by: Dennis J. Wall, Assistant Attorney General George T. Dunlap III City Attorney Bartow QUESTION: Does s. 27.34(1), F. S., prohibit the expenditure of municipal funds for the purchase of `complaint affidavits’ which […]

Mr. Scott L. Knox Attorney General of Florida — Opinion June 16, 1983 Official headquarters of commissioners Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. Scott L. Knox County Attorney Pasco County 4025 Moon Lake Road New Port Richey, Florida 33552 Dear Mr. Knox: This is in response to your request […]

Howard W. Gill, Okaloosa County Court Judge, Ft. Walton Beach Attorney General of Florida — Opinion October 14, 1975 RE: JUDICIARY COUNTY COURT JUDGE WHO WAS JUSTICE OF THE PEACE ON JULY 1, 1957, MAY SEEK REELECTION EVEN THOUGH HE WILL REACH AGE 70 BEFORE HALF HIS TERM IS SERVED Age limit and county court […]

William G. Zinkil, Sr., Senator, 32nd District, Hollywood Attorney General of Florida — Opinion February 17, 1975 RE: RESIGN-TO-RUN LAW RESIGNING OFFICER MAY BE APPOINTED TO OFFICE FROM WHICH HE RESIGNS Resign to run law and appointment Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: Is a municipal officer […]

Mr. John K. McPherson. Attorney General of Florida — Opinion June 15, 2009 RE: COUNTIES — CITATIONS — MISDEMEANORS — ORDINANCES — authority of county to adopt ordinance making it a misdemeanor to fail to timely pay a civil penalty. Art. I, s. 18, Fla. Const.; s. 828.27, Fla. Stat.; Part II, Ch. 162, Fla. […]

Mr. Leonard R. Mellon Attorney General of Florida — Opinion July 31, 1985 Requirements for towing service Jim Smith Attorney General Mr. Leonard R. Mellon Executive Director Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32301 Dear Mr. Mellon: This is in response to your request for an Attorney General’s Opinion […]

Guy Spicola Chairman Senate Committee on Natural Resources and Conservation Tallahassee Attorney General of Florida — Opinion May 16, 1977 Reedy Creek Improvement District Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: What is the effect of Ch. 380, F. S., relating to developments of regional impact, on Reedy Creek Improvement District? SUMMARY: Absent […]

Jack D. Kane, Executive Director, Department of General Services, Tallahassee Attorney General of Florida — Opinion April 8, 1976 RE: DEPARTMENT OF GENERAL SERVICES SHOULD NOT CHARGE FEE FOR SUPERVISING CONSTRUCTION OF TALLAHASSEE-LEON COUNTY CIVIC CENTER Agency fee for supervising construction Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: […]

Bill Walker School Board Attorney Attorney General of Florida — Opinion July 1, 1991 School Board Meetings / Sunshine Law Robert A. Butterworth Attorney General Bill Walker School Board Attorney School Board of Brevard County QUESTION: Are meetings of a district school board at which confidential material is discussed, such as student expulsion hearings conducted […]

Mr. M. A. Galbraith, Jr. Attorney General of Florida — Opinion May 29, 1981 Sunshine law; news reporters Jim Smith, Attorney General Prepared by: Linda Lettera, Assistant Attorney General Mr. M. A. Galbraith, Jr. City Attorney City of Boca Raton QUESTIONS: 1. Is it a violation of the Government in the Sunshine Law for a […]

Mitchell A. Newberger, United States Marshal, Middle District of Florida, Tampa Attorney General of Florida — Opinion December 4, 1974 RE: DRUG TREATMENT RECORDS CONFIDENTIALITY THEREOF Confidentiality and drug treatment records Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General QUESTION: Does the Comprehensive Alcohol and Narcotic Rehabilitation Act, or any […]

Mr. Frank J. Griffith, Jr. County Attorney Attorney General of Florida — Opinion August 1, 1985 Alternative procedures for electing commissioners Jim Smith Attorney General Mr. Frank J. Griffith, Jr. County Attorney Brevard County Post Office Box 37 Titusville, Florida 32781-0037 Dear Mr. Griffith: This is in response to your request for an opinion on […]

Ralph Miles City Attorney Hialeah Attorney General of Florida — Opinion July 15, 1977 Municipalities, collective bargaining, authorized items Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: May a municipality bargain and negotiate with its employees to provide and pay out of municipal funds all or part of the premiums for health and hospitalization […]

Mr. J. T. Frankenberger City Attorney Attorney General of Florida — Opinion February 13, 1985 Creation of special district Jim Smith Attorney General Mr. J. T. Frankenberger City Attorney City of Gainesville 313 E. University Avenue Post Office Box 490 Gainesville, Florida 32602 Dear Mr. Frankenberger: This is in response to your request for an […]

Mr. Paul R. Green. Attorney General of Florida — Opinion November 24, 2009 RE: SCHOOL DISTRICTS — INSURANCE — WORKERS’ COMPENSATION — payment of insurance premiums by school districts. ss. 624.605, 627.403, and 1011.71, Fla. Stat. Mr. Paul R. Green Johnson Green, P.A. Post Office Box 605 Milton, Florida 32572 Bill McCollum, Attorney General Dear […]

Honorable Mary Figg Representative Attorney General of Florida — Opinion August 3, 1992 Public meetings Robert A. Butterworth Attorney General Honorable Mary Figg Representative QUESTION: 1. Does s. 119.16, F.S., allow the governing board of a public hospital to close a meeting at which the public hospital’s budget is discussed, if the claim is made […]

L. K. Ireland, Jr., Secretary, Department of Administration, Tallahassee Attorney General of Florida — Opinion February 21, 1974 RE: PUBLIC EMPLOYEES’ RETIREMENT — CREDIT FOR CIVILIAN FEDERAL WARTIME SERVICE Credit for civilian federal wartime service Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General, and Gerald L. Knight, Legal Research Assistant […]

The Honorable H. Lee Moffitt Attorney General of Florida — Opinion September 27, 1983 Single subject requirement Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General The Honorable H. Lee Moffitt Speaker of the Florida House of Representatives Office of the Speaker Tallahassee, Florida 32301 Dear Representative Moffitt: This is in response to […]

Ms. Katie D. Tucker Attorney General of Florida — Opinion December 30, 1988 Ad valorem tax exemptions for widowers Robert A. Butterworth Attorney General Ms. Katie D. Tucker Executive Director Department of Revenue 102 Carlton Building Tallahassee, Florida 32399-0100 Dear Ms. Tucker: You ask substantially the following question: Are property appraisers authorized to grant ad […]

Betty H. Baggett Director Volusia County Fair Association DeLand Attorney General of Florida — Opinion March 2, 1977 Authority to restrict solicitation of funds Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason and Sharyn L. Smith Assistant Attorneys General QUESTIONS: 1. May the Volusia County Fair Association [hereafter Association] refuse to rent a […]

J. H. Roberts, Jr. City Attorney Lakeland Attorney General of Florida — Opinion December 30, 1977 Sunshine Law, tape recording meetings Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith Assistant Attorney General QUESTION: Is there a violation of the Sunshine Law under the facts described hereinbelow? SUMMARY: It is not a violation of […]

Ms. Karen O. Gaffney and Mr. Robert Bruce Snow Attorney General of Florida — Opinion April 8, 1998 Re: SCHOOLS — COUNTIES — TAXATION — ELECTION — setting date of school sales surtax referendum. s. 212.055(7), Fla. Stat. School sale surtax referendum, authority to set date Robert A. Butterworth Attorney General Ms. Karen O. Gaffney […]

Elton J. Gissendanner Attorney General of Florida — Opinion May 15, 1980 Suwanee river authority; local government Jim Smith, Attorney General Prepared by: Donald D. Conn, Assistant Attorney General Elton J. Gissendanner Executive Director, Department of Natural Resources Tallahassee QUESTION: Is the Suwannee River Authority a unit of local government within the purview of ch. […]

The Honorable Roy Raymond Attorney General of Florida — Opinion July 12, 2005 RE: FIREARMS AND WEAPONS — COUNTIES — SHERIFFS — no authority for county to enact ordinance prohibiting discharge of firearms. s. 790.33, Fla. Stat. County ordinance re discharge of firearms Charlie Crist, Attorney General The Honorable Roy Raymond Sheriff, Indian River County […]

Mr. James C. Crosland City Attorney, Attorney General of Florida — Opinion January 26, 1993 RE: FIREFIGHTERS — MUNICIPALITIES — COUNTIES — VOLUNTEERS — full time firefighter employed by governmental entity does not lose statutory presumption if also working as a volunteer firefighter. s. 112.18, 112.191, F.S. Full time firefighter employed by governmental entity Robert […]

Bob Graham Attorney General of Florida — Opinion April 3, 1980 Commission on Hispanic affairs; state agency Jim Smith, Attorney General Prepared by: Craig B. Willis, Assistant Attorney General Bob Graham Governor Nevin Smith Secretary of Administration Department of Administration Tallahassee QUESTIONS: 1. For what purpose is the Florida State Commission on Hispanic Affairs a […]

Glenn Theobald. Attorney General of Florida — Opinion. August 3, 2006 RE: LAW ENFORCEMENT OFFICERS’ BILL OF RIGHTS — LAW ENFORCEMENT OFFICERS — MUNICIPALITIES — Part VI, Ch. 112, Fla. Stat., provides exclusive manner for employing agency to investigate complaints filed with the employing agency against law enforcement officers. ss. 112.532 and 112.533, Fla. Stat. […]

William A. Troelstrup Commissioner Department of Criminal Law Enforcement Tallahassee Attorney General of Florida — Opinion September 21, 1977 Sovereign immunity, judgment, payment Robert L. Shevin, Attorney General Prepared by: Martin S. Friedman Assistant Attorney General QUESTIONS: 1. Assuming funds are available in the Department of Criminal Law Enforcement budget and in light of s. […]

The Honorable Guy L. Carlton Collier County Tax Collector Attorney General of Florida — Opinion December 19, 1991 Tax collector, employee drug testing Robert A. Butterworth Attorney General The Honorable Guy L. Carlton Collier County Tax Collector QUESTION: Is the Collier County Tax Collector authorized to implement a policy of random drug testing for his […]

Ernest Ellison Auditor General Tallahassee Attorney General of Florida — Opinion December 12, 1979 Surplus second gas tax funds, authorized use Maxie Broome, Jr., and Cecil L. Davis, Jr. Assistant Attorneys General Ernest Ellison Auditor General Tallahassee QUESTIONS: 1. With reference to the 80 percent and the 20 percent portions of the surplus second gas […]

J. H. “Jim” Williams, Secretary of Administration, Tallahassee Attorney General of Florida — Opinion January 23, 1975 RE: COURT COSTS ASSESSMENT OF $1 LAW ENFORCEMENT OFFICER TRAINING FEE ON CONVICTION OF “DECRIMINALIZED” TRAFFIC OFFENSE Law enforcement training fee and traffic offense Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: […]

J. T. Lawhorne, Charlotte County Clerk, Punta Gorda Attorney General of Florida — Opinion January 24, 1975 RE: PUBLIC EMPLOYEES’ TRAVEL PERSONAL LONG DISTANCE TELEPHONE CALL NOT REIMBURSABLE Personal long distance call Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: Is a personal long distance telephone call to a […]

Mr. Fred O. Dickinson, Jr. Attorney General of Florida — Opinion January 10, 1997 RE: HIGHWAY PATROL — HIGHWAY SAFETY AND MOTOR VEHICLES, DEPARTMENT OF — LAW ENFORCEMENT OFFICERS — PUBLIC FUNDS — department may administer private sector employment program for off-duty officers. ss. 321.02, 321.05 and 321.06, Fla. Stat. Highway Patrol, off-duty officers’ employment […]

Jane W. Robinson Director Division of Consumer Services Department of Agriculture and Consumer Services Tallahassee Attorney General of Florida — Opinion March 28, 1977 Home solicitation sales, telephone Robert L. Shevin, Attorney General Prepared by: Bernard S. McLendon Assistant Attorney General Laura Bamond Legal Intern QUESTION: Do `telephone solicitations’ made by business concerns qualify as […]

Melvin G. Colman, Orange County Sheriff, Orlando Attorney General of Florida — Opinion December 23, 1974 RE: SHERIFFS MAY ASSIGN VEHICLES TO PERSONNEL FOR USE BOTH ON AND OFF DUTY Use of vehicles off duty Robert L. Shevin, Attorney General Prepared by: Zollie M. Maynard, Jr., Assistant Attorney General QUESTION: May a county sheriff’s department […]

Mr. Layon F. Robinson, II Attorney General of Florida — Opinion March 6, 1984 Anti-nepotism law and volunteer firefighter Jim Smith Attorney General Mr. Layon F. Robinson, II Attorney Samoset Board of Fire Commissioners 442 Old Main Street Bradenton, Florida 33505 Dear Mr. Robinson: This is in response to your request for an opinion on […]

Mr. Jimmy Crawford. Attorney General of Florida — Opinion. May 2, 2007 RE: SPECIAL DISTRICTS-PUBLIC FUNDS-WATER DISTRICT-authorized expenditure of funds by Lake County Water Authority. Ch. 05-314, Laws of Fla. Mr. Jimmy Crawford Attorney, Lake County Water Authority Post Office Box 120848 Clermont, Florida 34712-0848 Bill McCollum, Attorney General Dear Mr. Crawford: On behalf of […]

The Honorable Curtis A. Golden Attorney General of Florida — Opinion April 25, 1990 RE: HOME SOLICITATION ACT — CONSUMER PROTECTION — home solicitation sale of book and magazine subscriptions exempted from the permit requirements when order paid in full at the time of sale for future delivery and sale conducted by verbal presentation and […]

Mr. Ernest Ellison Attorney General of Florida — Opinion August 9, 1983 Minimum number of classroom hours required Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Ernest Ellison Auditor General State of Florida Post Office Box 1735 Tallahassee, Florida 32302 Dear Mr. Ellison: This is in response to your request for […]

Charles L. Nergard, Representative, 76th District, Fort Pierce Attorney General of Florida — Opinion April 18, 1974 RE: TAXATION — MUNICIPALITIES — TAX LEVY FOR YEAR OF INCORPORATION Municipalities and taxation for year of incorporation Robert L. Shevin, Attorney General Prepared by: Stephen E. Mitchell, Assistant Attorney General QUESTION: Can a new municipality, if approved […]

Mr. Randy Ludacer Monroe County Attorney Attorney General of Florida — Opinion March 25, 1993 RE: COUNTIES — SECOND GAS TAX — TAXATION — ROADS — CONSTITUTIONAL GAS TAX: authority of county to use portion of constitutional gas tax for routine maintenance of county roads. s. 9(5), Art. XII, State Const. ss. 334.03(7), F.S. Authority […]

Mike Evans Economic Developer Attorney General of Florida — Opinion May 14, 1992 Contract w/ private corp. for the lease of facilities Robert A. Butterworth Attorney General Mike Evans Economic Developer Taylor County Development Authority QUESTION: Does the Taylor County Development Authority have the authority to contract with a private corporation for the lease of […]

Eugene Whitworth State Attorney Attorney General of Florida — Opinion April 3, 1979 Handicapped parking, unauthorized vehicles removal Joseph W. Lawrence II Assistant Attorney General Eugene Whitworth State Attorney Gainesville QUESTION: Pursuant to s. 316.1955(6), F. S., is a law enforcement officer required to have a vehicle removed and charge the owner or operator, or […]

The Honorable Charles E. Burton Chair, Attorney General of Florida — Opinion November 14, 2000 Manual recount of ballots, error in voter tabulation Robert A. Butterworth Attorney General5 The Honorable Charles E. Burton Chair, Palm Beach County Canvassing Board County Courthouse West Palm Beach, Florida 33401 Dear Judge Burton: On behalf of the Palm Beach […]

Mr. Daniel A. Moriarty City Attorney Attorney General of Florida — Opinion August 24, 1984 Concurrent jurisdiction to enforce traffic laws Jim Smith Attorney General Mr. Daniel A. Moriarty City Attorney City of Bushnell 321 N. Market Street Post Office Box 699 Bushnell, Florida 33513 Dear Mr. Moriarty: This is in response to your request […]

Mr. Frank R. Stankunas Attorney General of Florida — Opinion October 11, 1984 Authority of school board to donate money Jim Smith Attorney General Mr. Frank R. Stankunas Superintendent Suwannee County School Board 224 West Parshley Street Live Oak, Florida 32060 Dear Mr. Stankunas: This is in response to the request for an opinion submitted […]

Mr. Dennis E. Lyles City Attorney Attorney General of Florida — Opinion June 6, 1989 Enforcement of anti-cruising statute Robert A. Butterworth Attorney General Mr. Dennis E. Lyles City Attorney City of Fort Lauderdale Post Office Drawer 14250 Fort Lauderdale, Florida 33302 Dear Mr. Lyles: You have asked substantially the following question: May a municipality […]

Ms. Lori Steltzer Venice City Clerk Attorney General of Florida — Opinion October 30, 1996 RE: MUNICIPALITIES — OCCUPATIONAL LICENSES — SOCIAL SECURITY — municipality may require applicant for occupational license to furnish Social Security number for identification purposes. s. 205.0535, Fla. Stat. Social Security number needed for occupational license Robert A. Butterworth Attorney General […]

Gerald A. Lewis, Comptroller, Tallahassee Attorney General of Florida — Opinion November 25, 1975 RE: PUBLIC OFFICERS AND EMPLOYEES TRAVEL EXPENSES — AUTHORIZATION MUST BE OBTAINED IN ADVANCE Advance authorization and travel expenses Robert L. Shevin, Attorney General Prepared by: Martin S. Friedman, Assistant Attorney General QUESTIONS: 1. Must the authorization form requesting approval for […]

The Honorable Alan R. Parlapiano Attorney General of Florida — Opinion September 21, 1983 Authority of public defender to keep escrow account Jim Smith, Attorney General Prepared by: Jason Vail, Assistant Attorney General The Honorable Alan R. Parlapiano Public Defender Eighth Judicial Circuit 419 East University Avenue Post Office Box 1063 Gainesville, Florida 32602 Dear […]

Gene M. Pillot, Sarasota County School Superintendent, Sarasota Attorney General of Florida — Opinion March 23, 1976 RE: SCHOOL BOARDS NOT AUTHORIZED TO SET SCHOOL ZONE SPEED LIMITS Authority to set school zone speed limits Robert L. Shevin, Attorney General Prepared by: Betty Steffens, Assistant Attorney General QUESTION: Are county school officials empowered to determine […]

Gary R. Nikolits. Attorney General of Florida — Opinion September 22, 2005 RE: TAXATION — HOMESTEAD EXEMPTION — PROPERTY APPRAISER — applicability of homestead exemption to person receiving a life estate in property by corporation. Art. VII, s. 6, Fla. Const.; ss. 196.031, 196.041, Fla. Stat. The Honorable Gary R. Nikolits Palm Beach County Property […]

Mr. A. Kurt Ardaman. Attorney General of Florida — Opinion. December 13, 2006. RE: MUNICIPALITIES-SPECIAL DISTRICTS-FUNDS-authority of special district to borrow funds. s. 163.511, Fla. Stat. Mr. A. Kurt Ardaman, City Attorney City of DeBary 170 East Washington Street Orlando, Florida 32801-2397 Attention: Mr. Daniel W. Langley, Assistant City Attorney Charlie Crist, Attorney General. Dear […]

The Honorable David H. Pingree Attorney General of Florida — Opinion May 31, 1985 Authority of HRS over mosquito control programs Jim Smith Attorney General The Honorable David H. Pingree Secretary Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, Florida 32301 Dear Secretary Pingree: This is in response to your request for an […]

Betty Lynn Lee, General Counsel, Broward County Commission, Fort Lauderdale Attorney General of Florida — Opinion June 30, 1976 RE: MUNICIPALITIES MAY NOT MAKE EFFECTIVENESS OF COUNTY ORDINANCE IN CITY CONTINGENT UPON CITY COUNCIL APPROVAL City council’s required approval of ordinance Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General, and […]