Category: Florida Attorney General Opinions

The Honorable Truman G. Scarborough, Jr. Chairman, Attorney General of Florida — Opinion January 11, 1995 RE: SPECIAL DISTRICTS — AIRPORT AUTHORITIES — COUNTIES — county commission’s appointment authority for members of Titusville-Cocoa Airport Authority. Ch. 83-374, Laws of Florida. County commission’s appointment authority Robert A. Butterworth Attorney General The Honorable Truman G. Scarborough, Jr. […]

Richard W. Ervin III, Public Defender, Tallahassee Attorney General of Florida — Opinion March 11, 1976 RE: INDIGENTS NO REQUIREMENT TO PROVIDE TRANSCRIPT OF PROCEEDINGS ON REVIEW OF ORDER CONTINUING INVOLUNTARY HOSPITALIZATION OF INDIGENT Involuntary commitment of indigent and transcript Robert L. Shevin, Attorney General Prepared by: Martin S. Friedman, Assistant Attorney General QUESTION: When […]

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 […]

Mr. Paul Rowell, General Counsel and Ms. Dana Baird, Chief Legal Counsel Attorney General of Florida — Opinion September 1, 1999 RE: HUMAN RELATIONS, COMMISSION ON — MANAGEMENT SERVICES, DEPARTMENT OF — AUDITOR GENERAL — AUDITS — authority of Department of Management Services to audit files of Commission on Human Relations. ss. 11.45, 20.055, 119.07(3), […]

John. R. Jones, Jr., Escambia County Tax Assessor, Pensacola Attorney General of Florida — Opinion October 29, 1974 RE: TAXATION U.S. POSTAL SERVICE PROPERTY NOT SUBJECT TO AD VALOREM TAXATION U.S. Postal service and ad valorem tax Robert L. Shevin, Attorney General Prepared by: Joseph C. Mellichamp III, Assistant Attorney General QUESTION: Has the reorganization […]

Mr. Terrence M. Brown Attorney General of Florida — Opinion February 22, 2002 RE: COUNTIES — PUBLIC FUNDS — FIRE PROTECTION — NONPROFIT CORPORATIONS — county may donate funds to nonprofit corporation to carry out public purpose. Art. VII, s. 10, Fla. Const.; s. 125.01, Fla. Stat. County funds, volunteer fire department truck Robert A. […]

George C. Karcher Attorney General of Florida — Opinion August 15, 1978 Sunshine law, police complaint review boards Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General George C. Karcher Chief of Police Casselberry QUESTION: When a complaint review board is convened in accordance with s. 112.532. (2), F. S., relative […]

Mr. Kenneth B. Cuyler Collier County Attorney Attorney General of Florida — Opinion April 28, 1994 RE: IMPACT FEES — COUNTIES — PUBLIC FUNDS — use of interest earned on invested impact fees to defray cost of waivers and deferrals granted for low income housing. Interest that accrues on impact fee accounts Robert A. Butterworth […]

Mr. John Slye Attorney General of Florida — Opinion January 21, 1998 RE: CHILDREN AND FAMILIES, DEPT. OF — EMPLOYMENT — PUBLIC EMPLOYEES — exemption from disqualification from employment based on finding of delinquency. ss. 435.04 and 435.07, Fla. Stat. Public employment, exemption from disqualification Robert A. Butterworth Attorney General Mr. John Slye General Counsel […]

James R. White Attorney General of Florida — Opinion August 16, 1978 Municipalities, financing restrictions Robert L. Shevin, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General James R. White Mayor Town of South Flomaton Flomaton Alabama QUESTION: May the Town of South Flomaton finance the purchase of a fire truck through revenue sharing funds […]

Clyde L. Heath Attorney General of Florida — Opinion September 21, 1979 Waiver of filling fees by district court clerks Carol Z. Bellamy Assistant Attorney General, and Tillie Lacayo Legal Intern Clyde L. Heath Clerk District Court of Appeal West Palm Beach QUESTIONS: 1. Does s. 57.081(1), F. S., apply to clerks of the district […]

Dorothy W. Glisson, Secretary, Department of Professional and Occupational Regulation, Tallahassee Attorney General of Florida — Opinion May 28, 1976 RE: REGULATION OF PROFESSIONS BOARD OF NURSING — REINSTATEMENT OF LAPSED LICENSES, GRACE PERIOD FOR REINSTATEMENT NOT AUTHORIZED Reinstatement of lapsed licenses/Board of nursing Robert L. Shevin, Attorney General Prepared by: Bruce M. Singer, Assistant […]

Ben C. Willis, Chief Judge, Circuit Court, Tallahassee Attorney General of Florida — Opinion April 29, 1974 RE: COUNTY COURTS FINES AND FORFEITURES FOR OFFENSES AGAINST STATE STATUTE COMMITTED WITHIN MUNICIPALITY NOT PAYABLE TO MUNICIPALITY Fines for offenses not payable to municipality Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General, […]

Peter M. Dunbar, Pasco County Attorney, New Port Richey Attorney General of Florida — Opinion August 28, 1975 RE: PUBLIC BUSINESS DISCLOSURE OF INTEREST IN PROPERTY CONVEYED TO PUBLIC AGENCY NOT REQUIRED WHEN CONVEYANCE IS GRATUITOUS Disclosure of interest in property Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: […]

Mr. Douglas M. Wyckoff. Attorney General of Florida — Opinion November 24, 2009 RE: SPECIAL DISTRICT-MOSQUITO CONTROL DISTRICT-FINES-authority of district to impose penalty. s. 388.161, Fla. Stat.; Ch. 99-449, Laws of Fla. Mr. Douglas M. Wyckoff Attorney, Anastasia Mosquito Control District of St. Johns County, Florida 116 Live Oak Avenue, East Defuniak Springs, Florida 32435 […]

Richard S. Fitzpatrick Attorney Attorney General of Florida — Opinion March 19, 1992 Prisoners for work-release confinement Robert A. Butterworth Attorney General Richard S. Fitzpatrick Attorney for Citrus County Sheriff QUESTION: May the Sheriff of Citrus County accept prisoners for work-release confinement when no work-release program for county prisoners has been approved by the Citrus […]

Gary R. Cunningham, Representative, 30th District, New Smyrna Beach Attorney General of Florida — Opinion February 21, 1974 RE: ELECTIONS — PROHIBITION AGAINST PUBLICATION OF MATERIAL AGAINST CANDIDATES ON ELECTION DAY INCLUDES PUBLICATION IN NEWSPAPERS Publication of certain material on election day Robert L. Shevin, Attorney General Prepared by: Michael Parrish, Assistant Attorney General QUESTIONS: […]

Mr. Charles D. Bailey, Jr. Attorney General of Florida — Opinion February 25, 2011 RE: E911 — PUBLIC SAFETY TELECOMMUNICATORS — AIRPORTS — EMERGENCIES — SAFETY — TRAINING — DEPARTMENT OF HEALTH — communication specialists as public safety telecommunicators subject to training requirements. s. 401.465, Fla. Stat. Mr. Charles D. Bailey, Jr. Williams, Parker, Harrison, […]

Mr. Edward A. Feaver Attorney General of Florida — Opinion August 14, 1998 RE: MINORS — ABUSE — CHILDREN AND FAMILIES, DEPARTMENT OF — HEALTH, DEPARTMENT OF — SCHOOLS — access to records of children suspected of being sexually abused. Access to sexually abused children’s records Robert A. Butterworth Attorney General Mr. Edward A. Feaver […]

Mr. James D. Dye Attorney General of Florida — Opinion November 20, 1998 RE: INDEPENDENT SPECIAL FIRE CONTROL DISTRICTS — SPECIAL DISTRICTS — TAXATION — AD VALOREM TAXATION — MORTGAGES — authority of special fire control district to mortgage property. Fire Control District, mortgaging property Robert A. Butterworth Attorney General Mr. James D. Dye Attorney […]

Mr. Paul J. Nicoletti Attorney General of Florida — Opinion. December 21, 2007 RE: GOVERNMENT IN THE SUNSHINE LAW-PUBLIC EMPLOYEES-applicability of Sunshine Law to name clearing hearing and disciplinary hearing conducted by city manager or by three member panel. s. 286.011, Fla. Stat. Mr. Paul J. Nicoletti Stuart City Attorney 121 Southwest Flagler Avenue Stuart, […]

Ms. Jerri A. Blair Wildwood City Attorney Attorney General of Florida — Opinion November 23, 2004 RE: MUNICIPALITIES — CHILD ABUSE — MUNICIPAL EMPLOYEES — duty to report child abuse, abandonment or neglect and to give name when reporting. s. 39.201(1), Fla. Stat. Municipal employees, duty to report child abuse Charlie Crist Attorney General Ms. […]

Mr. Dennis K. Bayer. Attorney General of Florida — Opinion. January 26, 2007 RE: MUNICIPALITIES-ANNEXATION-COMMON AREAS-HOMEOWNERS ASSOCIATION-annexation of common areas owned by homeowners’ association. s. 171.0413(5), Fla. Stat. Mr. Dennis K. Bayer City of Marineland Attorney 306 South Oceanshore Boulevard (A1A) Flagler Beach, Florida 32136 BILL McCOLLUM, Attorney General. Dear Mr. Bayer As City Attorney […]

Mr. Edward Paul Kreiling Attorney General of Florida — Opinion October 12, 1982 Recall of mayor Jim Smith, Attorney General Prepared by: Linda Lettera, Assistant Attorney General Mr. Edward Paul Kreiling City Attorney City of Miramar Post Office Box 3828 Miramar, Florida 33023 Dear Mr. Kreiling: This is in response to your request for an […]

Michael B. Small, Palm Beach County Attorney, West Palm Beach Attorney General of Florida — Opinion February 13, 1974 RE: FIREARMS — WEAPONS FOR WHICH PERMIT OBTAINED — CARRYING CONCEALED Carrying concealed weapons Robert L. Shevin, Attorney General Prepared by: Donald K. Rudser, Assistant Attorney General QUESTION: Does a license issued by a county commission […]

Don R. Moreland, Marion County Sheriff, Ocala Attorney General of Florida — Opinion June 16, 1976 RE: SHERIFFS PROCEDURES FOR DISPOSING OF LOST OR ABANDONED PERSONAL PROPERTY OR PROPERTY SEIZED OR USED AS EVIDENCE IN A TRIAL Lost or abandoned personal property — Disposal Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant […]

A. Curtis Powers, Clerk, Circuit and County Court, Gainesville Attorney General of Florida — Opinion November 25, 1975 RE: UNIVERSITIES ALIEN ATTENDING SCHOOL ON NONIMMIGRATION VISA MAY NOT CLAIM FLORIDA RESIDENCY Alien college student and residency Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: May an alien admitted under […]

Henry W. McMillan, Adjutant General, St. Augustine Attorney General of Florida — Opinion April 8, 1975 RE: PUBLIC FUNDS PROPRIETY OF APPROPRIATION TO CIVIL AIR PATROL Public funds and civil air patrol Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTIONS: 1. What is the status of the “Florida Wing” […]

Mr. Michael A. Berg Attorney General of Florida — Opinion September 15, 1989 Officer’s duty to provide aid to ill or injured Robert A. Butterworth Attorney General Mr. Michael A. Berg Chairman Florida Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302 Dear Mr. Berg: You have asked for my opinion […]

Michael F. McAuliffe. Attorney General of Florida — Opinion March 15, 2011 RE: GOVERNMENT IN THE SUNSHINE — CRIMINAL JUSTICE COMMISSIONS — COUNTIES — SHERIFFS — STATE ATTORNEYS — effect of appointment of other to serve on commission instead of sheriff or state attorney on communication between sheriff and state attorney. s. 286.011, Fla. Stat. […]

Charles C. Anderson, Jefferson County Court Judge, Monticello Attorney General of Florida — Opinion January 29, 1975 RE: MARRIAGE PARENTAL CONSENT FOR MARRIAGE OF A MINOR MAY NOT BE REVOKED AFTER MARRIAGE LICENSE ISSUED Parental consent for marriage license and revocation Robert L. Shevin, Attorney General Prepared by: Donald D. Conn, Assistant Attorney General QUESTION: […]

Special officers for carriers appointed by the Governor Attorney General of Florida — Opinion December 15, 1992 Special officers for carriers appointed by the Governor Robert A. Butterworth Attorney General W.J. Keeley Superintendent Police and Accident Investigations QUESTION: Do ss. 843.081 and 843.085, F.S., prohibit special officers for carriers appointed by the Governor pursuant to […]

The Honorable Martha O. Haynie Attorney General of Florida — Opinion December 1, 1998 RE: TOURIST DEVELOPMENT TAX — COUNTIES — CLERKS OF COURT — use of tax revenues to construct war memorial at county courthouse. s. 125.0104(5), Fla. Stat. Tourist Development Tax, construction of war memorial Robert A. Butterworth Attorney General The Honorable Martha […]

Mr. Andrew DeGraffenreidt, III City Attorney Attorney General of Florida — Opinion February 19, 1985 Funding firefighters’ supplemental compensation program Jim Smith Attorney General Mr. Andrew DeGraffenreidt, III City Attorney City of Hollywood Post Office Box 2207 Hollywood, Florida 33022 Dear Mr. DeGraffenreidt: This is in response to your request for an opinion on substantially […]

Ralph Harris, Clerk, Circuit Court, Vero Beach Attorney General of Florida — Opinion June 13, 1975 RE: TAXATION CLERK’S DUTY TO REDEEM OUTSTANDING TAX CERTIFICATES WHEN ERRONEOUSLY NOT INCLUDED IN BASE BID Duty to redeem outstanding tax certificates Robert L. Shevin, Attorney General Prepared by: J. Kendrick Tucker, Assistant Attorney General QUESTIONS: 1. Is the […]

Richard S. Hodes, Chairman, House Committee on Education, Tampa Attorney General of Florida — Opinion September 8, 1975 RE: APPROPRIATIONS VALIDITY OF LIMITATION ON USE OF APPROPRIATION Limitation on use of appropriation Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTIONS: 1. Is the language of the 1975 General Appropriations […]

Mr. Charles P. Vitunac Attorney General of Florida — Opinion October 13, 1981 Limitations on home rule powers Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. Charles P. Vitunac City Attorney City of Vero Beach QUESTION: If a municipality possesses the authority to impose penalties for violations of municipal ordinances under […]

Henry B. Sayler, Senator, 20th District, St. Petersburg Attorney General of Florida — Opinion November 12, 1976 RE: TAXATION DOCUMENTARY STAMP TAX PENALTY IS MANDATORY AND DEPARTMENT OF REVENUE MAY NOT IMPOSE LESSER PENALTY Mandatory documentary stamp tax penalty Robert L. Shevin, Attorney General Prepared by: Harold F. X. Purnell, Assistant Attorney General QUESTION: Does […]

Ms. Anne Dalton. Attorney General of Florida — Opinion July 7, 2010 RE: SPECIAL DISTRICTS — COUNTIES — TAXATION — LOCAL OPTION TOURIST DEVELOPMENT TAX — BEACH AND SHORE PRESERVATION — meaning of term “subcounty special district” as used in s. 125.0104(3)(b), Fla. Stat. s. 125.0104, Fla. Stat.; Art. VII, s. 9, Fla. Const. Ms. […]

Robert M. Brantly Attorney General of Florida — Opinion January 26, 1978 Press releases, public documents Robert L. Shevin, Attorney General Prepared by: Richard A. Hixson, Assistant Attorney General Robert M. Brantly Director Florida Game and Fresh Water Fish Commission Tallahassee QUESTION: Would press releases be `public documents’ within the purview of s. 257.05, F. […]

Elton Gissendanner Attorney General of Florida — Opinion April 29, 1980 Use of funds by canal district Jim Smith, Attorney General Prepared by: Staff Elton Gissendanner Executive Director, Department of Natural Resources Tallahassee QUESTIONS: 1. Does the 1-year period of time required under s. 4(2)(b), ch. 79-167, Laws of Florida, run from the effective date […]

Ms. Emeline C. Acton Attorney General of Florida — Opinion July 11, 2001 RE: MEDICAL EXAMINER — RECORDS — AUTOPSY REPORTS — scope of newly enacted exemption for autopsy records. Ch. 00-01, Laws of Florida. Autopsy records exemption Robert A. Butterworth Attorney General Ms. Emeline C. Acton Hillsborough County Attorney Post Office Box 1110 Tampa, […]

Wayne Mixson Attorney General of Florida — Opinion January 10, 1978 Supplier of beef Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General Wayne Mixson Chairman House Committee on Agricultural and General Legislation Tallahassee QUESTION: Does Ch. 77-61, Laws of Florida, require a supplier or vendor of fresh or frozen beef […]

Honorable Norman R. Wolfinger State Attorney Attorney General of Florida — Opinion June 5, 1991 Pawner’s, Pawnbroker’s / Holding Period Robert A. Butterworth Attorney General Honorable Norman R. Wolfinger State Attorney Eighteenth Judicial Circuit QUESTION: 1. Can the 60 day and 90 day holding periods set forth in s. 538.16(1), F.S., be waived by written […]

Gerald S. Livingston, Attorney for Central Florida Commission on the Status of Women, Winter Park Attorney General of Florida — Opinion September 22, 1976 RE: SUNSHINE LAW APPLICABILITY TO CENTRAL FLORIDA COMMISSION ON THE STATUS OF WOMEN Central Florida commission on the status of women Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, […]

Earl G. Peck, Gen., USAF(Ret) Attorney General of Florida — Opinion January 8, 1990 Veterans’ preference, effect of county charter Robert A. Butterworth Attorney General Earl G. Peck, Gen., USAF(Ret) Executive Director Department of Veterans’ Affairs Post Office Box 1437 St. Petersburg, Florida 33731 Dear General Peck: You have asked for my opinion on substantially […]

Mr. John R. Dowd County Attorney Attorney General of Florida — Opinion August 14, 1986 Use of tourist development tax to maintain beaches Jim Smith Attorney General Mr. John R. Dowd County Attorney Okaloosa County Post Office Box 404 Shalimar, Florida 32579 Dear Mr. Dowd: This is in response to your request for an opinion […]

William F. Edwards, Citrus County Attorney, Inverness Attorney General of Florida — Opinion July 15, 1975 RE: PUBLIC RECORDS CERTIFIED COPY OF AMENDMENT TO CERTIFICATE OF INCORPORATION CHANGING CORPORATE NAME NOT ENTITLED TO RECORDATION Public records and changing corporate name Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: Is […]

William F. Edwards, Citrus County Attorney, Inverness Attorney General of Florida — Opinion December 22, 1975 RE: CIRCUIT COURT CLERK DUTIES REGARDING RECORDATION OF DEDICATION OF ROAD RIGHT-OF-WAY TO COUNTY Recordation of dedication of road right of way Robert L. Shevin, Attorney General Prepared by: Martin S. Friedman, Assistant Attorney General QUESTIONS: 1. Is the […]

Mr. Larry M. Haag Attorney General of Florida — Opinion March 19, 1998 RE: COUNTIES — EMERGENCIES — PUBLIC FUNDS — PRIVATE PROPERTY — use of public funds to repair private roads when county has declared emergency. Part 1, Ch. 252, Fla. Stat. County funds to repair private roads during emergency Robert A. Butterworth Attorney […]

Thomas A. Bustin City Attorney Clearwater Attorney General of Florida — Opinion December 30, 1977 Letters received by mayor, public records Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason Sharyn L. Smith Assistant Attorneys General QUESTION: Where individual citizens or newspaper reporters provide copies of letters or other documents that they have received […]

The Honorable George Firestone Attorney General of Florida — Opinion May 1, 1984 Use of rubber signature stamp 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 Opinion on the following question: MAY A […]

Mr. Harold M. Knowles Attorney General of Florida — Opinion February 27, 1985 Refusal to extinguish lien for noncompliance Jim Smith Attorney General Mr. Harold M. Knowles Board Counsel Municipal Code Enforcement Board 528 E. Park Avenue Tallahassee, Florida 32301 Dear Mr. Knowles: This is in response to your request for an Attorney General’s Opinion […]

Robert Grafton, District Counsel, Central and Southern Florida Flood Control District, West Palm Beach Attorney General of Florida — Opinion August 9, 1974 RE: PUBLIC RECORDS LAW APPLIES TO DEVELOPER’S ENGINEERING PLANS ON DEVELOPMENT OF REGIONAL IMPACT Public records and engineering plans Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General […]

Reubin O’D. Askew Attorney General of Florida — Opinion May 10, 1978 Dual officeholding, board of community college district Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General Reubin O’D. Askew Governor Tallahassee QUESTION: May a member of the City of Miami’s off-street parking board also serve as a member of […]

Honorable Lawson Lamar State Attorney Attorney General of Florida — Opinion January 8, 1991 Gambling / Fantasy Sports League Robert A. Butterworth Attorney General Honorable Lawson Lamar State Attorney QUESTION: Does participation in a fantasy sports league whereby contestants pay a fee for the opportunity to select actual professional sports players to make up a […]

Mr. David G. Conn Attorney Attorney General of Florida — Opinion August 24, 1989 Tourist tax revenues used for travel expenses Robert A. Butterworth Attorney General Mr. David G. Conn Attorney for the Clerk of Circuit Court Post Office Box 5239 St. Augustine, Florida 32085-5239 Dear Mr. Conn: You have asked on behalf of the […]

Mr. Joe A. Flowers Attorney General of Florida — Opinion March 5, 1993 RE:RECORDS — RECORDING FEES — COUNTY COMPTROLLER — CLERK OF CIRCUIT COURT — county comptroller prohibited from charging recording fees for documents received from clerk of circuit court. ss. 28.222, 28.24, F.S. (1992 Supp.); ss. 145.022, 145.051, F.S. Section 1(d), Art. VIII, […]

The Honorable Richard M. Weiss Attorney General of Florida — Opinion February 22, 2002 RE: SUPERVISOR OF ELECTIONS — VOTERS — PUBLIC FUNDS — CLERK OF COURTS — use of public funds for membership in local chambers of commerce and to attend community organization events. s. 102.014, Fla. Stat. Public funds, local chamber of commerce […]

Philip A. DeLaney Attorney General of Florida — Opinion August 16, 1978 Special districts, vacancies in office Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General Philip A. DeLaney Counsel for Cedar Key Special Water and Sewerage District Gainesville QUESTION: Are the elective commissioners of a special district whose elective terms […]

The Honorable Darryl Taylor Attorney General of Florida — Opinion June 21, 1993 RE: SCHOOLS — SCHOOL BOARDS — PUBLIC FUNDS: investment of surplus school funds. s. 236.24, F.S. Investment of surplus school funds Robert A. Butterworth Attorney General The Honorable Darryl Taylor Superintendent Calhoun County School Board 425 East Central Avenue, G-20 Blountstown, Florida […]

Leonard R. Mellon, Executive Director Attorney General of Florida — Opinion December 20, 1991 Civil penalty payments Robert A. Butterworth Attorney General Leonard R. Mellon, Executive Director QUESTION: 1. Does s. 1, Ch. 91-200, Laws of Florida, amending s. 318.14(9), F.S., apply to all traffic infractions. 2. Are the civil penalty payments received by the […]

Kenneth B. Cuyler Collier County Attorney Attorney General of Florida — Opinion March 13, 1992 Medical bills of a neglected or abused child Robert A. Butterworth Attorney General Kenneth B. Cuyler Collier County Attorney QUESTION: What procedure should be followed by Collier County in paying the medical bills of a neglected or abused child pursuant […]

Stuart Simon, Dade County Attorney, Miami Attorney General of Florida — Opinion December 22, 1976 RE: REGULATION OF OCCUPATIONS GENERAL CONTRACTORS, BUILDING CONTRACTORS, AND RESIDENTIAL BUILDING CONTRACTORS — CONSTRUCTION OF TENNIS COURTS Construction of tennis courts Robert L. Shevin, Attorney General Prepared by: Bruce M. Singer, Assistant Attorney General QUESTION: Are state certified general contractors, […]

Glen Darty, State Attorney, Bartow Attorney General of Florida — Opinion May 22, 1974 RE: FIREARMS CONCEALED WEAPON CARRIED BY TENANT OF SHOPPING CENTER Concealed weapon by tenant of shopping center Robert L. Shevin, Attorney General Prepared by: Wallace E. Allbritton, Assistant Attorney General QUESTIONS: 1. May a tenant of a shopping center or his […]

Mr. Paul R. Gougelman, III Melbourne Beach Town Attorney Attorney General of Florida — Opinion September 5, 1996 RE: MUNICIPALITIES — PUBLIC FUNDS — LAWSUITS — SETTLEMENTS — LOCAL GOVERNMENTS — PUBLIC HEARINGS — PUBLIC MEETINGS — whether payment of insurance claim of more than $5,000 constitutes expenditure of “public funds” within scope of statute. […]

R. K. Kramer, Attorney for Town of Cloud Lake, West Palm Beach Attorney General of Florida — Opinion April 23, 1976 RE: MUNICIPALITIES EXISTING MUNICIPALITY NOT AFFECTED BY ENACTMENT OF CH. 165, F. S. 1975 Municipalities and Fla Law 75-165 Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: What […]

Mr. Patrick McCormack. Attorney General of Florida — Opinion. November 07, 2007 TORTS — PUBLIC RECORDS — COUNTIES — confidentiality of “notice of claim” filed with a governmental agency pursuant to section 768.28, Florida Statutes. s. 768.28, Fla. Stat. Mr. Patrick McCormack St. Johns County Attorney Post Office Drawer 349 Saint Augustine, Florida 32085-0349 Bill […]

Mrs. Patsey Powers Attorney General of Florida — Opinion October 6, 1989 Status of designated psychological examiners Robert A. Butterworth Attorney General Mrs. Patsey Powers Chairman Board of Psychological Examiners Department of Professional Regulation 1940 North Monroe Street, Northwood Centre Tallahassee, Florida 32399-0788 Dear Mrs. Powers: You ask on behalf of a majority of the […]

Reubin O’D. Askew Governor Tallahassee Attorney General of Florida — Opinion February 8, 1977 Governor’s contingent-discretionary fund, use Robert L. Shevin, Attorney General Prepared by: Jerald S. Price Assistant Attorney General QUESTION: May funds within the Governor’s contingent-discretionary appropriation be used to pay the difference in cost between coach and first-class tickets when the Governor […]

Mr. Steven A. Schultz Attorney General of Florida — Opinion January 26, 2000 RE: SPECIAL MASTERS — OATHS — VALUE ADJUSTMENT BOARDS — TAXES — authority of hearing officers to administer oaths. Part I, Ch. 194, Fla. Stat. Oaths, authority of hearing officers to administer Robert A. Butterworth Attorney General Mr. Steven A. Schultz Attorney […]

The Honorable C.W. Croft Osceola County Sheriff Attorney General of Florida — Opinion August 23, 1994 RE: SHERIFFS — LAW ENFORCEMENT — EMPLOYERS/EMPLOYEES — CAREER SERVICE APPEALS BOARD — sheriff’s liability for employee reinstated by career service appeals board. ss. 30.07, 30.09 and 30.53, F.S. Sheriff’s liability for career serv. emp. reinstated Robert A. Butterworth […]

Mr. Roger Carlton Attorney General of Florida — Opinion December 15, 1994 RE: MUNICIPALITIES — LANDSCAPE ARCHITECTURE — ARCHITECTURE — ENGINEERING — ZONING — LAND USE REGULATION — municipality’s authority to require proposed landscape plans to be signed and sealed by a registered landscape architect. ss. 481.301, 481.231, and 471.037, F.S. Municipality’s auth. re proposed […]

Mr. Michael Kahn Town Attorney Attorney General of Florida — Opinion May 22, 1985 Voting abstentions and quorums Jim Smith Attorney General Mr. Michael Kahn Town Attorney Town of Malabar 494 North Harbor City Boulevard Melbourne, Florida 32935 Dear Mr. Kahn: This is in response to your request for an opinion on substantially the following […]

Sidney Martin Chairman House Committee on Standards and Conduct Tallahassee Attorney General of Florida — Opinion December 29, 1977 Constitutional Law, Sunshine Amendment, self executing Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith Frank A. Vickory Assistant Attorneys General QUESTIONS: 1. Is s. 8(e), Art. II of the Florida Constitution a self-executing constitutional […]

Miller Newton, Clerk, Circuit Court, Dade City Attorney General of Florida — Opinion September 5, 1974 RE: COUNTIES USE OF GENERAL FUNDS FOR FIRE TAX DISTRICT OPERATION IN UNINCORPORATED AREA; BORROWING POWER FOR SUCH DISTRICT Fire tax district and counties Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTIONS: 1. […]

John W. Seay, Flagler County Property Appraiser, Bunnell Attorney General of Florida — Opinion August 28, 1975 RE: TAXATION SUBDIVIDED LAND — WHEN SEPARATE TAX BILL FOR EACH UNSOLD LOT REQUIRED — SEPARATE ENTRY ON TAX ROLL Taxation and subdivided land Robert L. Shevin, Attorney General Prepared by: Zollie M. Maynard, Jr., Assistant Attorney General, […]

Bill Gootee. Attorney General of Florida — Opinion. March 08, 2006 RE: SHERIFFS — SEXUAL OFFENDERS — SEXUAL PREDATORS — MOTOR VEHICLES — authority of sheriff to require and enforce decal on registered sex offender’s or predator’s motor vehicle. s. 725.21; 943.0435, 944.606, Fla. Stat. Ch. 39, Fla. Stat. Sheriff, placing decal on sex offender’s […]

Mr. Michael S. Craig. Attorney General of Florida — Opinion June 25, 2008 RE: FIREARMS — SHOOTING RANGES — LAND USE REGULATION — ZONING — application of land use regulations and zoning to sports shooting ranges. ss. 790.33, 790.333, and 823.16, Fla. Stat. Mr. Michael S. Craig County Attorney Polk County Post Office Box 9005 […]

Gerald A. Lewis, Comptroller, Tallahassee Attorney General of Florida — Opinion August 19, 1975 RE: PUBLIC FUNDS DEPARTMENT OF CITRUS MAY CONTRACT WITH, AND LEND MONEYS TO, PRIVATE PARTY TO CARRY OUT RESEARCH AND DEVELOPMENT Lending funds to private party for research Robert L. Shevin, Attorney General Prepared by: Larry Levy, Assistant Attorney General QUESTION: […]

R. W. Peaden, Representative, 2nd District, Tallahassee Attorney General of Florida — Opinion May 10, 1974 RE: MUNICIPAL HOME RULE POWERS ACT LEGISLATURE RETAINS POWER TO ENACT SPECIAL LEGISLATION CONCERNING COUNTY AND MUNICIPAL EMPLOYEES Home rule and special legislation Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General, and Gerald L. […]

Laurence Feingold City Attorney City of Miami Beach Attorney General of Florida — Opinion August 23, 1991 Public Records / Computer data Robert A. Butterworth Attorney General Laurence Feingold City Attorney City of Miami Beach QUESTION: Whether, pursuant to s. 119.07(1), F.S. (1990 Supp.), a custodian of public records must provide a like copy of […]

Mr. Wayne R. Malaney Attorney General of Florida — Opinion May 16, 2000 RE: CONSTITUTIONAL AMENDMENT — whether Art. VI, s. 5(b), Fla. Const., is self executing. Art. VI, s. 5, Fla. Const. Constitutional Amendment, self-executing Robert A. Butterworth Attorney General Mr. Wayne R. Malaney Attorney for Collier County Supervisor of Elections 2846 Remington Green […]

Mr. David E. Cauthen Attorney General of Florida — Opinion May 29, 1981 Police protection on federal highways Jim Smith, Attorney General Prepared by: Percy W. Mallison, Jr., Assistant Attorney General Mr. David E. Cauthen City Attorney City of Umatilla QUESTION: Are municipalities empowered to provide police protection on federal highways/state roads which are within […]

Jerry Melvin, Chairman, House Committee on Retirement, Tallahassee Attorney General of Florida — Opinion October 29, 1974 RE: PUBLIC EMPLOYEES’ RETIREMENT SYSTEMS REFUNDS OF CONTRIBUTIONS TO PUBLIC PENSION FUNDS Public employees retirement systems Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General QUESTION: May public pension funds refund less than 100 […]

John W. Bakas, Jr., Assistant Hillsborough County Resident Attorney, Tampa Attorney General of Florida — Opinion February 17, 1975 RE: COMMUNITY DEVELOPMENT POWERS OF COUNTY COMMISSION Community development and county development Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General QUESTION: Does a board of county commissioners possess the necessary authority […]

The Honorable Gene Harvey Tax Collector Attorney General of Florida — Opinion April 22, 1993 RE: TAX COLLECTORS — COUNTIES — LOCAL GOVERNMENTS: only fee income in excess of that needed to pay office personnel and expenses and the fee officer’s salary must be paid to governmental units under s. 218.36(2), F.S. Fee officer’s salary […]

The Honorable Bruce H. Colton State Attorney Attorney General of Florida — Opinion August 23, 1994 RE: GAMBLING — LOTTERIES — NONPROFIT CORPORATIONS — STATE ATTORNEY purchase of ticket containing names of several sports teams selected at random constitutes gambling when the winning ticket is determined by sports teams that score most points during time […]