Category: Florida Attorney General Opinions

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 […]

Gregory G. Manning Chief of Police Longwood Police Department Attorney General of Florida — Opinion October 26, 1992 Use of contraband forfeiture funds Robert A. Butterworth Attorney General Gregory G. Manning Chief of Police Longwood Police Department QUESTION: May the City of Longwood Police Department use contraband forfeiture funds to start a weekly teen dance, […]

Mr. David La Croix Brooksville City Attorney Attorney General of Florida — Opinion December 15, 2003 RE: MUNICIPALITIES — PUBLIC OFFICERS — DUAL OFFICE-HOLDING — UNITED STATES — applicability of state dual office holding prohibition to uncompensated local selective service board member. Art. II, s. 5(a), Fla. Const. Dual Office Holding, local selective service board […]

George Ralph Miller Walton County Attorney Attorney General of Florida — Opinion November 19, 1992 Regulation of dogs on the beach Robert A. Butterworth Attorney General George Ralph Miller Walton County Attorney QUESTION: May Walton County regulate dogs on the beach by either banning their presence or requiring they be leashed? SUMMARY: Walton County may […]

Mr. David G. Conn Attorney General of Florida — Opinion February 1, 1983 Court clerk’s authority to collect service charge Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. David G. Conn Attorney Clerk of the Circuit Court St. Johns County 28 Cordova Street Post Office Box 408 St. Augustine, Florida 32084-0408 […]

Charles E. Miner, Jr., General Counsel, Florida Board of Education, Tallahassee Attorney General of Florida — Opinion August 8, 1974 RE: STATE EMPLOYEES TERMINAL PAY FOR ACCUMULATED SICK LEAVE Terminal pay for accumulated sick leave Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: Are state employees who have been […]

John M. Harris Assistant City Attorney Attorney General of Florida — Opinion April 2, 1992 Citizen conduct found to be a repeat violation Robert A. Butterworth Attorney General John M. Harris Assistant City Attorney QUESTION: When a citizen engages in conduct which is found to be a repeat violation as defined in s. 162.04(5), F.S., […]

Mr. William Baird Attorney General of Florida — Opinion October 25, 1985 Definition of minor criminal behavior, 394.461 F.S. Jim Smith Attorney General Mr. William Baird Detention Administrator Indian River County Department of Detention 1725 — 17th Avenue Vero Beach, Florida 32960 Dear Mr. Baird: This is in response to your request for an Attorney […]

Miller Newton, Clerk, Circuit Court, Dade City Attorney General of Florida — Opinion May 18, 1976 RE: CIRCUIT COURT CLERKS FEES — WRIT OF POSSESSION, TENANT REMOVAL ACTION Fees and writ of possession Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General QUESTIONS: 1. May the clerk of a circuit court […]

Sheldon I. Pivnik Notary Public Attorney General of Florida — Opinion September 18, 1991 Notary public Robert A. Butterworth Attorney General Sheldon I. Pivnik Notary Public QUESTION: Does s. 117.05(6)(d), F.S., as amended by Ch. 91-291, Laws of Florida, prohibit a notary public from solemnizing the rites of matrimony of persons related by blood or […]

Melvin G. Colman, Orange County Sheriff, Orlando Attorney General of Florida — Opinion April 29, 1974 RE: LAW ENFORCEMENT TRAINING PROGRAMS — APPROVAL Law enforcement training programs Robert L. Shevin, Attorney General Prepared by: Enoch J. Whitney, Assistant Attorney General QUESTION: What constitutes “law enforcement education” for the purposes of receiving funds raised by operation […]

Mr. Gerald R. Colen City Attorney Attorney General of Florida — Opinion November 2, 1984 Contract with private firm for fire protection Jim Smith Attorney General Mr. Gerald R. Colen City Attorney City of St. Petersburg Beach Devito, Colen Forlizzo Attorneys at Law 5362 Central Avenue St. Petersburg, Florida 33707 Dear Mr. Colen: This is […]

Joan Heggen Attorney General of Florida — Opinion March 22, 1979 Veteran service officers, payment of travel expenses Joslyn Wilson Assistant Attorney General Joan Heggen Secretary Department of Community Affairs Tallahassee QUESTIONS: 1. Is a county or city responsible for reimbursing its veteran service officer’s travel expenses when the service officer attends training refresher courses […]

Mr. Douglas R. Bell Attorney Attorney General of Florida — Opinion March 3, 1986 Sound recordings of district meeting Jim Smith Attorney General Mr. Douglas R. Bell Attorney for the Central Broward Drainage District 8020 Stirling Road (Davie) Hollywood, Florida 33024 Dear Mr. Bell: This is in response to your request for an opinion on […]

James W. Vance Attorney General of Florida — Opinion April 7, 1980 Dependent and independent districts Jim Smith, Attorney General Prepared by: Craig B. Willis, Assistant Attorney General James W. Vance Attorney for Lake Worth Utilities Authority Palm Beach QUESTION: Is the Lake Worth Utilities Authority an independent or dependent special district? SUMMARY: The Lake […]

The Honorable Harry Lee Coe III State Attorney Attorney General of Florida — Opinion August 15, 1994 RE: SLOT MACHINES — GAMBLING — legality of manufacturing slot machines or their component parts. ss. 849.15–849.23, Fla. Stat. (1993); s. 849.233, Fla. Stat. (1993). Legality of manufacturing slot machines or their parts Robert A. Butterworth Attorney General […]

Mr. Robert K. Robinson Attorney General of Florida — Opinion February 21, 2002 RE: MUNICIPALITIES — ANIMALS — WEAPONS — non law enforcement officer animal control officer not authorized to carry firearm or use electric weapon or device where carrying out official duties. s. 828.27, Fla. Stat. Animal control officer carrying firearms Robert A. Butterworth […]

Mr. J.K. Linnan Attorney General of Florida — Opinion January 18, 1983 Authority to impose competency requirements on builders Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. J.K. Linnan Executive Director The Florida Construction Industry Licensing Board 111 Coast Line Drive East Suite 504 Post Office Box 2 Jacksonville, Florida 32201 […]

Van B. Cook County Attorney Attorney General of Florida — Opinion September 18, 1991 Clerk of the Court Robert A. Butterworth Attorney General Van B. Cook County Attorney Attention: Mr. William G. Capko Assistant County Attorney and Ms. Leigh Shinohara Staff Attorney for Clerk of Court QUESTION: Is the clerk of circuit court required to […]

Dick Clark, Chairman, House Select Committee on Fraudulent Mortgage Sales, Tallahassee Attorney General of Florida — Opinion October 10, 1975 RE: DEPARTMENT OF BUSINESS REGULATION DEPARTMENT ATTORNEYS MAY NOT REPRESENT INDIVIDUAL DEPARTMENTAL EMPLOYEES APPEARING BEFORE FACTFINDING LEGISLATIVE COMMITTEE Department attorneys may not represent individuals Robert L. Shevin, Attorney General Prepared by: James D. Whisenand, Assistant […]

Mr. Isaac D. Turner. Attorney General of Florida — Opinion December 29, 2010 RE: PUBLIC RECORDS — PUBLIC EMPLOYEES — NOTES — whether public employee’s personal notes are public records. Ch. 119, Fla. Stat. Mr. Isaac D. Turner City Manager City of Venice 401 West Venice Avenue Venice, Florida 34285 Bill McCollum, Attorney General Dear […]

Mr. Richard M. Weiner Attorney General of Florida — Opinion January 13, 1998 RE: TRUST FUND — GOVERNMENT IN THE SUNSHINE LAW — FIRE FIGHTERS — MUNICIPALITIES — MEETINGS — applicability of Sunshine Law to meetings of board of trustees of trust fund. s. 286.011, Fla. Stat. Sunshine Law, firefighters’ trust fund board meetings Robert […]

Mr. Jack Shreve Office of the Public Counsel Attorney General of Florida — Opinion November 15, 1993 RE: PUBLIC COUNSEL — WHISTLE-BLOWER’S ACT — PUBLIC OFFICERS AND EMPLOYEES — RECORDS — access to complaint filed with Public Counsel regarding retaliation taken against whistle-blower. s. 112.3188, F.S. Access to complaint filed with Public Counsel Robert A. […]

Ralph O. Johnson Attorney General of Florida — Opinion September 7, 1978 Special districts, sovereign immunity Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General Ralph O. Johnson Attorney for East Beach Water Control District Pahokee QUESTION: Is the East Beach Water Control District a `state agency or subdivision’ for the […]

Ernest Ellison Auditor General Tallahassee Attorney General of Florida — Opinion August 29, 1979 Travel expense reimbursement, SUS student government Joslyn Wilson Assistant Attorney General Ernest Ellison Auditor General Tallahassee QUESTION: May a motor vehicle assigned to or requisitioned by a state university be used by a university student government association for student government association […]

John A. Madigan, Jr., Counsel for Florida Sheriffs Association, Tallahassee Attorney General of Florida — Opinion January 23, 1976 RE: SHERIFFS AUTHORITY TO DETAIN PERSON PURSUANT TO WRIT OF N.E. EXEAT Writ of ne exeat Robert L. Shevin, Attorney General Prepared by: Mary Jo Carpenter, Assistant Attorney General QUESTION: Does the approved form of a […]

Joseph G. Stella, D.O., Chairman, Board of Osteopathic Medical Examiners, Fort Lauderdale Attorney General of Florida — Opinion October 30, 1974 RE: BOARD OF OSTEOPATHIC MEDICAL EXAMINERS USE OF TERM “CLINICS”; LICENSURE BY ENDORSEMENT; INTERNSHIP Board of osteopathic medical examiners and licenses Robert L. Shevin, Attorney General Prepared by: Donald D. Conn, Assistant Attorney General […]

Mr. John T. Brennan Attorney General of Florida — Opinion November 9, 1983 Amendment of retirement system Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistant Attorney General Mr. John T. Brennan City Attorney City of Fort Pierce Post Office Box 3779 Fort Pierce, Florida 33454 Dear Mr. Brennan: This is in response to your […]

Mr. Julio J. Martinez, Chairman Attorney General of Florida — Opinion January 29, 1990 RE: MOTOR VEHICLES — TOWING, TASK FORCE COMMITTEE ON — Highway Safety and Motor Vehicles, Department of, storage or towing company not authorized to hold personal property contained in motor vehicle until payment for storage or towing is made; storage or […]

Mrs. Alma K. Bethea, Alachua County Supervisor of Elections, Gainesville Attorney General of Florida — Opinion September 19, 1974 RE: PUBLIC RECORDS POLL LIST COMPILED ON ELECTION DAY AVAILABLE TO PUBLIC ONLY AFTER ELECTION DAY Poll list compiled on election day Robert L. Shevin, Attorney General Prepared by: Bjarne B. Andersen, Jr., Assistant Attorney General […]

Honorable Curtis A. Golden State Attorney Attorney General of Florida — Opinion December 9, 1992 Bingo Robert A. Butterworth Attorney General Honorable Curtis A. Golden State Attorney First Judicial Circuit QUESTION: 1. Pursuant to s. 849.0931, F.S. (1992 Supp.), may Organization A run a session of bingo with three 250 jackpots and then after a […]

Paul J. McDonough City Attorney Attorney General of Florida — Opinion April 3, 1979 Municipal boundaries, inclusion in charter Jerald S. Price Assistant Attorney General Paul J. McDonough City Attorney Coral Springs QUESTION: Does s. 171.091, F. S., require by implication that a boundary article be contained in a municipal charter (as opposed to being […]

Larry M. Haag Citrus County Attorney Attorney General of Florida — Opinion March 6, 1992 Tourist development tax — Concert in the Park Robert A. Butterworth Attorney General Larry M. Haag Citrus County Attorney QUESTION: May tourist development tax revenues be used to advertise and promote a “Concert in the Park” as a free, public […]

Jane W. Robinson, Representative, 46th District, Cocoa Attorney General of Florida — Opinion February 7, 1974 RE: CIVIL RIGHTS — DISCRIMINATORY EFFECTS OF HEIGHT AND WEIGHT REQUIREMENTS Discrimination and height and weight requirements Robert L. Shevin, Attorney General Prepared by: Sharyn Smith, Assistant Attorney General QUESTION: Are minimum height and weight requirements which are set […]

The Honorable E.D. “Bud” Dixon Attorney General of Florida — Opinion May 21, 1997 RE: PUBLIC RECORDS — JUVENILES — CLERK OF COURTS — CHILDREN AND FAMILY SERVICES, DEPARTMENT OF — confidentiality of records of child prosecuted as adult and receiving juvenile sanctions. Records of juvenile prosecuted as adult Robert A. Butterworth Attorney General The […]

Mr. Frank C. Kruppenbacher Attorney General of Florida — Opinion February 26, 2008 RE: SCHOOL BOARDS — TAXATION — DISCRETIONARY SALES SURTAX — SCHOOL CAPITAL OUTLAY SURTAX — authorized uses of school capital outlay surtax. s. 215.055(6), Fla. Stat. Mr. Frank C. Kruppenbacher School Board Attorney School Board of Orange County 445 West Amelia Street […]

Mr. Thomas A. Bustin Attorney General of Florida — Opinion April 11, 1990 COUNTIES — CHARTERS — SPECIAL LAWS-construction of reference to special laws in s. 1(g), Art. VIII, State const. Charter counties, special laws regarding annexation Robert A. Butterworth Attorney General Mr. Thomas A. Bustin County Attorney Alachua County Post Office Drawer CC Gainesville, […]

Mr. Robert C. Adamski Attorney General of Florida — Opinion November 9, 1983 Ordinance for pest control vehicles Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Robert C. Adamski City Attorney City of Cape Coral Post Office Box 88 Cape Coral, Florida 33910 Dear Mr. Adamski: This is in response to […]

David L. Reid, Palm Beach County Property Appraiser, West Palm Beach Attorney General of Florida — Opinion June 21, 1976 RE: TAXATION DISABLED EX-SERVICEMAN ENTITLED TO EXEMPTION ON PROPERTY RENTED TO OTHER PERSONS Exemption on property rented to others Robert L. Shevin, Attorney General Prepared by: Zollie M. Maynard, Jr., Assistant Attorney General, and Barry […]

Mr. Francisco M. Negron, Jr. General Counsel Attorney General of Florida — Opinion August 14, 2002 RE: SCHOOLS CHARTER SCHOOLS TAXATION SCHOOL CAPITAL OUTLAY SURTAX whether school capital outlay surtax may be used to fund capital improvement projects for public charter schools. s. 212.055(6), Fla. Stat. School capital outlay surtax, charter schools Robert A. Butterworth […]

Stephen C. O’Connell, Chairman, Florida Elections Commission, Tallahassee Attorney General of Florida — Opinion March 10, 1976 RE: ELECTIONS LIMITATIONS ON EXPENDITURES BY INDEPENDENT, WRITE-IN, AND MINORITY PARTY CANDIDATES Independent and write-in candidates Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: Are persons who run for election to public […]

The Honorable Mary M. Johnson Santa Rosa County Clerk of Courts Attorney General of Florida — Opinion September 30, 2002 RE: AUDITS — COUNTIES — PUBLIC ACCOUNTANTS — SANTA ROSA COUNTY CIVIL SERVICE BOARD — certified public accountant employee of county not qualified to conduct independent audit of civil service board. ss. 11.45, 218.39 and […]

D. Byron King Attorney for Florida Inland Navigation District Rivera Beach Attorney General of Florida — Opinion October 18, 1977 Private lands subject to easements Robert L. Shevin, Attorney General Prepared by: J. Kendrick Tucker Assistant Attorney General QUESTION: Are lands owned by private entitles and imposed with the following easements held by governmental entities: […]

James B. Jett. Attorney General of Florida — Opinion March 15, 2011 RE: OFFICERS — CLERK OF COURT — DUAL OFFICE-HOLDING — INCOMPATIBILITY — DEPUTY CLERK — whether deputy clerk of court may simultaneously hold office of county commissioner without violating dual office-holding prohibition and common law rule of incompatibility. Art. II, s. 5(a), Fla. […]

Ms. Barbara Peregoy Attorney General of Florida — Opinion October 8, 1993 RE: DEAD BODIES — MEDICAL EXAMINER — COUNTIES — time in which relative must claim body, release of body to relatives. ss. 245.07 and 245.08, F.S. Time in which relative must claim body Robert A. Butterworth Attorney General Ms. Barbara Peregoy Director of […]

Mr. Charles F. Williamson Attorney General of Florida — Opinion October 23, 1981 Hospital as subdivision of state Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Charles F. Williamson Administrator, Santa Rosa Hospital QUESTION: Is the Santa Rosa Hospital a subdivision of the state for purpose of s. 768.28, F.S. (1980 […]

The Honorable Doug “Tim” Jamerson Attorney General of Florida — Opinion April 2, 1984 Human Relations Commission / public records Jim Smith Attorney General The Honorable Doug “Tim” Jamerson Representative 55th District 904 The Tower 424 Central Avenue St. Petersburg, Florida 33701 Dear Representative Jamerson: This is in response to your request for an opinion […]

The Honorable Cindy Lederman Chair Attorney General of Florida — Opinion December 10, 2004 RE: COMMUNITY ALLIANCES — CHILDREN AND FAMILIES, DEPARTMENT OF — STATUTES — amendment imposing new restriction on members of community alliances does not apply to current members in absence of an expression of legislative intent. s. 20.19, Fla. Stat.; Ch. 04-356, […]

T. Rankin Terry, Jr., Attorney for Captiva Erosion Prevention District, Fort Myers Attorney General of Florida — Opinion January 4, 1974 RE: SPECIAL DISTRICTS — COMPETITIVE BIDS NOT REQUIRED FOR CONTRACTS — FURNISHING OF WORKMEN’S COMPENSATION INSURANCE Special districts and competitive bids Robert L. Shevin, Attorney General Prepared by: Paul W. Lambert, Assistant Attorney General […]

Mr. James C. Brady Attorney General of Florida — Opinion May 26, 1981 License tax for occupational license Jim Smith, Attorney General Prepared by: Jeff Kielbasa, Assistant Attorney General Mr. James C. Brady City Attorney City of Lauderdale Lakes QUESTION: Can a municipality impose a license tax for the issuance of an occupational license on […]

Mr. John C. Dellagloria City Attorney Attorney General of Florida — Opinion September 24, 2004 RE: MUNICIPALITIES — ORDINANCES — COURTS — CLERK OF COURTS — FINES AND FORFEITURES — operation of courts; fines and forfeitures received from violations of municipal ordinances. ss. 28.2402 and 34.191, Fla. Stat. Filing fees, municipal ordinance violations Charlie Crist […]

Mr. Jon M. Henning Attorney General of Florida — Opinion March 1, 1990 RE: GOVERNMENT IN THE SUNSHINE LAW — PUBLIC MEETINGS — MUNICIPALITIES — applicability of Sunshine Law to meetings of member of city council meeting with private garbage contractor to negotiate city garbage contract. s. 286.011, F.S. Sunshine Law Robert A. Butterworth Attorney […]

Kenneth M. Myers, Senator, 37th District, Miami Attorney General of Florida — Opinion February 26, 1976 RE: REGULATION OF PROFESSIONS NURSING — NURSE LICENSED BY FOREIGN COUNTRY MAY BE LICENSED IN FLORIDA WITHOUT EXAMINATION Nurse licensed by foreign country Robert L. Shevin, Attorney General Prepared by: Donald D. Conn, Assistant Attorney General QUESTION: Does the […]

W. Arvel Drury Attorney General of Florida — Opinion February 18, 1980 Unfunded indebtedness; definition Jim Smith, Attorney General Prepared by: Craig B. Willis, Assistant Attorney General W. Arvel Drury Attorney for Hamilton County School Board Jasper QUESTION: What is the meaning of the term `unfunded indebtedness,’ as used in s. 5(2), ch. 31459, 1956, […]

Mr. Neal D. Bowen County Attorney Attorney General of Florida — Opinion February 18, 1987 Use of tourist tax to improve shoreline Robert A. Butterworth Attorney General Mr. Neal D. Bowen County Attorney Osceola County 17 South Vernon Avenue Room 155 Kissimmee, Florida 32741-5488 Dear Mr. Bowen: This is in response to your request for […]

Robert J. Cotron, Chief of Police, Melbourne Attorney General of Florida — Opinion December 4, 1974 RE: LAW ENFORCEMENT MONITORING POLICE RADIO FREQUENCIES Monitoring police radio frequencies Robert L. Shevin, Attorney General Prepared by: Richard W. Prospect, Assistant Attorney General QUESTIONS: 1. What facts must be established to prove the element of installation under s. […]

Mr. Michael H. Olenick County Attorney Attorney General of Florida — Opinion January 8, 1985 Collecting special assessments, 153.05 F.S. Jim Smith Attorney General Mr. Michael H. Olenick County Attorney County of Martin Board of County Commissioners 50 Kindred Street Stuart, Florida 33497 Attention: Mr. Daniel S. McIntyre Assistant County Attorney Dear Mr. Olenick: This […]

Chief J. Philip Thorne. Attorney General of Florida — Opinion July 7, 2010 RE: LAW ENFORCEMENT OFFICERS — E911 — PUBLIC SAFETY TELECOMMUNICATOR — EMERGENCY DISPATCHER — TRAINING — CERTIFICATION — training and certification requirements for “911 public safety telecommunicator.” ss. 365.172 and 402.465, Fla. Stat.; Ch. 2010-188, Laws of Fla. Chief J. Philip Thorne […]

Honorable Bill James State Attorney Attorney General of Florida — Opinion November 9, 1992 County-owned vehicles Robert A. Butterworth Attorney General Honorable Bill James State Attorney Thirteenth Judicial Circuit QUESTION: Are vehicles purchased and serviced by the county, but provided to the State Attorney’s Office pursuant to s. 27.34(2), F.S., subject to the rules in […]

Mr. Edgar E. Stephens, III Attorney General of Florida — Opinion March 8, 1999 RE: CONDOMINIUMS — TAXATION — PROPERTY APPRAISER — taxation of commercial establishment in condominium. Condominium, taxation of commercial common element Robert A. Butterworth Attorney General Mr. Edgar E. Stephens, III Attorney for the Palm Beach County Property Appraiser Post Office Box […]

Mr. Paul J. Marino Port Richey City Attorney Attorney General of Florida — Opinion July 18, 2003 RE: MUNICIPALITIES — ROADS — NONPROFIT CORPORATIONS — CHARITABLE SOLICITATIONS — municipal authority to require permit for charitable solicitation on roads within municipality. ss. 316.2045 and 337.406, Fla. Stat. Municipalities, charitable solicitations on roads Charlie Crist Attorney General […]

Chief Chad Jorgensen Attorney General of Florida — Opinion March 8, 2002 RE: DUAL OFFICEHOLDING — SPECIAL DISTRICTS — FIRE PROTECTION DISTRICTS — dual officeholding prohibition inapplicable to positions in independent fire protection district. Art. II, s. 5(a), Fla. Const. Dual Officeholding, inapplicable to special district Robert A. Butterworth Attorney General Chief Chad Jorgensen Bayshore […]

Mr. Lawrence C. Turk Attorney Attorney General of Florida — Opinion April 16, 1984 Special district contracting with county Jim Smith Attorney General Mr. Lawrence C. Turk Attorney South Trail Fire Protection and Rescue Service District 4223 Del Prado Boulevard Cape Coral, Florida 33904 Dear Mr. Turk: This is in response to your request for […]

Mr. Fred S. Disselkoen City Attorney Attorney General of Florida — Opinion August 23, 1993 RE: TIME-SHARES — MUNICIPALITIES — ZONING — LAND USE — REAL PROPERTY: statute precludes city from zoning based on ownership of property on time-share basis. s. 721.25, F.S. Zoning/ownership of property on time-share basis Robert A. Butterworth Attorney General Mr. […]

The Honorable Joan H. Heggen Attorney General of Florida — Opinion September 4, 1981 Veterans’ preference Jim Smith, Attorney General Prepared by: Linda Lettera, Assistant Attorney General The Honorable Joan H. Heggen Secretary, Department of Veteran and Community Affairs QUESTION: What procedure, if any, exists for applying veterans’ preference to an individual who is seeking […]

William J. Page, Jr., Secretary, Department of Health and Rehabilitative Services, Tallahassee Attorney General of Florida — Opinion March 23, 1976 RE: BUREAU OF BLIND SERVICES IDENTIFICATION CARD ISSUED TO BLIND PERSONS — STATUS AS LEGAL DOCUMENT Identification card for blind persons Robert L. Shevin, Attorney General Prepared by: Barry Silber, Assistant Attorney General QUESTION: […]

Arthur H. Beckwith, Jr. Attorney General of Florida — Opinion December 22, 1978 Clerks, courts, service charges Robert L. Shevin, Attorney General Prepared by: Craig B. Willis, Assistant Attorney General Arthur H. Beckwith, Jr. Clerk, Circuit Court Sanford QUESTIONS: 1. Does the $2 additional service charge required by s. 28.241(1), F. S., for each civil […]

John R. Maloy, Acting Executive Director, Central and Southern Florida Flood Control District, West Palm Beach Attorney General of Florida — Opinion January 23, 1975 RE: ADMINISTRATIVE PROCEDURE ACT HEARING OFFICERS Administrative procedure act and hearing officers Robert L. Shevin, Attorney General Prepared by: James D. Whisenand, Assistant Attorney General QUESTION: May the governing board […]

Mr. Lonnie Groot. Attorney General of Florida — Opinion September 21, 2011 RE: BUSINESS LICENSE TAX — TAXATION — OCCUPATIONS — FIREARMS — MUNICIPALITIES — ORDINANCES — validity of municipal business license tax ordinance including gunsmiths and gun dealers. Ch. 205, Fla. Stat.; s. 790.33, Fla. Stat. Mr. Lonnie Groot City Attorney, City of Sanford […]

Mr. Kurt S. Browning Supervisor of Elections Pasco County Attorney General of Florida — Opinion March 10, 1994 RE: CANDIDATES — ROAD AND BRIDGE DISTRICTS — requirements for qualifying as candidate for road and bridge district commission. Qualifying req. for comm. cand. road bridge districts Robert A. Butterworth Attorney General Mr. Kurt S. Browning Supervisor […]

Mr. Frank E. Brown Attorney General of Florida — Opinion November 10, 1998 RE: HILLSBOROUGH COUNTY CIVIL SERVICE BOARD — PUBLIC EMPLOYEES — COUNTIES — authority of civil service board to impose closed promotions; return rights guaranteed. Ch. 96-519, Laws of Fla. County civil service, closed promotions Robert A. Butterworth Attorney General Mr. Frank E. […]

Ray Mattox, Chairman, Select Committee on Military and Veterans Affairs, Winter Haven Attorney General of Florida — Opinion August 6, 1974 RE: VETERANS DIVISION OF VETERANS’ AFFAIRS MAY APPLY FOR FEDERAL GRANTS Division of veterans’ affairs and federal grants Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: Is the […]

Edwin H. Duff II Attorney General of Florida — Opinion March 15, 1978 Authority to pronounce someone dead Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General Edwin H. Duff II Volusia County Sheriff DeLand QUESTION: Does a sheriff or a deputy sheriff or an emergency medical technician assigned to an […]

Mr. Warren H. Jernigan Attorney General of Florida — Opinion October 1, 1990 RE: TRANSPORTATION DISADVANTAGED COMMISSION — COUNTIES — LOCAL OPTION GAS TAX — TRANSPORTATION, DEPARTMENT OF — local option tax moneys used to fund transportation services for transportation disadvantaged. Local option tax funding transportation disadvantaged Robert A. Butterworth Attorney General Mr. Warren H. […]

David L. Selby, Counsel for Okaloosa County School Board, Ft. Walton Beach Attorney General of Florida — Opinion December 23, 1974 RE: TAXATION POLLUTANT SPILL PREVENTION EXCISE TAX — GOVERNMENTAL PURCHASERS NOT ENTITLED TO REFUND OR EXEMPTION Pollutant spill prevention excise tax Robert L. Shevin, Attorney General Prepared by: David M. Hudson, Assistant Attorney General […]

Ralph O. Johnson, Attorney for Belle Glade Housing Authority, Pahokee Attorney General of Florida — Opinion August 6, 1974 RE: HOUSING AUTHORITIES FISCAL YEAR REQUIRED; RESIDENCY REQUIREMENTS FOR MEMBERS Residency and housing authority Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTIONS: 1. Is a public housing authority created by […]

Mr. John Henry Jones Attorney General of Florida — Opinion July 28, 1982 License denied for lack of financial responsibility Jim Smith, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General Mr. John Henry Jones Chairman Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 Attention: Mr. J.K. Linnan, Executive Director Dear […]

Mr. Neal D. Bowen County Attorney Attorney General of Florida — Opinion December 13, 1989 Municipal service taxing units, millage Robert A. Butterworth Attorney General Mr. Neal D. Bowen County Attorney Osceola County 17 South Vernon Street Kissimmee, Florida 32741 Dear Mr. Bowen: You ask the following question: With regard to municipal service taxing units […]

Mr. Charles E. Blazek City Clerk of Hialeah Gardens Attorney General of Florida — Opinion June 25, 1996 RE: DUAL OFFICE HOLDING — MUNICIPALITIES — city clerk subject to dual office holding prohibition. Art. II, s. 5(a), Fla. Const. Dual office holding — city clerk subject Robert A. Butterworth Attorney General Mr. Charles E. Blazek […]

Mr. Gerald M. Bailey. Attorney General of Florida — Opinion September 15, 2009 RE: LAW ENFORCEMENT OFFICERS — CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION — FLORIDA DEPARTMENT OF LAW ENFORCEMENT — CERTIFICATION — employment of non-sworn officers to perform law enforcement duties. ss. 943.10 and 943.13, Fla. Stat. Mr. Gerald M. Bailey, Commissioner Florida Department […]

Betty Easley Attorney General of Florida — Opinion January 10, 1978 Issuance of marriage license to persons under 18 Robert L. Shevin, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Betty Easley Representative, 56th District Tallahassee QUESTION: 1. Does the repeal of s. 741.06, F. S., do away with the county court judges’ discretion […]

Mr. William R. Scott Attorney General of Florida — Opinion May 29, 1985 Special district funds used to protect citrus Jim Smith Attorney General Mr. William R. Scott Counsel Indiantown Water Control District 700 Colorado Avenue Post Office Box 2057 Stuart, Florida 33497 Dear Mr. Scott: This is in response to your request for an […]

James L. Roden, Polk County Tax Assessor, Bartow Attorney General of Florida — Opinion May 13, 1975 RE: TAXATION PRIVATE PROPERTY USED BY MUNICIPALITY OR NONPROFIT CORPORATION FOR EXEMPT PURPOSES UNDER NONPROFIT LEASE AGREEMENT — TAXABILITY Private property used by city and taxation Robert L. Shevin, Attorney General Prepared by: Winifred L. Wentworth and David […]

William A. Troelstrup, Executive Director, Department of Criminal Law Enforcement, Tallahassee Attorney General of Florida — Opinion October 4, 1974 RE: POLICE OFFICERS DISHONORABLE DISCHARGE FROM MILITARY SERVICE AS DISQUALIFYING FROM EMPLOYMENT Dishonorable discharge from military service Robert L. Shevin, Attorney General Prepared by: Donald D. Conn, Assistant Attorney General QUESTION: May a person be […]

The Honorable Bruce H. Colton Attorney General of Florida — Opinion March 19, 1998 RE: GOVERNMENT IN THE SUNSHINE — HOSPITALS — ATTORNEY-CLIENT — sunshine law application to nonprofit corporation leasing hospital facilities; applicability of attorney-client exemption. ss. 286.011(3)(a) and (8), Fla. Stat. Sunshine Law, attorney client exemption Robert A. Butterworth Attorney General The Honorable […]

Annette Star Lustgarten Lake County Attorney Attorney General of Florida — Opinion August 17, 1992 Non-ad valorem or special assessment/personal property Robert A. Butterworth Attorney General Annette Star Lustgarten Lake County Attorney QUESTION: 1. Is a municipal service taxing unit which provides fire and rescue service limited to imposing a non-ad valorem assessment or special […]

Barry Richard Attorney General of Florida — Opinion March 2, 1978 Meaning of fully funded; constitutional provision Robert L. Shevin, Attorney General Prepared by: David K. Miller, Assistant Attorney General Barry Richard Gables QUESTIONS: 1. Does the language appearing on the ballot by which the voters adopted s. 14, Art. X, State Const., have any […]

Mr. Christopher A. White Attorney Attorney General of Florida — Opinion May 29, 1986 Special tax district, eminent domain power Jim Smith Attorney General Mr. Christopher A. White Attorney Beaches Public Hospital Special Taxing District 1001 Blackstone Building 233 East Bay Street Jacksonville, Florida 32202 Dear Mr. White: This is in response to your request […]

Mr. Ernest Ellison Attorney General of Florida — Opinion August 19, 1982 Authority to provide vehicle to superintendent Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. Ernest Ellison Auditor General Post Office Box 1734 Tallahassee, Florida 32301 Dear Mr. Ellison: This is in response to your request for an opinion on […]

Clyde King Edgewood City Council President Orlando Attorney General of Florida — Opinion June 29, 1977 Dual officeholding, reserve police officer Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason Assistant Attorney General Joslyn Wilson Legal Research Assistant QUESTIONS: 1. May an elected city council member, or candidate for that office, also serve as […]

Ms. Susan W. Stacy. Attorney General of Florida — Opinion. August 3, 2006 RE: TAXATION — MUNICIPALITIES — AD VALOREM TAXATION — proration of ad valorem taxes on property acquired by municipality for municipal purpose. ss. 196.011, 196.199 and 196.295, F.S. Ms. Susan W. Stacy Assistant Attorney for the City of Palm Coast 1001 Heathrow […]

Mr. C. Edward Rich Attorney Attorney General of Florida — Opinion April 28, 1986 Use of single planning and zoning board Jim Smith Attorney General Mr. C. Edward Rich Attorney Town of Orange Park Suite One, Twenty One Ten Building 2110 Park Street Jacksonville, Florida 32204-3812 Dear Mr. Rich: This is in response to your […]

The Honorable Ray Geiger Sheriff Attorney General of Florida — Opinion August 21, 2003. RE: SHERIFF — CONTRABAND FORFEITURE — use of special law enforcement trust fund to pay costs of hosting sheriff’s conference. s. 932.7055, Fla. Stat. Contraband Forfeiture, sheriff’s annual conference. Charlie Crist Attorney General The Honorable Ray Geiger Sheriff, Nassau County 50 […]

Mr. Timothy P. Driscoll. Attorney General of Florida — Opinion. August 28, 2007 RE: GOVERNMENT IN THE SUNSHINE-MUNICIPALITIES-city commissioner exchanging documents with other commissioners on matter that will come before commission. s. 286.011, Fla. Stat. Mr. Timothy P. Driscoll 146 Second Street North Suite 202-A St. Petersburg, Florida 33701 BILL MCCOLLUM, Attorney General Dear Mr. […]

Chief Morrey Deen Ocala Police Department Attorney General of Florida — Opinion October 18, 1995 RE: GAMBLING — LOTTERIES — BINGO — CHARITABLE ORGANIZATIONS — NONPROFIT CORPORATIONS — For-profit corporation may sublease space to qualified charitable, nonprofit, or veterans’ organizations to conduct bingo operations but may not represent that it is a charity bingo operation; […]

Mr. Ralph C. Dell, General Counsel Attorney General of Florida — Opinion November 1, 1990 RE: HOSPITAL — COUNTY AGENCIES — VOTING CONFLICTS AND REQUIREMENTS — applicability of voting requirements to county hospital authority. s. 286.012, F.S. Voting requirements/county hospital authority Robert A. Butterworth Attorney General Mr. Ralph C. Dell, General Counsel Hillsborough County Hospital […]

Mr. Harold Bazzel Attorney General of Florida — Opinion October 3, 1997 Re: COURTS — JUVENILES — COURT COSTS — imposition of court costs for operation of teen court. ss. 39.019 and 318.121, Fla. Stat. (1996 Supp.). Court costs imposed for teen court operation Robert A. Butterworth Attorney General Mr. Harold Bazzel Bay County Clerk […]