Category: Florida Attorney General Opinions

Mr. John W. Bakas, Jr. Attorney General of Florida — Opinion July 23, 2008 RE: COUNCIL OF CHILDREN’S SERVICES — VOTING — JUDGES — TAXATION — whether judge, serving as member of children’s services council, may be counted in vote calculations for approval of millage rate. ss. 125.901 and 200.185, Fla. Stat. Mr. John W. […]

C. William Nelson, Chairman, House Appropriations Subcommittee II, Tallahassee Attorney General of Florida — Opinion February 17, 1975 RE: TAXATION AD VALOREM TAX BY WATER MANAGEMENT DISTRICTS — REQUIREMENT FOR REFERENDUM Ad valorem tax by water management district Robert L. Shevin, Attorney General Prepared by: David M. Hudson, Assistant Attorney General QUESTION: Does Art. VII, […]

John T. Brennan, City Attorney, Fort Pierce Attorney General of Florida — Opinion March 6, 1975 RE: SUNSHINE LAW ADMINISTRATIVE OFFICER INDIVIDUALLY CONSULTING WITH MEMBERS OF LEGISLATIVE BODY BEFORE PUBLIC MEETING Sunshine law and individually consulting Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General QUESTIONS: 1. Is it proper for […]

Mr. Douglas N. Burnett. Attorney General of Florida — Opinion August 25, 2010. RE: TAXATION — MILLAGE — SPECIAL DISTRICTS — special district’s ability to increase millage in subsequent year after having imposed no taxes. s. 200.065, Fla. Stat. Mr. Douglas N. Burnett St. Augustine — St. Johns County Airport Authority 509 Anastasia Boulevard St. […]

Dick Clark, Representative, 118th District, Miami Attorney General of Florida — Opinion June 29, 1976 RE: SOVEREIGN IMMUNITY LIMITATION ON CLAIMS AGAINST DADE COUNTY OR THE DADE COUNTY SCHOOL BOARD Limitation of claims against Dade County Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: Is the statutory limit on claims provided in the Florida […]

C. E. Duncan City Attorney Tavares Attorney General of Florida — Opinion March 20, 1979 Public service tax, utility services Joslyn Wilson Assistant Attorney General C. E. Duncan City Attorney Tavares QUESTION: May a municipality, under s. 166.232, F. S. (1978 Supp.), which authorizes the levy of the public service tax on a physical unit […]

A. H. Craig, Representative, 28th District, Tallahassee Attorney General of Florida — Opinion May 23, 1974 RE: MUNICIPALITIES STATE PREEMPTION OF REGULATION OF SALTWATER FISHING State preemption of regulation of saltwater fishing Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: Does s. 370.102, F.S., prohibit a municipality from enacting […]

Mr. Kenneth C. Jenne, II Attorney General of Florida — Opinion December 13, 1993 RE: GOVERNMENT IN THE SUNSHINE LAW — PUBLIC MEETINGS — PERSONNEL MATTERS — HOSPITAL DISTRICTS — SPECIAL DISTRICTS — applicability of Sunshine Law to personnel procedure of hospital district. s. 286.011, F.S. Sunshine Law/personnel procedure of hospital district Robert A. Butterworth […]

Honorable Kenneth M. Wilkinson Lee County Property Appraiser Attorney General of Florida — Opinion December 7, 1992 Homestead Valuation Robert A. Butterworth Attorney General Honorable Kenneth M. Wilkinson Lee County Property Appraiser QUESTION: 1. When does the amendment to s. 4, Art. VII, State Const., restricting homestead valuation become effective? 2. When does the limitation […]

J. A. Peacock, Jr., Clerk, Circuit Court, Blountstown Attorney General of Florida — Opinion September 9, 1975 RE: CIRCUIT COURT CLERKS MAY NOT CHARGE POSTAGE COSTS IN ADDITION TO STATUTORY FEE IN ABSENCE OF LEGISLATIVE AUTHORIZATION Charging postage fees Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General QUESTION: Is a […]

Sam A. Cornwell Attorney General of Florida — Opinion November 28, 1978 Tax collector, branch offices Robert L. Shevin, Attorney General Prepared by: William D. Townsend, Assistant Attorney General Sam A. Cornwell Manatee County Tax Collector Bradenton QUESTION: May a county tax collector, if he has a resolution duly adopted by the board of county […]

Mr. Robert K. Robinson. Attorney General of Florida — Opinion December 13, 2005 RE: MINORS — ADVISORY BOARDS — MUNICIPALITIES — minors serving on municipal boards. Minors serving on municipal boards Mr. Robert K. Robinson 2070 Ringling Boulevard Sarasota, Florida 34237 Charlie Crist, Attorney General Dear Mr. Robinson: As City Attorney for the City of […]

The Honorable Mary W. Morgan Attorney General of Florida — Opinion October 6, 1989 Referendum on impact fees Robert A. Butterworth Attorney General The Honorable Mary W. Morgan Supervisor of Elections Collier County Collier Government Complex 3301 Tamiami Trail East Naples, Florida 33962 Dear Ms. Morgan: As Supervisor of Elections of Collier County, you have […]

Gerald Holley Attorney General of Florida — Opinion August 28, 1978 Municipalities, entitlement to fines and forfeitures Robert L. Shevin, Attorney General Prepared by: Patricia S. Turner, Assistant Attorney General Gerald Holley Washington County Attorney J. L. Miner Clerk Circuit Court Chipley QUESTIONS: 1. May a municipality enact an ordinance which creates offenses against the […]

The Honorable Johnny M. Smith, Jr. Levy County Sheriff Attorney General of Florida — Opinion July 22, 2002 RE: PUBLIC RECORDS DOMESTIC VIOLENCE VICTIMS nature of identifying information requested to be kept confidential by victim of domestic violence. ss. 39.906, 119.07(3)(s) and 741.29(2), Fla. Stat. Information regarding identity of abuse victims Robert A. Butterworth Attorney […]

Ernest Ellison, Auditor General, Tallahassee Attorney General of Florida — Opinion September 22, 1976 RE: PUBLIC FUNDS PLACING OFFICER’S NAME ON OFFICIAL VEHICLE — AUTHORITY REQUIRED FOR SUCH EXPENDITURE Placing officer’s name on official vehicle Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General QUESTION: May an officer expend public funds […]

Mr. Gregory V. Beauchamp Levy County Attorney Attorney General of Florida — Opinion January 16, 1986 Definition of farm outbuilding Jim Smith Attorney General Mr. Gregory V. Beauchamp Levy County Attorney Post Office Box 306 Bronson, Florida 32621 Dear Mr. Beauchamp: This is in response to your request for an opinion on substantially the following […]

The Honorable Rita Garvey Attorney General of Florida — Opinion November 5, 1993 RE: GOVERNMENT IN THE SUNSHINE LAW — MUNICIPALITIES — COMMUNITY REDEVELOPMENT — meetings of chairman of community redevelopment agency with applicant to discuss terms of employment not subject to Sunshine Law if chairman possesses only fact-finding authority. s. 286.011 Meetings of chairman […]

Ernest Ellison Attorney General of Florida — Opinion April 26, 1978 Payment of travel expenses Robert L. Shevin, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Ernest Ellison Auditor General Tallahassee QUESTIONS: 1. Is it legally proper, and if so, under what circumstances, for a public officer to pay to a contracting party a […]

Mr. Joseph G. Jarret Attorney General of Florida — Opinion July 12, 2005 RE: COUNTIES — PUBLIC FUNDS — ATTORNEYS FEES — LAND USE — authority of county to pay attorney’s fees of citizen who successfully challenged the consistency of a development order with a comprehensive plan. ss. 57.105, 163.3215, Fla. Stat. County funds, payment […]

Ms. Gwen Schaper Attorney General of Florida — Opinion February 12, 1998 RE: LONG-TERM CARE OMBUDSMAN — ELDERLY AFFAIRS, DEPARTMENT OF — ADMINISTRATIVE AGENCIES — ombudsman’s authority to establish policies and directives, exercise budgetary control, and determine staffing needs for the Long-Term Care Ombudsman Program. ss. 400.061-067 and 400.087, Fla. Stat. Long-term care ombudsman, powers […]

Colonel Robert M. Brantly Attorney General of Florida — Opinion November 21, 1988 Agency contracting for private publication Robert A. Butterworth Attorney General Colonel Robert M. Brantly Executive Director Florida Game and Fresh Water Fish Commission Farris Bryant Building 620 So. Meridian Street Tallahassee, Florida 32399-1600 Dear Colonel Brantly: You have asked substantially the following […]

Mr. Gregory L. Coler Attorney General of Florida — Opinion August 8, 1988 Confidential information from HRS Robert A. Butterworth Attorney General Mr. Gregory L. Coler Secretary Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Dear Secretary Coler: You ask the following question: What are the necessary requirements for the district […]

Lee C. Conser, Orange County Court Judge, Orlando Attorney General of Florida — Opinion August 5, 1974 RE: UNIVERSITIES TRIAL OF CAMPUS TRAFFIC VIOLATIONS Trial of campus traffic violations Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: Which court has jurisdiction to try persons charged with violating the Board […]

Donald L. Tucker, Speaker, House of Representatives, Tallahassee Attorney General of Florida — Opinion February 11, 1975 RE: REGULATION OF PROFESSIONS PROPRIETY OF ORAL EXAMINATION GIVEN TO CANDIDATE FOR PROFESSIONAL LICENSURE Professional licensure and oral examination Robert L. Shevin, Attorney General Prepared by: James D. Whisenand, Assistant Attorney General QUESTIONS: 1. Does the use of […]

Mr. Everett Jones Attorney General of Florida — Opinion November 12, 1985 Disposal of abandoned or discarded weapons Jim Smith Attorney General Mr. Everett Jones General Counsel Florida Sheriffs Association Post Office Box 1487 Tallahassee, Florida 32302 Dear Mr. Jones: This is in response to your request for an opinion on substantially the following questions: […]

Ms. Virginia Wetherell Attorney General of Florida — Opinion April 10, 1997 RE: ENVIRONMENTAL PROTECTION, DEPARTMENT OF — WATER MANAGEMENT DISTRICT — WATER CONTROL-department not required to obtain permit to change hours of operation of lock. ss. 373.406, 373.413, Part IV, Ch. 373, Fla. Stat. Changing hours of operation of Buckman Lock Robert A. Butterworth […]

O. J. Keller, Secretary, Department of Health and Rehabilitative Services, Tallahassee Attorney General of Florida — Opinion March 6, 1975 RE: DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES MAY INVEST FUNDS OF INMATES OF CORRECTIONAL INSTITUTIONS AS TRUSTEE Investing funds of inmates Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: […]

Scott D. Wilson, Acting Director, Tampa Bay Regional Planning Council, St. Petersburg Attorney General of Florida — Opinion December 3, 1974 RE: SUNSHINE LAW REGIONAL PLANNING COUNCIL REVIEW OF DEVELOPMENT OF REGIONAL IMPACT APPLICATIONS Sunshine law and regional planning council Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General QUESTIONS: 1. […]

William F. Edwards, Citrus County Attorney, Inverness Attorney General of Florida — Opinion September 24, 1974 RE: TAXATION SPECIAL DISTRICTS — YEAR OF CREATION; PROPERTY SUBJECT TO TAXATION Special districts and property subject to taxation Robert L. Shevin, Attorney General Prepared by: Sydney H. McKenzie III, Assistant Attorney General, and David M. Hudson, Legal Intern […]

Honorable Jeremy Whatmough. Attorney General of Florida — Opinion. November 16, 2006 RE: DUAL OFFICEHOLDING — TRANSPORTATION DISADVANTAGED COMMISSION — MUNICIPALITIES — simultaneous service on city commission and Florida Transportation Disadvantaged Commission. s. 427.013, and Pt. I, Ch. 427, Fla. Stat.; Art. II, s. 5(a), Fla. Const. Dual officeholding, transportation disadvantaged comm. The Honorable Jeremy […]

Mr. Gavin W. O’Brien Attorney General of Florida — Opinion April 26, 1983 Eligibility for refund on motor fuel taxes Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Gavin W. O’Brien Attorney Manatee County School Board Post Office Box 9069 Bradenton, Florida 33506 Dear Mr. O’Brien. This is in response […]

W. W. Caldwell, Jr., City Attorney, Fort Lauderdale Attorney General of Florida — Opinion September 6, 1974 RE: MUNICIPAL COURTS PROCESS MAY BE SERVED ANYWHERE WITHIN COUNTY WHEREIN COURT LOCATED Municipal courts and service of process Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: Does the repeal of s. […]

Philip F. Ashler, State Treasurer and Fire Marshal, Tallahassee Attorney General of Florida — Opinion January 28, 1976 RE: FIRE PREVENTION DEFINITION OF “FIRE ALARM SYSTEMS” Definition of fire alarm systems Robert L. Shevin, Attorney General Prepared by: Barry Silber, Assistant Attorney General QUESTION: Do the definitions contained in s. 2, Ch. 75-240, Laws of […]

Mr. Edward J. Marko Attorney Attorney General of Florida — Opinion September 27, 1988 Setting fees in conflict with 287.055 F.S. Robert A. Butterworth Attorney General Mr. Edward J. Marko Attorney for the School Board of Broward County Post Office Box 4369 Fort Lauderdale, Florida 33338 Dear Mr. Marko: You have asked substantially the following […]

The Honorable Daniel M. Bodiford Attorney General of Florida — Opinion December 30, 1998 RE: CHILD SUPPORT — CLERK OF COURT — HIGHWAY SAFETY AND MOTOR VEHICLES, DEPARTMENT OF — obligation of clerk to send notice of delinquent child support to obligor. s. 61.13016, Fla. Stat. Child support, obligation to send delinquency notice Robert A. […]

Ms. Lourdes Alfonsin Ruiz. Attorney General of Florida — Opinion July 23, 2008 RE: MUNICIPALITIES — HISTORIC PRESERVATION — whether apartment buildings are “open to the public” for purposes of historic preservation tax exemption. s. 196.1961, Fla. Stat. Ms. Lourdes Alfonsin Ruiz Assistant City Attorney Office of the City Attorney City Hall, 405 Biltmore Way […]

Mr. Anthony A. Garganese Attorney General of Florida — Opinion September 2, 1997 RE: LAW ENFORCEMENT OFFICERS’ BILL OF RIGHTS — LAW ENFORCEMENT — MUNICIPALITIES — ability of city manager to participate in internal investigation of police officer. s. 112.533, Fla. Stat. City manager, internal investigation of police officer Robert A. Butterworth Attorney General Mr. […]

Paul D. Burch, Indian River County Attorney, Vero Beach Attorney General of Florida — Opinion May 10, 1974 RE: ZONING INVALIDITY OF CONDITIONAL ZONING ORDINANCE Conditional zoning ordinance Robert L. Shevin, Attorney General Prepared by: Sharyn Smith, Assistant Attorney General QUESTION: Is Indian River County Ordinance 71-3, as amended by Indian River County Ordinance 73-3, […]

The Honorable Jerry Hill State Attorney Attorney General of Florida — Opinion May 6, 1994 RE: ANIMALS — STATE ATTORNEY — hog dog field trial violates Animal Fighting Act and cruelty to animal statutes. ss. 828.12 and 828.122, F.S. Hog dog field trial violates Animal Fighting Act Robert A. Butterworth Attorney General The Honorable Jerry […]

Timothy McEvers, Chief of Police, Windermere Attorney General of Florida — Opinion January 24, 1975 RE: PUBLIC RECORDS POLICE RADIO LOGS Public records and police radio logs Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General QUESTION: Are municipal police radio logs public records for the purposes of s. 119.01, F.S.? […]

The Honorable Michael J. Satz Attorney General of Florida — Opinion May 11, 1982 Anti-nepotism; insurance contract Jim Smith, Attorney General Prepared by: Linda Lettera, Assistant Attorney General The Honorable Michael J. Satz State Attorney Seventeenth Judicial Circuit Suite 600 Broward County Courthouse Fort Lauderdale, Florida 33301 Dear Mr. Satz: This is in response to […]

J. Love Hutchinson Gadsden County Supervisor of Elections Quincy Attorney General of Florida — Opinion August 30, 1977 Dual officeholding, deputy sheriff Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason Assistant Attorney General QUESTIONS: 1. May a deputy sheriff serve simultaneously as mayor of a municipality where such mayor receives no compensation for […]

Mr. Robert L. Parks Attorney General of Florida — Opinion February 9, 2000 RE: LOBBYING — MIAMI RIVER COMMISSION — PUBLIC FUNDS — authority of Miami River Commission to hire lobbyist. s. 163.06, Fla. Stat. Miami River Commission, hiring lobbyist Robert A. Butterworth Attorney General Mr. Robert L. Parks Chair, Miami River Commission c/o Rosenstiel […]

Ms. Evett L. Simmons General Counsel, Attorney General of Florida — Opinion March 2, 1994 Re: FIRE CONTROL DISTRICTS — SPECIAL DISTRICTS — SOVEREIGN IMMUNITY — fire control district subject to waiver of sovereign immunity statute; authorized to obtain liability insurance. s. 768.28, Fla. Stat.; Ch. 59-1806, Laws of Florida. St. Lucie Ft Pierce Fire […]

William J. Page, Jr., Secretary, Department of Health and Rehabilitative Services, Tallahassee Attorney General of Florida — Opinion November 26, 1975 RE: PUBLIC MONEYS AUTHORITY OF STATE TO REQUIRE REIMBURSEMENT FOR CASH SHORTAGES CAUSED BY NEGLIGENCE OR ERROR BY STATE EMPLOYEES Reimbursements for cash shortages Robert L. Shevin, Attorney General Prepared by: Larry Levy, Assistant […]

Mr. Clifford M. Cail Attorney General of Florida — Opinion February 13, 1985 Definition of reexamination under 121.091 F.S. Jim Smith Attorney General Mr. Clifford M. Cail Chairman State Retirement Commission Room 530 Carlton Building Tallahassee, Florida 32301 Dear Mr. Cail: This is in response to your request for an opinion on substantially the following […]

Lori Wilson, Senator, 16th District, Merritt Island Attorney General of Florida — Opinion June 17, 1975 RE: PUBLIC RECORDS LAW STATE EMPLOYEE MAY HAVE ACCESS TO PUBLIC RECORDS State employee’s access to public records Robert L. Shevin, Attorney General Prepared by: Staff QUESTIONS: 1. Is a state employee a citizen of Florida for the purposes […]

Ms. Anabel P. Mitchell Attorney General of Florida — Opinion October 26, 1983 Revocation of parole Jim Smith, Attorney General Prepared by: Jason Vail, Assistant Attorney General Ms. Anabel P. Mitchell Chairman Florida Parole and Probation Commission 1309 Winewood Boulevard Building 6 Tallahassee, Florida 32301 Dear Ms. Mitchell: This is in response to your request […]

Honorable Murray A. Bronson Tax Collector Osceola County Attorney General of Florida — Opinion November 9, 1992 Levying an occupational license tax Robert A. Butterworth Attorney General Honorable Murray A. Bronson Tax Collector Osceola County QUESTION: Does s. 205.065, F.S. (1992 Supp.), prohibit a county from levying an occupational license tax on a business regulated […]

Mr. J. Jeffry Wahlen Attorney General of Florida — Opinion May 21, 2008. Mr. J. Jeffry Wahlen Leon County School Board Attorney Ausley McMullen Post Office Box 391 Tallahassee, Florida 32302 BILL McCOLLUM, Attorney General Dear Mr. Wahlen: On behalf of the School Board of Leon County, you ask the following question: Must the school […]

Ms. Donna Reynolds Attorney General of Florida — Opinion January 14, 1987 Report of human rights group as public record Robert A. Butterworth Attorney General Ms. Donna Reynolds Chairperson District V, Human Rights Advocacy Committee c/o Morton Plant Hospital 323 Jeffords Street Clearwater, Florida 33516 Dear Ms. Reynolds: This is in response to your request […]

State legislator Attorney General of Florida — Opinion February 7, 1974 RE: STANDARDS OF CONDUCT LAW — WHEN DISCLOSURE STATEMENT REQUIRED Standards of conduct law and disclosure Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General, and Gerald L. Knight, Legal Research Assistant QUESTION: Must an attorney-legislator file a sworn statement, […]

Mr. Michael A. Rider Glades County Attorney Attorney General of Florida — Opinion November 14, 1989 Municipal service benefit unit Robert A. Butterworth Attorney General Mr. Michael A. Rider Glades County Attorney Post Office Box 608 Lake Placid, Florida 33852 Dear Mr. Rider: You have asked substantially the following questions: 1. May an employee, paid […]

Lisa N. Hodapp Assistant City Attorney Attorney General of Florida — Opinion April 26, 1991 Charging of Fees for Recording Liens Robert A. Butterworth Attorney General Lisa N. Hodapp Assistant City Attorney City of Lauderhill QUESTION: Is the City of Lauderhill authorized to assess, by ordinance, an administrative charge to cover the costs of recording […]

The Honorable Dorothy H. Wilken Attorney General of Florida — Opinion September 30, 1994 Does “assist” require clerk to provide assistance Robert A. Butterworth Attorney General The Honorable Dorothy H. Wilken Clerk of the Circuit Court Post Office Box 229 West Palm Beach, Florida 33402-0229 Dear Ms. Wilken: You ask substantially the following question: Does […]

Ms. Emeline C. Acton Attorney General of Florida — Opinion February 12, 2001 RE: PUBLIC RECORDS — ELECTIONS — VOTER REGISTRATION — ABSENTEE BALLOTS — exemption afforded by s. 97.0585, Fla. Stat., for voter signature, social security number and telephone number applies to voter registration records, not absentee ballot envelopes. ss. 119.07, 97.0585, Fla. Stat. […]

Robert B. Cook, Attorney for Port of Palm Beach, Riviera Beach Attorney General of Florida — Opinion March 6, 1975 RE: PUBLIC FUNDS POWER TO INVEST IN CERTIFICATES OF DEPOSIT Investing public funds in certificates of deposits Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: May the Board of […]

Mr. Randy Ludacer Attorney General of Florida — Opinion April 3, 1990 RE: COUNTIES — TAXATION — imposition by county of additional requirements for issuance of occupational license tax Occupational license tax, county imposition Robert A. Butterworth Attorney General Mr. Randy Ludacer County Attorney Monroe County 310 Fleming Street, Room 29 Key West, Florida 33040 […]

Mr. Christopher C. Ford Attorney General of Florida — Opinion February 24, 1981 Loan of county funds Jim Smith, Attorney General Prepared by: William D. Hall, Jr., Assistant Attorney General Mr. Christopher C. Ford County Attorney Lake County QUESTION: May the Lake County Board of County Commissioners loan money to a tax supported fire district […]

Robert L. Nabors Brevard County Attorney Attorney General of Florida — Opinion December 21, 1979 Employees of contractors; licenses Frank A. Vickory Assistant Attorney General Robert L. Nabors Brevard County Attorney Titusville QUESTION: Does a county have the authority to require employees of state-certified contractors to comply with its local licensing and testing requirements? SUMMARY: […]

Mr. Leonard L. Melton, Jr. Attorney General of Florida — Opinion November 10, 1983 Building permits for state projects Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Leonard L. Melton, Jr. Interim Executive Director Department of General Services The Larson Building Tallahassee, Florida 32301 Dear Mr. Melton: This is in response […]

Mr. Patrick A. Barry Attorney General of Florida — Opinion November 8, 2002 RE: SPECIAL ASSESSMENTS — SPECIAL DISTRICTS — AIRPORT AUTHORITY — absent legislative grant, airport authority may not impose special assessment. Airport authority, imposition of special assessments Richard E. Doran Attorney General Mr. Patrick A. Barry Boca Raton Airport Authority 200 East Broward […]

Mr. Edwin Peck Attorney General of Florida — Opinion December 7, 1983 Transfer of power by municipality Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Edwin Peck Town Attorney Town of North Redington Beach 9165 U.S. 19 North Pinellas Park, Florida 33565 Dear Mr. Peck: This is in response to your […]

Mr. George W. Baldwin General Counsel Attorney General of Florida — Opinion September 25, 1996 RE: MUNICIPALITIES — ANNEXATION — ROADS AND HIGHWAYS — STATE ROADS — annexation of roads and highways. s. 171.0413(5), Fla. Stat. (1996 Supp.). Annexation, inclusion of public roads Robert A. Butterworth Attorney General Mr. George W. Baldwin General Counsel Village […]

Ms. Elizabeth M. Hernandez Attorney General of Florida — Opinion September 25, 2001 RE: CONTRABAND FORFEITURE-MUNICIPALITIES-LAW ENFORCEMENT-loan of municipal funds to contraband forfeiture fund. ss. 932.701–932.704, Fla. Stat. Loan of municipal funds to contraband forfeiture fund Robert A. Butterworth Attorney General Ms. Elizabeth M. Hernandez Coral Gables City Attorney Post Office Box 141549 Coral Gables, […]

Ernest Ellison, Auditor General, Tallahassee Attorney General of Florida — Opinion October 11, 1976 RE: COUNTIES EMPLOYMENT OF COUNTY ATTORNEY NOT ALLOCATING PAYMENT BETWEEN SALARY AND EXPENSES IS LAWFUL; RETIREMENT CREDIT Salary of county attorney Robert L. Shevin, Attorney General Prepared by: Larry Levy, Assistant Attorney General QUESTION: May the Board of County Commissioners of […]

The Honorable Buddy Irby Clerk of the Circuit Court Attorney General of Florida — Opinion July 11, 1994 RE: CLERKS OF COURT — RECORDS — service charge imposed for records in clerk’s possession. s. 28.001, 28.24(8)(a), Fla. Stat. (1994 Supp.). Service charge for records in clerk’s possession Robert A. Butterworth Attorney General The Honorable Buddy […]

Charles J. Scriven, Chairman, Florida Parole and Probation Commission, Tallahassee Attorney General of Florida — Opinion August 31, 1976 RE: PAROLE AND PROBATION COMMISSION POWER TO EXEMPT PAROLEES AND PROBATIONERS FROM PAYMENT OF $10 MONTHLY SUPERVISION FEE Power to exempt parolees from supervision fee Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant […]

Lori Wilson, Senator, 16th District, Gwendolyn S. Cherry, Representative, 106th District, and Elaine Gordon, Representative, 98th District, Tallahassee Attorney General of Florida — Opinion May 21, 1974 RE: PUBLIC OFFICERS AND EMPLOYEES MEDICAL INSURANCE — WAITING PERIOD AS PRECONDITION FOR MATERNITY BENEFITS Maternity leave and medical insurance Robert L. Shevin, Attorney General Prepared by: Sharyn […]

Mr. Patrick G. Gilligan Attorney General of Florida — Opinion May 9, 2001 RE: MEDICAL RECORDS — MUNICIPALITIES — access to patient records at city-owned clinic. s. 456.057, Fla. Stat. Records, access to patient records at city clinic Robert A. Butterworth Attorney General Mr. Patrick G. Gilligan Ocala City Attorney 7 East Silver Springs Boulevard […]

Mr. Rene G. VanDeVoorde Attorney General of Florida — Opinion January 3, 1986 Reimbursement to board members for travel Jim Smith Attorney General Mr. Rene G. VanDeVoorde General Counsel Sebastian Inlet Tax District 1327 N. Central Avenue Post Office Box 308 Sebastian, Florida 32958-0308 Dear Mr. VanDeVoorde: This is in response to your request for […]

J. Jackson Walter Attorney General of Florida — Opinion February 27, 1979 Cigarette tax; contraband, penalty and disposition Edwin J. Stacker Assistant Attorney General J. Jackson Walter Executive Director Department of Business Regulation Tallahassee QUESTIONS: 1. Under s. 210.18(6)(a), F. S., do officers of the Division of Alcoholic Beverages and Tobacco have discretion to either […]

Harvey Ruvin, Chairman, South Florida Regional Planning Council, Miami Attorney General of Florida — Opinion March 6, 1975 RE: ADMINISTRATIVE PROCEDURE ACT APPLICABILITY TO REGIONAL PLANNING COUNCIL’S DECISION TO APPEAL LOCAL GOVERNMENT DEVELOPMENT ORDER Administrative procedure act and local government order Robert L. Shevin, Attorney General Prepared by: James D. Whisenand, Assistant Attorney General QUESTIONS: […]

Mr. Joseph R. Boyd. Attorney General of Florida — Opinion. November 21, 2007 RE: CLERKS OF COURT — FINES — FEES — FLORIDA CLERKS OF COURT OPERATIONS CORPORATION — COLLECTIONS — authority of clerks of court to assess administrative costs when debt to office referred to collection agent. ss. 28.246, 28.35, Fla. Stat.; Art. VIII, […]

J. H. Hudson, Wakulla County Attorney, Crawfordville Attorney General of Florida — Opinion June 20, 1974 RE: COUNTY ROADS TITLE TO ROAD CONSTRUCTED AND MAINTAINED BY COUNTY Title to road constructed and maintained by county Robert L. Shevin, Attorney General Prepared by: Michael Parrish, Assistant Attorney General QUESTION: Does a county which has constructed a […]

Mr. Franz Eric Dorn Attorney General of Florida — Opinion October 1, 1998 RE: MUNICIPALITIES — RECORDS — ATTORNEYS — contract attorney serving as city attorney, duty to surrender files at expiration of contract. s. 119.05, Fla. Stat. Records — surrender of files by former city attorney Robert A. Butterworth Attorney General Mr. Franz Eric […]

The Honorable Gerald Lewis and Mr. Milton J. Wallace Attorney General of Florida — Opinion August 13, 1990 RE: HOUSING FINANCE AUTHORITIES — SAVINGS BANKS — housing finance authority not authorized to establish, own and operate a savings bank. s. 159.608, F.S.; Part IV, Ch. 159, F.S. Housing finance authority Robert A. Butterworth Attorney General […]

Mr. Paul G. Komarek Attorney General of Florida — Opinion September 24, 1982 Authority to regulate fishing on the beach Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Paul G. Komarek Town Attorney Town of Mexico Beach Post Office Box 2334 Panama City, Florida 32401 Dear Mr. Komarek: This is […]

Ms. Elizabeth M. Hernandez. Attorney General of Florida — Opinion. June 29, 2006 RE: LAW ENFORCEMENT — LAW ENFORCEMENT OFFICERS BILL OF RIGHTS — MUNICIPALITIES — triggering of beginning of time period in which an investigation must be completed. ss. 112.532 and 112.533, Fla. Stat. Law Enforcement Officers’ Bill of Rights Ms. Elizabeth M. Hernandez […]

David K. Deitrich, City Attorney, Holmes Beach Attorney General of Florida — Opinion August 1, 1974 RE: MUNICIPALITIES CONSOLIDATION OF POLICE FORCES OF TWO MUNICIPALITIES Consolidation of police forces of two cities Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: May two adjoining municipalities create a consolidated police department […]

Mr. Randall N. Thornton Sumter County Attorney Attorney General of Florida — Opinion December 30, 1988 use of discretionary surtax for construction Robert A. Butterworth Attorney General Mr. Randall N. Thornton Sumter County Attorney 209 North Florida Street Bushnell, Florida 33513 Dear Mr. Thornton: You have asked substantially the following question: Is Sumter County authorized […]

Charles J. Scriven Chairman Florida Parole and Probation Commission Tallahassee Attorney General of Florida — Opinion July 26, 1977 Duty to interview inmates for parole consideration Robert L. Shevin, Attorney General Prepared by: Jerald S. Price Assistant Attorney General QUESTION: Has the Florida Parole and Probation Commission’s statutory responsibility to interview eligible inmates for parole […]

M. R. Stierheim, Pinellas County Administrator, Clearwater Attorney General of Florida — Opinion March 13, 1974 RE: CONFLICT OF INTEREST — EFFECT OF PERSON RETAINED AS COUNTY LIAISON WITH STATE GOVERNMENT ALSO SELLING COMMODITIES TO COUNTY BY COMPETITIVE BID Conflict of interests and competitive bids Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, […]

Mr. Mark Scruby. Attorney General of Florida — Opinion December 28, 2010. RE: MUNICIPAL SERVICES BENEFIT DISTRICT — COUNTIES — TERM OF OFFICE — VACANCIES — whether expiration of term of office creates vacancy. s. 3, Art. X, Fla. Const.; s. 114.01(1), Fla. Stat.; Ch. 86-392 and 2010-268, Laws of Fla. Mr. Mark Scruby Clay […]

The Honorable Alvin J. Taylor Attorney General of Florida — Opinion April 14, 1981 Chiropractors exempting children from immunizations Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General The Honorable Alvin J. Taylor Secretary, Department of Health and Rehabilitative Services QUESTION: Is a chiropractic physician licensed pursuant to ch. 460 a `competent […]

Mr. John W. Bowen Attorney General of Florida — Opinion March 30, 1999 RE: SCHOOLS — MUNICIPALITIES — transportation of school children to municipal after-school care program. s. 234.211, Fla. Stat. Transportation of children to city after-school program Robert A. Butterworth Attorney General Mr. John W. Bowen Pinellas County School Board Attorney Post Office Box […]

Herman A. Heise Attorney General of Florida — Opinion September 19, 1978 Community colleges, trustees, proxy voting Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General Herman A. Heise President Board of Trustees of Indian River Community College Fort Pierce QUESTIONS: 1. Is it possible for an absent board member ot […]

Mr. Stephen A. Melnick Legal Advisor Boca Raton Police Services Attorney General of Florida — Opinion November 4, 1996 RE: ARRESTS — LAW ENFORCEMENT OFFICERS — BATTERY — warrantless arrest by law enforcement officer for battery. s. 901.15(7)(a), Fla. Stat., as amended by s. 4, Ch. 96-215, Laws of Florida; s. 8, Ch. 96-392, Laws […]

Mr. Geoffrey B. Dobson St. Augustine City Attorney Attorney General of Florida — Opinion April 6, 1995 RE: FIRE SAFETY — MUNICIPALITIES — PUBLIC UTILITIES — municipality may not disconnect water service, absent a court order, such that preengineered fire protection system would be disabled. s. 633.171, F.S. Disconnect/water service would disable fire protection Robert […]

Randy Miller Attorney General of Florida — Opinion November 27, 1979 Severance tax, solid minerals William D. Townsend Assistant Attorney General Randy Miller Executive Director Department of Revenue Tallahassee QUESTION: In view of the omission of s. 4 of Ch. 77-406, Laws of Florida, from the 1977 publication of the Florida Statutes, are all taxpayers […]

Richard L. Galeta, D.D.S. Attorney General of Florida — Opinion January 27, 1989 Husband and wife can serve on council Robert A. Butterworth Attorney General Richard L. Galeta, D.D.S. Councilman Lake Clarke Shores 8315 Pinetree Lane Lake Clarke Shores, Florida 33406 Dear Dr. Galeta: You ask for my opinion on substantially the following question: Are […]

L. Michael Milbrath Attorney General of Florida — Opinion December 10, 1982 Special assessments for funding county services Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General To: L. Michael Milbrath County Attorney Marion County QUESTION: May the Board of County Commissioners of Marion County levy and collect special assessments pursuant to s. […]

William R. Snow, City Manager, Winter Park Attorney General of Florida — Opinion August 5, 1974 RE: CONSULTANTS’ COMPETITIVE NEGOTIATION ACT INAPPLICABILITY TO SOLID WASTE MANAGEMENT CONSULTING FIRM Consultants competitive negotiation act Robert L. Shevin, Attorney General Prepared by: David LaCroix, Assistant Attorney General QUESTION: Does the Consultants’ Competitive Negotiation Act, s. 287.055, F.S., apply […]

Arthur H. Rude, Representative, 85th District, Pompano Beach Attorney General of Florida — Opinion March 25, 1974 RE: SUNSHINE LAW — INVESTIGATIVE INQUIRY BY STATE AGENCY — PUBLIC RECORDS — TRANSCRIPT OF INVESTIGATIVE INQUIRY BY STATE AGENCY — LEGISLATIVE ACCESS Agency investigations and sunshine law Robert L. Shevin, Attorney General Prepared by: Jan Dunn, Assistant […]

Mr. David C. Brown Attorney General of Florida — Opinion July 13, 1984 Issuing occupational license in unincorporated area Jim Smith Attorney General Mr. David C. Brown Chairman Board of County Commissioners Collier County Collier County Courthouse Complex Naples, Florida 33962-4977 Dear Mr. Brown: This is in response to your request for an Attorney General […]

Ms. Karla A. Stetter Attorney General of Florida — Opinion February 2, 1996 RE: COUNTIES — SEWERAGE TREATMENT AND DISPOSAL SYSTEMS — power of county to enforce mandatory hookup to sewerage treatment and disposal systems. s. 381.00655, Fla. Stat. (1995). County’s enforcement of mandatory sewer hookups Robert A. Butterworth Attorney General Ms. Karla A. Stetter […]

Honorable Charles H. Hood Attorney General of Florida — Opinion March 4, 1982 Distribution of excess in tax sale Jim Smith, Attorney General Prepared by: E. Wilson Crump, II, Assistant Attorney General Honorable Charles H. Hood Clerk of the Circuit Court Putnam County P.O. Box 758 Palatka, Florida 32077 Dear Mr. Hood: This is in […]

Fred R. Dudley Lee County Attorney Attorney General of Florida — Opinion February 1, 1991 Public Records Robert A. Butterworth Attorney General Fred R. Dudley Lee County Attorney for Clerk of Court QUESTION: Are records created under ss. 394.459(9), 396.112, and 397.053, F.S., which are possessed by the clerk of court, public records subject to […]

Honorable Marsha M. Faux. Attorney General of Florida — Opinion April 1, 2008 RE: TAXATION — PROPERTY APPRAISER — HOMESTEAD EXEMPTION — separate homestead exemption on residence of one dependent upon individual who lives with spouse in primary residence which receives homestead exemption. Art. VII, s. 6, Fla. Const.; s. 196.031, Fla. Stat. The Honorable […]