Category: Florida Attorney General Opinions

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 […]

Richard Wayne Grant, City Attorney, Marianna Attorney General of Florida — Opinion October 7, 1974 RE: MUNICIPALITIES FIRE PROTECTION BEYOND MUNICIPAL BOUNDARIES Fire protection beyond municipal boundaries Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTIONS: 1. May the City of Marianna unilaterally extend fire protection beyond its municipal boundaries? […]

Mr. William G. Wetzel, Jr. City Attorney Attorney General of Florida — Opinion March 10, 1986 Use of vacation leave for military leave Jim Smith Attorney General Mr. William G. Wetzel, Jr. City Attorney City of Hialeah 501 Palm Avenue Hialeah, Florida 33010 Attention: Mr. Richard W. Gross Deputy City Attorney Dear Mr. Wetzel: This […]

W. E. Knowles, City Manager, Sanford Attorney General of Florida — Opinion July 22, 1974 RE: COUNTY COURTS ASSESSMENT OF COSTS AGAINST MUNICIPALITIES IN TRIALS OF VIOLATIONS OF MUNICIPAL ORDINANCES Costs of trials involving municipal ordinances Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: Can a municipality which has […]

Mr. James C. Brady Attorney General of Florida — Opinion May 6, 2009 RE: LOCAL GOVERNMENT CODE ENFORCEMENT — MUNICIPALITIES — use of initial violation to charge repeat violation. s. 162.06, Fla. Stat. Mr. James C. Brady City Attorney City of Lauderdale Lakes 200 East Las Olas Boulevard Suite 1700 Fort Lauderdale, Florida 33301 Bill […]

Chief Dorene Thomas Pinellas Park Chief of Police Attorney General of Florida — Opinion December 15, 2003 RE: LAW ENFORCEMENT OFFICER’S BILL OF RIGHTS — INTERROGATION — INVESTIGATION — LAW ENFORCEMENT OFFICERS — DISCIPLINARY ACTIONS — interrogation of law enforcement officers. ss. 112.532 and 112.533, Florida Statutes, as amended by Chapter 2003-149, Laws of Florida. […]

Mr. David W. Rynders City Attorney Attorney General of Florida — Opinion September 2, 1986 Retirement plans for elected officers Jim Smith Attorney General Mr. David W. Rynders City Attorney City of Naples 735 Eighth Street, South Naples, Florida 33940 Dear Mr. Rynders: This is in response to your request for an opinion on questions […]

Ms. Julie O. Bru. Attorney General of Florida — Opinion June 19, 2009 RE: COMMUNITY REDEVELOPMENT AGENCY — TRUST FUNDS — MUNICIPALITIES — TAXATION — whether community redevelopment agency authorized to expend trust funds for private capital improvement project. ss. 163.370 and 163.387, Fla. Stat. Ms. Julie O. Bru City Attorney City of Miami 444 […]

R. William Rutter, Jr., Acting Palm Beach County Attorney, West Palm Beach Attorney General of Florida — Opinion March 18, 1975 RE: COUNTIES POWER TO VACATE SUBDIVISION ON OWN MOTION Counties and power to vacate subdivision on own motion Robert L. Shevin, Attorney General Prepared by: Zollie M. Maynard, Jr., Assistant Attorney General QUESTION: May […]

Mr. G. Kenneth Gilleland Attorney General of Florida — Opinion May 11, 1982 Hunting license exemption based on age Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistant Attorney General Mr. G. Kenneth Gilleland General Counsel Florida Game and Fresh Water Fish Commission 620 South Meridian Street Tallahassee, Florida 32301 Dear Mr. Gilleland: This is […]

Mr. Albert R. Cook Attorney General of Florida — Opinion March 22, 1984 Police officer/ dual officeholding Jim Smith Attorney General Mr. Albert R. Cook City Attorney City of Longwood 394 South U.S. Highway 17-92 Post Office Box 895 Casselberry, Florida 32707 Dear Mr. Cook: This is in response to your request for an opinion […]

The Honorable Charlie Green Attorney General of Florida — Opinion June 24, 2005 RE: RECORDS — SOCIAL SECURITY NUMBER — OFFICIAL RECORDS — CLERK OF COURT — COUNTIES — confidentiality of social security number contained in document recorded in Official Records. ss. 28.222, 119.07(6)(gg) and 119.0721, Fla. Stat. Official Records, social security number Charlie Crist […]

Mr. Samuel S. Goren Attorney General of Florida — Opinion July 14, 1998 RE: REGIONAL PLANNING COUNCIL — LAND USE — FEDERAL GOVERNMENT — council is government agency authorized to enter into grant agreement with federal government regarding development. ss. 186.502 and 186.505, Fla. Stat. Regional Planning Council, federal grant Robert A. Butterworth Attorney General […]

Mr. Randy Miller Attorney General of Florida — Opinion October 5, 1982 Notice of special assessments Jim Smith, Attorney General Prepared by: J. Terrell Williams, Assistant Attorney General Mr. Randy Miller Executive Director Department of Revenue Carlton Building Tallahassee, Florida 32301 Dear Mr. Miller: This opinion is in response to your request for our interpretation […]

Mr. Bruce R. Conroy City Attorney Attorney General of Florida — Opinion March 10, 1993 RE: MUNICIPALITIES — CONVENIENCE BUSINESS SECURITY ACT — preemption of convenience business security act applicable to municipalities. ss. 812.1701–812.175, F.S. (1992 Supp.) Preemption of convenience business security act Robert A. Butterworth Attorney General Mr. Bruce R. Conroy City Attorney, City […]

Randy Miller Attorney General of Florida — Opinion July 16, 1980 Tangible personal property owned by state Jim Smith, Attorney General Prepared by: William D. Townsend, Assistant Attorney General Randy Miller Executive Director, Department of Revenue Tallahassee QUESTION: Is a state agency required by state law to file in the county where the property is […]

Vince Fechtel, Jr., Representative, 34th District, Leesburg Attorney General of Florida — Opinion February 27, 1974 RE: TAXATION — AD VALOREM TAX POWERS OF SPECIAL DISTRICTS Ad valorem tax and special districts Robert L. Shevin, Attorney General Prepared by: Sydney H. McKenzie III, Assistant Attorney General, and Susan Potter, Legal Intern QUESTION: Does the Florida […]

Mr. Allen J. Levin Attorney General of Florida — Opinion May 15, 1985 Authority to purchase membership in yacht club Jim Smith Attorney General Mr. Allen J. Levin Legal Counsel Port Charlotte-Charlotte Harbor Fire Control District 3440 Conway Boulevard Port Charlotte, Florida 33952 Dear Mr. Levin: This is in response to your request for an […]

Mr. E.D. “Sonny” Vergara Attorney General of Florida — Opinion April 22, 2002 RE: GOVERNMENT IN THE SUNSHINE LAW — PUBLIC MEETINGS — WATER MANAGEMENT DISTRICT — INTERNET — MEETINGS — use of computers to conduct water management district meetings with access to public given through Internet. S. 286.011, Fla. Stat. Sunshine Law, conducting district […]

Peter A. Petracco Chief of Police Attorney General of Florida — Opinion September 12, 1991 Three-day Waiting Period Robert A. Butterworth Attorney General Peter A. Petracco Chief of Police City of Boca Raton Police Department QUESTION: Is a law enforcement officer, purchasing a handgun at a retail, subject to the mandatory three-day waiting period between […]

Hubert C. Normile, Jr. Satellite Beach City Attorney Melbourne Attorney General of Florida — Opinion December 20, 1977 Municipalities, annexation, referendum Robert L. Shevin, Attorney General Prepared by: Jerald S. Price Assistant Attorney General QUESTIONS: 1. Is a referendum as required under s. 171.0413, F. S. (1976 Supp.), necessary when a voluntary annexation ordinance is […]

Mr. David W. Wagner Attorney General of Florida — Opinion September 8, 2000 RE: COUNTIES — TAXATION — TOURIST DEVELOPMENT TAX — use of tourist development tax revenues for welcome signs and islands. s. 125.0104, Fla. Stat. Tourist Development Tax, welcome signs Robert A. Butterworth Attorney General Mr. David W. Wagner Alachua County Attorney Post […]

W. Gray Dunlap, Pinellas County Attorney, Clearwater Attorney General of Florida — Opinion August 28, 1975 RE: TAXATION TAX REFUND — WHETHER MADE IN ONE PAYMENT OR IN SEPARATE PAYMENTS BY EACH TAXING AUTHORITY Taxation and refund payments Robert L. Shevin, Attorney General Prepared by: J. Kendrick Tucker, Assistant Attorney General, and Marva Davis, Legal […]

The Honorable Alfred Lawson Representative Attorney General of Florida — Opinion March 29, 1993 RE: FIREWORKS — STATE FIRE MARSHALL: sale of fireworks to consumers in state; shipping fireworks directly out of state by registered manufacturers, distributors, or wholesalers. s. 791.04, F.S. Sale of fireworks to consumers in state Robert A. Butterworth Attorney General The […]

Ms. Jackie Brack Attorney General of Florida — Opinion May 26, 1993 RE: MUNICIPALITIES — TAXATION — PUBLIC SERVICES TAX — STATE — COUNTIES: municipality may not require state or county to pay tax, absent statutory or constitutional authority. s. 166.231, F.S. Municipality/not require state or county to pay tax Robert A. Butterworth Attorney General […]

David H. Pingree Attorney General of Florida — Opinion June 27, 1979 Use of funds to pay for senior companion Craig B. Willis Assistant Attorney General David H. Pingree Secretary Department of Health and Rehabilitative Services Tallahassee QUESTION: Does the Department of Health and Rehabilitative Services have the authority to expend or use money or […]

Norman D. Tripp, Attorney for Broward County Fire Control Commission, Fort Lauderdale Attorney General of Florida — Opinion September 23, 1976 RE: SPECIAL DISTRICTS WHEN UNIFORM FISCAL YEAR MUST BE ADOPTED Uniform fiscal year Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: Is the Broward County Fire Control Commission, […]

Mr. Henry L. Sheffield Fire Chief Braden River Fire District Attorney General of Florida — Opinion January 8, 1992 Impact Fees/Creation of District Robert A. Butterworth Attorney General Mr. Henry L. Sheffield Fire Chief Braden River Fire District QUESTION: 1. Is the Braden River Fire Control and Rescue District authorized to create a system of […]

Mr. Herbert Elliot Attorney General of Florida — Opinion June 22, 1983 Alternate members for civil service board Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Herbert Elliot City Attorney City of Tarpon Springs Suite 17, 101 West Court Street Post Office Box 1575 Tarpon Springs, Florida 33589 Dear Mr. Elliot: […]

John Atkinson Attorney General of Florida — Opinion July 15, 1980 Overdue charge on patient accounts Jim Smith, Attorney General Prepared by: Craig B. Willis, Assistant Attorney General John Atkinson Chairman, Hospital Board of Directors of Lee County Fort Myers QUESTION: May the Hospital Board of Directors of Lee County, a special-purpose unit of local […]

Talbot D’Alemberte Chairman Florida Constitution Revision Commission Tallahassee Attorney General of Florida — Opinion July 5, 1977 Constitutional Revision Commission, delegation powers Robert L. Shevin, Attorney General Prepared by: Jerald S. Price Assistant Attorney General QUESTION: Does Ch. 77-201, Laws of Florida (s. 286.035, F. S.), which authorizes the chairman of the Constitution Revision Commission […]

Ms. Lenora H. Harman Attorney General of Florida — Opinion July 14, 1981 Continental breakfast; reimbursement Jim Smith, Attorney General Prepared by: William D. Hall, Jr., Assistant Attorney General Ms. Lenora H. Harman Executive Director, Judicial Administrative Commission QUESTION: If a traveler attends a function where the cost of a continental breakfast is included in […]

Mr. David Monaco General Counsel Attorney General of Florida — Opinion March 24, 1993 RE: SOVEREIGN IMMUNITY — MUNICIPALITIES — COUNTIES — INTERLOCAL AGREEMENTS — CORPORATIONS: sovereign immunity of private corporation acting as member of water supply cooperative. s. 163.01 and s. 768.28, F.S. (1992 Supp.). Sovereign immunity of private corporation Robert A. Butterworth Attorney […]

David L. Reid, Palm Beach County Tax Assessor, West Palm Beach Attorney General of Florida — Opinion August 6, 1974 RE: TAXATION EXEMPTIONS — DEFINITION OF PERSON “TOTALLY AND PERMANENTLY DISABLED” Definition of totally and permanently disabled Robert L. Shevin, Attorney General Prepared by: Sydney H. McKenzie III, Assistant Attorney General, and Susan Potter, Legal […]

Bruce Smathers, Secretary of State, Tallahassee Attorney General of Florida — Opinion February 16, 1976 RE: PUBLIC RECORDS LAW USE OF COMPUTER TERMINAL TO MAKE RECORDS AVAILABLE WITHOUT CHARGING FEE Use of computer terminal and public records Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General QUESTION: Will providing access to […]

Louie L. Wainwright, Secretary, Department of Offender Rehabilitation, Tallahassee Attorney General of Florida — Opinion May 28, 1976 RE: DEPARTMENT OF OFFENDER REHABILITATION POWER TO INCARCERATE SUSPECTED PAROLE VIOLATORS Power to incarcerate suspected parole violators Robert L. Shevin, Attorney General Prepared by: Thomas M. Beason, Assistant Attorney General QUESTION: What authority does the Department of […]

The Honorable Tom Gallagher Attorney General of Florida — Opinion April 12, 1994 Florida Windstorm Underwriting Assoc./Sunshine Law Robert A. Butterworth Attorney General The Honorable Tom Gallagher Office of the Treasurer Department of Insurance The Capitol Tallahassee, Florida 32399-0300 Dear Mr. Gallagher: You ask the following question: Is the Florida Windstorm Underwriting Association subject to […]

Mr. Scott R. Christiansen Town Attorney Attorney General of Florida — Opinion August 24, 1989 Land development regulations and zoning Robert A. Butterworth Attorney General Mr. Scott R. Christiansen Town Attorney for Town of Longboat Key 700 Sarasota Quay Sarasota, Florida 34236 Dear Mr. Christiansen: As Town Attorney for the Town of Longboat Key you […]

Mr. John H. Werner Attorney General of Florida — Opinion August 23, 1983 Dual office holding; position on two boards Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. John H. Werner General Counsel Broward County Community Mental Health Board, Inc. District X 221 West Oakland Park Boulevard Fort Lauderdale, Florida 33311 […]

Ms. Lisa Zima Bosch. Attorney General of Florida — Opinion. March 23, 2007 RE: COUNTIES-TRAFFIC CONTROL-ATVs-authority of county to partially opt out of s. 316.2123, Fla. Stat., regarding the use of ATVs on certain roadways. Ms. Lisa Zima Bosch Interim Flagler County Attorney 1769 East Moody Boulevard, Building #2 Bunnell, Florida 32110 BILL McCOLLUM, Attorney […]

Mr. Clayton J. M. Adkinson Attorney General of Florida — Opinion November 24, 1982 Pledging use of service tax for sewer system Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Clayton J. M. Adkinson City Attorney City of DeFuniak Springs Post Office Drawer 608 DeFuniak Springs, Florida 32433 Dear Mr. […]

Nevin G. Smith Attorney General of Florida — Opinion November 1, 1979 Florida retirement system, joint annuitant change Craig B. Willis Assistant Attorney General Nevin G. Smith Secretary Department of Administration Tallahassee QUESTION: May persons already retired change the designation of their present joint annuitants, pursuant to s. 121.091(6)(d), F. S., 1979, or does the […]

Mr. Edward D. Foreman City Attorney Attorney General of Florida — Opinion March 10, 1986 Election campaign function, sunshine law Jim Smith Attorney General Mr. Edward D. Foreman City Attorney City of Pinellas Park 4154 Central Avenue St. Petersburg, Florida 33711 Dear Mr. Foreman: This is in response to your request for an opinion on […]

Mr. Griff H. Roberts Attorney General of Florida — Opinion July 17, 1997 RE: CONTRABAND FORFEITURE — MUNICIPALITIES — LAW ENFORCEMENT — special law enforcement trust fund may not be used to fund updating of police department’s communication system. s. 932.7055, Fla. Stat. (1996 Supp.). Contraband forfeiture funds Robert A. Butterworth Attorney General Mr. Griff […]

The Honorable Louie L. Wainwright Attorney General of Florida — Opinion June 1, 1982 Public records; exemptions; correctional officers Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General The Honorable Louie L. Wainwright Secretary Department of Corrections 1317 Winewood Boulevard Tallahassee, Florida 32301 Attention: Mr. Robert W. Milner, Jr., Correctional Training Specialist […]

The Honorable David H. Pingree Attorney General of Florida — Opinion April 3, 1984 Designation of credit union 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 opinion as to […]

Chief Brian K. Lock Attorney General of Florida — Opinion August 2, 1993 RE: CRIMINAL JUSTICE EDUCATION DEGREE PROGRAMS AND TRAINING — DEPARTMENT OF LAW ENFORCEMENT — CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION MUNICIPALITIES — COUNTIES — LAW ENFORCEMENT OFFICERS: expenditure of funds pursuant to s. 943.25(13), F.S., for general education courses not specific to […]

Ralph Davis, Executive Director, Department of Highway Safety and Motor Vehicles, Tallahassee Attorney General of Florida — Opinion May 28, 1976 RE: MOTOR VEHICLES PRIORITY OF FEDERAL TAX LIEN OVER SUBSEQUENTLY RECORDED SECURITY INTEREST Motor vehicles and federal tax liens Robert L. Shevin, Attorney General Prepared by: Patricia S. Turner, Assistant Attorney General QUESTION: Does […]

Robert T. Feldman, Attorney for Monroe County Zoning Board, Key West Attorney General of Florida — Opinion June 25, 1974 RE: FLORIDA KEYS AQUEDUCT AUTHORITY NOT REQUIRED TO OBTAIN BUILDING PERMIT FROM COUNTY Florida keys aqueduct authority Robert L. Shevin, Attorney General Prepared by: Michael Parrish, Assistant Attorney General QUESTION: May the Board of County […]

Mr. Fred D. Franklin, Jr. Attorney General of Florida — Opinion July 23, 1996 RE: MEDICAL RECORDS — PUBLIC EMPLOYEES — HEALTH CARE PRACTITIONERS — EMERGENCY MEDICAL PERSONNEL — MUNICIPALITIES — city medical director’s ability to submit drug test results of paramedics or emergency medical technicians to Department of Health and Rehabilitative Services. s. 401.165, […]

Mr. Earl Knabb Attorney General of Florida — Opinion November 22, 1983 Budget procedures for special taxing district Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistant Attorney General Mr. Earl Knabb President of the Baker County Hospital Authority 159 North Third Street Macclenny, Florida 32063 Dear Mr. Knabb: This is in response to your […]

Mr. Karl D. Welzenbach Attorney General of Florida — Opinion April 25, 2000 RE: METROPOLITAN PLANNING ORGANIZATIONS — PUBLIC TRANSPORTATION — duties of metropolitan planning organizations. s. 339.175, Fla. Stat. Duties of metropolitan planning organization Robert A. Butterworth Attorney General Mr. Karl D. Welzenbach Executive Director Volusia County MPO 1190 Pelican Bay Drive Daytona Beach, […]

The Honorable Samuel R. Shorstein Attorney General of Florida — Opinion December 22, 1981 Board of real estate; probable cause Jim Smith, Attorney General Prepared by: Randy Schwartz, Assistant Attorney General The Honorable Samuel R. Shorstein Secretary, Department of Professional Regulation QUESTION: Does the Board of Real Estate have statutory authority to establish 2 or […]

Ms. Cynthia S. Prettyman Attorney General of Florida — Opinion May 18, 1999 RE: SCHOOL DISTRICTS — DUAL OFFICEHOLDING — NOT-FOR-PROFIT CORPORATIONS — school district as member of nonprofit corporation; service of employees of school district on board of directors of private corporation. Art. VII, s. 10, Fla. Const. School District as charter member of […]

Mr. Bruce G. Duncan Assistant County Attorney Attorney General of Florida — Opinion October 31, 1995 RE: COUNTIES — LOCAL GOVERNMENT TOURIST DEVELOPMENT TAX — TAXATION — use of tourist development tax revenues or local government infrastructure surtax revenues for acquisition of land to be used as site for state agricultural museum; lease of land […]

Mr. Noah C. McKinnon, Jr. Attorney General of Florida — Opinion January 31, 1990 RE: COUNTIES — CHARTERS — CHARTER COMMISSION — requirement that county charter commission submit proposed charter Charter commission, submission of charter Robert A. Butterworth Attorney General Mr. Noah C. McKinnon, Jr. County Attorney Flagler County Post Office Drawer 787 Bunnell, Florida […]

State legislator Attorney General of Florida — Opinion January 2, 1974 RE: STANDARDS OF CONDUCT LAW — PUBLIC OFFICER NOT REQUIRED TO DISCLOSE INTERESTS OF LAW PARTNER HELD IN PERSONAL CAPACITY Public officer and standard of conduct Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: Must an attorney-legislator, under […]

Mr. Robert C. Nettleton Attorney General of Florida — Opinion March 2, 1982 Authority to issue citations; animal control Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Robert C. Nettleton City Attorney, Haines City Post Office Box 277 16 South Seventh Street Haines City, Florida 33844 Dear Mr. Nettleton: This […]

Mr. Joshua T. Hauserman. Attorney General of Florida — Opinion November 24, 2009 RE: GOVERNMENT IN THE SUNSHINE LAW — LITIGATION — ADMINISTRATIVE HEARINGS — SETTLEMENT — private meetings between school board and attorneys for superintendent to discuss settlement of administrative proceeding. ss. 286.011(8), 1012.22, and 1001.41, Fla. Stat. Mr. Joshua T. Hauserman Vernis Bowling […]

Mr. Larry M. Haag County Attorney Attorney General of Florida — Opinion March 11, 1993 RE: COUNTIES — JUDGES — ATTORNEYS FEES — JUDICIAL QUALIFICATIONS COMMISSION — liability for costs incurred by county judge in defending complaint filed with Judicial Qualifications Commission. s. 34.171, F.S. Liability for costs incurred by county judge/JQC Robert A. Butterworth […]

Mr. Charles R. Bennett Attorney General of Florida — Opinion August 12, 1983 Retrospective pay for sick leave Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Charles R. Bennett Attorney for School Board St. Johns County 115 Cordova Street St. Augustine, Florida 32085-0189 Dear Mr. Bennett: This is in response to […]

Ms. Phyllis O. Douglas Attorney General of Florida — Opinion August 13, 1998 RE: SCHOOLS — TRAFFIC CONTROL — LAW ENFORCEMENT — MUTUAL AID AGREEMENTS — enforcement of traffic laws on or about school district property; authority to enter into mutual aid agreement. ss. 23.1225, 316.640, Fla. Stat. Schools — enforcement of traffic laws Robert […]

Ernest Ellison, Auditor General, Tallahassee Attorney General of Florida — Opinion December 4, 1975 RE: PUBLIC FUNDS MAKING AND DISTRIBUTING PHOTOGRAPHS OF PUBLIC OFFICER Funds to make and distribute photos of public officer Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTIONS: 1. May a public officer expend the public […]

The Honorable Jeb Bush Attorney General of Florida — Opinion January 12, 1999 Independent and minor party candidates’ ballot access Robert A. Butterworth Attorney General The Honorable Jeb Bush Governor of Florida The Capitol Tallahassee, Florida 32399-0001 Dear Governor Bush: You ask the following question: Does the amendment to Article VI, section 1, Florida Constitution, […]

Philip D. Lewis, Senator, 27th District, Tallahassee Attorney General of Florida — Opinion April 26, 1974 RE: TAXATION EFFECT ON TAX EXEMPTION OF LOAN OF CHURCH PROPERTY TO OTHER GROUPS Taxation and loan of church property Robert L. Shevin, Attorney General Prepared by: Winifred L. Wentworth, Assistant Attorney General, and David M. Hudson, Legal Intern […]

James A. Gardner, Public Defender, Sarasota Attorney General of Florida — Opinion October 7, 1974 RE: PUBLIC DEFENDERS NO MUNICIPAL COMPENSATION FOR DEFENSE OF MUNICIPAL ORDINANCE VIOLATIONS IN COUNTY COURT Public defenders and municipal compensation Robert L. Shevin, Attorney General Prepared by: Donald K. Rudser, Assistant Attorney General QUESTION: May a public defender be compensated […]

Dorothy W. Glisson, Secretary, Department of Professional and Occupational Regulation, Tallahassee Attorney General of Florida — Opinion November 29, 1976 RE: SUNSHINE LAW — PUBLIC RECORDS LAW APPLICABILITY TO INVESTIGATIVE AND OTHER PROCEEDINGS RELATIVE TO POSSIBLE DISCIPLINARY ACTION BY REGULATORY BOARD Sunshine law and investigations Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, […]

Mr. Murray H. Dubbin Attorney Attorney General of Florida — Opinion October 18, 1989 Funds used for police academy tuition Robert A. Butterworth Attorney General Mr. Murray H. Dubbin Attorney for the City of North Bay Village 650 Rivergate Plaza 444 Brickell Avenue Miami, Florida 33131 Dear Mr. Dubbin: You have asked substantially the following […]

Honorable Bolley “Bo” Johnson Representative, District 4 Attorney General of Florida — Opinion November 6, 1991 Pawnbroker / Personal Property Robert A. Butterworth Attorney General Honorable Bolley “Bo” Johnson Representative, District 4 QUESTION: 1. When may a pawnbroker sell or dispose of personal property which has been pawned or sold to the pawnbroker? 2. Is […]

Mr. Daniel O’Gorman Attorney General of Florida — Opinion July 20, 1999 RE: SPECIAL DISTRICTS — PUBLIC OFFICERS AND EMPLOYEES — RETIREMENT — INSURANCE — retirees and eligible dependents participation in health and hospitalization insurance coverage at same premium as active employees. s. 112.0801, Fla. Stat. Special District, retirement benefits Robert A. Butterworth Attorney General […]

Mr. Roman Gastesi. Attorney General of Florida — Opinion September 21, 2011 RE: COUNTIES — INSURANCE — GROUP INSURANCE — ability of county to require participation in county’s self-insured group insurance program. ss. 112.08, 112.11, and 112.14, Fla. Stat. Mr. Roman Gastesi Monroe County Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 205 […]

Mr. John C. Randolph Attorney Attorney General of Florida — Opinion April 7, 1987 Information necessary for recordation Robert A. Butterworth Attorney General Mr. John C. Randolph Attorney for Clerk of the Circuit Court Fifteenth Judicial Circuit Palm Beach County 310 Okeechobee Boulevard West Palm Beach, Florida 33402 Dear Mr. Randolph: This is in response […]

Mr. Robert H. Berntsson Punta Gorda City Attorney Attorney General of Florida — Opinion December 17, 2002 RE: MUNICIPALITIES_VOLUNTEERS_LOCAL GOVERNMENT CODE ENFORCEMENT- ORDINANCES_volunteer designated as code enforcement officer. ss. 162.04, 162.21, Fla. Stat. Volunteer designated as code enforcement officer Richard E. Doran Attorney General Mr. Robert H. Berntsson Punta Gorda City Attorney City Hall 326 […]

Mr. James D. Sloan County Attorney Attorney General of Florida — Opinion September 5, 1986 Costs of interpreter’s fees Jim Smith Attorney General Mr. James D. Sloan County Attorney Hendry County 461 Highway 29 South Post Office Drawer 1820 LaBelle, Florida 33935 Dear Mr. Sloan: This is in response to your request, in your capacity […]

Jack J. Rafter, Jr., Hendry County Attorney, LaBelle Attorney General of Florida — Opinion July 16, 1974 RE: ADULT RIGHTS MARRIAGE WITHOUT CONSENT OF PARENTS Marriage without parental consent Robert L. Shevin, Attorney General Prepared by: David LaCroix, Assistant Attorney General QUESTION: Does the enactment of Ch. 74-372, Laws of Florida, mean that the twenty-one-year-old […]

Ms. Dolores D. Menendez. Attorney General of Florida — Opinion. July 20, 2006 RE: BUILDING CONSTRUCTION STANDARDS — CONTRACTORS — INSPECTION — use of private providers for building inspection services. s. 553.791(4) and (5), Fla. Stat.; Chap. 2006-65, Laws of Florida. Building inspection, use of private providers Ms. Dolores D. Menendez City of Cape Coral […]

The Honorable Alvin J. Taylor Attorney General of Florida — Opinion July 8, 1981 Sunshine law; Bid evaluation team Jim Smith, Attorney General Prepared by: Percy W. Mallison, Jr., Assistant Attorney General The Honorable Alvin J. Taylor Secretary, Department of Health and Rehabilitative Services QUESTIONS: 1. Are meetings of a bid evaluation team of the […]

Paul Mannino Chief of Police Lighthouse Point Attorney General of Florida — Opinion October 18, 1977 Police officers, witness fees Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith Assistant Attorney General Frank A. Vickory Legal Research Assistant QUESTIONS: 1. May a municipality direct its police officers appearing in court off duty to obtain […]

The Honorable Howard E. Futch Senator Attorney General of Florida — Opinion July 8, 2002 RE: MOTOR VEHICLES UNIFORM TRAFFIC CONTROL LAW regulation of motorized scooters in light of legislative amendment. s. 316.003, Fla. Stat.; Ch. 02-20, Laws of Florida. Motorized scooters, regulation of Robert A. Butterworth Attorney General The Honorable Howard E. Futch Senator, […]

Edward L. Gerson Attorney General of Florida — Opinion June 29, 1978 Municipalities, special taxing districts Robert L. Shevin, Attorney General Prepared by: Dennis J. Wall, Assistant Attorney General Edward L. Gerson City Attorney Punta Gorda QUESTION: Does the City of Punta Gorda have the authority to create a special taxing district for canal and […]

Mr. E. William Crotty Attorney Attorney General of Florida — Opinion November 19, 1993 Halifax Hospital Medical Center Robert A. Butterworth Attorney General Mr. E. William Crotty Attorney for Halifax Medical Center Daytona Beach QUESTION: 1. Does Halifax Hospital Medical Center have the authority to establish a not-for-profit corporation to provide employee staffing and management […]

Sam J. Colding, Collier County Tax Assessor, Naples Attorney General of Florida — Opinion June 25, 1974 RE: TAXATION EXEMPTION FOR SWIMMING POOL USED FOR THERAPEUTIC PURPOSES Exemption for pool used for therapeutic purposes Robert L. Shevin, Attorney General Prepared by: Winifred L. Wentworth, Assistant Attorney General, and M. Susan Potter, Legal Intern QUESTION: Is […]

Mr. Daniel S. McIntyre Attorney General of Florida — Opinion September 14, 1998 RE: COUNCILS ON AGING — MEETINGS — GOVERNMENT IN THE SUNSHINE LAW — applicability of open meetings law to county council on aging. ss. 430.201–430.207, Fla. Stat. Sunshine Law-county council on aging Attention: Ms. Katherine Mackenzie-Smith, Assistant County Attorney Robert A. Butterworth […]

Mr. Jeffrey D. DeBoer Attorney General of Florida — Opinion January 18, 1989 Requiring certain service operators to be plumbers Robert A. Butterworth Attorney General Mr. Jeffrey D. DeBoer Building Director Division of Community Development Building Department 18500 Murdock Circle Port Charlotte, Florida 33948-1094 Dear Mr. DeBoer: You have asked my opinion on substantially the […]

W. Michael Brinkley Assistant City Attorney Attorney General of Florida — Opinion November 3, 1993 Municipal Police Officers’ Retirement Trust Fund Robert A. Butterworth Attorney General W. Michael Brinkley Assistant City Attorney City of Plantation Fort Lauderdale QUESTION: May the City of Plantation invest a portion of its Municipal Police Officers’ Retirement Trust Fund and […]

Vernon R. Bishop Attorney General of Florida — Opinion December 21, 1978 Sovereign immunity, special districts Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General Vernon R. Bishop Director South Walton County Mosquito Control District Santa Rosa Beach QUESTIONS: 1. Can a member of the board of commissioners of a mosquito […]

Ms. Haylee A. Albert Attorney General of Florida — Opinion February 5, 1999 RE: SCHOOLS — EMINENT DOMAIN — payment of moving expenses as just compensation for taking of private property. ss. 235.05, 236.29 and 237.02, Fla. Stat. Schools/Eminent Domain, payment of moving expenses Robert A. Butterworth Attorney General Ms. Haylee A. Albert Orange County […]

Mr. Tom F. Barry Attorney General of Florida — Opinion October 2, 1997 RE: DEPARTMENT OF TRANSPORTATION — MUNICIPALITIES — UTILITIES — STORMWATER MANAGEMENT — authority of municipality to impose stormwater utility fee on state agency. s. 403.0893, Fla. Stat. Municipality imposing stormwater fee on state agency Robert A. Butterworth Attorney General Mr. Tom F. […]

Mr. Paul R. Green Attorney Attorney General of Florida — Opinion May 29, 1987 Payment of services of civil service board Robert A. Butterworth Attorney General Mr. Paul R. Green Attorney for Santa Rosa County School Board Post Office Box 605 Milton, Florida 32572 Dear Mr. Green: You have asked the following question: DOES s. […]

Mr. Thomas E. Shipp, Jr. Fort Myers Beach Fire Control Attorney General of Florida — Opinion January 16, 1991 RE: PUBLIC RECORDS — STATE, DEPARTMENT OF — facsimiles of documents when copies for more permanence may be treated as intermediate documents which may be destroyed. Records, facsimiles of documents Robert A. Butterworth Attorney General Mr. […]

The Honorable Bob Graham Attorney General of Florida — Opinion July 8, 1981 Executive order as binding order Jim Smith, Attorney General Prepared by: John Griffin, Assistant Attorney General The Honorable Bob Graham Governor, State of Florida The Honorable Vicki Tschinkel Secretary, Department of Environmental Regulation QUESTIONS: 1. Can the Governor by executive order and […]

Rob Turner. Attorney General of Florida — Opinion July 6, 2009 RE: CONDOMINIUMS — AD VALOREM TAXATION — COMMON ELEMENTS — Assessment of “limited” common elements in a condominium. ss. 193.023 and 718.120, Fla. Stat. The Honorable Rob Turner Hillsborough County Property Appraiser County Center, 16th Floor 601 East Kennedy Boulevard Tampa, Florida 33602-4932 Bill […]

Mr. Andrew DeGraffenreidt, III City Attorney Attorney General of Florida — Opinion November 24, 1986 Adjustment of adopted millage rate Jim Smith Attorney General Mr. Andrew DeGraffenreidt, III City Attorney City of Hollywood Post Office Box 2207 Hollywood, Florida 33022 Dear Mr. DeGraffenreidt: You have requested my opinion on substantially the following question: WHAT PROCEDURES […]

The Honorable R.B. “Chips” Shore Attorney General of Florida — Opinion November 25, 1998 Clerk’s fee — child support payment delinquency Robert A. Butterworth Attorney General The Honorable R.B. “Chips” Shore Clerk of the Circuit Court Post Office Box 1000 Manatee County Courthouse Bradenton, Florida 34206-1000 Dear Mr. Shore: You ask substantially the following question: […]

Frank J. Habershaw Attorney General of Florida — Opinion November 4, 1980 Indigency in appellate proceedings Jim Smith, Attorney General Prepared by: Staff Frank J. Habershaw Clerk, 5th District Court of Appeal Daytona Beach QUESTIONS: 1. Does s. 57.081(1), F. S., as amended by ch. 80-348, Laws of Florida, apply to appellate proceedings relieving indigent […]

Mr. Fred W. Baggett Attorney General of Florida — Opinion October 16, 1990 Re: PUBLIC RECORDS — CLERKS OF THE COURT — COURTS — documents revealing the identity of a victim of crime which are contained in a court file not specifically closed by court order are not, with certain exceptions, exempt from the disclosure. […]

Ralph Poston, Senator, 38th District, Miami Attorney General of Florida — Opinion August 27, 1975 RE: STATE MINIMUM BUILDING CODES RELATION TO SOUTH FLORIDA BUILDING CODE Building codes Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General, and Marty Friedman, Legal Research Assistant QUESTION: Will the establishment of the State Minimum […]

Mr. Daniel J. Bosanko Attorney General of Florida — Opinion June 1, 2005 RE: COUNTIES — UTILITIES — WATER — MUNICIPALITIES — authority of county to prohibit municipality from purchasing private water utility located in county. ss. 125.01(1)(k), 180.02, 180.191, and 367.071, Fla. Stat. County, purchase of private water utility by city Charlie Crist Attorney […]

Warren O. Tiller, Volusia County Attorney, DeLand Attorney General of Florida — Opinion June 5, 1975 RE: SHERIFFS DISPOSITION OF ABANDONED MOTOR VEHICLES Disposition of abandoned motor vehicles Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General QUESTION: May a sheriff’s department retain, for the use of the department, a vehicle […]