Category: Florida Attorney General Opinions

Mr. David B. Higginbottom Attorney General of Florida — Opinion September 28, 1982 Procedure for sale of surplus real estate Jim Smith, Attorney General Prepared by: Linda Lettera, Assistant Attorney General Mr. David B. Higginbottom City Attorney City of Frostproof Post Office Box 697 Frostproof, Florida 33843 Dear Mr. Higginbottom: This is in response to […]

Mr. Paul J. Nicoletti Town Attorney Attorney General of Florida — Opinion October 10, 1995 RE: GAMBLING — BINGO — MUNICIPALITIES — authority of municipality to conduct bingo. Art. VIII, s. 2(b), Fla. Const. ss. 166.021 and 849.0931, Fla. Stat. Municipalities; no home rule power to conduct bingo Robert A. Butterworth Attorney General Mr. Paul […]

Mr. Randy Miller Attorney General of Florida — Opinion April 20, 1981 Authority to accept property for delinquent tax Jim Smith, Attorney General Prepared by: Greg P. Waldbart, Assistant Attorney General Mr. Randy Miller Executive Director, Department of Revenue QUESTIONS: 1. Is the Department of Revenue authorized under chs. 206, 212, and 214, F.S., to […]

Captain A.J. Caiata, Jr. Acting Chief of Police Attorney General of Florida — Opinion February 25, 1992 Information regarding identity of abuse victims Robert A. Butterworth Attorney General Captain A.J. Caiata, Jr. Acting Chief of Police QUESTION: When a law enforcement agency forwards a copy of the report of domestic violence involving sexual battery, child […]

Mr. Tom Gardner, Mr. Ben G. Watts, and Mr. Robert L. Hamilton Attorney General of Florida — Opinion June 20, 1990 Re: State Agencies — Municipal Corporations — Stormwater Utilities — liability of state agencies for stormwater utility fees. ss. 197.363, 197.3632, 403.0893, F.S. Stormwater utility fees Robert A. Butterworth Attorney General Mr. Tom Gardner, […]

Dr. Elton J. Gissendanner Attorney General of Florida — Opinion April 9, 1987 Court costs for boating infractions Robert A. Butterworth Attorney General Dr. Elton J. Gissendanner Executive Director Department of Natural Resources Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32303 Dear Dr. Gissendanner: This is in response to your request for an […]

Mr. Thomas A. Bustin City Attorney Attorney General of Florida — Opinion August 21, 1984 Use of veteran’s preference points Jim Smith Attorney General Mr. Thomas A. Bustin City Attorney City of Clearwater Post Office Box 4748 Clearwater, Florida 33518-4748 Attention: Frank X. Kowalski Chief Assistant City Attorney Dear Mr. Bustin: This is in response […]

The Honorable Curtis A. Golden State Attorney Attorney General of Florida — Opinion June 11, 1992 3-day waiting periods for handgun purchases Robert A. Butterworth Attorney General The Honorable Curtis A. Golden State Attorney First Judicial Circuit Dear Mr. Golden: You ask the following question: Do the 3-day waiting periods for handgun purchases which are […]

Mr. Van B. Cook Acting County Attorney Attorney General of Florida — Opinion August 21, 1984 Publication consisting entirely of advertising Jim Smith Attorney General Mr. Van B. Cook Acting County Attorney Pinellas County 315 Court Street Clearwater, Florida 33516 Dear Mr. Cook: This is in response to a request by your predecessor for an […]

Ernest Ellison Auditor General Tallahassee Attorney General of Florida — Opinion December 31, 1979 Use of telephone to transfer county funds Patricia R. Gleason Ernest Ellison Auditor General Tallahassee QUESTIONS: 1. Does s. 215.85, F. S., authorize the use of a telephone call to initiate the transfer of county funds between accounts of the county […]

The Honorable William Page Attorney General of Florida — Opinion April 28, 1986 Eligibility of advisory body for retirement plan Jim Smith Attorney General The Honorable William Page Secretary Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, Florida 32301 Dear Secretary Page: This is in response to your predecessor’s request for an opinion […]

The Honorable John Carassas Representative Attorney General of Florida — Opinion May 5, 2003 RE: RECORDS — GOVERNMENT IN THE SUNSHINE — LEGISLATURE — STATUTES — vote necessary to readopt exemptions from open government laws. Art. 1, s. 24, Fla. Const.; Ch. 119, Fla. Stat., and s. 286.011, Fla. Stat. Vote required to readopt open […]

Mr. Robert Michael Eschenfelder Attorney General of Florida — Opinion September 19, 1997 RE: MUNICIPALITIES — LAW ENFORCEMENT OFFICERS — LAW ENFORCEMENT OFFICERS BILL OF RIGHTS — complaints against police officers. ss. 112.532 and 112.533, Fla. Stat. Part VI, Ch. 112, Fla. Stat. Law enforcement officers’ bill of rights, complaints Robert A. Butterworth Attorney General […]

Newman C. Brackin Clerk Circuit Court Crestview Attorney General of Florida — Opinion February 5, 1979 Counties, surplus funds investments Craig B. Willis Assistant Attorney General Newman C. Brackin Clerk Circuit Court Crestview QUESTION: Does a resolution of the Board of County Commissioners of Okaloosa County adopted pursuant to Ch. 77-394, Laws of Florida, directing […]

Mr. Richard L. Jorandby Attorney General of Florida — Opinion March 7, 1994 RE: PUBLIC DEFENDER — CIRCUIT CONFLICT COMMITTEE — public defender may designate an assistant public defender to serve on circuit conflict committee. s. 925.037, Fla. Stat. May Pub. Def. designate asst. PD rep re conflict comm. Robert A. Butterworth Attorney General Mr. […]

Jerry Pollock, City Attorney, Miramar Attorney General of Florida — Opinion February 19, 1975 RE: POLICEMEN’S BILL OF RIGHTS PROCEDURES — APPLICABILITY OF SUNSHINE LAW Policemen’s bill of rights Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General QUESTIONS: 1. Is Ch. 74-274, Laws of Florida [ss. 112.531–112.534, F.S. (1974 Supp.)], […]

J. H. “Jim” Williams, Lieutenant Governor, Tallahassee Attorney General of Florida — Opinion April 21, 1976 RE: STATE OFFICERS AND EMPLOYEES OPTIONAL MEMBERSHIP IN HEALTH MAINTENANCE ORGANIZATION State employees and HMO membership Robert L. Shevin, Attorney General Prepared by: Larry Levy, Assistant Attorney General QUESTIONS: 1. Do federal law and regulations require the state to […]

Michael W. Connors Village Attorney Attorney General of Florida — Opinion October 7, 1992 Mortgage on surplus municipal property Robert A. Butterworth Attorney General Michael W. Connors Village Attorney Village of Royal Palm Beach QUESTION: Does s. 10, Art. VII, State Const., preclude the village, when selling surplus real property to a private purchaser and […]

E. Wilson Purdy, Dade County Public Safety Director, Miami Attorney General of Florida — Opinion August 24, 1976 RE: ARREST “FELON” DEFINED; WHEN DEADLY FORCE MAY BE USED IN APPREHENDING FLEEING FELON; NO DISTINCTION BETWEEN ARMED AND UNARMED FELONS OR BETWEEN CRIMES AGAINST PERSONS AND AGAINST PROPERTY Arrest felon defined Robert L. Shevin, Attorney General […]

Mr. Thomas V. Infantino Attorney General of Florida — Opinion February 6, 1984 Qualifications of assistant city attorney Jim Smith Attorney General Mr. Thomas V. Infantino City Attorney City of Inverness 405 A Courthouse Square Inverness, Florida 32650 Dear Mr. Infantino: This is in response to your request for an Attorney General Opinion on substantially […]

John R. Woodruff, Chief of Police, Naples Attorney General of Florida — Opinion February 20, 1975 RE: PRISONERS LIABILITY FOR TORTS; MEDICAL TREATMENT FOR WOUNDED PRISONER; LIABILITY FOR PRISONER; ELEMENTS OF “CUSTODY” Responsibility for injured inmates and tort liability Robert L. Shevin, Attorney General Prepared by: A. S. Johnston, Assistant Attorney General QUESTIONS: 1. Is […]

Mr. Thomas V. Infantino Attorney General of Florida — Opinion March 12, 1981 Annexation Jim Smith, Attorney General Prepared by: Percy W. Mallison, Jr., Assistant Attorney General Mr. Thomas V. Infantino City Attorney City of Inverness QUESTION: May the City of Inverness annex unincorporated property pursuant to the provisions of s. 171.044, F.S., without holding […]

Mr. George T. Reeves Madison County District School Board Attorney Attorney General of Florida — Opinion November 3, 2003 RE: SCHOOL BOARDS — ATTORNEY — PUBLIC OFFICERS AND EMPLOYEES — subsequent amendment of contract authorizing payments not authorized under original contract constitutes extra compensation. s. 215.425, Fla. Stat. School board attorney, extra compensation Charlie Crist […]

Mr. Carl V.M. Coffin Attorney General of Florida — Opinion May 10, 1990 RE: MUNICIPALITIES — RIPARIAN RIGHTS — DOCK OR WHARF CONSTRUCTION — construction of docks by riparian owners. s. 253.141, F.S. Construction of docks by riparian owners Robert A. Butterworth Attorney General Mr. Carl V.M. Coffin City Attorney City of West Palm Beach […]

Mr. Sidney R. Payne Chair Attorney General of Florida — Opinion September 3, 2003 RE: MUNICIPALITIES — GOVERNMENT IN THE SUNSHINE — participation of board member by telephone due to scheduling conflict when quorum of board members physically present at meeting. s. 286.011, Fla. Stat. Sunshine, participation by telephone Charlie Crist Attorney General Mr. Sidney […]

Ray Howard, Chairman, Florida Parole and Probation Commission, Tallahassee Attorney General of Florida — Opinion April 6, 1976 RE: PAROLE AND PROBATION COMMISSION SUPERVISEES’ $10 CONTRIBUTION TOWARD COST OF SUPERVISION — COMMISSION HAS NO POWER TO ENFORCE COLLECTION AFTER DEATH OF SUPERVISEE OR TERMINATION OR REVOCATION OF PAROLE Collection of parole supervision fee Robert L. […]

Ms. Virginia B. Wetherell Attorney General of Florida — Opinion April 8, 1998 RE: ENVIRONMENTAL PROTECTION, DEPARTMENT OF — STATE AGENCIES — ADMINISTRATIVE PROCEDURES — time for reviewing permits begins once completed application and fee has been received. ss. 120.60 and 373.4175, Fla. Stat. Wetlands resource permit, review when no fee attached Robert A. Butterworth […]

Mr. Kelly Brock Attorney General of Florida — Opinion December 3, 1985 Use of conventional vans to transport students Jim Smith Attorney General Mr. Kelly Brock Superintendent District School Board Washington County 206 N. 3rd Street Chipley, Florida 32428 Dear Mr. Brock: This is in response to your request for an opinion on substantially the […]

The Honorable W.D. Childers Attorney General of Florida — Opinion May 6, 1988 Commercial bingo and Indian tribe Robert A. Butterworth Attorney General The Honorable W.D. Childers Senator District 1 211 Senate Office Building Tallahassee, Florida 32299-1100 Dear Senator Childers: Thank you for considering this office as a source for assistance in determining whether Senate […]

Don Moreland, Marion County Sheriff, Ocala Attorney General of Florida — Opinion May 13, 1974 RE: LAW ENFORCEMENT OFFICERS DUTY TO RESPOND Law enforcement officers and duty to respond Robert L. Shevin, Attorney General Prepared by: Wallace E. Allbritton, Assistant Attorney General QUESTIONS: 1. Does a law enforcement agency have the authority, obligation, or responsibility […]

J. Edward Curren, City Attorney, Okeechobee Attorney General of Florida — Opinion September 4, 1974 RE: TAXATION AD VALOREM TAXES — EFFECT OF CH. 74-264, LAWS OF FLORIDA, ON TAXES PLEDGED TO A PRIOR BOND INDEBTEDNESS Ad valorem taxes and Fla Law 74-264 Robert L. Shevin, Attorney General Prepared by: Winifred L. Wentworth, Assistant Attorney […]

Mr. M. W. Matz City Clerk — Finance Officer City of Fort Myers Attorney General of Florida — Opinion December 21, 1989 Fees for duplicating public records Robert A. Butterworth Attorney General Mr. M. W. Matz City Clerk — Finance Officer City of Fort Myers Post Office Drawer 2217 Fort Myers, Florida 33902-2217 Dear Mr. […]

Mr. Charles J. King Attorney Attorney General of Florida — Opinion February 9, 1987 Allowable rate of interest for borrowing money Robert A. Butterworth Attorney General Mr. Charles J. King Attorney for Tindall Hammock Irrigation and Soil Conservation District 1777 South Andrews Avenue Suite 203 Fort Lauderdale, Florida 33316 Dear Mr. King: This is in […]

Mr. Donald K. Rudser Attorney Attorney General of Florida — Opinion December 6, 1989 School board authorized to give surplus school property Robert A. Butterworth Attorney General Mr. Donald K. Rudser Attorney for the Hamilton District School Board Post Office Drawer 1011 Jasper, Florida 32052 Dear Mr. Rudser: As attorney for the Hamilton District School […]

Nola F. White Attorney General of Florida — Opinion March 11, 1980 Screening resumes; sunshine law Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Nola F. White City Clerk Punta Gorda QUESTION: Is a selection committee, appointed by the mayor and composed of two city council members for the purpose of screening […]

Mr. G. Kenneth Gilleland Attorney General of Florida — Opinion November 3, 1981 Magazine as public document Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. G. Kenneth Gilleland General Counsel, Florida Game and Fresh Water Fish Commission QUESTION: Is Florida Wildlife, a by-monthly magazine published by the Florida Game and […]

The Honorable Alan H. Schreiber Attorney General of Florida — Opinion December 15, 1989 Payment for unused annual leave. Robert A. Butterworth Attorney General The Honorable Alan H. Schreiber Public Defender Broward County Court House 201 Southeast 6th Street, Room 740 Fort Lauderdale, Florida 33301 Dear Mr. Schreiber: As Public Defender for the Seventeenth Judicial […]

Mr. Donald J. Doody Oakland Park City Attorney Attorney General of Florida — Opinion May 5, 1994 RE: DUAL OFFICE HOLDING — MUNICIPALITIES — LOCAL CODE ENFORCEMENT — code enforcement officer established under Chapter 162, Florida Statutes, is not an “officer” for purposes of the dual officeholding prohibition in Art. II, section 5(a), Florida Constitution. […]

Paul B. Steinberg Representative 101st District Miami Beach Attorney General of Florida — Opinion July 6, 1977 Municipal housing authority, powers, binding contracts Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason Assistant Attorney General QUESTION: Is the Miami Beach Housing Authority, created under Ch. 421, F. S., authorized to enter into an employment […]

The Honorable Bill Gunter Attorney General of Florida — Opinion September 1, 1982 Noncertified plumbing contractors installing lines Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistant Attorney General The Honorable Bill Gunter State Fire Marshal Larson Building Tallahassee, Florida 32301 Dear Mr. Gunter: This is in response to your request for an opinion on […]

William A. Troelstrup, Commissioner, Department of Criminal Law Enforcement, Tallahassee Attorney General of Florida — Opinion April 21, 1975 RE: CRIMINAL ANALYSIS LABORATORIES STATE FUNDING State funding of criminal analysis laboratory Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTIONS: 1. Should federal funds granted to locally funded criminal analysis […]

Curtis Robbins Attorney General of Florida — Opinion May 6, 2009. RE: TRAFFIC-FINES-LAW ENFORCEMENT-payment of associate costs for computer and communication devices under traffic fine transferred to municipality for automation. s. 318.21(9), Fla. Stat. Mr. Curtis Robbins Chief of Police 111 North Palm Avenue Howey-in-the-Hills, Florida 34737 Bill McCollum, Attorney General Dear Chief: As Chief […]

Leauna D. Carlton Finance Officer Hernando County School Board Brooksville Attorney General of Florida — Opinion December 20, 1977 School board members, group insurance purchase Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason Assistant Attorney General QUESTION: Are school board members `officers’ within the context of s. 112.08, F. S. (1976 Supp.)? SUMMARY: […]

Michael H. Cates Attorney for Lower Florida Keys Hospital District Key West Attorney General of Florida — Opinion December 30, 1977 Administrative Procedure Act, hospital districts Robert L. Shevin, Attorney General Prepared by: Thomas M. Beason Assistant Attorney General QUESTION: Does the Florida Administrative Procedure Act, Ch. 120, F. S., apply to the Lower Florida […]

The Honorable Lee Cannon Sheriff Attorney General of Florida — Opinion March 4, 1996 RE: BINGO — GAMING — interpretation of term “announced” as used in bingo statute. s. 849.0931(12)(g), Fla. Stat. Bingo — meaning of the term “announced” in bingo statute Robert A. Butterworth Attorney General The Honorable Lee Cannon Sheriff, Pasco County 8700 […]

Kenneth B. Cuyler Collier County Attorney Attorney General of Florida — Opinion December 3, 1992 Operation of commercial mullet vessels Robert A. Butterworth Attorney General Kenneth B. Cuyler Collier County Attorney QUESTION: May Collier County enact an ordinance relating to the operation of commercial mullet vessels[1] in the waters of Collier County, Florida, which ordinance […]

J. Ed Straughn, Executive Director, Department of Revenue, Tallahassee Attorney General of Florida — Opinion August 11, 1976 RE: TAXATION WHEN SPECIAL ASSESSMENT LIEN ATTACHES Attachment of special assessment liens Robert L. Shevin, Attorney General Prepared by: Patricia S. Turner, Assistant Attorney General QUESTION: When does a special assessment lien attach to real property subject […]

Harry Morrison Attorney General of Florida — Opinion May 4, 1978 State attorney’s investigator Robert L. Shevin, Attorney General Prepared by: Michael H. Davidson, Assistant Attorney General Harry Morrison State Attorney Tallahassee QUESTION: Is a state attorney’s investigator who, for budgetary reasons, receives only 65 percent of the minimum salary prescribed for his position but […]

Mr. John G. Hubbard Attorney General of Florida — Opinion November 26, 1990 RE: MUNICIPALITIES — TAXATION — LOCAL GOVERNMENT INFRASTRUCTURE SURTAX — municipality may not use proceeds from surtax to service debt incurred prior to referendum approval of surtax. Infrastructure surtax proceeds, payment of debt Robert A. Butterworth Attorney General Mr. John G. Hubbard […]

Peter M. Dunbar, Pasco County Attorney, New Port Richey Attorney General of Florida — Opinion June 17, 1975 RE: COUNTIES NUMBER NEEDED FOR QUORUM OF COUNTY COMMISSION Quorum and county commission Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: What vote is necessary to favorably carry a matter voted […]

Mr. Thomas C. Saunders, Chair Attorney General of Florida — Opinion July 6, 2000 RE: JUDICIAL NOMINATING COMMISSION — JUDGES — CIRCUIT COURT JUDGES — TERMS OF OFFICE — GOVERNOR — APPOINTMENTS — VACANCIES — appointment or election of circuit judge. Art. V, s. 11, Fla. Const. Judges, appointment to fill vacancy Robert A. Butterworth […]

Jerry Melvin, Representative, 5th District, Fort Walton Beach Attorney General of Florida — Opinion March 29, 1974 RE: HOME RULE COUNTIES — CLAIMS BILL HAVING EFFECT THEREIN — VALIDITY — ENFORCEMENT Home rule and claims bill Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTIONS: 1. May a claims bill […]

Philip D. Lewis, Senator, 27th District, West Palm Beach Attorney General of Florida — Opinion September 20, 1974 RE: SUNSHINE LAW APPLICABLE TO CAREER SERVICE EMPLOYEE GRIEVANCE HEARINGS Sunshine law and grievance hearings Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: Are employee grievance committee hearings at Florida State University subject to s. 286.011, […]

Joseph M. Gallenstein Chief of Police Largo Police Department Attorney General of Florida — Opinion June 8, 1992 Responsibilities duties of law enforcement personnel Robert A. Butterworth Attorney General Joseph M. Gallenstein Chief of Police Largo Police Department QUESTION: What are the responsibilities and duties of law enforcement personnel under s. 401.445(1), F.S.? SUMMARY: Section […]

The Honorable Louie L. Wainwright Attorney General of Florida — Opinion November 3, 1981 Delegating duties to deputy secretary Jim Smith, Attorney General Prepared by: Linda Lettera, Assistant Attorney General The Honorable Louie L. Wainwright Secretary, Department of Corrections QUESTIONS: 1. May the Secretary of Corrections delegate the powers and duties granted him by statute […]

Jack M. Skelding, Jr., Attorney For Florida Sheriffs Association, Tallahassee Attorney General of Florida — Opinion September 18, 1974 RE: SHERIFFS MAY APPOINT SPECIAL DEPUTY FOR LIMITED PURPOSES AND WITH LIMITED POWER OF ARREST Appointment of special deputy for limited purposes Robert L. Shevin, Attorney General Prepared by: Richard W. Prospect, Assistant Attorney General QUESTION: […]

Edwin F. Blanton Attorney General of Florida — Opinion April 26, 1978 Nonresident tuition in county school Robert L. Shevin, Attorney General Prepared by: Thomas M. Beason, Assistant Attorney General Edwin F. Blanton Attorney for Franklin County School Board Tallahassee QUESTION: Must the Franklin County School Board refuse to admit or enroll nonresident pupils if […]

Ernest Ellison Auditor General Tallahassee Attorney General of Florida — Opinion March 31, 1977 Authority to lend county funds Robert L. Shevin, Attorney General Prepared by: David K. Miller Assistant Attorney General QUESTION: Under general law, may a board of county commissioners in a noncharter county lend county funds to the district school board, if […]

Honorable George Firestone Attorney General of Florida — Opinion March 16, 1982 Class G gun permit Jim Smith, Attorney General Prepared by: A.S. Johnston, Assistant Attorney General Honorable George Firestone Secretary of State The Capitol Tallahassee, Florida 32301 Dear Secretary Firestone: You recently requested my opinion on the licensing statutes for armored car guards to […]

The Honorable Charles W. Morris Attorney General of Florida — Opinion April 4, 2001 RE: SEXUAL OFFENDERS — SHERIFFS — DEPARTMENT OF LAW ENFORCEMENT — DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES — REGISTRATION — requirements for registration of sexual offenders. s. 943.0435, Fla. Stat. Registration requirements for sexual offenders Robert A. Butterworth Attorney General […]

Robert Nabors, Brevard County Attorney, Titusville Attorney General of Florida — Opinion April 15, 1975 RE: LOCAL DISTRICTS MUST BE ANNUALLY POSTAUDITED BY INDEPENDENT C.P.A UNLESS NOTIFIED BY AUDITOR GENERAL THAT HE WILL CONDUCT POSTAUDIT Audits and local districts Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General, and Theorphilus J. […]

Reubin O’D. Askew Governor Tallahassee Attorney General of Florida — Opinion February 3, 1977 Judge’s resignation, effect Robert L. Shevin, Attorney General Prepared by: Betty Steffens Assistant Attorney General QUESTIONS: 1. Will acceptance of the resignation of Circuit Judge Stewart F. LaMotte affect his legal status? 2. Will such acceptance make any difference as to […]

Alan S. Gold Village Attorney Bal Harbour Attorney General of Florida — Opinion August 10, 1979 Ordinances to control beach erosion Craig B. Willis Assistant Attorney General Alan S. Gold Village Attorney Bal Harbour QUESTION: May Bal Harbour Village enact an ordinance under the provisions of part I of Ch. 166, F. S., and its […]

Mr. Thomas Gerald Holley. Attorney General of Florida — Opinion. June 15, 2006 RE: COUNTIES — CEMETERIES — PUBLIC FUNDS — use of county funds to maintain private cemetery. Art. VII, s. 10, Fla. Const.; s. 487.284, Fla. Stat. Cemeteries, use of public funds to maintain Mr. Thomas Gerald Holley Washington County Attorney Post Office […]

Jerry Pollock, City Attorney, Miramar Attorney General of Florida — Opinion December 4, 1974 RE: MUNICIPAL HOME RULE POWERS ACT EFFECT ON CHARTER PROVISION REQUIRING SPECIFIC NUMBER OF VOTES IN CITY COUNCIL TO ADOPT ORDINANCE OR RESOLUTION Home rule and adoption of ordinance Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney […]

Mr. Morris G. (Skip) Miller. Attorney General of Florida — Opinion July 19, 2011 RE: HOUSING FINANCE AUTHORITIES — CONFLICT — SPOUSE — whether legal representation of “qualified housing development” by spouse may constitute direct or indirect interest of member of housing finance authority. s. 159.606, Fla. Stat. Mr. Morris G. (Skip) Miller General Counsel […]

The Honorable Gregory S. Brown Attorney General of Florida — Opinion May 29, 2001 RE: TAXATION — SANTA ROSA ISLAND AUTHORITY — PROPERTY APPRAISERS — LEASEHOLDS — COUNTIES — taxation of real property improvements titled in lessee of county-owned property. ss. 196.001, 196.199 and 199.023, Fla. Stat. Taxation, improvements of leased county property Robert A. […]

Mr. Gordon B. Linn Attorney General of Florida — Opinion February 25, 1998 RE: MUNICIPALITIES — COMMUNITY REDEVELOPMENT AGENCY — PUBLIC OFFICERS AND EMPLOYEES — authority of city commission to remove member from community redevelopment agency when city commission has designated itself as the agency. ss. 163.356 and 163.357, Fla. Stat. Community redevelopment agency, removal […]

The Honorable Julianne M. Holt Attorney General of Florida — Opinion July 14, 1995 RE: PUBLIC DEFENDERS — CRIMINAL LAW — INDIGENTS — RECORDS — public defender not authorized to represent indigent in motion to seal or expunge criminal records. s. 27.51, Fla. Stat. Pub. Def. can’t represent indigent re seal expunge Robert A. Butterworth […]

Rafael E. Suarez-Rivas City Attorney Attorney General of Florida — Opinion May 17, 1991 Unused Sick Leave Robert A. Butterworth Attorney General Rafael E. Suarez-Rivas City Attorney City of Miramar QUESTION: Does the subsequent payment by the city to a retired employee of the monetary equivalent of his unused sick leave in excess of 120 […]

The Honorable Sylvia Young and Mr. Joe A. McClain Attorney General of Florida — Opinion July 14, 1998 RE: SCHOOLS — COUNTIES — SPECIAL ASSESSMENTS — WATER AND SEWAGE — school’s obligation to pay proportionate share of infrastructure costs of water and sewage facilities. ss. 235.26 and 235.34, Fla. Stat. School District, liability for infrastructure […]

Mr. Harry K. Singletary, Jr. Attorney General of Florida — Opinion January 26, 1996 RE: DEPARTMENT OF CORRECTIONS — GAIN-TIME — PRISONERS — SENTENCING — effect of amendment to statute relating to granting of gain-time. ss. 944.275, Fla. Stat., as amended by Ch. 95-294, Laws of Florida; s. 921.161, Fla. Stat. Stop Turning Out Prisoners […]

Mr. Kevin D. Obos. Attorney General of Florida — Opinion October 13, 2009 RE: MUNICIPALITIES — ELECTIONS — CHARTERS — REFERENDA — TERMS OF OFFICE — OFFICERS — referendum requirement for charter amendment changing two-year terms to four-year terms. ss. 100.3605, 166.021, and 166.031, Fla. Stat. Mr. Kevin D. Obos Springfield City Attorney Harrison, Sale, […]

John L. Mica Attorney General of Florida — Opinion May 2, 1978 Compensation for chairman of board, county government Robert L. Shevin, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General John L. Mica Representative 39th District Tallahassee QUESTION: Is Ch. 57-507, Laws of Florida, a special act relating to Orange County, permitting the payment […]

Armond R. Cross, Chairman, Florida Parole and Probation Commission, Tallahassee Attorney General of Florida — Opinion February 13, 1974 RE: PAROLE AND PROBATION COMMISSION — ELECTION ACTIVITIES AND OUTSIDE EMPLOYMENT BY COMMISSION EMPLOYEES Parole and probation commission and outside employment Robert L. Shevin, Attorney General Prepared by: Reeves Bowen, Assistant Attorney General QUESTIONS: 1. May […]

County, advancement of funds to charter school. Attorney General of Florida — Opinion. December 6, 2006 Mr. Scott L. Knox, Brevard County Attorney, Viera, Florida. Dear Mr. Knox: On behalf of the Brevard County Board of County Commissioners, you ask substantially the following question: May the Board of County Commissioners advance funds to a charter […]

Mr. Greg Farmer Secretary of Commerce Collins Attorney General of Florida — Opinion August 2, 1993 RE: DEPARTMENT OF COMMERCE — MUNICIPALITIES — ROADS: exercise of extraterritorial powers by city requesting funding for transportation project. s. 288.063, F.S. Extraterritorial powers/funding transportation project Robert A. Butterworth Attorney General Mr. Greg Farmer Secretary of Commerce Collins Building […]

Mr. Douglas R. Murdock Attorney General of Florida — Opinion May 23, 1996 RE: COUNTIES — CHARTER COUNTIES — BUILDING CODES — authority of charter counties to adopt less stringent building regulations than those prescribed by standard building codes. s. 553.73, Fla. Stat. Charter county, less stringent building code Robert A. Butterworth Attorney General Mr. […]

Mr. Robert J. Riggio Attorney General of Florida — Opinion June 5, 1998 RE: PUBLIC RECORDS — WHISTLE-BLOWER’S ACT — confidentiality of information under whistle-blower’s act. s. 112.3188(2)(b), Fla. Stat. Whistle-blower’s Act, confidentiality of information Robert A. Butterworth Attorney General Mr. Robert J. Riggio Ponce Inlet Town Attorney 4680 South Peninsula Drive Ponce Inlet, Florida […]

Newman C. Brackin Clerk Circuit Court Crestview Attorney General of Florida — Opinion July 26, 1977 Circuit court clerks, powers, duties Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith Assistant Attorney General QUESTION: Does the Clerk of the Circuit Court of Okaloosa County have a duty to act as clerk, accountant, or secretary/treasurer […]

The Honorable Bruce H. Colton State Attorney Attorney General of Florida — Opinion July 15, 1994 RE: TAXICABS — VEHICLES FOR HIRE — STATE ATTORNEYS — FRAUD — application of s. 817.52(2), F.S. (hiring vehicle with intent to defraud), to individual failing to pay taxicab are or taxicab driver who enters into agreement with owner […]

David H. Pingree Attorney General of Florida — Opinion May 1, 1979 County medical assistance contributions Richard A. Hixon Assistant Attorney General David H. Pingree Secretary Department of Health and Rehabilitative Services Tallahassee QUESTIONS: 1. When accurate accounting records are not available, may the Department of Health and Rehabilitative Services, pursuant to s. 409.267, F. […]

The Honorable Julie Williams. Attorney General of Florida — Opinion. April 24, 2007 RE: RECORDS — LAW ENFORCEMENT OFFICERS — PUBLIC OFFICERS AND EMPLOYEES — MUNICIPALITIES — disclosure of photographs of police department personnel. ss. 119.071(4)(d)1. and 8., Fla. Stat. The Honorable Julie Williams Chief of Police City of Venice Police Department 1350 Ridgewood Avenue […]

Lori Wilson, Senator, 16th District, Cocoa Beach Attorney General of Florida — Opinion December 21, 1976 RE: BIRTH CERTIFICATES BUREAU OF VITAL STATISTICS — NO POWER TO PROHIBIT ISSUANCE OF CERTIFICATES WITH HYPHENATED COMBINATION OF MOTHER’S MAIDEN NAME AND FATHER’S SURNAME Birth certificates and hyphenated names Robert L. Shevin, Attorney General Prepared by: Sharyn L. […]

The Honorable Ronald W. Mason City Councilman Attorney General of Florida — Opinion January 11, 1994 RE: MUNICIPALITIES — CURFEWS — JUVENILES — MINORS — ORDINANCES — authority of municipality to adopt juvenile curfew ordinance. Juvenile curfew ordinance Robert A. Butterworth Attorney General The Honorable Ronald W. Mason City Councilman, At-Large District 2 City Hall, […]

O. E. Frye, Jr., Director, Game and Fresh Water Fish Commission, Tallahassee Attorney General of Florida — Opinion April 8, 1976 RE: GAME AND FRESH WATER FISH COMMISSION MAY ADOPT RULE HAVING FUTURE EFFECTIVE DATE Rule with future effective date Robert L. Shevin, Attorney General Prepared by: Donald D. Conn, Assistant Attorney General QUESTIONS: 1. […]

Oliver Lowe, Charlotte County Property Appraiser, Punta Gorda Attorney General of Florida — Opinion August 12, 1976 RE: TAXATION PROFESSIONALLY UNRELATED PHYSICIANS WHO CERTIFY TO DISABILITY OF TAX EXEMPTION CLAIMANTS — “PROFESSIONALLY UNRELATED” DEFINED Certification of tax exempt claimants Robert L. Shevin, Attorney General Prepared by: Joseph C. Mellichamp III, Assistant Attorney General QUESTION: Are […]

Ray C. Knopke, Representative, 67th District, Tampa Attorney General of Florida — Opinion May 17, 1976 RE: HOMESTEAD EXEMPTION LEGISLATURE DOES NOT HAVE POWER TO DEFINE SECOND HOMESTEAD EXEMPTION TO INCLUDE COST-OF-LIVING ADJUSTMENTS Homestead exemption Robert L. Shevin, Attorney General Prepared by: Caroline C. Mueller, Assistant Attorney General and David Slaughter, Legal Intern QUESTION: May […]

John M. Spottswood, Jr. Attorney Attorney General of Florida — Opinion April 10, 1992 Monroe Cty. Housing Authority/Board ins. benefits Robert A. Butterworth Attorney General John M. Spottswood, Jr. Attorney for Board of Commissioners of Monroe County Housing Authority QUESTION: Is the Monroe County Housing Authority authorized by s. 421.05(1), F.S., to provide health insurance […]

Ms. Lillie Mae Greene Attorney General of Florida — Opinion December 9, 1988 Dual officeholding by deputy clerk Robert A. Butterworth Attorney General Ms. Lillie Mae Greene Deputy Clerk Taylor County 208 Third Street Perry, Florida 32347 Dear Ms. Greene: You ask substantially the following question: May a deputy clerk of the circuit court simultaneously […]

Mr. Irvin S. Cowie Attorney General of Florida — Opinion August 12, 1983 Abandoning rights to public park Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Irvin S. Cowie County Attorney Polk County Post Office Box 60 Bartow, Florida 33830 Attention: Dawn Grant Kahre Assistant County Attorney Dear Mr. Cowie: […]

The Honorable Bob Graham Attorney General of Florida — Opinion March 12, 1981 Executive office of the governor Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General The Honorable Bob Graham Governor, State of Florida QUESTION: Is the Governor’s Energy Office authorized by law to administer and disburse federal funds to conduct a […]

William J. Roberts Attorney General of Florida — Opinion March 11, 1980 Dual officeholding ; county commissioner and board Jim Smith, Attorney General Prepared by: John W. Williams, Assistant Attorney General William J. Roberts General Counsel State Association of County Commissioners Tallahassee QUESTION: May a county commissioner serve, by appointment of the county commission, as […]

Harold M. Wayne, St. Johns County Tax Assessor, St. Augustine Attorney General of Florida — Opinion March 6, 1974 RE: TAXATION — REQUISITES FOR TAX EXEMPTION Tax exemption Robert L. Shevin, Attorney General Prepared by: J. Kendrick Tucker, Assistant Attorney General, and David M. Hudson, Legal Intern QUESTION: Are the following organizations entitled to exemption […]

Mr. George Siegrist Attorney General of Florida — Opinion April 20, 1987 Review board for reviewing complaints against officers Robert A. Butterworth Attorney General Mr. George Siegrist Chief of Police City of West Palm Beach Post Office Box 1390 West Palm Beach, Florida 33402 Attention: Ric L. Bradshaw Deputy Chief of Police Dear Chief Siegrist: […]

Thomas A. Bustin Attorney General of Florida — Opinion October 11, 1978 Taxation, municipal, interstate commerce Robert L. Shevin, Attorney General Prepared by: Maxie Broome, Jr., Assistant Attorney General Thomas A. Bustin City Attorney Clearwater QUESTION: Is a business that publishes or prints a television guide outside the municipality’s jurisdiction and distributes such publication to […]

Woodie A. Liles, Hillsborough County Attorney, Tampa Attorney General of Florida — Opinion July 1, 1974 RE: TAXATION PAYMENT OF ASSESSOR’S AND COLLECTOR’S COMMISSIONS ON NONVOTED SCHOOL DISTRICT MILLAGE Payment of assessor’s and collector’s commissions Robert L. Shevin, Attorney General Prepared by: Sydney H. McKenzie III, Assistant Attorney General, and Susan Potter, Legal Intern QUESTION: […]

Mr. David G. Tucker Escambia County Attorney Attorney General of Florida — Opinion April 3, 1995 RE: COUNTIES — EMERGENCY MANAGEMENT — evacuation order by county commission pursuant to Chapter 252, Fla. Stat. Ch. 252, Fla. Stat. Evacuation order by county commission Robert A. Butterworth Attorney General Mr. David G. Tucker Escambia County Attorney 14 […]

The Honorable Jim Appleman Attorney General of Florida — Opinion December 7, 1983 State attorneys as law enforcement officers Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General The Honorable Jim Appleman State Attorney Fourteenth Judicial Circuit Jackson County Courthouse Post Office Box 1561 Marianna, Florida 32446 Dear Mr. Appleman: This is […]

C. Burton Marsh, Clerk, Circuit Court, Bushnell Attorney General of Florida — Opinion October 22, 1974 RE: STATE CORRECTIONS SCOPE OF “STATE PRISON FARM AT RAIFORD” State prison farm at Raiford Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General QUESTION: Do the words “state prison farm at Raiford” in s. […]