Category: Florida Attorney General Opinions

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. […]

Lori Parrish. Attorney General of Florida — Opinion. March 30, 2007 RE: TAXATION — AD VALOREM TAXATION — EDUCATION — exemption of educational property partially used for non-educational purposes. ss. 196.192, 196.198, Fla. Stat. The Honorable Lori Parrish Broward County Property Appraiser 115 South Andrews Avenue Room 111 Fort Lauderdale, Florida 33301 BILL MCCOLLUM, Attorney […]

Tom Webb, Secretary, Department of Transportation, Tallahassee Attorney General of Florida — Opinion July 14, 1975 RE: UNIFORM TRAFFIC CONTROL LAW COUNTIES MAY NOT ESTABLISH SPEED LIMITS FOR STATE ROADS Counties and speed limits for state roads Robert L. Shevin, Attorney General Prepared by: Donald D. Conn, Assistant Attorney General QUESTION: May a county establish […]

Dorothy W. Glisson, Secretary of State, Tallahassee Attorney General of Florida — Opinion August 27, 1974 RE: ELECTIONS INTENTIONAL VIOLATION OF FINANCIAL DISCLOSURE LAW DISQUALIFIES CANDIDATE — SECRETARY OF STATE TO SO CERTIFY Violation of financial disclosure law Robert L. Shevin, Attorney General Prepared by: William C. Sherrill, Jr., Assistant Attorney General QUESTIONS: 1. Is […]

Ms. Mary B. Childs Attorney General of Florida — Opinion April 20, 1982 Hospital authority; millage rate Jim Smith, Attorney General Prepared by: Barbara Staros Harmon, Assistant Attorney General Ms. Mary B. Childs Clerk of Courts Columbia County Post Office Box 1965 Lake City, Florida 32055 Dear Ms. Childs: This is in response to your […]

Mr. Dennis E. Lyles Fort Lauderdale City Attorney Attorney General of Florida — Opinion June 15, 1994 RE: RECORDS — PUBLIC OFFICERS AND EMPLOYEES — PERSONNEL FILES — MUNICIPALITIES — city may not enter into collective bargaining agreement to remove certain material from employee’s personnel file, absent express legislative/statutory authority exempting such material from the […]

The Honorable George Firestone Attorney General of Florida — Opinion September 16, 1981 Historic preservation boards Jim Smith, Attorney General Prepared by: William D. Hall, Jr., Assistant Attorney General The Honorable George Firestone Secretary of State QUESTION: What is the precise legal and administrative relationship between the Department of State and the Historic Preservation Boards […]

Doyle Conner, Commissioner of Agriculture, Tallahassee Attorney General of Florida — Opinion January 6, 1976 RE: PUBLIC EMPLOYEES’ TRAVEL AGENCY MAY NOT PAY TRAVEL AND PER DIEM EXPENSES DIRECTLY TO RESTAURANTS AND MOTELS Travel expenses and payments to motels Robert L. Shevin, Attorney General Prepared by: Martin S. Friedman, Assistant Attorney General QUESTION: Is it […]

J. Bert Grandoff Hillsborough County Attorney Attorney General of Florida — Opinion December 17, 1979 Utility costs, county buildings Joslyn Wilson Assistant Attorney General J. Bert Grandoff Hillsborough County Attorney Tampa QUESTION: May the Hillsborough County Board of County Commissioners require the clerk of the circuit court to specifically budget for utility costs as the […]

Edward J. Hopkins. Attorney General of Florida — Opinion. August 3, 2006 RE: SOVEREIGN IMMUNITY — HOSPITAL DISTRICTS — NONPROFIT CORPORATIONS — applicability of sovereign immunity provisions to the Citrus County Health Foundation, leasing the Citrus County Hospital Board’s facilities. s. 768.28, Fla. Stat. Mr. Edward J. Hopkins Special Counsel Citrus County Hospital Board 1 […]

Mr. Gordon B. Johnston Attorney General of Florida — Opinion June 5, 2002 RE: ADVISORY BOARDS — COUNTIES — VOTING — GOVERNMENT IN THE SUNSHINE LAW — advisory board members subject to voting requirements of s. 286.012, Fla. Stat. Advisory Boards, voting requirements Robert A. Butterworth Attorney General Mr. Gordon B. Johnston Marion County Attorney […]

Alan Trask, Senator, 13th District, Fort Meade Attorney General of Florida — Opinion July 3, 1975 RE: TOLL BRIDGES AND FERRIES EXEMPTION FOR CLERGYMEN AND THEIR VEHICLES Exemption for clergy tolls and ferries Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: Does the exemption from the payment of tolls […]

Arthur I. Jacobs Attorney General of Florida — Opinion November 9, 1978 Saltwater fish, regulation Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General Arthur I. Jacobs Nassau County Attorney Fernandina Beach QUESTION: Has a county ordinance which was enacted to amend a special act regulating the size of nets to […]

Mr. V. Frank Desguin Charlotte County Property Appraiser Attorney General of Florida — Opinion September 14, 2004 RE: PROPERTY APPRAISER — PARTNERSHIP HOMESTEAD EXEMPTION — TAXATION — FOREIGN LIMITED LIABILITY PARTNERSHIP — REAL PROPERTY — authority of partner of foreign limited liability partnership to claim homestead exemption for partnership property. ss. 196.031, 196.041, Fla. Stat.; […]

Michael E. Zealy, Lauderdale Lakes City Attorney, Fort Lauderdale Attorney General of Florida — Opinion May 28, 1976 RE: MUNICIPALITIES MAY NOT FINANCE MUNICIPAL FACILITY WITH NOTE SECURED BY MORTGAGE WITHOUT REFERENDUM APPROVAL Promissory note by municipality and referendum Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: In the […]

Harry N. Lembeck, Attorney for Dixie Drainage District, Hollywood Attorney General of Florida — Opinion June 17, 1976 RE: WATER-MANAGEMENT DISTRICTS PROXY VOTING IN ELECTION OF BOARD OF SUPERVISORS PERMITTED Proxy voting and water-management districts Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: Does s. 298.12, F. S., allow […]

Mr. Robert R. McDonald Attorney General of Florida — Opinion February 16, 1998 RE: PUBLIC OFFICERS AND EMPLOYEES — ATTORNEYS FEES — COUNTY — payment of attorneys fees for retired officer to defend lawsuit arising out of actions as public officer. s. 111.07, Fla. Stat. Attorney’s fees incurred by retired official Robert A. Butterworth Attorney […]

The Honorable James Russo Attorney General of Florida — Opinion December 13, 1983 Conflict committee; sunshine law Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General The Honorable James Russo Public Defender Eighteenth Judicial Circuit 600 South Hopkins Titusville, Florida 32796 Dear Mr. Russo: This is in response to your request for an […]

William A. Wilkes, Clay County Attorney, Green Cove Springs Attorney General of Florida — Opinion July 16, 1975 RE: COUNTIES NO AUTHORITY TO EMPLOY SECRETARY FOR COUNTY COURT JUDGE Authority to employ secretary Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: May a board of county commissioners employ the […]

Mr. Edward A. O’Connor, Jr. Attorney General of Florida — Opinion October 12, 1994 RE: SPACEPORT FLORIDA AUTHORITY — SPECIAL DISTRICTS — COUNTIES — Spaceport Florida Authority is a multicounty independent special district under Ch. 189, F.S. Spaceport Florida Authority Robert A. Butterworth Attorney General Mr. Edward A. O’Connor, Jr. Executive Director Spaceport Florida Authority […]

Ms. Amy Jones Attorney General of Florida — Opinion November 9, 1999 RE: DEPARTMENT OF HEALTH — LICENSES — ALIENS — authority of department to process professional license applications in absence of social security number. s. 455.564, Fla. Stat. Processing aliens’ professional license applications Robert A. Butterworth Attorney General Ms. Amy Jones Acting General Counsel […]

Ms. Karen L. Bzdyk District Eleven CHPA Board Attorney Attorney General of Florida — Opinion April 7, 1994 RE: COMMUNITY HEALTH PURCHASING ALLIANCE — ADVISORY COMMITTEES — MEMBERS — authority of community health purchasing alliance board of directors to create advisory committees that include nonmembers. ss. 408.70-408.706, Fla. Stat. (1993). Community Health Purchasing Alliance Board […]

Mr. Robert S. Swaine. Attorney General of Florida — Opinion. November 7, 2007 RE: CONSULTANTS COMPETITIVE NEGOTIATION ACT — SPECIAL DISTRICTS — SPECIAL ACTS — AIRPORT AUTHORITY — bidding procedures for airport authority. s. 287.055, Fla. Stat.; Ch. 2005-300, Laws of Fla. Mr. Robert S. Swaine Attorney for the Sebring Airport Authority Swaine, Harris Sheehan, […]

Mr. Victor J. Troiano Troiano Roberts Attorneys Attorney General of Florida — Opinion March 2, 1994 RE: CLERK OF COURT — PUBLIC FUNDS — REGISTRY OF COURT — length of time Clerk of Court should keep funds deposited into registry of the court transferring a judgment lien to security. s. 55.10(6), Fla. Stat. (1993). How […]

Cecil T. Farrington, Attorney for Downtown Development Authority, Fort Lauderdale Attorney General of Florida — Opinion August 29, 1975 RE: PUBLIC OFFICER OFFICER INTERESTED IN ISSUE BEFORE PUBLIC BODY NOT DISQUALIFIED FROM VOTING — ATTENDANCE MAY BE COUNTED FOR QUORUM Official and conflict of interest Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, […]

The Honorable T.J. “Jerry” Greeson Attorney General of Florida — Opinion May 24, 1990 CLERKS OF COURT — JUDICIAL SALES — clerk must possess the uniform affidavit of proof of publication prior to issuing the certificate of sale Judicial sales, proof of publication Robert A. Butterworth Attorney General The Honorable T.J. “Jerry” Greeson Clerk of […]

The Honorable Ralph D. Turlington Attorney General of Florida — Opinion September 30, 1983 Application of F.S. 112.0801 before effective date Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistant Attorney General The Honorable Ralph D. Turlington Commissioner of Education Department of Education The Capitol Tallahassee, Florida 32301 Dear Commissioner Turlington: This is in response […]

The Honorable Ernest Ellison Attorney General of Florida — Opinion October 18, 1983 Duties of school boards Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General The Honorable Ernest Ellison Auditor General State of Florida Post Office Box 1735 Tallahassee, Florida 32302 Dear Mr. Ellison: This is in response to your request for […]

Janet S. Leeser City Clerk City of Cape Canaveral Attorney General of Florida — Opinion April 18, 1991 Minutes of City Council Meetings / Public Records Robert A. Butterworth Attorney General Janet S. Leeser City Clerk City of Cape Canaveral QUESTION: When do the minutes of city council meetings become public records: when the clerk […]

Mr. Stephen C. Fredrickson Attorney General of Florida — Opinion July 24, 1990 RE: BAIL BOND REGULATORY BOARD — ADMINISTRATIVE LAW — GOVERNMENT-IN-THE-SUNSHINE — PUBLIC MEETINGS — each gathering of a board or commission at which official action is taken or foreseeable action may be taken must be noticed; quorum necessary to conduct official business […]

R. W. Weitzenfeld, Manatee County Sheriff, Bradenton Attorney General of Florida — Opinion August 19, 1976 RE: SHERIFFS SERVICE OF PROCESS ISSUED BY FOREIGN COURT — AUTHORITY, BOND Service of process issued by foreign court Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General QUESTIONS: 1. Are the sheriffs of the […]

Murray W. Overstreet, Jr. Attorney General of Florida — Opinion March 1, 1979 Counties, bank loans Craig B. Willis Assistant Attorney General Murray W. Overstreet, Jr. Osceola County Attorney Kissimmee QUESTION: May a board of county commissioners borrow money from a bank payable over a 3-year period for the purpose of making improvements to county […]

Ms. Anabel P. Mitchell Attorney General of Florida — Opinion May 1, 1984 Subpeonas from parole commission Jim Smith Attorney General Ms. Anabel P. Mitchell Chairman Parole and Probation Commission 1309 Winewood Boulevard Building 6, Third Floor Tallahassee, Florida 32301 Dear Ms. Mitchell: This is in response to your request for an opinion on the […]

Lawrence Braisted, City Attorney, Winter Haven Attorney General of Florida — Opinion January 23, 1975 RE: TAXATION MUNICIPALITY MAY NOT EXEMPT NONPROFIT ORGANIZATIONS THAT ARE NOT CHURCHES FROM PUBLIC SERVICE TAX Public service tax and exempt organizations Robert L. Shevin, Attorney General Prepared by: Joseph C. Mellichamp III, Assistant Attorney General QUESTION: May a municipality […]

The Honorable Winston W. Gardner, Jr. Attorney General of Florida — Opinion April 23, 1990 RE: ANIMALS — CRUELTY TO ANIMALS — DOG TRAINING — use of live or dead rabbits in the training of greyhounds as violative of cruelty to animals statute and animal fighting act. ss. 828.12 and 828.122, F.S. Use of live […]

Mr. Neal D. Bowen Osceola County Attorney Attorney General of Florida — Opinion September 5, 1986 Authority to levy tax for service taxing unit Jim Smith Attorney General Mr. Neal D. Bowen Osceola County Attorney 17 South Vernon Avenue, Room 155 Kissimmee, Florida 32741-5498 Dear Mr. Bowen: This is in response to your request for […]

Mr. Charles J. Cino Flagler Beach City Attorney Attorney General of Florida — Opinion April 30, 2004 RE: MUNICIPALITIES — BOUNDARIES — ANNEXATION — CONTRACTION — REFERENDUM — authority of municipality to impose additional requirements for annexation of municipal boundaries; authority to call referendum on issue of contraction. ss. 171.044, 171.051, Ch. 171, Fla. Stat. […]

Mr. Loren E. Levy Attorney General of Florida — Opinion September 24, 2008 RE: TAXATION — AD VALOREM TAXATION — TAX EXEMPTIONS — CHARITIES — tax exempt status of unimproved property held by Habitat for Humanity. s. 196.1978, Fla. Stat. Mr. Loren E. Levy The Levy Law Firm 1828 Riggins Lane Tallahassee, Florida 32308 Bill […]

O. J. Keller, Secretary, Department of Health and Rehabilitative Services, Tallahassee Attorney General of Florida — Opinion February 12, 1975 RE: DIVISION OF CORRECTIONS MEDICAL TREATMENT FOR STATE PRISONERS — WHEN RENDERED Medical treatment for state prisoners Robert L. Shevin, Attorney General Prepared by: William C. Sherrill, Jr., Assistant Attorney General QUESTIONS: 1. May the […]

Ms. Susan F. Delegal Attorney General of Florida — Opinion February 18, 1985 Review of municipal rezonings Jim Smith Attorney General Ms. Susan F. Delegal General Counsel Board of County Commissioners Broward County Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Dear Ms. Delegal: This is in response to your request […]

Mr. Robert D. Pritt Legal Counsel Attorney General of Florida — Opinion April 30, 2004 RE: SPECIAL DISTRICTS — FIRE CONTROL DISTRICTS — PUBLIC OFFICERS — VOTING — MEETINGS — authority of district board member to abstain from voting. ss. 112.311, 112.313, 112.3143, 191.006 and 286.012, Fla. Stat.; Ch. 00-396, Laws of Florida. Special district, […]

Mr. Patrick Gallagher Attorney General of Florida — Opinion May 4, 1982 Correctional officers and incentive pay Jim Smith, Attorney General Prepared by: A.S. Johnston, Assistant Attorney General Mr. Patrick Gallagher Executive Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302 Dear Mr. Gallagher: You have requested my opinion on […]

John F. Bennett City Attorney Attorney General of Florida — Opinion April 13, 1992 Municipal service taxing units Robert A. Butterworth Attorney General John F. Bennett City Attorney City of Belle Isle QUESTION: Does the City of Belle Isle have the authority to create municipal service taxing units within the city to cover the costs […]

Mr. Neal D. Bowen Attorney General of Florida — Opinion February 16, 1981 Municipalities, Ad valorem tax millage rates Jim Smith, Attorney General Prepared by: William D. Hall, Jr., Assistant Attorney General Mr. Neal D. Bowen City Attorney City of Sanibel QUESTION: Is the Sanibel City Council required to adopt its millage rate and levy […]

Joel J. Strawn Attorney General of Florida — Opinion March 9, 1978 Liability of hospital district Robert L. Shevin, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Joel J. Strawn Attorney for Southeastern Palm Beach County Hospital District Delray Beach QUESTION: In light of the amendment to s. 768.28, F. S., by Ch. 77-86, […]

Richard C. Fellows, City Manager, Green Cove Springs Jonathan H. Hancock, Avon Park City Attorney, Sebring Attorney General of Florida — Opinion July 22, 1974 RE: MUNICIPALITIES FIRE PROTECTION — EXTRATERRITORIALITY Fire protection outside municipal boundaries Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: May the City of Avon […]

Mr. Herbert A. Langston, Jr. Maitland City Attorney Attorney General of Florida — Opinion November 17, 1994 RE: MUNICIPALITIES — DUAL OFFICEHOLDING — LAW ENFORCEMENT OFFICERS — FIREFIGHTERS — RETIREMENT — certain city officers designated by ordinance may serve ex officio as members of police officers’ and firefighters’ pension fund without violating dual officeholding. Art. […]

The Honorable Enid D. Earle Attorney General of Florida — Opinion January 15, 1988 Resignation of constitutional officer Robert A. Butterworth Attorney General The Honorable Enid D. Earle Supervisor of Elections Post Office Drawer 2545 Fort Myers, Florida 33902 Dear. Mrs. Earle: You have asked my opinion on the following questions: 1. When a constitutional […]

Stephen A. Melnick Legal Advisor Boca Raton Police Department Attorney General of Florida — Opinion September 12, 1991 Juveniles driving under the influence Robert A. Butterworth Attorney General Stephen A. Melnick Legal Advisor Boca Raton Police Department QUESTION: Does s. 316.193(9), F.S., as created by s. 18, Ch. 91-255, Laws of Florida, apply to juveniles […]

The Honorable Lillie Mae Greene Chairperson Attorney General of Florida — Opinion February 5, 1992 Prison as a for-profit, private business Robert A. Butterworth Attorney General The Honorable Lillie Mae Greene Chairperson Taylor County Board of County Commissioners QUESTION: May a county operate a prison as a for-profit, private business to house state and federal […]

Mr. Larry Haag Attorney General of Florida — Opinion October 4, 1990 RE: PUBLIC RECORDS — COUNTIES — imposition of less than statutorily set fee for copies of public records Public record, fee for copies Robert A. Butterworth Attorney General Mr. Larry Haag Citrus County Property Appraiser 107 North Park Avenue, Suite 8 Inverness, Florida […]

H. Paul Baker, Judge, Circuit Court, Miami Attorney General of Florida — Opinion November 15, 1976 RE: WEAPONS AND FIREARMS POSSESSION OF FIREARM AT PLACE OF BUSINESS WHEN COWORKER WHO IS CONVICTED FELON WHOSE CIVIL RIGHTS HAVE NOT BEEN RESTORED WOULD BE IN CLOSE PROXIMITY TO SUCH FIREARM Firearms and the workplace Robert L. Shevin, […]

Ms. Noreen S. Dreyer County Attorney Attorney General of Florida — Opinion January 8, 1992 Vacancy in office — Residence included in other district Robert A. Butterworth Attorney General Ms. Noreen S. Dreyer County Attorney Martin County QUESTION: Has the term of office expired or does a vacancy in office exist when an appointed member […]

Mr. James C. Brady Attorney General of Florida — Opinion November 3, 2003 RE: MUNICIPALITIES — CHARTERS — ELECTIONS — PUBLIC OFFICERS — change in election date for city officials set forth in charter. ss. 100.3065, 166.021 and 166.031, Fla. Stat. Municipal charter, change in election date Charlie Crist Attorney General Mr. James C. Brady […]

Chief William C. Watford Attorney General of Florida — Opinion October 16, 1997 RE: MUNICIPALITIES — FINES — LAW ENFORCEMENT — use of civil penalty for law enforcement automation. s. 318.21(10), Fla. Stat. Civil penalty used for law enforcement automation Robert A. Butterworth Attorney General Chief William C. Watford Cottondale Police Department Post Office Box […]

Mr. Raymond Rea Attorney General of Florida — Opinion January 16, 1990 Municipal Home Rule Powers Act, effect on charter Robert A. Butterworth Attorney General Mr. Raymond Rea City Attorney City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Dear Mr. Rea: You ask substantially the following question: What is the effect […]

Mr. Lonnie N. Groot Oviedo City Attorney Attorney General of Florida — Opinion September 14, 2004 RE: MUNICIPALITIES — UNIFORM TRAFFIC CONTROL — ROADS — HOMEOWNERS ASSOCIATIONS — authority of municipality to abandon roads and convey to homeowners’ association. ss. 316.007 and 316.00825, Fla. Stat. Municipality, abandonment of roads Charlie Crist Attorney General Mr. Lonnie […]

Ray W. Pennebaker Attorney General of Florida — Opinion April 11, 1980 Authority to impose taxes on annexed land Jim Smith, Attorney General Prepared by: David K. Miller, Assistant Attorney General Ray W. Pennebaker Assistant County Attorney Deland Robert M. Carr City Attorney Port Orange QUESTIONS: 1. Is the City of Port Orange authorized to […]

Dick Clark, Chairman, House Subcommittee on Professional and Occupational Licensing and Examining, Tallahassee Attorney General of Florida — Opinion October 28, 1975 RE: REGULATION OF PROFESSIONS REGULATORY BOARD HAS NO AUTHORITY TO SEE THAT EXAMINATIONS MEET PROFESSIONALLY ACCEPTABLE STANDARDS Professional examination standards Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General […]

Wallace W. Henderson Attorney General of Florida — Opinion December 22, 1978 Division of State Planning, publication costs Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General Wallace W. Henderson Secretary Department of Administration Tallahassee QUESTION: Is the Division of State Planning required to charge and collect from all recipients a […]

Mr. Mark Kane Goldstein Attorney General of Florida — Opinion February 19, 1981 Community Redevelopment Agencies Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Mark Kane Goldstein Mayor-Commissioner, Gainesville City Commission Mr. Ken McGurn Chairman Gainesville Development Authority QUESTION: What is the meaning and scope of the prohibition contained in s. […]

Mr. Michael J. Stebbins Attorney General of Florida — Opinion August 29, 2008 RE: SPECIAL DISTRICTS — SANTA ROSA ISLAND AUTHORITY — TAXATION — authority of special district to rebate ad valorem taxes. Ch. 24500, Laws of Fla. 1947. Mr. Michael J. Stebbins Attorney, Santa Rosa Island Authority 504 North Baylen Street Pensacola, Florida 32501 […]

Mr. Howard B. Lenard City Attorney Attorney General of Florida — Opinion March 10, 1986 Leave of absence for military leave Jim Smith Attorney General Mr. Howard B. Lenard City Attorney City of North Miami Beach 17011 N.E. 19th Avenue North Miami Beach, Florida 33162 Dear Mr. Lenard: This is in response to your request […]

The Honorable Bob Graham Attorney General of Florida — Opinion June 22, 1981 Balance of unencumbered funds Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General The Honorable Bob Graham Governor, State of Florida QUESTION: Does any balance of undisbursed and unencumbered funds appropriated from the general revenue fund to the Commission on […]

Ernest Ellison Auditor General Tallahassee Attorney General of Florida — Opinion February 27, 1979 Sheriffs providing private security services Joslyn Wilson Assistant Attorney General Ernest Ellison Auditor General Tallahassee QUESTION: In light of applicable statutory and constitutional provisions, may the personnel, office equipment, official material and supplies, and office space of the office of the […]

Roger G. Saberson City Attorney Attorney General of Florida — Opinion February 16, 1979 Public funds, private roads Jerald S. Price Assistant Attorney General Roger G. Saberson City Attorney Delray Beach QUESTION: Can a city spend public funds to maintain privately owned streets in a residential subdivision located within the city without violating s. 10, […]

Mr. Kevin K. Dixon Crystal River City Attorney Attorney General of Florida — Opinion February 29, 1996 RE: MUNICIPALITIES — REAL PROPERTY — BIDS — procedures for disposition of surplus municipal property. ss. 166.042 and 125.35, Fla. Stat. Municipalities — disposition of surplus property Robert A. Butterworth Attorney General Mr. Kevin K. Dixon Crystal River […]

Rudy Underdown, Brevard County Tax Collector, Titusville Attorney General of Florida — Opinion October 30, 1974 RE: TAXATION PRIORITY OF COMPETING TAX LIENS Priority of competing tax liens Robert L. Shevin, Attorney General Prepared by: Stephen E. Mitchell, Assistant Attorney General QUESTIONS: 1. Does the levy upon the sale of personal property by the Internal […]

C. Bette Wimbish Attorney General of Florida — Opinion February 21, 1978 Retroactive application, victim compensation Robert L. Shevin, Attorney General Prepared by: David K. Miller, Assistant Attorney General C. Bette Wimbish Chairperson Florida Crimes Compensation Commission Tallahassee QUESTIONS: 1. Is the one-year limitation on the filing of claims under the Florida Crimes Compensation Act, […]

The Honorable Reginald C. James. Attorney General of Florida — Opinion April 8, 2008 RE: SCHOOLS — SCHOOL ADVISORY COUNCIL — composition of school advisory council to reflect ethnic, racial and economic community served by school. s. 1001.452, Fla. Stat. The Honorable Reginald C. James Superintendent Gadsden County School District 35 Martin Luther King, Jr. […]

Ms. Debra L. Romanello Attorney Attorney General of Florida — Opinion February 14, 1986 Authority of planning commission to amend plan Jim Smith Attorney General Ms. Debra L. Romanello Attorney for the Hillsborough County City-County Planning Commission 401 South Florida Avenue Tampa, Florida 33602 Dear Ms. Romanello: This is in response to your request for […]

Mr. Steven A. Ramunni Attorney General of Florida — Opinion February 13, 2004 RE: DUAL OFFICE-HOLDING — MUNICIPALITIES — PUBLIC OFFICERS AND EMPLOYEES — building official charged with issuing permits and certificates of occupancy and administering city’s building code is officer for purposes of dual office-holding prohibition. Art. II, s. 5(a), Fla. Const. Dual office […]

Mr. Chester F. Blakemore Attorney General of Florida — Opinion March 2, 1982 Refusal to take chemical test; driving privilege Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Chester F. Blakemore Executive Director Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32301 Dear Mr. Blakemore: This […]

Alvin Taylor Attorney General of Florida — Opinion July 15, 1980 Corporal punishment Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Alvin Taylor Secretary, Department of Health and Rehabilitative Services Tallahassee QUESTION: What is the responsibility of the Department of Health and Rehabilitative Services pursuant to s. 827.09, F. S., in reporting […]

Owen N. Powell Attorney for Northwest Florida Planning and Advisory Council Bonifay Attorney General of Florida — Opinion November 2, 1977 Regional planning councils, travel reimbursement Robert L. Shevin, Attorney General Prepared by: Joslyn Wilson Assistant Attorney General QUESTION: Is the executive committee of the Northwest Florida Planning and Advisory Council, Inc., which is composed […]

Richard S. Hodes, Representative, 68th District, Tampa Attorney General of Florida — Opinion September 5, 1974 RE: SUNSHINE LAW APPLICABLE TO UNIVERSITY COUNCIL OF DEANS Sunshine law and university council of deans Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: Is the Council of Deans Committee at the University of South Florida subject to […]

Ms. Phyllis O. Douglas Attorney General of Florida — Opinion January 16, 1996 RE: SCHOOLS — PUBLIC OFFICERS AND EMPLOYEES — RETIREMENT — school board may pay part or all of insurance premium for retired school officers. s. 112.0801, Fla. Stat. Payment of retired school officers’ insurance Robert A. Butterworth Attorney General Ms. Phyllis O. […]

Ms. Denise Coffman Attorney General of Florida — Opinion August 23, 2005 RE: CLERKS OF COURT — PUBLIC DEFENDERS — INDIGENTS — CRIMINAL LAW — imposition of application fee on indigents using services of public defender. ss. 27.52, 27.562, 938.29, Fla. Stat. Public Defenders, imposition of application fee Ms. Denise Coffman Legal Counsel Palm Beach […]

Buddy C. Alexander Attorney General of Florida — Opinion August 28, 1979 Authority for settlement of claims Carol Z. Bellamy Assistant Attorney General Buddy C. Alexander Clerk Circuit Court Punta Gorda QUESTIONS: 1. May a partially self-insured county delegate authority for the settlement of tort claims within its self-insured portion of coverage to the adjusters […]

Guy H. Amason, Jr. Attorney Attorney General of Florida — Opinion February 5, 1979 Property appraisers, duties and responsibilities Harold F. X. Purnell Assistant Attorney General Guy H. Amason, Jr. Attorney for Iona-McGregor Fire Protection and Rescue Service District Harry Schooley Lee County Property Appraiser Ft. Myers QUESTIONS: 1. Is the property appraiser, at the […]

Mr. John Lewis Public Safety Director Attorney General of Florida — Opinion September 8, 1993 RE: LAW ENFORCEMENT OFFICERS — LAW ENFORCEMENT AGENCIES: confidentiality provisions in s. 112.533, F.S., may apply to complaints made by persons outside or within the employing agency. Law enforcement officers; confidentiality of complaints Robert A. Butterworth Attorney General Mr. John […]

Mr. David Wolpin. Attorney General of Florida — Opinion August 26, 2010. RE: TRAFFIC CAMERAS — TRAFFIC ENFORCEMENT — MUNICIPALITIES — CITATIONS — AUTOMOBILES — requirements for enforcement of Mark Wandall Traffic Safety Act relating to traffic cameras. ss. 316.008 and 316.0083, Fla. Stat. Mr. David Wolpin Weiss, Serota, Helfman, Pastoriza, Cole Boniske, P.L. 200 […]

The Honorable Marc A. Cianca Attorney General of Florida — Opinion January 23, 2002 RE: COURTS-JUDGES-ARBITRATION-MEDIATION — filing fee imposed under statute for mediation and arbitration may not be used for other purposes. s. 44.108, Fla. Stat. Judge, changing use of revenues from filing fees Robert A. Butterworth Attorney General The Honorable Marc A. Cianca […]

Mr. James G. Yaeger Attorney General of Florida — Opinion September 30, 1983 Authority to prohibit consumption of alcoholic drinks Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. James G. Yaeger County Attorney County of Lee Post Office Box 398 Fort Myers, Florida 33902-0398 Dear Mr. Yaeger: This is in […]

Mr. Paul H. Chipok. Attorney General of Florida — Opinion November 20, 2008 RE: DUAL OFFICE-HOLDING-VOTING-SPECIAL DISTRICTS-Volusia Growth Management Commission, status as county agency. Art. II, s. 5(a), Fla. Const.; s. 286.012, Fla. Stat. Mr. Paul H. Chipok Counsel, Volusia Growth Management Commission 140 South Beach Street Suite 305 Daytona Beach, Florida 32114 Bill McCollum, […]

George Firestone Attorney General of Florida — Opinion September 25, 1980 Contributor; principal place of business Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General George Firestone Secretary, Department of State Tallahassee QUESTIONS: 1. Under the reporting requirements of s. 106.07(4), F. S., does an individual contributor to a campaign have to report […]

Fred Lippman Attorney General of Florida — Opinion December 9, 1980 Regulating emergency medical transportation Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Fred Lippman Representative 94th District Hollywood QUESTIONS: 1. In light of the provisions of part III of ch. 401, F. S., is a municipality authorized to adopt its […]

Mr. James H. Siesky Attorney General of Florida — Opinion September 25, 1981 Financing anticipated debt; school board Jim Smith, Attorney General Prepared by: Linda Letters, Assistant Attorney General Mr. James H. Siesky Attorney for the School Board of Collier County QUESTION: May a district school board enter into a proposed tax anticipation note plan […]

Ms. Mary Kay Cariseo Attorney General of Florida — Opinion June 26, 2002 RE: DUAL OFFICEHOLDING — NONPROFIT CORPORATIONS — FLORIDA HEALTHY KIDS PROGRAM — COUNTIES — nomination of county commissioners by Florida Association of Counties to serve on board of directors of Florida Healthy Kids Corporation does not violate constitutional dual officeholding prohibition. Art. […]

Mr. Douglas R. Murdock Attorney General of Florida — Opinion January 27, 1998 RE: BUILDING CODES — COUNTIES — MUNICIPALITIES — authority of local governments to develop wind resistance regulations for one and two family dwellings. s. 553.73, Fla. Stat., as amended by Ch. 97-177, Laws of Florida. Building Codes, wind resistance regulations Robert A. […]

Terry Goembel, Seminole County Property Appraiser, Sanford Attorney General of Florida — Opinion April 16, 1975 RE: MUNICIPALITIES SAME TERRITORY IN TWO MUNICIPALITIES Same territory in two municipalities Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: What is the effect if one municipality annexes territory and, thereafter, the Legislature […]

David H. Bludworth, State Attorney, West Palm Beach Attorney General of Florida — Opinion April 19, 1976 RE: ELECTIONS STATEMENTS OPPOSING A PERSON’S CANDIDACY Statements opposing candidate Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTIONS: 1. Does an expression by mass media which opposes the candidacy of a particular […]

The Honorable David H. Pingree Attorney General of Florida — Opinion February 5, 1985 Authority to pay cost of parking 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 Attorney […]

Dr. E. T. York Attorney General of Florida — Opinion September 13, 1977 Medical Practice Act, nurses/physicians’ assistants Robert L. Shevin, Attorney General Prepared by: Walter Kelly Assistant Attorney General Dr. E. T. York Chancellor State University System Tallahassee QUESTIONS: 1. Must a registered nurse carry out medication and treatment orders given her by a […]

Mr. W. James Gooding III. Attorney General of Florida — Opinion. November 2, 2007 RE: MUNICIPALITIES — AIRPORTS — LEASES — term of lease of land acquired for airport purposes, but no longer needed. s. 332.08, Fla. Stat. Mr. W. James Gooding III Ocala Assistant City Attorney 1531 Southeast 36th Avenue Ocala, Florida 34471 Bill […]