Category: Florida Attorney General Opinions

Mr. Joseph G. Jarret Polk County Attorney Attorney General of Florida — Opinion November 23, 2004 RE: GOVERNMENT IN THE SUNSHINE — EMERGENCIES — COUNTIES — extension of declaration of state of local emergency; notice requirements when two or more commissioners coincidentally appear at meeting with staff to discuss emergency issues that foreseeably may come […]

Mr. Robert R. Dempsey Attorney General of Florida — Opinion May 12, 1983 Intercepting communications in suspect’s home Jim Smith, Attorney General Prepared by: Raymond L. Marky, Assistant Attorney General Mr. Robert R. Dempsey Commissioner Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Dear Mr. Dempsey: This is in response to your […]

J. T. Frankenberger, City Attorney, Vero Beach Attorney General of Florida — Opinion September 4, 1974 RE: ELECTIONS MUNICIPAL CAMPAIGN CONTRIBUTION ORDINANCES PREEMPTED BY STATE LAW Municipal campaign contribution ordinances Robert L. Shevin, Attorney General Prepared by: Michael Parrish, Assistant Attorney General QUESTION: Does Ch. 73-128, Laws of Florida, preempt the field of campaign contributions […]

Maureen Cullen Acting County Attorney Attorney General of Florida — Opinion November 21, 1991 Code of Ethics Robert A. Butterworth Attorney General Maureen Cullen Acting County Attorney Palm Beach County Question: May the county commission enact a code of ethics for county officers and employees which varies from the Code of Ethics in Part III, […]

Mr. Frank Comparetto, Jr. Attorney General of Florida — Opinion February 28, 2001 RE: MUNICIPALITIES — CHARTER — REFERENDUM — amendment of post 1973 municipal charter must be approved by referendum. s. 166.031, Fla. Stat. Amendment of municipal charter, referendum Robert A. Butterworth Attorney General Mr. Frank Comparetto, Jr. Mulberry City Attorney 114 North Tennessee […]

Mr. Jorge L. Fernandez Sarasota County Attorney Attorney General of Florida — Opinion July 15, 1994 RE: GOVERNMENT-IN-THE-SUNSHINE LAW — COUNTY COMMISSIONS — POLITICAL FORUMS — PUBLIC MEETINGS — applicability of Sunshine Law to political forums attended by county commissioners. s. 286.011, Fla. Stat. (1993). Sunshine Law to political forums Robert A. Butterworth Attorney General […]

The Honorable Bill Grant Attorney General of Florida — Opinion April 11, 1986 Effect of pardon Jim Smith Attorney General The Honorable Bill Grant Senator District Five 224 Senate Office Building Tallahassee, Florida 32301 Dear Senator Grant: This is in response to your request for an opinion on substantially the following question: WHAT IS THE […]

The Honorable Samuel R. Shorstein Attorney General of Florida — Opinion December 29, 1981 Mobile home dealers: set up procedures Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General The Honorable Samuel R. Shorstein Secretary, Department of Professional Regulation QUESTIONS: 1. May duly licensed mobile home dealers or duly licensed mobile home […]

Oliver Lowe, Charlotte County Property Appraiser, Punta Gorda Attorney General of Florida — Opinion March 12, 1975 RE: TAXATION EXEMPTION FOR PARTIALLY DISABLED EX-SERVICEMEN Partially disabled ex-servicemen and taxation Robert L. Shevin, Attorney General Prepared by: Zollie M. Maynard, Jr., Assistant Attorney General QUESTION: Is there a conflict between an informal opinion issued by this […]

John W. Mikos, Sarasota County Property Appraiser, Sarasota Attorney General of Florida — Opinion May 28, 1975 RE: TAXATION HUSBAND AND WIFE MAINTAINING SEPARATE RESIDENCES MAY BOTH QUALIFY FOR HOMESTEAD EXEMPTION Separate residences and homestead exemption Robert L. Shevin, Attorney General Prepared by: David M. Hudson, Assistant Attorney General QUESTION: Should a county property appraiser […]

Mr. Thomas H. Bateman, III Attorney General of Florida — Opinion May 15, 1989 State agencies and contingent fee contracts Robert A. Butterworth Attorney General Mr. Thomas H. Bateman, III General Counsel Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0450 Dear Mr. Bateman: You have asked substantially the following question: May the Department of […]

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 […]

William H. Lockward, Representative, 104th District, Tallahassee Attorney General of Florida — Opinion May 11, 1976 RE: HORSERACING TRANSFER OF PERMIT FROM ONE COUNTY TO ANOTHER — REFERENDUM REQUIREMENTS Transfer of permit from one county to another Robert L. Shevin, Attorney General Prepared by: James D. Whisenand, Deputy Attorney General QUESTION: Pursuant to s. 550.17, […]

The Honorable Jim Ford Property Appraiser Attorney General of Florida — Opinion March 21, 1989 Use of official vehicle as compensation Robert A. Butterworth Attorney General The Honorable Jim Ford Property Appraiser Brevard County Post Office Drawer `O’ Titusville, Florida 32781-0429 Dear Mr. Ford: You ask substantially the following question: Does the use of an […]

Mr. Timothy J. McFarland Attorney General of Florida — Opinion August 1, 2001 RE: COUNTY COMMISSION — DISTRICTS — COUNTY COMMISSIONERS’ DISTRICTS — COUNTIES — PRISONS — PRISONERS — counting prison population toward county population for districting purposes. Art. VIII, s. 1(e), Fla. Const.; ss. 1.01(7) and 124.01, Fla. Stat. Districting, counting prison population Robert […]

Larry E. Denney District Counsel U.S. Government Attorney General of Florida — Opinion July 17, 1991 Documentary Stamp Taxes Robert A. Butterworth Attorney General Larry E. Denney District Counsel U.S. Government Small Business Administration QUESTION: In the event of a foreclosure sale of real property securing a loan for which the Small Business Administration (SBA) […]

B. Paul Pettie, Jr., Margate City Attorney, Pompano Beach Attorney General of Florida — Opinion February 19, 1976 RE: MUNICIPALITIES POWER TO REGULATE SITUS OF LIQUOR VENDING ESTABLISHMENTS Authority to regulate liquor vendors Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: Does the governing body of a municipality have […]

Robert S. Appleton, Key Colony Beach City Attorney, Marathon Attorney General of Florida — Opinion June 19, 1975 RE: MUNICIPAL HOME RULE POWERS ACT POWER TO BORROW MONEY Power to borrow money Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: May a municipal governing body borrow money to pay […]

P. T. Brimer, Director of Finance, Brevard County School Board, Titusville Attorney General of Florida — Opinion February 20, 1975 RE: PUBLIC EMPLOYEES PROVISION OF DISABILITY INCOME PROTECTION INSURANCE WITH PUBLIC FUNDS Disability income protection and public employees Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: May a school […]

David H. Pingree Attorney General of Florida — Opinion May 17, 1979 Group home loan forgiveness Craig B. Willis Assistant Attorney General David H. Pingree Secretary Department of Health and Rehabilitative Services Tallahassee QUESTION: May the Department of Health and Rehabilitative Services forgive annual repayments for loans made to group-living homes prior to October 1, […]

Mr. Steven A. Schultz. Attorney General of Florida — Opinion October 14, 2008 RE: VALUE ADJUSTMENT BOARDS — RESIDENCY — QUALIFICATIONS — qualifications for service as citizen member of value adjustment board who owns business located within school district. s. 194.015, Fla. Stat., as amended by Ch. 2008-197, Laws of Fla. Mr. Steven A. Schultz […]

Ben L. Bryan, Jr., Attorney for St. Lucie County Sheriff, Fort Pierce Attorney General of Florida — Opinion October 21, 1974 RE: EXECUTION SALES DISPOSITION OF UNSOLD PROPERTY Disposition of unsold property and execution sales Robert L. Shevin, Attorney General Prepared by: Thomas A. Harris, Assistant Attorney General QUESTION: How should a sheriff dispose of […]

Michael E. Zealy, Tamarac City Attorney, Fort Lauderdale Attorney General of Florida — Opinion September 23, 1974 RE: MUNICIPALITIES MAY NOT INSPECT PRIVATE BUILDINGS WITHOUT WARRANT Inspecting private buildings without a warrant Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: May the city council provide for the entry upon and inspection of private buildings […]

J. Ed Straughn, Executive Director, Department of Revenue, Tallahassee Attorney General of Florida — Opinion June 1, 1976 RE: TAXATION APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT TO STANDARD ASSESSMENT PROCEDURES, FORMS, AND MEASURES OF VALUE Administrative procedure act and taxation Robert L. Shevin, Attorney General Prepared by: Joseph C. Mellichamp III, Assistant Attorney General QUESTIONS: 1. […]

Mr. Tom W. Conely, III Attorney General of Florida — Opinion December 21, 1995 RE: EDUCATION — SCHOOL BOARDS — STUDENTS — school board may not charge tuition to Florida resident even though student resides in another district. Art. IX, ss. 1 and 4(b), Fla. Const.; s. 228.051, Fla. Stat. Schools, tuition charged to Florida […]

Eugene M. Steinfeld. Attorney General of Florida — Opinion November 21, 2005. RE: MUNICIPALITIES — SMOKING — FLORIDA CLEAN INDOOR AIR ACT — regulationof smoking preempted to the state, precluding municipality fromregulating smoking in public areas by ordinance. s. 386.209, Fla. Stat. Mr. Eugene M. Steinfeld Margate City Attorney 5790 Margate Boulevard Margate, Florida 33063 […]

Mr. Gary M. Brandenburg County Attorney Attorney General of Florida — Opinion July 17, 1986 Supervisor of election, nonpartisan election Jim Smith Attorney General Mr. Gary M. Brandenburg County Attorney Palm Beach County Post Office Box 1989 West Palm Beach, Florida 33402-1989 Dear Mr. Brandenburg: This is in response to your request, in your capacity […]

Don J. Caton Attorney General of Florida — Opinion December 22, 1978 Municipalities, utilities Robert L. Shevin, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Don J. Caton City Attorney Pensacola QUESTION: Does the language `district, private corporation, board, body or person supplying water to or selling water for use on such premises’ contained […]

Mr. Terence M. Brown Attorney General of Florida — Opinion January 27, 1983 Authority to contribute to nonprofit corporation Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Terence M. Brown City Attorney City of Starke 142 West Call Street Post Office Drawer 40 Starke, Florida 32091 Dear Mr. Brown: This […]

John J. Blair, State Attorney, Sarasota Attorney General of Florida — Opinion April 14, 1975 RE: STATE ATTORNEY DUTY TO SECURE WITNESSES UNDER UNIFORM DISPOSITION OF TRAFFIC INFRACTIONS ACT Uniform disposition of traffic infractions act Robert L. Shevin, Attorney General Prepared by: Donald D. Conn, Assistant Attorney General QUESTION: Does a state attorney have the […]

To; William E. Crotty, Attorney for Halifax District Hospital, Daytona Beach Attorney General of Florida — Opinion May 10, 1974 RE: TAXATION LOCAL GOVERNING AUTHORITY’S POWER TO REVIEW BUDGET OR TAX LEVY OF SPECIAL DISTRICT — LINE ITEM REVIEW IMPERMISSIBLE Line item review of tax levy of special district Robert L. Shevin, Attorney General Prepared […]

Chester W. Stolzenburg, Senator, 29th District, Tallahassee Attorney General of Florida — Opinion May 27, 1974 RE: MUNICIPALITIES RULES OF AUDITOR GENERAL RELATING TO ACCOUNTING AND BOOKKEEPING PROCEDURES Municipalities and accounting procedures Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: Must the Auditor General require that municipalities adopt written […]

John J. Copelan, Jr. Broward County Attorney Attorney General of Florida — Opinion April 16, 1991 Public Street or Highway Robert A. Butterworth Attorney General John J. Copelan, Jr. Broward County Attorney QUESTION: 1. Is a pay public parking garage at an airport operated by Broward County a “public street or highway” as defined in […]

Mr. Daniel S. McIntyre County Attorney Attorney General of Florida — Opinion April 12, 1988 Commissioner living outside district Robert A. Butterworth Attorney General Mr. Daniel S. McIntyre County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Dear Mr. McIntyre: You ask substantially the following question: May a county commissioner whose district’s […]

Raymond J. Moudry, Representative, 79th District, West Palm Beach Attorney General of Florida — Opinion August 6, 1974 RE: NONPROFIT ORGANIZATIONS ELIGIBILITY FOR LIQUOR LICENSE WITHOUT CHANGE OF NONPROFIT STATUS Nonprofit organization and liquor license Robert L. Shevin, Attorney General Prepared by: J. Kendrick Tucker, Assistant Attorney General QUESTION: Is the Palm Beach County Shrine […]

Gary E. Massey Attorney General of Florida — Opinion March 2, 1978 Authority to appoint department heads Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General Gary E. Massey Winter Springs City Attorney Altamonte Springs QUESTION: Under the Charter of the City of Winter Springs, who has the authority to appoint […]

Mr. David M. Robertson Attorney General of Florida — Opinion February 26, 2008 RE: MUNICIPALITIES — GROUP INSURANCE — COMPENSATION — PUBLIC EMPLOYEES — OFFICERS — authority of city to allow officers and employees to opt out of group insurance plan and receive compensation in lieu of premium payments that would have been made. ss. […]

Marshall S. Harris, Representative, 112th District, Tallahassee Attorney General of Florida — Opinion April 16, 1974 RE: BEACH AND SHORE RESTORATION — STATE AUTHORITY Beach and shore restoration state authority Robert L. Shevin, Attorney General Prepared by: Kenneth F. Hoffman, Assistant Attorney General QUESTION: Are the United States Army Corps of Engineers and local governments […]

The Honorable David R. Ellspermann Attorney General of Florida — Opinion March 29, 2005 RE: CLERK OF COURTS — OFFICIAL RECORDS — HOMESTEAD DECLARATIONS — authority of clerk of courts to record declarations of homestead and head of household affidavits. ss. 28.222 and 222.01, F.S. Official records, recording documents Charlie Crist Attorney General The Honorable […]

JulieAnn Rico Chairman Attorney General of Florida — Opinion August 6, 1992 Judicial Nominating Commission Robert A. Butterworth Attorney General JulieAnn Rico Chairman, Fifteenth Circuit Judicial Nominating Commission QUESTION: Is the Judicial Nominating Commission required by s. 11(c), Art. V, State Const., to nominate three persons for a county court judicial vacancy when the Governor […]

The Honorable Alfred J. “Al” Lawson, Jr. Representative, Attorney General of Florida — Opinion August 28, 1995 RE: COMMUNITY REDEVELOPMENT AGENCIES — ECONOMIC DEVELOPMENT AGENCIES — PUBLIC RECORDS — COUNTIES — MUNICIPALITIES — community redevelopment agency created pursuant to Part III, Ch. 163, Fla. Stat., is not an “economic development agency” as defined in s. […]

Jack Taylor, Jr., Franklin County Sheriff, Apalachicola Attorney General of Florida — Opinion June 24, 1974 RE: COUNTY OFFICIALS EFFECT OF SALARY INCREASE LIMITATION ON COST-OF-LIVING INCREASES County officials and cost of living increase Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: Is a county official entitled to additional […]

Gus Sakkis, Superintendent, Pinellas County School Board, Clearwater Attorney General of Florida — Opinion September 8, 1975 RE: SCHOOL BOARDS INSURANCE FOR PUPILS RIDING SCHOOL BUSES — AMOUNT; METHOD OF INSTITUTING CLAIM AGAINST STATE Insurance for students riding buses Robert L. Shevin, Attorney General Prepared by: William C. Sherrill, Jr., Chief, General Civil Section QUESTIONS: […]

Mr. Aldine Feagle Attorney General of Florida — Opinion July 22, 1982 Use of motor tax for road construction; bond issue Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Aldine Feagle Chairman Columbia County Board of County Commissioners Post Office Drawer 1529 Lake City, Florida 32055 Dear Mr. Feagle: This […]

Harry F. Knight, Monroe County Tax Collector, Key West Attorney General of Florida — Opinion February 18, 1976 RE: TAXATION PROCEEDING TO ENFORCE TAX LIEN Proceeding to enforce tax lien Robert L. Shevin, Attorney General Prepared by: Stephen E. Mitchell, Assistant Attorney General, and David Slaughter, Legal Intern QUESTIONS: 1. What is the proper judicial […]

Mr. Ronald Brown Attorney General of Florida — Opinion March 31, 2005 RE: COUNTIES — BUILDING CODES — FEES — use of fees for inspection and enforcement of building code to construct building to house building department or to rent space for department. 125.56, Fla. Stat. Use of inspection and building code enforcement fees Charlie […]

Mr. Bruce R. Conroy Attorney General of Florida — Opinion December 30, 1998 RE: MUNICIPALITIES — INSURANCE — RETIREES — retirees participating in the state group insurance plans may add dependents following retirement. s. 112.0801, Fla. Stat. Retirement, adding dependents following retirement Robert A. Butterworth Attorney General Mr. Bruce R. Conroy Cape Coral City Attorney […]

Mr. Jeffrey J. Newton. Attorney General of Florida — Opinion. June 29, 2006 RE: COUNTIES — MUNICIPALITIES — REAL PROPERTY — TAXATION — use of property acquired by county through delinquent taxes for affordable infill housing. s. 197.592, Fla. Stat. Municipalities, infill housing Mr. Jeffrey J. Newton Broward County Attorney 115 South Andrews Avenue Suite […]

The Honorable Gaston Cantens Attorney General of Florida — Opinion September 28, 2000 RE: BUSES — SAFETY RESTRAINTS — SCHOOL BUSES — STUDENT TRANSPORTATION — seat belt requirements on private buses and vans transporting children. ss. 234.051, 316.003 and 316.614, Fla. Stat. Private buses and vans transporting children Robert A. Butterworth Attorney General The Honorable […]

Bart Budetti, City Attorney, Hollywood Attorney General of Florida — Opinion April 18, 1974 RE: INTERLOCAL AGREEMENTS — COUNTY MAY NOT SUBMIT TO BINDING ARBITRATION Interlocal agreements and binding arbitration Robert L. Shevin, Attorney General Prepared by: Sharyn Smith, Assistant Attorney General QUESTION: Can the Broward County Commission lawfully submit to binding arbitration in an […]

Mr. Robert W. Hughes Attorney General of Florida — Opinion April 6, 1998 RE: PUBLIC MEETINGS — SCHOOL BOARDS — use of electronic media technology by absent board member to attend public meeting. ss. 120.54 and 230.17, Fla. Stat. Sunshine law, use of electronic media technology Robert A. Butterworth Attorney General Mr. Robert W. Hughes […]

Nancy Kelley Wittenberg Attorney General of Florida — Opinion May 30, 1980 License examination in foreign language Jim Smith, Attorney General Prepared by: Percy W. Mallison, Jr., Assistant Attorney General Nancy Kelley Wittenberg Secretary, Department of Professional Regulation Tallahassee QUESTION: Under the provisions of s. 455.11, F. S., who is entitled to take a professional […]

Bill Gunter Attorney General of Florida — Opinion July 2, 1979 Florida National guard, sovereign immunity Martin S. Friedman Assistant Attorney General Bill Gunter State Treasurer and Insurance Commissioner Tallahassee QUESTIONS: 1. Does s. 768.28, F. S., operate to waive sovereign immunity with respect to the activities of the Florida National Guard? 2. If the […]

Ms. Cynthia Prettyman Attorney General of Florida — Opinion April 15, 1997 RE: RECORDS — GOVERNMENT IN THE SUNSHINE LAW — SCHOOLS — evaluation of appointed superintendent subject to disclosure; meeting of individual board member with superintendent to discuss member’s evaluation. ss. 119.07, 286.011, 231.291, Fla. Stat. Records and Sunshine Laws, superintendent’s evaluation Robert A. […]

Egerton K. Van den Berg, City Attorney, Orlando Attorney General of Florida — Opinion November 19, 1974 RE: SUNSHINE LAW APPLICABLE TO CONCILIATION CONFERENCES Sunshine law and conciliation conferences Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General QUESTION: Is s. 286.011, F.S., applicable to conciliation conferences conducted by the Human […]

Mr. Isadore F. Rommes, Jr. Attorney General of Florida — Opinion October 5, 1981 Dual officeholding; city clerk and manager Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. Isadore F. Rommes, Jr. City Attorney City of Perry QUESTION: May the city clerk serve as acting city manager, performing the duties of […]

Ms. Patricia Saint Vil-Joseph Attorney General of Florida — Opinion March 18, 2005 Municipal regulation of docking facilities Charlie Crist Attorney General RE: MUNICIPALITIES — DEPARTMENT OF ENVIRONMENTAL PROTECTION — DOCKS — VESSELS — BOATS — PERMITS — authority of municipality to regulate docking facilities. s. 403.813, Fla. Stat. Ms. Patricia Saint Vil-Joseph Interim North […]

William E. Whitlock III, Attorney for Pasco County Expressway Authority, New Port Richey Attorney General of Florida — Opinion December 23, 1974 RE: PASCO COUNTY EXPRESSWAY AUTHORITY ENTITY SEPARATE FROM PASCO COUNTY COMMISSION; CIRCUIT COURT CLERK NOT RESPONSIBLE FOR FINANCIAL MANAGEMENT OR REPORTING Pasco county expressway authority Robert L. Shevin, Attorney General Prepared by: Rebecca […]

E. D. “Bud” Dixon, Clerk of Courts, Bartow Attorney General of Florida — Opinion September 9, 1975 RE: CIRCUIT COURT CLERKS POSTING COPY OF MARRIAGE LICENSE APPLICATION; MAY NOT CHARGE VERIFICATION FEE WHEN CERTIFYING PHOTOCOPY OF INSTRUMENT Marriage license application Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General, and Marty […]

Ms. Jacqueline Williams Hubbard Fort Myers City Attorney Attorney General of Florida — Opinion July 10, 1996 RE: CONSULTANTS’ COMPETITIVE NEGOTIATION ACT — MUNICIPALITIES — CONTRACTS — use of engineering firm by city for study revealing necessity of repairs to sewer system and for construction of sewer replacement work. s. 287.055, Fla. Stat. Consultants’ Competitive […]

Mr. Ernest E. Smith, Jr. Attorney General of Florida — Opinion January 26, 1982 Student financial association commission Jim Smith, Attorney General Prepared by: Jeffrey A. Miller, Assistant Attorney General Mr. Ernest E. Smith, Jr. Executive Director Florida Student Financial Association Commission Knott Building Tallahassee, Florida 32301 Dear Mr. Smith: This is in response to […]

Mr. Alejandro Vilarello Miami City Attorney Attorney General of Florida — Opinion March 28, 2003 RE: PUBLIC HEALTH FACILITIES — DUAL OFFICE-HOLDING — whether simultaneous service of public officer on board of county public trust violates dual office-holding prohibition. Art. II, s. 5(a), Fla. Const. Pt. II, Chap. 154, Fla. Stat. Dual Office-Holding, county public […]

Lavon Henley, Administrator, Santa Rosa Hospital, Milton Attorney General of Florida — Opinion January 28, 1975 RE: COUNTY HOSPITAL ACCOUNTING AND BILLING PROCEDURE County hospital and billing procedure Robert L. Shevin, Attorney General Prepared by: James D. Whisenand, Assistant Attorney General QUESTIONS: 1. May the Santa Rosa Hospital offer a discount to a cash-paying patient […]

Mr. Thomas Williams Chairman Attorney General of Florida — Opinion April 9, 1993 RE: BIDS, COMPETITIVE — SPECIAL DISTRICT — OCEAN HIGHWAY AND PORT AUTHORITY: in absence of statutory requirement or rule, authority not required to competitively bid contract for legal services. Part I, Ch. 287; s. 287.012, F.S. Competitively bid contract for legal services […]

Ellen Mills Gibbs Attorney for North Broward Hospital District Ft. Louderdale Attorney General of Florida — Opinion July 27, 1977 Special districts, fund investment Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith Assistant Attorney General Frank A. Vickory Legal Research Assistant QUESTION: May the North Broward Hospital District, as a special tax district […]

James Nursey Attorney General of Florida — Opinion January 15, 1980 Recording incoming calls; police Jim Smith, Attorney General Prepared by: Percy W. Mallison, Jr., Assistant Attorney General James Nursey Chief of Police Orlando QUESTION: Are the interception and recording of incoming telephone calls to a municipal police department on telephone lines equipped with an […]

David Jove. Attorney General of Florida — Opinion. July 10, 2007 RE: MUNICIPALITIES — ORDINANCES — CONFLICT — SHOPPING CARTS — local legislation relating to return of shopping carts. s. 506.5131, Fla. Stat. Mr. David Jove City Attorney City of Hallandale Beach 400 South Federal Highway Hallandale Beach, Florida 33009 BILL McCOLLUM, Attorney General. Dear […]

Mr. Chester F. Blakemore Attorney General of Florida — Opinion December 11, 1981 Fictitious name; mobile home dealer Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. Chester F. Blakemore Executive Director, Department of Highway Safety and Motor Vehicles QUESTIONS: 1. May a motor vehicle dealer conduct his business in more than […]

Mr. John H. McCormick Hamilton County Attorney Attorney General of Florida — Opinion May 22, 1992 Public funds to repair and maintain private roads Robert A. Butterworth Attorney General Mr. John H. McCormick Hamilton County Attorney Dear Mr. McCormick: You have asked the following question: May the county commission expend public funds to repair and […]

Mr. Steven Bloom Attorney General of Florida — Opinion December 13, 1989 Police officer’s retirement trust fund, s. 185.15 Robert A. Butterworth Attorney General Mr. Steven Bloom Mr. F. Keith Dubin Attorneys for Palm Beach Gardens Police Officers’ Retirement Trust Fund 471 Spencer Drive West Palm Beach, Florida 33409 Dear Gentlemen: You ask on behalf […]

Ms. Adis M. Vila Attorney General of Florida — Opinion June 3, 1988 Veterans’ preference in employment Robert A. Butterworth Attorney General Ms. Adis M. Vila Secretary Department of Administration 435 Carlton Building Tallahassee, Florida 32399-1550 Dear Secretary Vila: You ask the following question: Does veterans’ preference require the employment of a preference eligible person […]

Mr. Randy Ludacer County Attorney Attorney General of Florida — Opinion November 29, 1988 County funds used for lobbying Robert A. Butterworth Attorney General Mr. Randy Ludacer County Attorney Monroe County 310 Fleming Street, Room 29 Key West, Florida 33040 Dear Mr. Ludacer: You ask substantially the following question: May a noncharter county expend county […]

R. L. White. Attorney General of Florida — Opinion July 8, 2008 RE: INSTANT BINGO — BINGO — GAMBLING — SLOT MACHINES — requirements for conducting instant bingo; instant bingo vending machines as slot machines. s. 849.0931, Fla. Stat., as amended by Ch. 2007-288, Laws of Florida; ss. 849.15 and 849.16, Fla. Stat. R. L. […]

Mr. Robert K. Robinson North Port City Attorney Attorney General of Florida — Opinion February 9, 2005 RE: MUNICIPALITIES — PUBLIC RECORDS — LAW ENFORCEMENT OFFICERS — HUMAN RESOURCES — EMAIL — authority of municipality to use code for access to public records. s. 119.07, Fla. Stat. Records, use of code for access to public […]

Mr. Franklin R. Harrison Attorney General of Florida — Opinion March 23, 2000 RE: RISK MANAGEMENT PROGRAMS — SOVEREIGN IMMUNITY — SCHOOL BOARDS — GOVERNMENT IN THE SUNSHINE LAW — PUBLIC RECORDS LAW — status of meeting conducted by school board relating to risk management programs under Sunshine Law and status of records of such […]

Lori Wilson, Senator, 16th District, Merritt Island Attorney General of Florida — Opinion October 13, 1975 RE: COMMISSION ON HUMAN RELATIONS SECRETARY OF COMMUNITY AFFAIRS’ POWERS AND DUTIES AS CHAIRMAN Commission on human relations Robert L. Shevin, Attorney General Prepared by: Carol L. Reilly, Assistant Attorney General QUESTIONS: 1. Does the Secretary of the Department […]

Mr. John Fenn Foster Crossroads Attorney General of Florida — Opinion March 3, 1995 RE: RECORDS — FAIRS — AGRICULTURE AND CONSUMER SERVICES, DEPARTMENT OF — applicability of public records law to fair association. ss. 616.01; Ch. 119; Part I, Ch. 616, Fla. Stat. (1993). Public records law re fair association Robert A. Butterworth Attorney […]

Donald E. Fish, Director, Division of Standards and Training, Police Standards and Training Commission, Tallahassee Attorney General of Florida — Opinion March 23, 1976 RE: LAW ENFORCEMENT OFFICERS EXPENDITURE OF ADDITIONAL $1 COURT COST FOR LAW ENFORCEMENT OFFICERS’ TRAINING PROGRAM Law enforcement training program Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant […]

Arthur H. Beckwith, Jr., Seminole County Clerk, Sanford, R. H. Hackney, Jr., Sarasota County Clerk, Sarasota, and Frederick J. Simpson, Assistant Counsel, Jacksonville Attorney General of Florida — Opinion August 28, 1975 RE: CIRCUIT COURT CLERKS CERTAIN INVESTMENT INTEREST TO BE CONSIDERED INCOME OF OFFICE Investment interest as income Robert L. Shevin, Attorney General Prepared […]

Ms. Karen O. Gaffney Hernando County School Board Attorney Attorney General of Florida — Opinion September 14, 2004 RE: SCHOOL DISTRICTS — COUNTIES — SCHOOL BOARDS — ZONING — LAND DEVELOPMENT REGULATIONS — ORDINANCES — COMPREHENSIVE PLAN — applicability of land development regulations to school board. s. 1013.371, Fla. Stat. Schools, county land development regulations […]

George S. Palmer Attorney General of Florida — Opinion June 25, 1979 Handicapped persons, licensing exam costs Joslyn Wilson Assistant Attorney General George S. Palmer Executive Director Board of Medical Examiners Tallahassee QUESTION: May the Division of Physical Therapy of the Florida State Board of Medical Examiners properly expend state funds in meeting the additional […]

Thomas A. Bustin Attorney General of Florida — Opinion October 30, 1978 Municipalities, creation of special taxing district Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General Thomas A. Bustin City Attorney Clearwater QUESTION: Is the City of Clearwater authorized by the provisions of Ch. 165, F. S., or Ch. 166, […]

D. W. Garrett, Jr., St. Johns County Sheriff, St. Augustine Attorney General of Florida — Opinion April 22, 1975 RE: WEAPONS AND FIREARMS DISPOSITION BY SHERIFF Disposition by sheriff of firearms and weapons Robert L. Shevin, Attorney General Prepared by: Richard W. Prospect, Assistant Attorney General QUESTION: May a sheriff dispose of firearms that have […]

Mr. Alfred O. Shuler Attorney General of Florida — Opinion October 31, 1983 Promotion for relative of commissioner Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Alfred O. Shuler County Attorney Franklin County Drawer 850 Apalachicola, Florida 32320 Dear Mr. Shuler: This is in response to your request for an opinion […]

Mr. Clifford B. Shepard. Attorney General of Florida — Opinion. March 21, 2006 RE: TRAFFIC — UNIFORM TRAFFIC CODE — MUNICIPALITIES — LAW ENFORCEMENT OFFICERS — FIRE DEPARTMENT — AUTOMOBILES — ACCIDENTS — immediate access to crash report by fire department. s. 316.066, Fla. Stat. Records, access to crash reports by fire dept. Mr. Clifford […]

Robert B. Mautz, Chancellor, State University System, Tallahassee Attorney General of Florida — Opinion July 19, 1974 RE: BOARD OF REGENTS DELEGATION OF AUTHORITY Board of regents and delegation of authority Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: Does the Board of Regents have the authority to delegate […]

Mr. Frank B. Watson, Jr. Attorney General of Florida — Opinion November 24, 1982 Amending city charter; referendum Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Frank B. Watson, Jr. City Attorney City of Fort Myers Post Office Drawer 2217 Fort Myers, Florida 33902 Dear Mr. Watson: This is in response […]

Curtis A. Golden State Attorney Pensacola Attorney General of Florida — Opinion March 28, 1977 Dual officeholding, community college district Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason Assistant Attorney General QUESTIONS: 1. Do the provisions of s. 5(a), Art. II, State Const., or s. 110.092(4)(a), F. S., prohibit a comptroller for a […]

Mr. John Govoruhk Attorney General of Florida — Opinion May 24, 1990 PUBLIC RECORDS — EMERGENCY TELEPHONE ACT — voice recording of “911” call subject to disclosure once name, address, and telephone number of caller deleted Public records, voice recording of 911 call Robert A. Butterworth Attorney General Mr. John Govoruhk Chief of Police Winter […]

Mr. Ernest A. Sellers Attorney General of Florida — Opinion March 26, 2003 RE: PUBLIC EMPLOYEES — RETIREMENT — MUNICIPALITIES — re-employment of employee in DROP. ss. 121.021 and 121.091, Fla. Stat. Drop program, re-employment Charlie Crist Attorney General Mr. Ernest A. Sellers 105 North Ohio Avenue Live Oak, Florida 32064 Dear Mr. Sellers: On […]

John A. Grant, Jr. Attorney General of Florida — Opinion August 15, 1978 Housing authorities, security deposits Robert L. Shevin, Attorney General Prepared by: Dennis J. Wall, Assistant Attorney General John A. Grant, Jr. General Counsel Tampa Housing Authority Tampa QUESTIONS: 1. Does a municipal housing authority have the authority to require security deposits of […]

Freda Wright Clerk Circuit Court Vero Beach Attorney General of Florida — Opinion August 30, 1977 Court clerks, noting lien satisfaction methods Robert L. Shevin, Attorney General Prepared by: Jerald S. Price Assistant Attorney General QUESTION: When the official records required to be kept by the clerk of circuit court are on microfilm, what is […]

Mr. Robert A. Ginsburg Attorney General of Florida — Opinion September 28, 1999 RE: RECORDS — COUNTIES — EXPRESSWAY AUTHORITIES — ROADS — personal identifying information on application and agreement for transponder for county’s electronic toll collection systems is exempt. s. 338.155(6), Fla. Stat. Prepaid electronic toll collection transponder records Robert A. Butterworth Attorney General […]

Louie W. Seay, Jr., City Manager, Marianna Attorney General of Florida — Opinion October 17, 1974 RE: MUNICIPALITIES MAY ACQUIRE PROPERTY BEYOND MUNICIPAL BOUNDARIES FOR RECREATIONAL PURPOSES Property outside of boundary bought for recreation Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: Does the City of Marianna have the […]

David M. Fee, Jr. Assistant County Attorney Attorney General of Florida — Opinion November 8, 1991 Licensing Board Robert A. Butterworth Attorney General David M. Fee, Jr. Assistant County Attorney Broward County QUESTION: 1. May a person who has been issued a master electrician certificate of competency by the Broward county Central Examining Board of […]

Mr. Richard E. Doran General Counsel Attorney General of Florida — Opinion March 14, 1996 RE: HEALTH AND REHABILITATIVE SERVICES, DEPARTMENT OF — MANAGEMENT SERVICES, DEPARTMENT OF — BIDS — CONTRACTS — contract for services of U.S. Treasury Department’s desingated financial agent without bids under state competitive bid statute for electronic benefit transfer services. s. […]

The Honorable John Dean Moxley, Jr. Attorney General of Florida — Opinion April 25, 1997 RE: CRIMINAL LAW — COSTS — PRETRIAL RELEASE — application of cash deposit to fines and costs. s. 939.17, Fla. Stat. Bonds, deductions of fines and fees by court order Robert A. Butterworth Attorney General The Honorable John Dean Moxley, […]

Mr. Irvin S. Cowie Polk County Attorney Attorney General of Florida — Opinion June 21, 1984 Tax certificate for unpaid ad valorem tax, excess funds Jim Smith Attorney General Mr. Irvin S. Cowie Polk County Attorney Post Office Box 60 Bartow, Florida 33830 Dear Mr. Cowie: This is in response to your request for an […]

Mr. Richard T. Farrell Secretary Attorney General of Florida — Opinion March 7, 1996 RE: REAL ESTATE BROKERS — CONTRACTS — BUSINESS AND PROFESSIONAL REGULATION, DEPARTMENT OF — broker’s liability not relieved by sales agreement. Ch. 455 and 475, Fla. Stat. Real estate broker’s liability not relieved by contract Robert A. Butterworth Attorney General Mr. […]

Joseph Nazzaro, City Attorney, North Miami Beach Attorney General of Florida — Opinion May 28, 1976 RE: MUNICIPALITIES MINOR MAY NOT BE APPOINTED TO OFFICE REQUIRING THE EXERCISE OF JUDGMENT AND DISCRETION Appointment of minor to library board Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: In light of […]