Category: Florida Attorney General Opinions

Tom Gallen, Senator, 24th District, Bradenton Attorney General of Florida — Opinion February 28, 1974 RE: DRIVING WHILE INTOXICATED — WHO MUST PAY FOR BLOOD TEST GIVEN TO DETERMINE INTOXICATION Intoxication and blood tests Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General, and Gerald L. Knight, Legal Research Assistant QUESTION: […]

Gerald Holley County Attorney Attorney General of Florida — Opinion April 26, 1979 Surplus second gas tax, authorized use Cecil L. Davis, Jr. Assistant Attorney General Gerald Holley County Attorney Holmes and Washington Counties Chipley QUESTIONS: 1. Can the surplus second gas tax funds be used for the purchase of road equipment? 2. Does resurfacing […]

Thomas R. Kirkland, Attorney for West Orange Memorial Hospital Tax District, Orlando Attorney General of Florida — Opinion March 26, 1974 RE: SPECIAL DISTRICTS — CONSULTANTS COMPETITIVE NEGOTIATION ACT — APPLICABILITY THERETO Consultants’ competitive negotiation act Robert L. Shevin, Attorney General Prepared by: Jan Dunn, Assistant Attorney General QUESTION: Does an “independent special district” such […]

The Honorable Betty Strifler Attorney General of Florida — Opinion September 19, 1997 RE: COUNTIES — TOURIST DEVELOPMENT TAX — CONVENTION DEVELOPMENT TAX — development taxes imposed on overnight rental of space in recreational vehicle park. ss. 125.0104, 212.0305, Fla. Stat. (1996 Supp.). Tourist Development Tax/Convention Development Tax Robert A. Butterworth Attorney General The Honorable […]

Curtis R. Barnes, Clerk, Circuit Court, Titusville Attorney General of Florida — Opinion May 6, 1975 RE: PUBLIC RECORDS UNACKNOWLEDGED OPTION-TO-PURCHASE CONTRACT NOT ENTITLED TO RECORDATION Recordation and unacknowledged option to purchase Robert L. Shevin, Attorney General Prepared by: Zollie M. Maynard, Jr., Assistant Attorney General, and Charles R. Denman, Legal Intern QUESTION: Is an […]

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. Thomas J. Ansbro Attorney General of Florida — Opinion January 15, 1999 RE: MUNICIPALITIES — MUNICPAL CODE ENFORCEMENT — AGENTS — municipality’s authority to contract with collection agency to compromise liens and seek collection through litigation. s. 162.09, Fla. Stat. Municipality, contract with collection agency Robert A. Butterworth Attorney General Mr. Thomas J. Ansbro […]

The Honorable Charlotte R. Fitzsimmons Attorney General of Florida — Opinion October 18, 1983 Conveyance of subsurface rights; tax deed Jim Smith, Attorney General Prepared by: Jason Vail, Assistant Attorney General The Honorable Charlotte R. Fitzsimmons Clerk of the Circuit Court Hendry County Post Office Box 38 LaBelle, Florida 33935-0038 Dear Ms. Fitzsimmons: This is […]

Edwin Blanton, Chairman, Pinellas County Construction Licensing Board, St. Petersburg Attorney General of Florida — Opinion July 8, 1975 RE: PINELLAS COUNTY CONSTRUCTION INDUSTRY LICENSING BOARD AUTHORITY TO EXTEND GRANDFATHER PROVISIONS; AUTONOMY FROM COUNTY COMMISSION; CONTROL OVER FUNDS RECEIVED Construction licensing and grandfather provisions Robert L. Shevin, Attorney General Prepared by: Donald D. Conn, Assistant […]

Harry A. Stewart Attorney General of Florida — Opinion December 18, 1979 Disposition of undistributed funds Craig B. Willis Assistant Attorney General Harry A. Stewart Broward County General Counsel Fort Lauderdale QUESTION: Does a charter county have the authority to enact a valid ordinance which permits the county’s consumer protection board to impose a civil […]

Randy Ludacer Monroe County Attorney Attorney General of Florida — Opinion April 22, 1992 Use of tourist development tax revenue Robert A. Butterworth Attorney General Randy Ludacer Monroe County Attorney QUESTION: 1. May the county commission approve the expenditure of tourist development tax revenue for a use other than those recommended by the tourist development […]

Chief James P. Kelly Attorney General of Florida — Opinion July 17, 1997 RE: LAW ENFORCEMENT — MUTUAL AID AGREEMENTS — provision of agreement authorizing law enforcement officer in participating agency’s jurisdiction who observes felony or crime of violence to act is permissible. Part I, Ch. 23, and s. 23.121, Fla. Stat.; s. 23.1225, Fla. […]

Gary Brandenburg, David Bludworth, and Richard Jorandby Attorney General of Florida — Opinion October 6, 1986 State attorneys and public defenders, court fees Jim Smith Attorney General To: Gary Brandenburg County Attorney David Bludworth State Attorney Richard Jorandby Public Defender Palm Beach County QUESTIONS: 1. To what extent are counties in the judicial circuit of […]

A. Quinn Jones, III Attorney General of Florida — Opinion April 22, 1992 Contract for firefighting, rescue fire insp. services Robert A. Butterworth Attorney General A. Quinn Jones, III City Attorney City of Miami QUESTION: May the Village of Key Biscayne contract with the City of Miami for the performance of firefighting, rescue and fire […]

Ms. Josefina M. Tamayo Attorney General of Florida — Opinion January 13, 2000 RE: GOVERNMENT IN THE SUNSHINE LAW — CHILDREN AND FAMILIES, DEPARTMENT OF — FOSTER CARE — coalition managing foster care services in district on behalf of department subject to Sunshine Law. ss. 286.011, 409.1671, Fla. Stat. Foster care coalition subject to Sunshine […]

Mr. Calvin Ross, Attorney General of Florida — Opinion September 28, 1995 RE: SOVEREIGN IMMUNITY — DEPARTMENT OF JUVENILE JUSTICE — CONTRACTS — indemnification agreements for governmental agencies contracting with Department of Juvenile Justice. s. 768.28, Fla. Stat. Indemnification agreements for governmental agencies Robert A. Butterworth Attorney General Mr. Calvin Ross, Secretary Department of Juvenile […]

Mr. James G. Yaeger Lee County Attorney Attorney General of Florida — Opinion March 7, 1995 RE: TAXATION — COUNTIES — PUBLIC PROPERTY — cancellation of taxes by county when land acquired by county. ss. 196.28, 196.29, Fla. Stat. Cancellation of taxes by county/land acquired by county Robert A. Butterworth Attorney General Mr. James G. […]

Ms. Kimberly Tucker General Counsel Department of Health Attorney General of Florida — Opinion February 16, 1994 RE: ATTORNEY FEES — PUBLIC OFFICERS AND EMPLOYEES — STATE AGENCIES — authority of Department of Health and Rehabilitative Services to pay attorney’s fees for employee in grand jury investigation. Atty’s fees for agency employee before grand jury […]

Mr. Terrell K. Arline. Attorney General of Florida — Opinion May 10, 2010 RE: COUNTIES — CONTRACTORS — TRANSPORTATION — ROADS AND BRIDGES — RAILROADS — authority of non-charter county to impose licensing requirements on transportation construction contractors. ss. 125.01, 337.14, and 489.103, Fla. Stat. Mr. Terrell K. Arline Office of County Attorney 840 West […]

Mr. Robert A. Sugarman Attorney General of Florida — Opinion June 27, 2000 RE: DUAL OFFICEHOLDING — MUNICIPAL OFFICERS AND EMPLOYEES — LAW ENFORCEMENT OFFICERS — MUNICIPAL POLICE PENSIONS — chief of police serving as pension board member. Art. II, s. 5(a), Fla. Const. Dual Officeholding, police chief on pension board. Robert A. Butterworth Attorney […]

Warren L. Greenwood, Director, Department of Assessments, Volusia County, DeLand Attorney General of Florida — Opinion March 20, 1974 RE: TAXATION — CATARACTS NOT PER S.E. BLINDNESS FOR TAX EXEMPTION PURPOSES Cataracts and tax exemption Robert L. Shevin, Attorney General Prepared by: Winifred L. Wentworth, Assistant Attorney General, and Susan Potter, Legal Intern QUESTION: Do […]

Mr. Bruce A. Harris Attorney General of Florida — Opinion December 17, 2001 RE: SCHOOLS-SCHOOL BOARDS-SUPERINTENDENT OF SCHOOLS — roles of school board and superintendent in personnel matters. ss. 230.23, 230.32, 230.33, and 231.36, Fla. Stat. Roles of School Board and Superintendent Robert A. Butterworth Attorney General Mr. Bruce A. Harris Interim Chief Counsel The […]

A. Lee McGehee Attorney General of Florida — Opinion May 18, 1978 Personal property purchased, criminal investigation Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General Dennis J. Wall Legal Research Assistant A. Lee McGehee Chief of Police Ocala QUESTIONS: 1. Where does ownership rest with personal property purchased with public […]

Mr. Michael Crowley Attorney General of Florida — Opinion February 28, 2001 RE: DUAL OFFICEHOLDING — MUNICIPALITIES — SPECIAL DISTRICT — WATER CONTROL DISTRICT — water control district commissioner may serve as city commissioner. Art. II, s. 5(a), Fla. Const. Dual officeholding, water control commissioner Robert A. Butterworth Attorney General Mr. Michael Crowley Central Broward […]

Ms. G. Helen Athan Attorney General of Florida — Opinion April 19, 2002 RE: MOSQUITO CONTROL DISTRICTS — SPECIAL DISTRICTS — COMPENSATION — INSURANCE — district not authorized to provide insurance to commissioners. s. 388.141, Fla. Stat. Mosquito control district,, insurance for commissioners Robert A. Butterworth Attorney General Ms. G. Helen Athan General Counsel Collier […]

Honorable Jerry Hill State Attorney Attorney General of Florida — Opinion May 11, 1987 Ad Hoc committee and sunshine law Robert A. Butterworth Attorney General Honorable Jerry Hill State Attorney Tenth Judicial Circuit 250 North Wilson Avenue Bartow, Florida 33830 Dear Mr. Hill: This is in response to your request for an opinion on substantially […]

Ms. Donna L. Fought Attorney General of Florida — Opinion April 21, 1987 Fire control district as state agency Robert A. Butterworth Attorney General Ms. Donna L. Fought Secretary/Treasurer Florosa Fire Control District Post Office Box 253 Mary Esther, Florida 32569 Dear Ms. Fought: This is in response to your request for an opinion on […]

Harry L. Coe Jr. Executive Director Department of Revenue Tallahassee Attorney General of Florida — Opinion September 13, 1977 Taxation, water management districts, proration Robert L. Shevin, Attorney General Prepared by: Larry Levy Special Assistant Attorney General QUESTIONS: 1. Does s. 373.503(3), as amended, authorize the levying of ad valorem taxes for tax year 1977? […]

Honorable Harry L. Shorstein State Attorney Attorney General of Florida — Opinion July 6, 1992 Identifying information regarding a victim Robert A. Butterworth Attorney General Honorable Harry L. Shorstein State Attorney Fourth Judicial Circuit QUESTION: May the City of Jacksonville’s Victim Services Division receive identifying information regarding a victim of sexual abuse, child abuse, lewd, […]

The Honorable David H. Pingree Attorney General of Florida — Opinion June 28, 1983 Authority of school officials; child protection Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistant 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 […]

James G. Ward Attorney General of Florida — Opinion October 4, 1984 Classification of youthful offenders Jim Smith Attorney General To: James G. Ward Chairman Committee on Corrections, Probation Parole, Florida House of Representatives QUESTION: Does ch. 958, F.S., take precedence over any previous criteria by the Department of Corrections for classification of youthful offenders? […]

William E. Crotty Attorney Attorney General of Florida — Opinion March 5, 1979 Special acts, referendum requirements Harold F. X. Purnell Assistant Attorney General William E. Crotty Attorney for Halifax Hospital District Daytona Beach QUESTION: If the Legislature enacts a special act abolishing an existing hospital district and creating a new hospital district, expanding the […]

Joan Heggen Attorney General of Florida — Opinion August 20, 1979 Consolidation of Okeechobee Percy W. Mallison, Jr. Assistant Attorney General Joan Heggen Secretary Department of Community Affairs Tallahassee QUESTION: Would the consolidation of the City of Okeechobee and Okeechobee County affect the dedication of certain property when that property has been used by the […]

Mr. Robert D. Klausner General Counsel Attorney General of Florida — Opinion November 15, 1993 RE: MUNICIPAL FIREFIGHTERS’ PENSION TRUST FUND — MUNICIPAL POLICE OFFICERS’ RETIREMENT TRUST FUND — MUNICIPALITIES — LAW ENFORCEMENT OFFICERS — PUBLIC OFFICIALS — authority of board of trustees of a firefighters’ and police officers’ trust fund to establish their own […]

Mr. William H. Lindner Attorney General of Florida — Opinion September 8, 1993 RE: CORRECTIONAL PRIVATIZATION COMMISSION — DEPARTMENT OF CORRECTIONS — CONSULTANTS: authority of Correctional Privatization Commission to contract with consultant who has provided consultant services to Department of Corrections. Ch. 957, F.S. (1993 Supp.). s. 957.02(2) and (3), F.S. (1993 Supp.) Correctional Privatization […]

Mr. Frank T. Gaylord City Attorney Attorney General of Florida — Opinion April 18, 1988 Length of residency prerequisite for commissioner Robert A. Butterworth Attorney General Mr. Frank T. Gaylord City Attorney City of Eustis Post Office Drawer 68 Eustis, Florida 32727-0068 Dear Mr. Gaylord: You have asked substantially the following question: Does a municipality […]

Mr. Douglas J. Sale City Attorney Attorney General of Florida — Opinion August 14, 1986 Traffic accidents, requirement to conduct investigation Jim Smith Attorney General Mr. Douglas J. Sale City Attorney City of Panama City Beach Magnolia Avenue at Third Court Post Office Drawer 1579 Panama City, Florida 32402 Attention: Mr. William A. Lewis Assistant […]

Mr. David Donzella Pembroke Pines City Pension Fund Attorney General of Florida — Opinion July 17, 2002 RE: DUAL OFFICEHOLDING-PENSION BOARDS SPECIAL DISTRICT no violation of constitutional dual officeholding prohibition for city pension board member also serving on water control district. Art. II, s. 5(a), Fla. Const. Dual Officeholding, elected officials Robert A. Butterworth Attorney […]

Catherine W. Chapin, Chairman, Career Service Commission, Tampa Attorney General of Florida — Opinion March 1, 1976 RE: ADMINISTRATIVE PROCEDURE ACT REFERRAL OF SOME HEARINGS BY AGENCY HEAD TO HEARING EXAMINERS FROM DIVISION OF ADMINISTRATIVE HEARINGS Division of administrative hearings Robert L. Shevin, Attorney General Prepared by: Betty Steffens, Assistant Attorney General QUESTIONS: 1. If […]

The Honorable Chester F. Blakemore Attorney General of Florida — Opinion March 4, 1981 Mobile Homes Jim Smith, Attorney General Prepared by: John Rimes, Assistant Attorney General The Honorable Chester F. Blakemore Executive Director, Department of Highway Safety and Motor Vehicles QUESTIONS: 1. Must one who acts as a broker of used mobile homes and […]

Mr. Michael Dyer Attorney General of Florida — Opinion January 3, 2002 RE: MUNICIPALITIES-LOCAL OPTION FUEL TAX-BICYCLES-TRANSPORTATION-authorized uses for local option fuel tax on motor fuel and diesel fuel. s. 336.025, Fla. Stat. Local option fuel tax, used for bicycle paths Robert A. Butterworth Attorney General Mr. Michael Dyer Attorney for Town of Ponce Inlet […]

Dr. Robert Hodges Chair Attorney General of Florida — Opinion January 27, 2005 RE: CHILD ABUSE — CHILD ABUSE DEATH REVIEW COMMITTEE — HEALTH, DEPARTMENT OF — RECORDS — MEETINGS — applicability of federal confidentiality provisions to state child abuse death review committee. ss. 383.402, 383.410, Fla. Stat.; 42 U.S.C. 5106a Records, child abuse death […]

Mr. David G. Conn Attorney Attorney General of Florida — Opinion July 23, 1996 RE: DUAL OFFICEHOLDING — CLERK OF COURT — COUNTY CHARTER COMMISSION — whether appointment of clerk of circuit court to county charter commission would violate constitutional dual officeholding prohibition. s. 125.61, Fla. Stat. Dual officeholding, clerk serving on charter commission Robert […]

Mr. Mark A. Winn Chief Assistant City Attorney Attorney General of Florida — Opinion November 23, 2004 RE: MUNICIPALITIES — CONTRACTS — BUDGETS — EXPENDITURES — authority of municipality to contract for term in excess of one year. s. 166.021, Fla. Stat.; Art. VII, s. 12, Fla. Const. Municipality, contracts in excess of 1 year […]

Mr. Robert J. Antonello Attorney General of Florida — Opinion April 28, 1999 RE: MUTUAL AID AGREEMENTS — LAW ENFORCEMENT — MUNICIPALITIES — provision for arrests and search and seizures by officer in participating agency’s jurisdiction. Part I, Ch. 23, Fla. Stat; s. 23.1225, Fla. Stat. Law Enforcement, mutual aid agreements Robert A. Butterworth Attorney […]

Ernest Ellison, Auditor General, Tallahassee Attorney General of Florida — Opinion June 3, 1976 RE: PUBLIC EMPLOYEES TRAVEL AUTHORIZATION REQUEST FORM USE REQUIRED OF STATE AGENCIES — FORM NOT REQUIRED FOR LOCAL GOVERNMENTS — APPROVAL OF TRAVEL EX POST FACTO Travel authorization request form Robert L. Shevin, Attorney General Prepared by: Martin S. Friedman, Assistant […]

The Honorable Stephen J. Gaul. Attorney General of Florida — Opinion. November 29, 2006 RE: MUNICIPALITIES-AD VALOREM TAXATION-FIRE PROTECTION-limitation in special act imposing cap on increases in ad valorem tax revenues to 10 percent of previous year without referendum, applies to ad valorem taxes raised for fire protection. Ch. 74-430, Laws of Fla., as amended […]

Mr. W. Arvel Drury Attorney General of Florida — Opinion June 28, 1982 Anti-nepotism law; sister-in-law Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. W. Arvel Drury Attorney, Hamilton County School Board Post Office Drawer O Jasper, Florida 32052 Dear Mr. Drury: This is in response to your request for […]

Mr. George F. Knox, Jr. Attorney General of Florida — Opinion March 2, 1982 Municipal recall procedures Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. George F. Knox, Jr. City Attorney City of Miami 174 E. Flagler Street Miami, Florida 33131 Attention: Mr. Robert F. Clark, Deputy City Attorney Dear Mr. […]

The Honorable Bob Graham Attorney General of Florida — Opinion October 13, 1981 Commissioner of deeds; residency Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General The Honorable Bob Graham Governor, State of Florida QUESTIONS: 1. Is a Commissioner of Deeds required to be a resident of the State of Florida, or may […]

Mr. Paul Marino Kenneth Town Attorney Attorney General of Florida — Opinion December 15, 2003 RE: MUNICIPALITIES — FAMILY DAY CARE HOMES — ZONING — ORDINANCES — authority of municipality to regulate family day care homes. s. 166.0445, Fla. Stat. Municipal regulation of family day care homes Charlie Crist Attorney General Mr. Paul Marino Kenneth […]

Murray W. Overstreet, Jr., Osceola County Attorney, Kissimmee Attorney General of Florida — Opinion March 20, 1974 RE: TAXATION — BLANKET PETITIONS FOR AD VALOREM TAX RELIEF INVALID Petitions and ad valorem tax relief Robert L. Shevin, Attorney General Prepared by: J. Kendrick Tucker, Assistant Attorney General QUESTION: What is the validity and effect of […]

Mr. Cesar H. Odio City Manager Attorney General of Florida — Opinion March 5, 1993 RE: COUNTIES — CONTRABAND FORFEITURE ACT — use of trust funds to pay police officers overtime to work on new task force. s. 932.7055, F.S. Trust funds to pay police officers overtime Robert A. Butterworth Attorney General Mr. Cesar H. […]

Ms. Cecelia Bonifay Lake County School Board Attorney Attorney General of Florida — Opinion November 4, 1996 RE: SCHOOLS — STUDENTS — EDUCATION, DEPARTMENT OF — authority of home education student or private school student to participate in public school extracurricular activities. s. 232.425, Fla. Stat.; Ch. 96-174, Laws of Fla. Home education student, participation […]

Mr. Vernon McDaniel Attorney General of Florida — Opinion June 18, 1981 Ch. 80-377; school boards Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Vernon McDaniel Chairman, Escambia County School Board QUESTIONS: 1. Does ch. 80-377, Laws of Florida, effectively repeal ch. 76-356, Laws of Florida, which specifically relates to salaries […]

Mr. Frank Kruppenbacher Apopka City Attorney Attorney General of Florida — Opinion December 17, 2004 RE: MUNICIPALITIES — ROADS — approval of private gated driveway connecting two public roads. ss. s. 316.2045, 861.01, Fla. Stat. Roads, gated driveway between two public roads Charlie Crist Attorney General Mr. Frank Kruppenbacher Apopka City Attorney Post Office Box […]

Ms. Elizabeth M. Hernandez Attorney General of Florida — Opinion February 16, 2005 RE: GOVERNMENT IN THE SUNSHINE LAW — MEETINGS — MUNICIPALITIES — city may not require persons wishing to attend public meetings to provide identification as a condition of attendance. s. 286.011, Fla. Stat. Sunshine Law, identification as condition of attendance Charlie Crist […]

The Honorable Will Wagner Attorney General of Florida — Opinion September 18, 1998 RE: MUNICIPALITIES — SPECIAL ASSESSMENTS — LAW ENFORCEMENT — imposition of special assessment for law enforcement. s. 166.021, 170.201, Fla. Stat. Special assessment for general law enforcement Robert A. Butterworth Attorney General The Honorable Will Wagner Mayor of Lake Park 535 Park […]

Congressional assistant Attorney General of Florida — Opinion January 14, 1974 RE: STANDARDS OF CONDUCT LAW — SERVICE ON COUNTY ADVISORY BOARD, AS BANK DIRECTOR, AND AS ASSISTANT TO CONGRESSMAN — NOT INCOMPATIBLE OR UNLAWFUL Dual officeholding and conflict of interest Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: […]

Nancy Kelley Wittenberg Attorney General of Florida — Opinion October 4, 1979 Specialty electrical contractor examinations Patricia R. Gleason Assistant Attorney General Nancy Kelley Wittenberg Secretary Department of Professional Regulation Tallahassee QUESTION: Is the Department of Professional Regulation authorized to give a separate certification examination for each specialty electrical contractor category designated by rule of […]

Dr. Elton J. Gissendanner Attorney General of Florida — Opinion January 19, 1984 Live bait producers and trawling Jim Smith 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 opinion […]

Mr. Donald J. Banks Attorney General of Florida — Opinion February 21, 1997 RE: LAW ENFORCEMENT — CODE ENFORCEMENT — MUNICIPALITIES — law enforcement officer designated as code enforcement officer may exercise law enforcement powers as law enforcement officer only. s. 163.21, Fla. Stat. Code enforcement officer, police officer serving as Robert A. Butterworth Attorney […]

Mr. Samuel S. Goren. Attorney General of Florida — Opinion April 23, 2009 RE: GOVERNMENT IN THE SUNSHINE LAW — MEETINGS — MUNICIPALITIES — LITIGATION — applicability of exemption to meetings by city to discuss litigation strategy when not a named party. s. 286.011(8), Fla. Stat. Mr. Samuel S. Goren City Attorney City of Pembroke […]

Frank A. Howard, Jr., Attorney, Dade County School Board, Miami Attorney General of Florida — Opinion May 29, 1975 RE: SCHOOLS DISCIPLINARY POWER OVER TRUANT PUPILS Schools and truant students Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General QUESTION: Does a district school board have the authority to suspend or […]

Mr. Seymour H. Rowland, Jr. City Attorney Attorney General of Florida — Opinion September 9, 1985 regulation of abortion clinics, preemption Jim Smith Attorney General Mr. Seymour H. Rowland, Jr. City Attorney City of Ocala 502 S.E. Fort King Suite A-4 Ocala, Florida 32671 Dear Mr. Rowland: This is in response to your request for […]

Mr. Harry K. Singletary Attorney General of Florida — Opinion September 16, 1993 RE: SEXUAL PREDATORS — CRIMINAL JUSTICE AGENCIES — SENTENCING — CORRECTIONS, DEPARTMENT OF — LAW ENFORCEMENT, DEPARTMENT OF: registration of sexual predators with Florida Department of Law Enforcement. Ch. 93-277, Laws of Florida [tentative assignment as ss. 775.21-775.23, F.S.]. Registration of sexual […]

Ms. Pamela S. Terranova Attorney General of Florida — Opinion May 16, 1997 RE: LOCAL GOVERNMENT CODE ENFORCEMENT BOARD — MUNICIPALITIES — code enforcement board must issue a second order imposing fine for noncompliance. s. 162.09, Fla. Stat. Robert A. Butterworth Attorney General Ms. Pamela S. Terranova Attorney for the Greenacres Code Enforcement Board 5985 […]

Dr. Elton J. Gissendanner Attorney General of Florida — Opinion May 7, 1987 Internal Improvement Trust Fund 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 Mr. Randy Miller Executive Director Department of Revenue Carlton Building Tallahassee, Florida 32301-8002 […]

Ms. Gail L. Gowdy. Attorney General of Florida — Opinion. April 19, 2006 RE: DUAL OFFICEHOLDING — MUNICIPALITIES — PLANNING AND ZONING BOARD — BOARD OF ADJUSTMENT — OFFICERS — ADVISORY BODIES — whether simultaneous service on municipal boards violates constitutional dual officeholding prohibition. Art. II, s. 5, Fla. Const. ss. 163.3161 and 163.3174, Fla. […]

J. H. Phillips General Manager Sebring Utilities Commission Sebring Attorney General of Florida — Opinion March 2, 1977 Fuel adjustment charge Robert L. Shevin, Attorney General Prepared by: Williams C. Sherrill, Jr. Assistant Attorney General J. Elisabeth Middlebrooks Legal Research Assistant QUESTION: May the Sebring Utilities Commission disregard s. 166.231(1), F. S., and incorporate or […]

Robert Horne, Jr., Hernando County Planning and Zoning Commission, Brooksville Attorney General of Florida — Opinion November 19, 1974 RE: MUNICIPALITIES EXTRATERRITORIAL EXERCISE OF EMINENT DOMAIN Extraterritorial exercise of eminent domain Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: May the City of Maitland exercise the power of eminent […]

Mr. James G. Sisco Attorney General of Florida — Opinion January 21, 1998 RE: COUNTIES — ELECTIONS — CHARTERS — validity of ballot language which presents charter for adoption and also provides alternative composition of board of county commissioners from that proposed in charter. ss. 124.011 and 125.01, Fla. Stat. Elections, validity of ballot language […]

Thomas Brown Attorney General of Florida — Opinion December 29, 1978 Contract with telephone company, termination Robert L. Shevin, Attorney General Prepared by: Frank A. Vickory, Assistant Attorney General Thomas Brown Executive Director Department of General Services Tallahassee QUESTIONS: 1. Is a contract between a state agency and a telephone company void and unenforceable insofar […]

V. Ted Brabham, Jr., Chair Attorney General of Florida — Opinion January 11, 1996 RE: JUDICIAL NOMINATING COMMISSIONS — CIRCUIT COURTS — JUDGES — COURTS — GOVERNOR — authority of nominating commission to withdraw names certified to the Governor; ability to supplement list and advise Governor of changed circumstances; ability of Governor to combine separate […]

The Honorable Barry S. Seltzer Attorney General of Florida — Opinion June 19, 1995 RE: JURORS — COURTS — JUDGES — federal magistrate not precluded from being qualified for jury service. s. 40.013(2), F.S. Fed. magistrate not precluded from jury service Robert A. Butterworth Attorney General The Honorable Barry S. Seltzer United States Magistrate Judge […]

R. Dewey Burnsed City Attorney Attorney General of Florida — Opinion September 5, 1979 Municipal powers, real property John W. Williams Assistant Attorney General R. Dewey Burnsed City Attorney Leesburg QUESTION: May the City of Leesburg, in order to acquire title in fee simple absolute and unqualified to land upon which its municipal airport and […]

The Honorable Jane Carroll Attorney General of Florida — Opinion December 4, 1989 Displaying an American flag, s. 256.011 Robert A. Butterworth Attorney General The Honorable Jane Carroll Supervisor of Elections Broward County Broward Governmental Center Fort Lauderdale, Florida 33301 Dear Ms. Carroll: You ask substantially the following question: Does a sign which has the […]

Officer James E. Aldridge Attorney General of Florida — Opinion November 8, 1999 RE: MENTAL HEALTH — BAKER ACT — UNITED STATES — LAW ENFORCEMENT OFFICERS — VETERANS AFFAIRS — federal veterans affairs police officer not a law enforcement officer for purposes of Baker Act. ss. 394.462 and 394.463, Fla. Stat. Baker Act, federal law […]

Dr. Elton J. Gissendanner Attorney General of Florida — Opinion April 1, 1985 Disposition of proceeds of sale of state lands Jim Smith 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 […]

Mr. John B. Ritch Attorney General of Florida — Opinion March 17, 1983 Use of tourist tax for convention center Jim Smith, Attorney General Prepared by: Linda Lettera, Assistant Attorney General Mr. John B. Ritch County Attorney Osceola County Post Office Box 760 Kissimmee, Florida 32741 Dear Mr. Ritch: This is in response to your […]

Mr. Robert B. Battista. Attorney General of Florida — Opinion June 15, 2009 RE: COUNTY-FARMS-RIGHT TO FARM ACT-BUILDINGS-ZONING-meaning of residential dwelling; applicability of zoning ordinances. ss. 604.50, 823.14, Fla. Stat. Mr. Robert B. Battista Citrus County Attorney Citrus County Courthouse 110 North Apopka Avenue Inverness, Florida 34450 Attention: Mr. Gregg R. Brennan Assistant County Attorney […]

Oliver Lowe, Charlotte County Tax Assessor, Punta Gorda Attorney General of Florida — Opinion December 2, 1974 RE: TAXATION HOMESTEAD EXEMPTION — CONTRACT TO PURCHASE AS SUPPORTING; LISTING OF VENDOR AND VENDEE ON TAX ROLLS homestead exemption and contract to purchase Robert L. Shevin, Attorney General Prepared by: Stephen E. Mitchell, Assistant Attorney General, and […]

The Honorable Frank S. Messersmith Attorney General of Florida — Opinion May 5, 1983 Addition of contiguous lands; special taxing district Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General The Honorable Frank S. Messersmith Chairman Palm Beach County Legislative Delegation Palm Beach County Courthouse P.O. Box 1989 West Palm Beach, Florida 33402 […]

Ronald J. Williams, Conway Fire Control District Fire Chief, Orlando Attorney General of Florida — Opinion November 19, 1974 RE: EMERGENCY VEHICLES USE OF SIRENS AND RED LIGHTS Use of sirens and red lights Robert L. Shevin, Attorney General Prepared by: Charles R. Ranson, Assistant Attorney General QUESTION: May a fire truck illuminate its red […]

Lawrence Braisted City Attorney Winter Haven Attorney General of Florida — Opinion December 30, 1977 Antinepotism Law, two relatives, same agency Robert L. Shevin, Attorney General Prepared by: Jerald S. Price Assistant Attorney General QUESTIONS: 1. Would the appointment of the brother-in-law of the assistant fire chief and personnel officer, who has the authority and […]

Ms. Kimberly Tucker Attorney General of Florida — Opinion March 13, 1995 RE: WHISTLE-BLOWER’S ACT — DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES — effect of waiver of whistle-blower’s protection. Waiver of whistle-blower’s protection Robert A. Butterworth Attorney General Ms. Kimberly Tucker, General Counsel Florida Department of Health and Rehabilitative Services 1317 Winewood Boulevard Building E, […]

Jack Greenhut, Escambia County Attorney, Pensacola Attorney General of Florida — Opinion March 18, 1975 RE: CONSULTANTS’ COMPETITIVE NEGOTIATION ACT CONTRACTING FOR EMERGENCY SERVICES Consultants’ competitive negotiation act Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: May a board of county commissioners employ another engineering firm to complete a […]

Anthony J. Leggio. Attorney General of Florida — Opinion. July 10, 2007 RE: GOVERNMENT IN THE SUNSHINE-ATTORNEY-CLIENT-MUNICIPALITIES-PUBLIC MEETINGS-announcement of attorney seeking attorney client session pursuant to s. 286.011(8), Fla. Stat., may occur at special meeting provided meeting is open to public, reasonable notice has been given, and minutes are taken. Mr. Anthony J. Leggio Interim […]

Robert J. Antonello Attorney Attorney General of Florida — Opinion September 9, 1992 Government in the Sunshine Law Robert A. Butterworth Attorney General Robert J. Antonello Attorney for the Winter Haven Housing Authority QUESTION: Does s. 421.08(7), F.S., constitute an exception to the Government in the Sunshine Law, s. 286.011, F.S., thus permitting the Winter […]

Mr. Wade H. Parsons Attorney General of Florida — Opinion July 20, 1982 Authority to use ad valorem tax for ambulance service Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Wade H. Parsons Attorney for the Mat’lacha and Pine Island Fire Control District Post Office Box 2462 Fort Myers, Florida 33902 […]

Ken Burke. Attorney General of Florida — Opinion. May 31, 2006 RE: BOND — COURT COSTS — CRIMINAL LAW — COSTS — PRETRIAL RELEASE — CLERK OF THE CIRCUIT COURT — requirement to withhold unpaid fines, fees, and court costs. s. 903.286, Fla. Stat. The Honorable Ken Burke Pinellas County Clerk of the Circuit Court […]

Ms. Patricia A. Petruff General Counsel Attorney General of Florida — Opinion May 10, 1995 RE: MUNICIPALITIES — COMPREHENSIVE PLAN — CHARTER — REFERENDA — preemption of authority of municipality to amend comprehensive plan. s. 163.3189, Fla. Stat. Authority of municipality to amend comp. plan Robert A. Butterworth Attorney General Ms. Patricia A. Petruff General […]

Woodie A. Liles, Hillsborough County Attorney, and Cary R. Singletary, Attorney for Hillsborough County Planning Commission, Tampa Attorney General of Florida — Opinion October 4, 1974 RE: COUNTIES COUNTY PLANNING COMMISSION NOT AUTHORIZED TO ALTER BUDGET ESTABLISHED BY COUNTY COMMISSIONERS County planning commission and budget Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, […]

J. Ed Straughn, Executive Director, Department of Revenue, Tallahassee Attorney General of Florida — Opinion February 20, 1975 RE: TAXATION WHEN MOBILE HOME TAXABLE AS PERSONAL PROPERTY Mobile home taxable as personal property Robert L. Shevin, Attorney General Prepared by: J. Kendrick Tucker, Assistant Attorney General QUESTION: Must an assessor place a mobile home that […]

Mr. Terry E. Lewis. Attorney General of Florida — Opinion April 14, 2009 RE: SPECIAL DISTRICTS — WATER CONTROL DISTRICTS — REAL PROPERTY — WATER CONTROL PLAN — authority of water control district to purchase certain property. s. 298.22, Fla. Stat.; Chs. 71-669 and 2005-342, Laws of Fla. Mr. Terry E. Lewis Lewis, Longman Walker, […]

Ms. Annette Star Lustgarten City Attorney Attorney General of Florida — Opinion August 25, 1989 Annuity for retired city employee Robert A. Butterworth Attorney General Ms. Annette Star Lustgarten City Attorney City of Miramar Post Office Box 3838 Miramar, Florida 33083 Dear Ms. Lustgarten: You ask on behalf of the Mayor and the City Commission […]

John Shaw Curry Attorney Attorney General of Florida — Opinion September 21, 1979 Postaudit expenditures, counties John W. Williams Assistant Attorney General John Shaw Curry Attorney for Gadsden County Commission Quincy QUESTION: May the Board of County Commissioners of Gadsden County properly expend county funds for the purpose of hiring an independent certified public accountant […]