Category: Florida Attorney General Opinions

Michael J. O’Brien, Hillsborough County Attorney, Tampa Attorney General of Florida — Opinion March 6, 1975 RE: DUAL OFFICEHOLDING COUNTY COMMISSIONER — APPOINTMENT BY COMMISSION TO COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY PROHIBITED Dual officeholding and county commissioner Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: May the Hillsborough County Board […]

John E. Polk, Seminole County Sheriff, Sanford Attorney General of Florida — Opinion April 4, 1974 RE: FLEA MARKETS — RECORD-KEEPING REQUIREMENTS Flea markets ad record-keeping requirements Robert L. Shevin, Attorney General Prepared by: Raymond L. Marky, Assistant Attorney General QUESTION: Must persons who are trading, bartering, serving, or selling tangible personal property, as owner, […]

Mr. Garth C. Coller. Attorney General of Florida — Opinion August 26, 2009 RE: MUNICIPAL SERVICES BENEFITS UNITS — SPECIAL DISTRICTS — COUNTIES — FIRE AND RESCUE SERVICES — PUBLIC RECORDS — disposition of public records of municipal services benefits units. s. 119.021(4), Fla. Stat.; Ch. 2009-261, Laws of Fla. Mr. Garth C. Coller County […]

Mr. Alan B. Koslow Attorney General of Florida — Opinion July 13, 1990 RE: MUNICIPALITIES — PUBLIC RECORDS — REAL PROPERTY — procedures for acquisition of real property by purchase by municipality Municipality’s acquisition of real property Robert A. Butterworth Attorney General Mr. Alan B. Koslow Acting City Attorney City of Hollywood Post Office Box […]

John R. Culbreath, Representative, 36th District, Brooksville Attorney General of Florida — Opinion March 18, 1975 RE: REGULATION OF PROFESSIONS REEXAMINATION OF APPLICANTS WHOSE EXAMINATION PAPERS HAVE BEEN IMPROPERLY DESTROYED Procedure when exams are improperly destroyed Robert L. Shevin, Attorney General Prepared by: Charles R. Ranson, Assistant Attorney General QUESTION: Is the State of Florida […]

Gurney, Gurney, and Handley, Attorneys for West Orange Memorial Hospital Tax District, Orlando Attorney General of Florida — Opinion November 29, 1976 RE: SPECIAL DISTRICTS HOSPITAL DISTRICT MAY NOT OPERATE AMBULANCE SERVICE IN THE ABSENCE OF AUTHORITY THEREFOR IN ITS ENABLING ACT Special district and operation of ambulance service Robert L. Shevin, Attorney General Prepared […]

Mr. Tom Gardner Attorney General of Florida — Opinion February 8, 1990 RE: SALTWATER FISHING — NATURAL RESOURCES, DEPARTMENT OF — sale of saltwater product pursuant to a retail dealer’s license may not be used to determine eligibility for restricted species endorsement; only those sales pursuant to a saltwater production license may be considered in […]

Ralph D. Turlington, Commissioner of Education, Tallahassee Attorney General of Florida — Opinion August 25, 1975 RE: EDUCATION AUTHORITY OF COMMISSIONER OF EDUCATION AND STATE BOARD OF EDUCATION — APPROVAL OF EXPERIMENTAL SCHOOL CALENDAR Approval of school calendar Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General, and Marty Friedman, Legal […]

Mr. David Wagner Alachua County Attorney Attorney General of Florida — Opinion January 21, 2004 RE: COUNTY JAILS — EXTENDED LIMITS OF CONFINEMENT — WORK-RELEASE PROGRAMS — SHERIFFS — county may not use s. 951.24, Fla. Stat., for individuals who have not been sentenced or who are not inmates of county jail. s. 951.24, Fla. […]

The Honorable Gaston Cantens Attorney General of Florida — Opinion August 1, 2000 RE: SCHOOL BUSES — STUDENT TRANSPORTATION — SAFETY RESTRAINTS — seat belt requirements on school buses and vans carrying students. ss. 234.051, 316.613, 316.614, and 316.6145, Fla. Stat. School buses, seat belt requirements Robert A. Butterworth Attorney General The Honorable Gaston Cantens […]

The Honorable Cheryl Strickland Attorney General of Florida — Opinion August 21, 2001 RE: COUNTIES — COUNTY FUNDS — use of county funds for payment of cost of traffic study. s. 125.01(1)(m), Fla. Stat. Art. VIII, s. 1(f), Fla. Const. County funds for payment of traffic study Robert A. Butterworth Attorney General The Honorable Cheryl […]

Mr. Fred S. Disselkoen, Jr. City Attorney Attorney General of Florida — Opinion March 26, 1985 Board’s authority to grant rehearing Jim Smith Attorney General Mr. Fred S. Disselkoen, Jr. City Attorney City of Ormond Beach Post Office Box 277 Ormond Beach, Florida 32075 Dear Mr. Disselkoen: This is in response to your request for […]

Ms. Julie A.S. Williamson Attorney General of Florida — Opinion April 30, 1985 Action based on quorum vote Jim Smith Attorney General Ms. Julie A.S. Williamson Chairman Code Enforcement Board Miami Shores Village 10050 N.E. Second Avenue Miami Shores, Florida 33138 Dear Ms. Williamson: This is in response to your request for an opinion concerning […]

George H. Nickerson, Jr. Alachua County Attorney Attorney General of Florida — Opinion February 5, 1979 Authority to contract for vending machines Joslyn Wilson Assistant Attorney General George H. Nickerson, Jr. Alachua County Attorney Gainesville QUESTION: Does a noncharter county have the authority to permit and contract for the installation and operation of vending machines […]

Mr. Murray Gilman Attorney General of Florida — Opinion June 12, 1984 Changes in housing authority commission Jim Smith Attorney General Mr. Murray Gilman Executive Director Housing Authority City of Miami Beach 200 Alton Road Post Office Box 39646 Miami Beach, Florida 33119-0646 Dear Mr. Gilman: This is in response to your request for an […]

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, […]

James H. Walden Attorney General of Florida — Opinion May 2, 1978 Death benefits in municipal pension Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General James H. Walden City Attorney Fort Lauderdale (Supplement to 078-17) (See 078-17 for question.) As I indicated in my letter to your predecessor dated March […]

Mr. Leonard R. Mellon Attorney General of Florida — Opinion December 7, 1987 Confidentially of investigation Robert A. Butterworth Attorney General Mr. Leonard R. Mellon Executive Director Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399-0500 Dear Mr. Mellon: Thank you for considering this office as a source to determine if […]

Marsha M. Faux. Attorney General of Florida — Opinion November 9, 2005 RE: TAXATION — STATE OF FLORIDA — PROPERTY — AD VALOREM TAXES — MUNICIPALITY — parking garage owned by state but leased to municipality and sublet to private individuals immune from taxation. The Honorable Polk County Property Appraiser 255 North Wilson Avenue Bartow, […]

Mr. Wayne G. Weeks Clay County Property Appraiser Attorney General of Florida — Opinion October 8, 1993 RE: TAXATION — PROPERTY APPRAISER — exemption for schools applies only if property used exclusively for educational purposes and classes or courses offered are required for certification or accreditation by enumerated organizations. s. 196.198, F.S. Tax exemption for […]

Nathan I. Weinstein Attorney General of Florida — Opinion March 3, 1978 Public bidding for lease Robert L. Shevin, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Nathan I. Weinstein Attorney for St. Augustine Airport Authority St. Augustine QUESTION: Is the St. Augustine Airport Authority required to submit to public bidding the proposed 20-year […]

Chief I.W. Heathcote Attorney General of Florida — Opinion July 2, 1993 RE: MOTOR VEHICLES — VEHICLES — MUNICIPALITIES — UNIFORM TRAFFIC CONTROL LAW: characterization of motorized scooter for purposes of regulation by municipality. Chs. 316, 319, and 320, F.S. Characterization of motorized scooter Robert A. Butterworth Attorney General Chief I.W. Heathcote City of Belleair […]

Mr. William B. Berger. Attorney General of Florida — Opinion July 23, 2008 RE: LAW ENFORCEMENT AGENCIES — DOMESTIC VIOLENCE REPORTS — POLICE REPORTS — event triggering requirement that law enforcement agency provide copy of report of domestic violence to domestic violence center. s. 741.29, Fla. Stat. Mr. William B. Berger Chief of Police Palm […]

Mr. Jonathan Walker Attorney General of Florida — Opinion September 28, 2000 RE: COUNTY — SCHOOLS — disposal of dirt to school district for use in soccer field. s. 125.01, Fla. Stat. County, disposal of dirt to school district Robert A. Butterworth Attorney General Mr. Jonathan Walker Attorney, Walton County Walton County Courthouse Annex Post […]

Ray E. Howard, Chairman, Florida Parole and Probation Commission, Tallahassee Attorney General of Florida — Opinion January 29, 1976 RE: LAW ENFORCEMENT OFFICERS PAROLE AND PROBATION OFFICERS ARE LAW ENFORCEMENT OFFICERS Parole and probation officers Robert L. Shevin, Attorney General Prepared by: A. S. Johnston, Assistant Attorney General QUESTION: Are parole and probation officers law […]

Mr. Loren E. Levy. Attorney General of Florida — Opinion June 16, 2011 RE: PROPERTY APPRAISER — TAXATION — AD VALOREM TAXATION — REAL PROPERTY — TRUSTS — DEEDS — “COMMON LAW PURE TRUST” — “LAND PATENT” — whether property appraiser must remove private real property from ad valorem tax rolls if it has been […]

Mr. Ernest Ellison Attorney General of Florida — Opinion August 6, 1982 Authority to accept future payment Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. Ernest Ellison Auditor General Post Office Box 1734 Tallahassee, Florida 32301 Dear Mr. Ellison: This is in response to your request for an opinion on substantially […]

Mr. Thomas A. Bustin City Attorney Attorney General of Florida — Opinion June 7, 1985 Authority to repeal exemption in ordinance Jim Smith Attorney General Mr. Thomas A. Bustin City Attorney City of Clearwater Post Office Box 4748 Clearwater, Florida 33518-4748 Dear Mr. Bustin: This is in response to your request for an Attorney General […]

Chief Morrey Deen Attorney General of Florida — Opinion March 13, 2001 RE: LAW ENFORCEMENT OFFICERS BILL OF RIGHTS — POLICE OFFICERS — INTERNAL INVESTIGATIONS — review of complaints against law enforcement officer by his or her representative prior to investigative interview. ss. 112.532 and 112.533, Fla. Stat. Law enforcement officers’ bill of rights Robert […]

The Honorable Bolley “Bo” Johnson Speaker Attorney General of Florida — Opinion October 25, 1993 RE: HEALTH CARE — COMMUNITY HEALTH PURCHASING ALLIANCES — appointment of members of CHPA board of directors, restrictions on. s. 408.705(4), F.S. Appointment of members of CHPA board of directors Robert A. Butterworth Attorney General The Honorable Bolley “Bo” Johnson […]

Harry L. Coe, Jr. Executive Director Department of Revenue Tallahassee Attorney General of Florida — Opinion September 29, 1977 Taxation, valuation of property Robert L. Shevin, Attorney General Prepared by: Harold F. X. Purnell Assistant Attorney General QUESTIONS: 1. Would it be proper for a property appraiser, in situations where there is insufficient market activity […]

Mr. Randy Miller and Mr. Lucien C. Proby, Jr. Attorney General of Florida — Opinion November 3, 1986 Authority to increase tourist development tax Jim Smith Attorney General Mr. Randy Miller Executive Director Department of Revenue The Carlton Building Tallahassee, Florida 32301 Mr. Lucien C. Proby, Jr. County Attorney Monroe County Key West, Florida 33040 […]

Nancy Kelley Wittenberg Attorney General of Florida — Opinion December 2, 1980 Administration of injectible vitamins Jim Smith, Attorney General Prepared by: John E. Griffin, Assistant Attorney General Nancy Kelley Wittenberg Secretary, Department of Professional Regulation Tallahassee QUESTION: Do persons licensed to practice chiropractic in this state under ch. 460, F. S., have the statutory […]

Mr. Steven A. Schultz, Mr. Carlton W. Cole. Attorney General of Florida — Opinion December 9, 2011 RE: DUAL OFFICE-HOLDING — SPECIAL MAGISTRATES — MUSEUM TRUSTEES — whether members of museum board of trustees may simultaneously serve as special magistrate for value adjustment board. Art. II, s. 5(a), Fla. Const.; s. 194.035, Fla. Stat. Mr. […]

Ernest Ellison, Auditor General, Tallahassee Attorney General of Florida — Opinion March 24, 1975 RE: COUNTY OFFICERS DETERMINATION OF SALARY INCREASES County officers and salary increases Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: How should the provisions of s. 145.18(2), F.S., be interpreted in calculating the compensation of […]

Robert Lee Shapiro, Attorney for Palm Beach County Property Appraiser, Palm Beach Attorney General of Florida — Opinion January 30, 1976 RE: PROPERTY APPRAISERS DISTRIBUTION OF COMMISSION MADE UNDER LAW IN EFFECT WHEN COMMISSION EARNED RATHER THAN LAW IN EFFECT WHEN MONEY RECEIVED Property appraisers’ commission Robert L. Shevin, Attorney General Prepared by: Zollie M. […]

Mr. Mark F. Carpanini Attorney General of Florida — Opinion April 4, 2002 RE: LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS — COUNTIES — ORDINANCES — INSPECTIONS — WARRANTS — authority of code enforcement officers to search private property. U.S. Const. amend. IV; Fla. Const. Art. 12, s. 12; Ch. 162, Fla. Stat. Robert A. Butterworth Attorney […]

Jack D. Kane, Executive Director, Department of General Services, Tallahassee Attorney General of Florida — Opinion August 9, 1974 RE: DIVISION OF PURCHASING STATUTORY DISCRETIONARY PURCHASING AUTHORITY NOT RESTRICTED BY ADMINISTRATIVE REGULATION Statutory discretionary purchasing authority Robert L. Shevin, Attorney General Prepared by: James D. Whisenand, Assistant Attorney General QUESTIONS: 1. Are the rules set […]

Louie L. Wainwright, Secretary, Department of Offender Rehabilitation, Tallahassee Attorney General of Florida — Opinion January 8, 1976 RE: LAW ENFORCEMENT OFFICERS CORRECTIONAL SYSTEM EMPLOYEES — DESIGNATION AS LAW ENFORCEMENT OFFICERS Correctional system employees Robert L. Shevin, Attorney General Prepared by: Martin S. Friedman, Assistant Attorney General QUESTION: Are employees of the Department of Offender […]

The Honorable Nevin G. Smith Attorney General of Florida — Opinion July 24, 1984 Vocational-technical schools not state agency Jim Smith Attorney General The Honorable Nevin G. Smith Secretary Department of Administration 435 Carlton Building Tallahassee, Florida 32301 Dear Secretary Smith: This is in response to your request for my opinion on the following question: […]

Mr. Charles M. Wynn. Attorney General of Florida — Opinion. October 17, 2006 Re: MUNICIPALITIES — MUNICIPAL HOME RULE POWERS ACT — PUBLIC OFFICERS AND EMPLOYEES — reestablishment of municipality. Ch. 166, Fla. Stat.; Ch. 5798, Laws of Florida 1907. Municipalities, reestablishment of city Charles M. Wynn Law Offices, P.A. Post Office Box 146 Marianna, […]

Margaret T. Scott, Clerk, Circuit Court, Naples Attorney General of Florida — Opinion October 7, 1974 RE: CIRCUIT COURT CLERK FILING FEE FOR NOTICE OF APPEAL FROM CIRCUIT COURT Filing fee for notice of appeal from circuit court Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General QUESTION: What is the […]

Ms. Betty M. Carter Attorney General of Florida — Opinion November 3, 1981 Liability coverage: river authority Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Ms. Betty M. Carter Executive, Secretary Suwannee River Authority QUESTION: Are members of the governing board of the Suwannee River Authority covered by the state insurance umbrella […]

Edwin Baur, Clerk, Circuit Court, Quincy Attorney General of Florida — Opinion May 18, 1976 RE: CIRCUIT COURT CLERKS FEES — HABEAS CORPUS PROCEEDINGS, RECORDING CERTIFICATE OF TITLE IN CIVIL FORECLOSURE ACTION Fees and habeas corpus proceeding Robert L. Shevin, Attorney General Prepared by: Michael H. Davidson, Assistant Attorney General QUESTIONS: 1. Is the clerk […]

Guy Spicola, Representative, 69th District, Tampa Attorney General of Florida — Opinion February 6, 1974 RE: NATIONAL GUARD — MUNICIPAL EMPLOYEES — LEAVE OF ABSENCE FOR WEEKEND DRILLS National guard and leave of absence Robert L. Shevin, Attorney General Prepared by: Michael Parrish, Assistant Attorney General QUESTION: Are municipal employees who are members of National […]

The Honorable Robert L. Crowder Sheriff Attorney General of Florida — Opinion October 10, 1996 RE: PUBLIC RECORDS — VICTIMS — exemption for certain personal information regarding victim of specified crime not limited to agency records relating to crime or created after written request received from victim. s. 119.07(3)(s), Fla. Stat. Records, personal information regarding […]

Donald J. Lunny Attorney General of Florida — Opinion March 9, 1978 Exemption from tax, church group Robert L. Shevin, Attorney General Prepared by: William D. Townsend, Assistant Attorney General Donald J. Lunny City Attorney Plantation QUESTION: Does a so-called Society of Universal Love Church `consulate’ or `rectory’ fall within the exemption from municipal public […]

Mr. Herbert Elliott Attorney General of Florida — Opinion March 28, 1984 Anti-nepotism law Jim Smith Attorney General Mr. Herbert Elliott City Attorney City of Tarpon Springs Suite 17 101 West Court Street Post Office Box 1575 Tarpon Springs, Florida 33589 Dear Mr. Elliott: This is in response to your request for an opinion on […]

Earl G. Peck, MGen., USAF(Ret.) Attorney General of Florida — Opinion February 16, 1994 RE: VETERANS’ AFFAIRS, DEPARTMENT OF — VETERANS — COUNTIES — MUNICIPALITIES — Veteran service officer may not receive a commission for representation of an incompetent veteran. s. 292.05, Fla. Stat. (1993). Veteran service officer receive commission Robert A. Butterworth Attorney General […]

The Honorable Josie L. Davis, Jr. Attorney General of Florida — Opinion July 20, 1983 Interlocal agreement between property appraisers Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General The Honorable Josie L. Davis, Jr. Baker County Property Appraiser 339 East Macclenny Avenue Macclenny, Florida 32063 The Honorable Jim Page Nassau County Property […]

Douglas R. Bell Attorney Attorney General of Florida — Opinion June 25, 1991 Special District / Insurance Plans Robert A. Butterworth Attorney General Douglas R. Bell Attorney for Broward Drainage District QUESTION: Under what circumstances must a special district, pursuant to s. 112.0801, F.S., allow its former employees the option of continuing to participate in […]

Walter C. Young, Representative, 95th District, Tallahassee Attorney General of Florida — Opinion April 16, 1974 Broward County and date of referendum election Robert L. Shevin, Attorney General Prepared by: Michael Parrish, Assistant Attorney General QUESTION: Who must establish the date of the referendum election provided under Ch. 73-414, Laws of Florida, and when must […]

Mr. Randy Ludacer Monroe County Attorney Attorney General of Florida — Opinion October 11, 1994 RE: CONTRACTORS — CONSTRUCTION INDUSTRY LICENSING BOARD — BUSINESS AND PROFESSIONAL REGULATION, DEPT. OF — COUNTIES — LOCAL GOVERNMENTS — MUNICIPALITIES — regulation of construction by owner/builders and licensed contractors. ss. 489.103 and 489.113, Fla. Stat. Regulation of construction by […]

Mr. David La Croix City Attorney Attorney General of Florida — Opinion July 14, 1986 Voting, abstention by city council member Jim Smith Attorney General Mr. David La Croix City Attorney City of Sanibel Post Office Drawer Q Sanibel, Florida 33957 Dear Mr. La Croix: This is in response to your request for an opinion […]

Warren O. Tiller Volusia County Attorney DeLand Attorney General of Florida — Opinion August 23, 1977 County medical examiners, expert witness fees Robert L. Shevin, Attorney General Prepared by: Joslyn Wilson Assistant Attorney General QUESTION: Should the county pay its medical examiner, who is a salaried employee of the county, an expert witness fee in […]

Ms. Sharon V. Thorsen Pompano Beach City Attorney Attorney General of Florida — Opinion June 7, 1994 RE: MUNICIPALITIES — RETIREMENT — POLICE AND FIREFIGHTERS’ RETIREMENT SYSTEM — city may allow retirement system employee to participate in city’s self-insurance program, if city commission determines that such serves a municipal purpose. s. 112.08(2), Fla. Stat. (1993). […]

Mr. Gerald T. Buhr Zolfo Springs Town Attorney Attorney General of Florida — Opinion June 21, 1994 RE: MUNICIPALITIES — HOME RULE — LIENS — CLERKS OF COURT — RECORDS — municipality required to file lien with clerk in order to be effective against creditors and subsequent purchasers for value. ss. 166.021, 180.135 and 695.01; […]

John U. Lloyd, Broward County Attorney, Fort Lauderdale Attorney General of Florida — Opinion September 18, 1974 RE: LEGISLATION CONFLICT BETWEEN SPECIAL AND GENERAL LAW Conflict between general and special law Robert L. Shevin, Attorney General Prepared by: Halley B. Lewis, Assistant Attorney General QUESTION: May a special act be in derogation of a general […]

The Honorable Everett S. Rice Attorney General of Florida — Opinion May 13, 2003 RE: TRAVEL — PER DIEM — SHERIFF — PUBLIC OFFICERS AND EMPLOYEES — rates of travel reimbursement for sheriff’s office employees when participating in federal task force activities. s. 112.061(6), Fla. Stat. Sheriff, federal task force travel reimbursement Charlie Crist Attorney […]

The Honorable Geoffrey Monge Attorney General of Florida — Opinion March 8, 2000 RE: EXPUNGEMENT — CRIMINAL RECORDS — LAW ENFORCEMENT — criminal history record includes formalized information relating to individual granted expungement. ss. 943.045 and 943.0585, Fla. Stat. Criminal history records, expungement Robert A. Butterworth Attorney General The Honorable Geoffrey Monge Sheriff, Sarasota County […]

Daniel N. Martin, Attorney for Clerk of Circuit Court, Port Richey Attorney General of Florida — Opinion February 12, 1974 RE: STATUTORY CONSTRUCTION — SPECIFIC VERSUS GENERAL STATUTES Construction of specific and general statutes Robert L. Shevin, Attorney General Prepared by: Sharyn Smith, Assistant Attorney General QUESTION: Should interest income earned from moneys in the […]

John A. Madigan, Jr., Attorney for Florida Sheriffs Association, Tallahassee Attorney General of Florida — Opinion September 5, 1974 RE: COUNTIES CHARTER COUNTY SHERIFF’S RIGHT TO APPEAL BUDGET Sheriff’s right to appeal budget Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTIONS: 1. Does the sheriff of Volusia County have […]

Attorney General of Florida — Opinion July 25, 1974 RE: TEACHERS’ RETIREMENT SYSTEM COMPUTATION OF BENEFITS Computation of teachers’ retirement benefits Robert L. Shevin, Attorney General Prepared by: Staff QUESTIONS: 1. Does s. 238.09, F.S., provide the administrator of the retirement system for school teachers parameters for s. 238.07, F.S., relative to the magnitude of […]

Chief B.R. Riggs West Palm Beach Police Department Attorney General of Florida — Opinion April 27, 1994 RE: UNIFORM TRAFFIC CONTROL LAW — FINES — SURCHARGES — MUNICIPALITIES — COUNTIES — surcharge imposed by county for traffic violations for participation in intergovernmental communications systems to be used for county’s participation. s. 316.655(6), Fla. Stat. (1993). […]

The Honorable Lennard B. Register, III State Attorney Attorney General of Florida — Opinion November 14, 1989 Notice of commission’s intent to consider ordinance Robert A. Butterworth Attorney General The Honorable Lennard B. Register, III State Attorney Eighth Judicial Circuit Post Office Box 1437 Gainesville, Florida 32602 Dear Mr. Register: You have asked for my […]

The Honorable Charlie Green Attorney General of Florida — Opinion January 30, 2002 RE: COURTS — COUNTIES — MUNICIPALITIES-COURT COSTS-local governments’ assessment of court costs. ss. 938.01 and 938.15, Fla. Stat. Local governments’ assessment of court costs Robert A. Butterworth Attorney General The Honorable Charlie Green Lee County Clerk of Circuit Court Post Office Box […]

Mr. Michael N. Kavouklis County Attorney Attorney General of Florida — Opinion July 12, 1984 Authority of transportation commission Jim Smith Attorney General Mr. Michael N. Kavouklis County Attorney Hillsborough County Post Office Box 1110 Tampa, Florida 33601 Dear Mr. Kavouklis: This is in response to your request for an opinion on substantially the following […]

Mr. S. Craig Kiser Attorney General of Florida — Opinion June 14, 1984 Retroactive pay increase for superintendent Jim Smith Attorney General Mr. S. Craig Kiser General Counsel Office of the Comptroller The Capitol Tallahassee, Florida 32301 Dear Mr. Kiser: According to your letter, the Auditor General has recently reported several claims to the Department […]

Roger G. Saberson City Attorney Delray Beach Attorney General of Florida — Opinion March 3, 1977 Lease of municipal land Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason Assistant Attorney General Joslyn Wilson Legal Research Assistant QUESTIONS: 1. Does the proposed lease arrangement in which the City of Delray Beach proposes to lease […]

Mr. Brian Flaherty and Mr. Ronald Duffey Attorney General of Florida — Opinion June 26, 2002 RE: HOUSING AUTHORITIES — COUNTIES — MUNICIPALITIES — INTERLOCAL AGREEMENTS — exercise of power by county housing authority within municipal housing authority’s jurisdiction. ss. 163.01 and 421.11, Fla. Stat. Exercise of power by county housing authority Robert A. Butterworth […]

Mr. Adam M. Fetterman. Attorney General of Florida — Opinion May 28, 2008 RE: SHERIFFS-COUNTY OFFICERS-PUBLIC OFFICERS-SALARY-authority of sheriff to reduce his salary. ss. 145.011, 145.071, Fla. Stat.; Art. II, s. 5(c), Fla. Const. Mr. Adam M. Fetterman General Counsel St. Lucie Sheriff’s Department 4700 West Midway Road Fort Pierce, Florida 34981 Bill McCollum, Attorney […]

Mr. Robert A. Butterworth Attorney General of Florida — Opinion January 18, 1983 Authority to inspect school buses Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Robert A. Butterworth Executive Director Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32301 Dear Mr. Butterworth: This is in response […]

Joan M. Heggen Attorney General of Florida — Opinion July 14, 1980 Residential condominiums; accessibility Jim Smith, Attorney General Prepared by: John W. Williams, Assistant Attorney General Joan M. Heggen Secretary, Department of Community Affairs Tallahassee QUESTION: Do the provisions of part V, ch. 553, F. S., apply to residential condominiums? SUMMARY: Until legislatively or […]

Guy C. Bliss, Lake County Sheriff, Tavares Attorney General of Florida — Opinion November 12, 1976 RE: JUVENILES JUVENILES TAKEN INTO CUSTODY FOR COMMISSION OF MISDEMEANORS MAY BE FINGERPRINTED AND PHOTOGRAPHED Juveniles and misdemeanors Robert L. Shevin, Attorney General Prepared by: Charles W. Musgrove, Assistant Attorney General QUESTION: May juveniles taken into custody on charges […]

Chief Carl E. Newland Titusville Police Department Attorney General of Florida — Opinion March 4, 1996 RE: LAW ENFORCEMENT OFFICERS — PUBLIC RECORDS — POLICE DEPARTMENTS — ability of chief to discuss internal investigation with supervisory staff. s. 112.533, Fla. Stat. Police chief’s discussion of internal investigation Robert A. Butterworth Attorney General Chief Carl E. […]

Thomas L. Hazouri Representative 21st District Jacksonville Attorney General of Florida — Opinion January 25, 1977 Adult rights law, Billiard parlors Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith Assistant Attorney General QUESTION: Does s. 743.07, F. S., the Adult Rights Act, impliedly amend s. 849.06, F. S., so as to permit persons […]

Jane W. Robinson, Representative, 46th District, Cocoa Attorney General of Florida — Opinion December 6, 1974 RE: TAXATION DISABILITY EXEMPTIONS — CERTIFICATION THEREFOR BY SOCIAL SECURITY ADMINISTRATION UNAUTHORIZED Taxation and disability exemptions Robert L. Shevin, Attorney General Prepared by: Joseph C. Mellichamp III, Assistant Attorney General QUESTION: May a tax assessor accept certification of 100 […]

Mr. Richard V. Neill, Jr. City Attorney Attorney General of Florida — Opinion March 10, 1993 RE: MUNICIPALITIES — LICENSES — OCCUPATIONAL LICENSES — DEPARTMENT OF PROFESSIONAL REGULATION — authority of municipality to require occupational licenses for those regulated by Department of Professional Regulation. s. 205.065, F.S. (1992 Supp.). Municipality to require occupational licenses Robert […]

Elizabeth A. Metzger Attorney Attorney General of Florida — Opinion April 10, 1992 Government in the Sunshine Law Robert A. Butterworth Attorney General Elizabeth A. Metzger Attorney for Glades General Hospital QUESTION: Is a joint conference meeting of the board of directors and the medical staff’s quality assurance committee of the Glades General Hospital to […]

Mr. Robert D. Klausner Attorney General of Florida — Opinion November 3, 2003 RE: CONSOLIDATED GOVERNMENT — COUNTIES — CHARTERS — RETIREMENT — participation in state retirement system by officers of consolidated government. S. 121.052, Fla. Stat.; Chs. 67-1320 and 92-341, Laws of Florida. Retirement, consolidated gov’t of Jacksonville Charlie Crist Attorney General Mr. Robert […]

Stewart C. Eggert, Attorney for Hillsborough County Aviation Authority, Tampa Attorney General of Florida — Opinion May 22, 1974 RE: STANDARDS OF CONDUCT APPLICABILITY TO COUNTY AVIATION AUTHORITY Standards of conduct and county aviation authority Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General, and Gerald L. Knight, Legal Research Assistant […]

Mr. Gregory L. Coler Attorney General of Florida — Opinion October 13, 1989 Adult protective services act Robert A. Butterworth Attorney General Mr. Gregory L. Coler Secretary Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Dear Secretary Coler: You have asked substantially the following question: Does the Adult Protective Services Act, […]

Frederick Fernez Attorney General of Florida — Opinion December 12, 1978 Disposal of traffic citations, not criminal Robert L. Shevin, Attorney General Prepared by: David K. Miller, Assistant Attorney General Frederick Fernez Chief of Police Indian Harbour Beach QUESTION: Is violation of s. 316.650(4), F. S., a criminal act? SUMMARY: The violation of the provisions […]

William C. Zinkil, Sr., Senator, 32nd District, Hollywood Attorney General of Florida — Opinion May 21, 1974 RE: FIREARMS LICENSES OF SECURITY GUARDS License of security guards Robert L. Shevin, Attorney General Prepared by: Michael M. Corin, Assistant Attorney General QUESTION: Are employees of a security patrol and armed guard service that is licensed under […]

Mr. Thomas B. Drage, Jr. Attorney General of Florida — Opinion June 13, 2008 Mr. Thomas B. Drage, Jr. Orange County Attorney 201 South Rosalind Avenue — 3rd Floor Post Office Box 1393 Orlando, Florida 32603-1393 Bill McCollum, Attorney General Dear Mr. Drage: As County Attorney for Orange County you have asked for my opinion […]

William J. Page, Secretary, Department of Health and Rehabilitative Services, Tallahassee Attorney General of Florida — Opinion February 6, 1976 RE: MENTAL COMPETENCE FINDING OF INCOMPETENCE TO STAND TRIAL NOT EQUIVALENT TO ADJUDICATION OF MENTAL INCOMPETENCE Adjudication of mental incompetence Robert L. Shevin, Attorney General Prepared by: Wallace E. Allbritton, Assistant Attorney General QUESTIONS: 1. […]

Mr. James R. English, Mr. Herbert W. A. Thiele. Attorney General of Florida — Opinion September 24, 2008 RE: ROADS — MUNICIPALITIES — COUNTIES — RIGHT OF WAYS — SIDEWALKS — responsibility for maintenance of sidewalks and medians of county roads located within city limits. s. 335.0415, Fla. Stat. Mr. James R. English City Attorney […]

The Honorable Ken J. Mascara Attorney General of Florida — Opinion October 30, 2001 RE: CONTRABAND FORFEITURE-LAW ENFORCEMENT TRUST FUND-use of special trust fund for capital expenditures of drug treatment program. s. 932.7055, Fla. Stat. Contraband Forfeiture, use of trust fund Robert A. Butterworth Attorney General The Honorable Ken J. Mascara St. Lucie County Sheriff […]

Ernest Ellison Attorney General of Florida — Opinion November 3, 1978 Counties, publication of financial statements Robert L. Shevin, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Ernest Ellison Auditor General Tallahassee QUESTION: What method or methods for publication will be sufficient for a board of county commissioners to be in compliance with the […]

Mr. B. Norris Rickey Attorney General of Florida — Opinion October 2, 1998 RE: VETERANS — HOMESTEAD PROPERTY — AD VALOREM TAXATION — surviving spouse of veteran killed on active duty may claim total tax exemption on homestead property. ss. 196.081 and 196.091, Fla. Stat. Homestead exemption, surviving spouse of veteran Robert A. Butterworth Attorney […]

Don F. Hazelton, Representative, 78th District, West Palm Beach Attorney General of Florida — Opinion April 1, 1974 RE: SURVIVAL STATUTE — CONFLICT WITH WRONGFUL DEATH ACT Wrongful death act and conflict with survival statute Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General, and Gerald L. Knight, Legal Research Assistant […]

Mr. Dwight W. Severs Attorney General of Florida — Opinion February 16, 1998 RE: GOVERNMENT IN THE SUNSHINE LAW — MUNICIPALITIES — applicability of Sunshine Law to citizen committees. s. 286.011, Fla. Stat. Sunshine Law, applicability to citizen committees Robert A. Butterworth Attorney General Mr. Dwight W. Severs Titusville City Attorney Post Office Box 2806 […]

Lori Wilson, Senator, 16th District, Merritt Island Attorney General of Florida — Opinion March 18, 1975 RE: MUNICIPALITIES MANNER OF FILLING VACANCY IN OFFICE CAUSED BY RECALL PROCEEDINGS Filling vacancy in office after recall Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: May a city charter be amended to […]

Mr. James Edward Cheek. Attorney General of Florida — Opinion September 15, 2009 RE: MUNICIPALITIES — CHARTERS — VACANCIES — BOARDS — TERMS OF OFFICE — REFERENDUM — procedure for amending charter provisions relating to terms of office for appointive boards or commissions. ss. 166.021 and 166.031, Fla. Stat. Mr. James Edward Cheek, III City […]

Randall P. Kirkland, Orange County Court and Circuit Court Clerk, Orlando Attorney General of Florida — Opinion October 31, 1974 RE: MARRIAGE LICENSES ISSUANCE SOLELY ON BASIS OF APPLICATION Marriage licenses Robert L. Shevin, Attorney General Prepared by: Halley B. Lewis, Assistant Attorney General QUESTION: Is the county court judge or clerk of circuit court […]