Category: Florida Attorney General Opinions

Dr. Elton J. Gissendanner Attorney General of Florida — Opinion October 25, 1983 Sale or lease of Murphy Act lands Jim Smith, Attorney General Prepared by: Jason Vail, Assistant 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 […]

Clyde Heath, Clerk, Circuit Court, Fort Lauderdale Attorney General of Florida — Opinion March 18, 1975 RE: COUNTIES COUNTY COMPTROLLER — DUTIES ASSUMED BY COUNTY ADMINISTRATOR OR CIRCUIT COURT CLERK Duties of county comptroller Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTIONS: 1. Are reports of campaign contributions and […]

Mr. Matt E. Dannheisser Attorney General of Florida — Opinion July 9, 2001 RE: MUNICIPALITIES — TAXATION — LOCAL GOVERNMENT INFRASTRUCTURE SURTAX — use of local government infrastructure surtax for health care facility. s. 212.055(2), Fla. Stat., as amended by Ch. 2001-60, Laws of Florida. Local government infrastructure surtax, health care Robert A. Butterworth Attorney […]

E. Wilson Purdy, Director, Public Safety Department, Miami Attorney General of Florida — Opinion October 30, 1975 RE: CRIMINAL LAW UNDERCOVER POLICE OFFICER NOT SUBJECT TO CRIMINAL SOLICITATION STATUTE IN ABSENCE OF MENS REA OF OFFICER Undercover police and solicitation statute Robert L. Shevin, Attorney General Prepared by: Michael M. Corin, Assistant Attorney General QUESTION: […]

Richard (Dick) Stone, Secretary of State, Tallahassee Attorney General of Florida — Opinion January 8, 1974 RE: ELECTION — TIME FOR FILING REPORTS Elections and filing reports Robert L. Shevin, Attorney General Prepared by: Michael Parrish, Assistant Attorney General QUESTION: What rules should be applied in computing the time required for filing reports, et cetera, […]

Cecil L. Anchors, Sr., Clerk, Circuit and County Courts, Crestview Attorney General of Florida — Opinion June 9, 1975 RE: MAPS AND PLATS STREETS IN SUBDIVISION PLAT NEED NOT BE DEDICATED TO THE PUBLIC Subdivision streets and public use Robert L. Shevin, Attorney General Prepared by: Zollie M. Maynard, Jr., Assistant Attorney General, and Charles […]

Robert E. Stone, State Attorney, Fort Pierce Attorney General of Florida — Opinion February 13, 1974 RE: SUNSHINE LAW — INDIVIDUAL MEETINGS BETWEEN CITY MANAGER AND CITY COUNCILMEN Meetings with city manager and sunshine law Robert L. Shevin, Attorney General Prepared by: Jan Dunn, Assistant Attorney General QUESTION: Is it a violation of the Government […]

Armond Cross, Chairman, Florida Parole and Probation Commission, Tallahassee Attorney General of Florida — Opinion April 29, 1974 RE: PAROLE AND PROBATION WHO MAY PAROLE PRISONER HELD IN THIS STATE UNDER INTERSTATE CORRECTIONS COMPACT Authhority to give inmate parole Robert L. Shevin, Attorney General Prepared by: Richard W. Prospect, Assistant Attorney General QUESTION: Does the […]

Frederick B. Karl, Jr. Attorney General of Florida — Opinion October 21, 1986 Complaint review board, duties and authority Jim Smith Attorney General To: Frederick B. Karl, Jr. City Attorney City of South Daytona QUESTIONS: 1. May a complaint review board, established pursuant to part VI of ch. 112, F.S., be convened only at the […]

Mr. Bruce R. Conroy City Attorney Attorney General of Florida — Opinion August 19, 1993 RE: MUNICIPALITIES — HRS RECORDS — ABUSE — MINORS: access to police arrest reports of persons charged with child abuse or abuse of aged persons or disabled. ss. 415.107 and 415.51, F.S. (1992 Supp.). Arrest reports re child/aged/disabled abuse Robert […]

Chief Mitchell T. Pollock Attorney General of Florida — Opinion June 30, 1997 RE: MUNICIPALITIES — LAW ENFORCEMENT — chief of police not required to have two officers on duty at all times. s. 166.049, Fla. Stat. Law enforcement, two officers on duty at all times Robert A. Butterworth Attorney General Chief Mitchell T. Pollock […]

Mr. Bruce P. Taylor School Board Attorney Attorney General of Florida — Opinion January 4, 1993 RE: SUNSHINE LAW — SCHOOL DISTRICTS — PUBLIC SCHOOLS — STUDENT DISCIPLINE — applicability of sunshine law to student expulsion hearings. ss. 230.33 and 232.26, F.S.; and s. 230.23(6)(c), F.S. (1992 Supp.). Student expulsion hearings Robert A. Butterworth Attorney […]

George C. Carr, Polk County Attorney, Bartow Attorney General of Florida — Opinion June 25, 1974 RE: COUNTY OFFICIALS SALARIES — EFFECTIVE DATE OF ADJUSTMENTS RESULTING FROM CHANGE IN POPULATION OF COUNTY Changes in salaries and county population Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: When do increases […]

Dorothy W. Glisson, Secretary, Department of Professional and Occupational Regulation, Tallahassee Attorney General of Florida — Opinion January 30, 1976 RE: REGULATION OF PROFESSIONS LICENSE FEE EARNED WHEN LICENSE ISSUED — PRO RATA REFUND NOT AUTHORIZED No pro rate refund for license fee Robert L. Shevin, Attorney General Prepared by: Barry Silber, Assistant Attorney General […]

Michael E. Watkins, City Attorney, Homestead Attorney General of Florida — Opinion December 9, 1974 RE: ELECTIONS GROUP ADVERTISING IN SUPPORT OF RECALL ELECTION SUBJECT TO SS. 104.37(5) AND 104.373, F.S. Recall election and group advertising Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: Do the provisions of ss. […]

J. Ed Straughn, Executive Director, Department of Revenue, Tallahassee Attorney General of Florida — Opinion October 31, 1974 RE: TAXATION VOLUSIA COUNTY ENTITLED TO RETURN OF GAS TAXES PAID Return of gas taxes paid Robert L. Shevin, Attorney General Prepared by: Sydney H. McKenzie III, Assistant Attorney General QUESTION: Is Volusia County, a charter county […]

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 […]

Elaine Gordon, Chairperson, House Committee on Health and Rehabilitative Services Attorney General of Florida — Opinion June 2, 1976 RE: ADMINISTRATIVE PROCEDURE ACT APPLICABILITY TO DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES’ PERSONNEL POLICIES; EFFECT OF WAIVERS IN CH. 75-48, LAWS OF FLORIDA Administrative procedure act and personnel parties Robert L. Shevin, Attorney General Prepared by: […]

Donald E. Stephens, Lake County Tax Assessor, Tavares Attorney General of Florida — Opinion March 20, 1974 RE: TAXATION — PROPERTY IN WHICH EXEMPT PUBLIC AUTHORITY HOLDS EASEMENT NOT EXEMPT Easement and ad valorem tax Robert L. Shevin, Attorney General Prepared by: Sydney H. McKenzie III, Assistant Attorney General, and David M. Hudson, Legal Intern […]

Mr. Tom Morton Attorney General of Florida — Opinion March 19, 1982 Definition and disposal of dirt Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Tom Morton County Attorney Santa Rosa County Post Office Box 781 Milton, Florida 32570 Dear Mr. Morton: This is in response to your request for an […]

George R. Grosse, Representative, 15th District, Tallahassee Attorney General of Florida — Opinion May 18, 1976 RE: APPRENTICESHIP NO CONFLICT BETWEEN JACKSONVILLE ORDINANCE AND DEPARTMENT OF COMMERCE RULE Conflict between state rules and ordinance Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: Does s. 910.111(b)(2) of the Jacksonville Code […]

Rudy Underdown, Brevard County Tax Collector, Titusville Attorney General of Florida — Opinion April 8, 1976 RE: TRAVEL EXPENSES REIMBURSEMENT FOR GRATUITOUSLY FURNISHED MEALS Travel expenses and reimbursement for furnished meals Robert L. Shevin, Attorney General Prepared by: Martin S. Friedman, Assistant Attorney General QUESTION: Must a traveler who is on per diem deduct the […]

Elizabeth T. McBride Assistant City Attorney Attorney General of Florida — Opinion June 3, 1991 School Board’s Security / Law Enforcement Agency Robert A. Butterworth Attorney General Elizabeth T. McBride Assistant City Attorney City of West Palm Beach QUESTION: Is a school board’s security department a law enforcement agency entitled to share in forfeited funds […]

Mr. J. Michael Swaine City Attorney Attorney General of Florida — Opinion May 8, 1986 Redevelopment agency, authority to purchase property Jim Smith Attorney General Mr. J. Michael Swaine City Attorney City of Sebring 245 So. Commerce Sebring, Florida 33871-0231 Dear Mr. Swaine: This is in response to your request for an Attorney General’s Opinion […]

Mr. Harold D. Lewis General Counsel Attorney General of Florida — Opinion December 14, 1994 RE: RECORDS — HEALTH CARE — AGENCY FOR HEALTH CARE ADMINISTRATION — HEALTH MAINTENANCE ORGANIZATIONS — exemption for identifying information refers to information identifying individuals and not HMO. s. 641.515(2), Fla. Stat. HMO/Exemption for identifying info Robert A. Butterworth Attorney […]

Ms. Phyllis M. Rosier Attorney General of Florida — Opinion June 13, 2000 RE: MUNICIPALITIES — COUNTIES — LOCAL GOVERNMENT CODE ENFORCEMENT — INTERLOCAL AGREEMENTS — interlocal agreement for county code enforcement board to enforce city’s codes. Code enforcement board, interlocal agreement Robert A. Butterworth Attorney General Ms. Phyllis M. Rosier Attorney for Town of […]

Edgar M. Dunn, Jr., Senator, 10th District, Daytona Beach Attorney General of Florida — Opinion October 8, 1975 RE: VOLUSIA COUNTY CHARTER MAY NOT BE REPEALED BY INITIATIVE AND REFERENDUM County charter and initiative and referendum Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: Is the Volusia County Charter […]

E. J. Salcines Attorney General of Florida — Opinion October 25, 1977 Penalties, attempted burglary Robert L. Shevin, Attorney General Prepared by: Michael H. Davidson Assistant Attorney General E. J. Salcines State Attorney Tampa (See 077-4 for question) SUMMARY: Upon reconsideration of AGO 077-4, in view of recent appellate court decisions on the same subject […]

Herbert M. Brown, City Attorney, Clearwater Attorney General of Florida — Opinion January 24, 1975 RE: MUNICIPALITIES GRANTING SUBPOENA POWER TO COMMUNITY RELATIONS BOARD Subpeona power and community relations board Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: May the governing body of a municipality grant subpoena powers to […]

The Honorable David I. Bitner Attorney General of Florida — Opinion June 14, 1996 RE: LEGAL NOTICES — PUBLICATIONS — ADVERTISEMENTS — publication of legal notices in newspaper entered as “periodical” class permissible in light of U.S. postal service’s renaming or second-class mail as periodical mail. ss. 50.031 and 50.051, Fla. Stat. Legal notices published […]

Mr. Robert D. Pritt. Attorney General of Florida — Opinion. June 29, 2006 RE: SPECIAL DISTRICTS — FIRE PROTECTION AND RESCUE DISTRICTS — PUBLIC FUNDS — PRIVATE PROPERTY — ROADS — authority of district to construct and maintain private roads. Ch. 2004-470, Laws of Florida. Chs. 189 and 191, Fla. Stat. Fire Protection District, maintaining […]

Robert R. Crittenden Lake Alfred City Attorney Winter Haven Attorney General of Florida — Opinion March 29, 1977 Coin operated machines, occupational licenses Robert L. Shevin, Attorney General Prepared by: Harold F. X. Purnell Assistant Attorney General QUESTIONS: 1. Is the nonresident owner/lessor of coin-operated machines, who does not operate a permanent place of business […]

Ms. Katherine Mackenzie-Smith. Attorney General of Florida — Opinion November 5, 2010 RE: GOVERNMENT IN THE SUNSHINE LAW — OPEN MEETINGS — CORPORATIONS — COUNTIES — whether not-for-profit corporation is subject to open meetings law. ss. 163.08 and 286.011, Fla. Stat. Ms. Katherine Mackenzie-Smith St. Lucie County Assistant County Attorney 2300 Virginia Avenue Ft. Pierce, […]

J. E. Lang Attorney General of Florida — Opinion October 23, 1978 Municipalities, housing authorities, tax exemption Robert L. Shevin, Attorney General Prepared by: Maxie Broome, Jr., Assistant Attorney General J. E. Lang Executive Director Housing Authority of the City of West Palm Beach West Palm Beach QUESTION: Pursuant to s. 423.02, F. S., is […]

The Honorable Richard Ake Attorney General of Florida — Opinion September 27, 1989 Return of funds by circuit clerk Robert A. Butterworth Attorney General The Honorable Richard Ake Clerk of the Circuit Court Hillsborough County Post Office Box 1110 Tampa, Florida 33601 Dear Mr. Ake: You ask substantially the following question: May the clerk of […]

Lewis W. Fishman General Counsel Attorney General of Florida — Opinion November 27, 1991 Special Taxing District Robert A. Butterworth Attorney General Lewis W. Fishman General Counsel Lower Florida Keys Hospital District QUESTION: 1. Is the Lower Florida Keys Hospital District required to remit to the Monroe County Property Appraiser’s Office payment in accordance with […]

The Honorable David H. Pingree Attorney General of Florida — Opinion January 29, 1982 Funding; Alcohol Prevention Act 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 response to […]

Mr. Dennis Manelli Attorney General of Florida — Opinion October 1, 1997 RE: TAMPA PORT AUTHORITY — COMPETITIVE BIDS — CONSTRUCTION CONTRACTS — competitive bidding procedures for Tampa Port Authority. s. 255.20, Fla. Stat.; Ch. 95-488, Laws of Florida. Port Authority, competitive bidding Robert A. Butterworth Attorney General Mr. Dennis Manelli Counsel for Tampa Port […]

Mr. Randy Miller Attorney General of Florida — Opinion June 1, 1982 Depositing sales tax money Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Randy Miller Executive Director Department of Revenue Carlton Building Tallahassee, Florida 32301 Dear Mr. Miller: This is in response to your request for an opinion on the […]

Mr. Larry M. Haag Attorney General of Florida — Opinion July 27, 1990 RE: COUNTIES — TOURIST DEVELOPMENT TAX — tax revenues may be used for hydrilla and weed control of inland lakes and rivers if primarily related to tourism Tourist development tax, hydrilla and weed control Robert A. Butterworth Attorney General Mr. Larry M. […]

Joe Horn Attorney General of Florida — Opinion April 20, 1978 Legal titleholder of record Robert L. Shevin, Attorney General Prepared by: Harold F. X. Purnell, Assistant Attorney General Joe Horn Mount Seminole County Attorney Sanford QUESTIONS: 1. Who is the `legal titleholder of record’ under s. 197.291(2), F. S., when the official records indicate […]

Stephen J. Gaul. Attorney General of Florida — Opinion November 21, 2005 RE: DUAL OFFICEHOLDING — PUBLIC OFFICERS — MUNICIPALITIES — GOVERNMENT INTHE SUNSHINE LAW — PUBLIC MEETINGS — committee or board with purelyadvisory powers not an office for purposes of dual officeholding;attendance of two or more town commission members at public meeting ofother town […]

Mr. Kevin D. Obos Attorney General of Florida — Opinion August 23, 2005 RE: SHERIFFS — JUDGMENTS — SHERIFFS’ SALES — LIENS — FINAL PROCESS — manner for sheriff to determine priority of lienholders when distributing money from sheriff’s sale. ss. 30.17, 55.10, 56.27, Fla. Stat. Sheriff’s sales, priority of lienholders Mr. Kevin D. Obos […]

Willard Howatt, Attorney for Anastasia Mosquito Control District, St. Augustine Attorney General of Florida — Opinion April 4, 1974 RE: PUBLIC OFFICERS — SPECIAL DISTRICTS RESIDENCY REQUIREMENTS — EFFECT OF BOARD MEMBER RELOCATING RESIDENCE OUTSIDE OF DISTRICT Special district residency requirements Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: […]

Mr. Daniel L. Dwyer Attorney General of Florida — Opinion September 30, 1983 Civic participation leave with partial pay Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Daniel L. Dwyer Assistant School Board Attorney District School Board of Pasco County 402 East Church Avenue Post Office Box 4 Dade City, […]

Mr. Lucien C. Proby, Jr. County Attorney Attorney General of Florida — Opinion August 14, 1986 Taxing district , authority to levy ad valorem tax Jim Smith Attorney General Mr. Lucien C. Proby, Jr. County Attorney Monroe County 500 Whitehead Street Key West, Florida 33040 Dear Mr. Proby: This is in response to your request […]

The Honorable David H. Bludworth Attorney General of Florida — Opinion January 26, 1984 Funds used to par Florida Bar dues Jim Smith Attorney General The Honorable David H. Bludworth State Attorney Room 430 Palm Beach County Courthouse West Palm Beach, Florida 33401 Dear Mr. Bludworth: This is in response to your request for an […]

Mr. Isadore F. Rommes, Jr. Attorney Attorney General of Florida — Opinion May 18, 1989 School board subject to comprehensive plan Robert A. Butterworth Attorney General Mr. Isadore F. Rommes, Jr. Attorney for City of Perry and District School Board of Taylor County 115 West Bay Street Perry, Florida 32347 Dear Mr. Rommes: You have […]

Mr. Robert M. Bradley, Jr. Orange Park Town Attorney Attorney General of Florida — Opinion June 6, 2003 RE: RECORDS — SOCIAL SECURITY NUMBER — MUNICIPALITY — exception to confidentiality of social security number when requested by commercial entity for legitimate business purposes. s. 119.0721, Fla. Stat. Records, social security numbers Charlie Crist Attorney General […]

Colonel Warren R. McPherson Attorney General of Florida — Opinion February 12, 2003 RE: TAXATION_HOMESTEAD EXEMPTION — VETERAN_DISABLED PERSONS_whether disabled veteran required to hold title to property for which exemption claimed on January 1 of tax year. Art. VII, s. 6, Fla. Const.; ss. 196.011 and 196.081, Fla. Stat. Homestead exemption, disabled veteran Charlie Crist […]

Mr. Maynard A. Gross Attorney General of Florida — Opinion April 2, 1984 Inspectors entering private property Jim Smith Attorney General Mr. Maynard A. Gross Town Attorney Town of Medley Suite 200, Dadeland West 10651 North Kendall Drive Miami, Florida 33176 Dear Mr. Gross: This is in response to your request for an Attorney General’s […]

Jose B. Alvarez District Attorney Attorney General of Florida — Opinion July 1, 1991 Fire Districts / Firesafety Responsibilities Robert A. Butterworth Attorney General Jose B. Alvarez District Attorney Deltona Fire District QUESTION: Does the Deltona Fire District have firesafety responsibilities pursuant to Ch. 633, F.S.? SUMMARY: Pursuant to Ch. 90-145, Laws of Florida, the […]

Jack M. Poorbaugh, Representative, 77th District, Jupiter Attorney General of Florida — Opinion April 10, 1974 RE: REGULATION OF OCCUPATIONS — COUNTY’S AUTHORITY TO REQUIRE LOCAL COMPETENCY EXAMINATION FOR STATE-REGISTERED CONTRACTOR Local competency exam for contractor Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: May a county legally require a registered general contractor to […]

Edward D. Foreman City Attorney Attorney General of Florida — Opinion July 27, 1992 Prepay gasoline purchased made 8:00 p.m. 5:00 a.m. Robert A. Butterworth Attorney General Edward D. Foreman City Attorney City of Pinellas Park QUESTION: Does s. 812.1725, F.S.,[1] preempt the City of Pinellas Park from requiring by ordinance that customers prepay for […]

Earl Rich, Highlands County Clerk of Courts, Sebring Attorney General of Florida — Opinion July 18, 1974 RE: WITNESSES PAYMENT OF WITNESS FEES Payment of witness fees Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: Is the state or the county responsible for the payment of witnesses in criminal […]

Ms. Freda Wright Attorney General of Florida — Opinion March 2, 1982 Use of funds to attend class Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistant Attorney General Ms. Freda Wright Clerk Indian River County Post Office Box 1028 Vero Beach, Florida 32960 Dear Ms. Wright: This is in response to your request for […]

Ms. Barbara J. Staros Attorney General of Florida — Opinion June 2, 1994 RE: EDUCATION, DEPARTMENT — TEACHERS — EXPUNGEMENT — RECORDS — disclosure of expunged or sealed criminal history records for licensure or employment with Department of Education; disclosure of such records held by department prohibited. ss. 119.07, 943.0585 and 943.059, Florida Statutes. Disclosure/expunged […]

J. H. Guerry, Executive Director, Judicial Administration Commission, Tallahassee Attorney General of Florida — Opinion March 12, 1975 RE: STATE ATTORNEYS ONLY LAWYERS MAY BE DESIGNATED ASSISTANT STATE ATTORNEYS Assistant state attorneys Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: Is it permissible for the state attorney of each […]

Ernest Ellison Attorney General of Florida — Opinion December 29, 1978 Depositing funds outside State Treasury Robert L. Shevin, Attorney General Prepared by: Harold F. X. Purnell, Assistant Attorney General Ernest Ellison Auditor General Tallahassee QUESTIONS: 1. Is the Board of Trustees of the Florida School for the Deaf and the Blind required by law […]

Douglas Stowell, Secretary, Department of Professional and Occupational Regulation, Tallahassee Attorney General of Florida — Opinion December 22, 1975 RE: REGULATION OF PROFESSIONS COSMETOLOGY BOARD — COMPENSATION OF MEMBERS — “RETAKE” EXAMINATIONS; EMPLOYMENT OF PROFESSIONAL EXAMINERS Cosmetology board — members and examiners Robert L. Shevin, Attorney General Prepared by: Barry Silver, Assistant Attorney General QUESTIONS: […]

Member of the Board, Water Management District Attorney General of Florida — Opinion March 27, 1974 RE: STANDARDS OF CONDUCT — MEMBER OF BOARD OF WATER MANAGEMENT DISTRICT RENDERING PROFESSIONAL SERVICES TO UTILITY COMPANY WITHIN DISTRICT Professional services by board member Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: […]

Raymond J. Moudry, Representative, 79th District, West Palm Beach Attorney General of Florida — Opinion February 7, 1974 RE: SPECIAL DISTRICTS NOT POSSESSED OF HOME RULE POWERS TO AMEND OWN CHARTER Home rule power and special districts Robert L. Shevin, Attorney General Prepared by: Jan Dunn, Assistant Attorney General QUESTION: Is the South Lake Worth […]

Mr. Nicholas M. Meiszer County Attorney General of Florida — Opinion February 19, 1993 RE: COUNTIES — AIRPORT AUTHORITIES — ZONING — BUILDING CODES — applicability of county zoning regulations to airport authority construction. Ch. 63-1853, Laws of Florida, as amended. Part VII, Ch. 553, F.S. ss. 553.73, 553.79, and 553.80, F.S. County zoning regs […]

Mr. Ben L. Holley Attorney General of Florida — Opinion October 8, 1981 Control over fire and police departments Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Ben L. Holley City Attorney City of Crestview QUESTION: Is a referendum required to amend the City Charter of Crestview by removing the […]

Dorothy W. Glisson Secretary Department of Professional and Occupational Regulation Tallahassee Attorney General of Florida — Opinion July 26, 1977 Advertising, out-of-state funeral establishments Robert L. Shevin, Attorney General Prepared by: Thomas M. Beason Assistant Attorney General QUESTION: Is advertising by out-of-state funeral establishments in the yellow page sections of local telephone directories indicating that […]

Mr. Joseph D. Farrington Attorney General of Florida — Opinion October 29, 1982 Authority of fire control district to borrow money Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. Joseph D. Farrington Secretary Mat’lacha-Pine Island Fire Control District Route 1, Box 353 Bokeelia, Florida 33922 Dear Mr. Farrington: This is in […]

Mr. C. Mitchell Goldman Indian River County Hospital District Attorney General of Florida — Opinion October 18, 2002 RE: HOSPITAL DISTRICTS — SOVEREIGN IMMUNITY — LEASES — sovereign immunity of private entity leasing hospital, but not acting on behalf of hospital district. ss. 155.40 and 768.28, Fla. Stat. Sovereign immunity, private entity leasing hospital Robert […]

Mr. Michael S. Mullin Attorney General of Florida — Opinion July 23, 1990 RE: TAXATION — COUNTIES — TOURIST DEVELOPMENT TAX — local option tourist development act authority of county to fund certain projects with tourist development tax Tourist development tax, beach facilities Robert A. Butterworth Attorney General Mr. Michael S. Mullin County Attorney Nassau […]

Mr. Charles P. Vitunac County Attorney Attorney General of Florida — Opinion January 23, 1992 Excise tax on documents Robert A. Butterworth Attorney General Mr. Charles P. Vitunac County Attorney Indian River County QUESTION: May a county pay the excise tax on documents as required by Ch. 201, F.S., when it acquires by donation, purchase, […]

Mr. Clayton J.M. Adkinson Attorney General of Florida — Opinion June 13, 1997 RE: MUNICIPALITIES — PUBLIC FUNDS — PUBLIC PROPERTY — LEASES — lease of part of city airport for construction of hanger for private use. Art. VII, s. 10, Fla. Const. Lease of hanger at city airport Robert A. Butterworth Attorney General Mr. […]

Robert A. Andreu, City Attorney, St. Augustine Attorney General of Florida — Opinion July 15, 1975 RE: TAXATION MUNICIPALITY MAY NOT IMPOSE OCCUPATIONAL LICENSE TAX ON PERSON NOT MAINTAINING PERMANENT OR BRANCH OFFICE IN MUNICIPALITY Occupational license and taxation Robert L. Shevin, Attorney General Prepared by: Joseph C. Mellichamp III, Assistant Attorney General QUESTION: May […]

Abbott M. Herring, State Attorney, Titusville Attorney General of Florida — Opinion October 14, 1974 RE: ELECTIONS SECTION 104.071, F.S., APPLICABLE TO ALL ELECTIONS Elections and F.S. 104.071 Robert L. Shevin, Attorney General Prepared by: Bjarne B. Andersen, Jr., Assistant Attorney General QUESTIONS: 1. Does the phrase “to aid or promote his nomination in any […]

Mr. James W. York Attorney General of Florida — Opinion October 11, 1982 Use of funds to buy computer configurations Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. James W. York Executive Director Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32301 Dear Mr. York: This is […]

Mr. Reese Marshall Attorney General of Florida — Opinion October 25, 1983 EEOC and Human Relations Commission; work share Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistant Attorney General Mr. Reese Marshall Commission Chairperson Florida Commission on Human Relations 2562 Executive Center Circle, East Suite 100, Montgomery Building Tallahassee, Florida 32301-5084 Dear Mr. Marshall: […]

The Honorable Daniel T. K. Hurley Attorney General of Florida — Opinion October 4, 1990 RE: CRIMINAL LAW — CRIMINAL PROCEDURE — BAIL — BOND — JUDGES — judge may release defendant on own recognizance and place defendant in custody of supervising private organization. Ch. 907, F.S. Judge may release defendant ROR Robert A. Butterworth […]

William J. Page, Jr., Secretary, Department of Health and Rehabilitative Services, Tallahassee Attorney General of Florida — Opinion November 19, 1975 RE: PUBLIC BUSINESS LEASE OF SPACE IN PRIVATELY OWNED BUILDINGS — PROCEDURE Lease of space in privately owned buildings Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: Is […]

Mr. Tilford C. Creel Attorney General of Florida — Opinion February 17, 1993 RE: SPECIAL DISTRICTS — EXTRA COMPENSATION — WATER MANAGEMENT DISTRICTS — LUMP SUM PAYMENTS — authority of water management district to pay lump sum payments to employees. ss. 215.425 and 373.079, F.S. Water Management Districts/Lump Sum Payments Robert A. Butterworth Attorney General […]

Ervin A. Higgs. Attorney General of Florida — Opinion. April 19, 2006 RE: TAXATION — EXEMPTIONS — VETERANS — PROPERTY APPRAISERS — WIDOWS — surviving spouse of disabled veteran who is also a disabled veteran entitled to claim exemption for herself and as surviving spouse. s. 196.24, Fla. Stat. Tax exemption, disabled veterans/surviving spouses The […]

William H. Ravenell Attorney General of Florida — Opinion June 8, 1978 Standard building code Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General Dennis J. Wall Legal Research Assistant William H. Ravenell Secretary Department of Community Affairs Tallahassee QUESTION: Does the reference to the Standard Building Code, 1976 edition, include […]

Mr. Howard Scharps Attorney General of Florida — Opinion April 15, 1994 RE: PUBLIC MEETINGS — GOVERNMENT IN THE SUNSHINE — MUNICIPALITIES — COUNTIES — CIVIL PROCEDURE — voluntary dismissal by plaintiff in order to gain access to record of strategy or settlement meeting between public entity and its attorney subverts purpose of s. 286.011(8), […]

Mr. Jim Zingale Attorney General of Florida — Opinion October 18, 2001 RE: TAXATION — TAX RETURNS — PUBLIC RECORDS — VALUE ADJUSTMENT BOARDS — DEPARTMENT OF REVENUE-COUNTIES — confidentiality of taxpayer records when involved in dispute before value adjustment board. ss. 193.074, 195.027, 195.084, 195.096, Fla. Stat. Value adjustment board, taxpayer records Robert A. […]

Thomas R. Brown Attorney General of Florida — Opinion July 27, 1979 Authority to exempt contractor; performance bond Percy W. Mallison, Jr. Assistant Attorney General Thomas R. Brown Executive Director Department of General Services Tallahassee QUESTIONS: 1. Does the Executive Director of the Department of General Services, by exercising his authority to exempt a contractor […]

Ray E. Howard, Chairman, Florida Parole and Probation Commission, Tallahassee Attorney General of Florida — Opinion June 29, 1976 RE: PAROLE AND PROBATION COMMISSION SELECTION OF COMMISSION MEMBER TO SERVE AS VICE-CHAIRMAN OF COMMISSION Selection of commission vice-chair Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General QUESTION: May the members […]

Charles J. Scriven Attorney General of Florida — Opinion March 29, 1978 Contribution to gain-time allowances Robert L. Shevin, Attorney General Prepared by: Staff Charles J. Scriven Chairman Florida Parole and Probation Commission Louie L. Wainwright Secretary Department of Offender Rehabilitation Tallahassee QUESTION: Do chs. 77-321 and 77-428, Laws of Florida, amending s. 945.30, F. […]

The Honorable Lawrence W. Crow, Jr. Attorney General of Florida — Opinion September 10, 1997 RE: GAMBLING — BINGO — ALCOHOLIC BEVERAGES — NONPROFIT ORGANIZATIONS — regulation of nonprofit organizations licensed to serve alcoholic beverages which sponsor bingo games. s. 849.0931, Fla. Stat. Bingo, sponsored by organization with liquor license Robert A. Butterworth Attorney General […]

Art Clark Attorney General of Florida — Opinion December 29, 1978 Sunshine law, private mental health facility Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General Art Clark President West Coast Mental Health Board, Inc. Sarasota QUESTION: Does the receipt of public funds by private nonprofit corporations under contract with a […]

Chief Steven O. Walters Attorney General of Florida — Opinion September 27, 1989 Interrogation of law enforcement officer Robert A. Butterworth Attorney General Chief Steven O. Walters Melbourne Beach Police Department 507 Ocean Avenue Melbourne Beach, Florida 32951 Dear Chief Walters: You have asked substantially the following question: Does s. 112.532, F.S., preclude commencement of […]

Ms. Linda S. Calvert Hanson Attorney General of Florida — Opinion June 8, 1999 RE: WATER CONTROL DISTRICT — COUNTIES — ROADS — TRAFFIC CONTROL — authority of water control district to install enforceable traffic control devices; exclusive jurisdiction of district over drainage and roads. Ch. 98-529, Laws of Fla.; Ch. 298, Fla. Stat. Water […]

Mr. E. Guy Revell, Jr. Attorney General of Florida — Opinion July 24, 1990 RE: CRIMINAL LAW — PAROLE GAIN TIME — status of parolees and inmates following holding in Waldrug v. Dugger regarding retroactive gain time Gain time, status of parolees Robert A. Butterworth Attorney General Mr. E. Guy Revell, Jr. Commissioner Chairman Florida […]

Chester F. Blakemore Attorney General of Florida — Opinion November 18, 1980 Sales price on certificate; automobile Jim Smith, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General Chester F. Blakemore Executive Director, Department of Highway Safety and Motor Vehicles Tallahassee QUESTION: Does s. 8, ch. 79-359, Laws of Florida, requiring the sales price […]

Oliver Lawton, Clerk, Circuit Court, St. Augustine Attorney General of Florida — Opinion April 8, 1976 RE: COUNTIES EXPENSES OF COUNTY COURT JUDGE PAYABLE BY COUNTIES Expenses of county court judge Robert L. Shevin, Attorney General Prepared by: Martin S. Friedman, Assistant Attorney General QUESTION: Is the office of county court judge completely funded by […]

Nevin G. Smith Attorney General of Florida — Opinion September 28, 1979 Retirement contributions, public defenders Carol Z. Bellamy Assistant Attorney General Nevin G. Smith Secretary Department of Administration Tallahassee QUESTIONS: 1. Is the employer of a public defender required to contribute 16.78 percent or 20.78 percent of the member’s gross compensation as the contribution […]

Mr. Gordon B. Linn Attorney General of Florida — Opinion December 4, 1997 RE: TAXATION — PUBLIC SERVICE UTILITIES TAX — MUNICIPALITIES — authority of city to require private business to collect past-due utility tax. ss. 166.231, 366.11 and 366.13, Fla. Stat. Taxation, collection of past-due municipal utility tax Robert A. Butterworth Attorney General Mr. […]