Category: Florida Attorney General Opinions

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 […]

The Honorable Mary E. Lupo Attorney General of Florida — Opinion March 21, 1984 Judge carrying a concealed weapon Jim Smith Attorney General The Honorable Mary E. Lupo County Court Judge Fifteenth Judicial Circuit County Courthouse West Palm Beach, Florida 33401 Dear Judge Lupo: This is in response to your request for an opinion on […]

Mr. Frank C. Oberhausen, Jr. Attorney General of Florida — Opinion September 1, 1982 Oath against communism Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistant Attorney General Mr. Frank C. Oberhausen, Jr. City Attorney City of Sebring 241 South Commerce Sebring, Florida 33870 Dear Mr. Oberhausen: This is in response to your request for […]

Mr. Guy M. Tunnell Attorney General of Florida — Opinion January 6, 1986 Authority of police officer to execute court order Jim Smith Attorney General Mr. Guy M. Tunnell Chief of Police City of Lynn Haven Lynn Haven, Florida 32444 Dear Chief Tunnell: This is in response to your request in your capacity as Police […]

J. H. “Jim” Williams, Secretary, Department of Administration, Tallahassee Attorney General of Florida — Opinion May 27, 1976 RE: STATE RETIREMENT COMMISSION CONDUCT OF HEARINGS; ELECTION OF OFFICERS State retirement commission Robert L. Shevin, Attorney General Prepared by: Pat Dunn, Assistant Attorney General QUESTIONS: 1. Does the State Retirement Commission have the authority to appoint […]

Ms. Jerri A. Blair Attorney General of Florida — Opinion January 11, 1996 Salary obligation of Florida National Guard employer Robert A. Butterworth Attorney General Ms. Jerri A. Blair Wildwood City Attorney Post Office Box 130 Tavares, Florida 32778 Dear Ms. Blair: On behalf of the City of Wildwood you ask substantially the following question: […]

Mr. Roland Q. Roberts Attorney General of Florida — Opinion July 16, 1981 Public records; Citizen’s dispute settlement program Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Roland Q. Roberts Chairman, Board of County Commissioners Lee County QUESTIONS: 1. Are files of the Citizen’s Dispute Settlement Program of Lee County […]

F. W. Culbertson, R. S., M.Ed., Chairman, Sanitarians’ Registration Board, Jacksonville Attorney General of Florida — Opinion August 30, 1974 RE: PUBLIC RECORDS LAW SANITARIANS’ REGISTRATION BOARD EXAMINATION RECORDS OPEN TO PUBLIC Sanitarians’ registration board examination Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General QUESTIONS: 1. Is the Sanitarians’ Registration […]

Ms. Delsa R. Bush. Attorney General of Florida — Opinion May 9, 2008. Ms. Delsa R. Bush City of West Palm Beach Police Chief 600 Banyan Boulevard West Palm Beach, Florida 33401 Bill McCollum, Attorney General Dear Chief Bush: You ask substantially the following question: Are patrol trip sheets and the information contained therein exempt […]

Louie L. Wainwright Attorney General of Florida — Opinion July 18, 1978 Inmates, gain time formula Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General Louie L. Wainwright Secretary Department of Offender Rehabilitation Tallahassee QUESTIONS: 1. Does s. 944.275, F. S. (1978 Supp.), affect all inmates incarcerated by the Department of […]

A. L. Johnson Santa Rosa County Attorney Milton Attorney General of Florida — Opinion June 17, 1977 Public funds and facilities for chaplain Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason Assistant Attorney General QUESTIONS: 1. Are any of the following practices prohibited by either the Establishment Clause of the First Amendment to […]

Mr. Fred Taylor Attorney General of Florida — Opinion January 8, 1996 Federal task force, enforcement of state or local laws Robert A. Butterworth Attorney General Mr. Fred Taylor Chairman Blue Lightning Strike Force 3101 Commerce Parkway Miramar, Florida 33025 Dear Mr. Taylor: You ask substantially the following questions: 1. Does a municipal police officer, […]

Mr. Grant Williams Alley. Attorney General of Florida — Opinion May 5, 2008 RE: MUNICIPALITIES — COMMUNITY REDEVELOPMENT — PROPERTY — notice requirements for lease of property located within community redevelopment area. ss. 163.370 and 163.380, Fla. Stat. Mr. Grant Williams Alley City Attorney for the City of Fort Myers Post Office Drawer 2217 Fort […]

O. J. Keller, Secretary, Department of Health and Rehabilitative Services, Tallahassee Attorney General of Florida — Opinion May 10, 1974 RE: WELFARE CIVIL ACTION TO RECOVER FRAUDULENTLY OBTAINED WELFARE BENEFITS DOES NOT INTERFERE WITH CRIMINAL PROSECUTION Civil and criminal action to recover welfare benefits Robert L. Shevin, Attorney General Prepared by: Robert Woolfork, Assistant Attorney […]

Mr. G. Russell Petersen Attorney General of Florida — Opinion September 17, 1999 RE: GOVERNMENT IN THE SUNSHINE LAW — SCHOOLS — discussions between school board member and advisory redistricting committee member; notice. s. 286.011, Fla. Stat. Sunshine Law, advisory redistricting committee Robert A. Butterworth Attorney General Mr. G. Russell Petersen General Counsel Indian River […]

Ms. Josefina M. Tamayo Attorney General of Florida — Opinion December 27, 2000 RE: COMMUNITY ALLIANCES — DUAL OFFICEHOLDING — CHILDREN AND FAMILIES, DEPARTMENT OF — members of community alliance as public officers subject to dual officeholding prohibition. s. 20.19(6), Fla. Stat. Dual officeholding, community alliance members Robert A. Butterworth Attorney General Ms. Josefina M. […]

Mr. Alan Francis Ruf Attorney General of Florida — Opinion October 31, 1983 Public records; children’s residence Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistant Attorney General Mr. Alan Francis Ruf City Attorney City of Cooper City 2801 East Oakland Park Boulevard Suite 417 Fort Lauderdale, Florida 33306 Dear Mr. Ruf: This is in […]

Fred O. Dickinson, III Attorney General of Florida — Opinion September 3, 1992 Van/”school bus”/Commercial Vehicle Robert A. Butterworth Attorney General Fred O. Dickinson, III Executive Director Department of Highway Safety and Motor Vehicles QUESTION: Is a van designed to transport more than ten persons, including the driver, which is used by the state university […]

Oliver J. Keller, Secretary, Department of Health and Rehabilitative Services, Tallahassee Attorney General of Florida — Opinion June 13, 1974 RE: DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES VIDEOTAPING OF PERSONS COMMITTED UNDER CHS. 801 AND 917, F.S. Videotaping of persons committed under F.S. 801 and 917 Robert L. Shevin, Attorney General Prepared by: Robert Woolfork, […]

Mr. Richard G. Coker, Jr. Attorney General of Florida — Opinion January 18, 1983 Seizure of motor vehicle pursuant to F.S. 932.701 Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Richard G. Coker, Jr. City Attorney City of Hacienda Village 420 Southeast 12th Street (Davie Boulevard) Fort Lauderdale, Florida 33316 […]

Ms. Lucia A. Dougherty City Attorney Attorney General of Florida — Opinion June 19, 1986 Consultants’ Competitive Negotiation Act Jim Smith Attorney General Ms. Lucia A. Dougherty City Attorney City of Miami 169 E. Flagler Street Miami, Florida 33131 Dear Ms. Dougherty: This is in response to your request for an opinion on substantially the […]

Eugene C. Mooney, Representative, 33rd District, Tallahassee Attorney General of Florida — Opinion April 18, 1974 RE: LEGAL ADVERTISEMENTS — QUALIFICATIONS OF NEWSPAPER Qualifications of newspaper for legal advertising Robert L. Shevin, Attorney General Prepared by: David LaCroix, Assistant Attorney General QUESTION: Is a newspaper (the Sentinel Star) which has its home offices in Orange […]

Ms. Pamela K. Akin Attorney General of Florida — Opinion August 21, 2001 RE: LAW ENFORCEMENT OFFICERS’ BILL OF RIGHTS-INTERROGATION-LAW ENFORCEMENT OFFICERS-LAW ENFORCEMENT AGENCIES-whether law enforcement agencies can substitute written interrogatories for in-person interrogation of law enforcement officer. s. 112.532, Fla. Stat. Law Enforcement Officers’ Bill of Rights Robert A. Butterworth Attorney General Ms. Pamela […]

Ms. Toni L. Craig. Attorney General of Florida — Opinion July 29, 2009 RE: SPECIAL DISTRICTS — FIRE DISTRICTS — INDEPENDENT SPECIAL DISTRICTS — IMPACT FEES — authority of independent special fire district to levy impact fees. ss. 163.31801, 191.006, and 191.009, Fla. Stat.; Ch. 191, Fla. Stat. Ms. Toni L. Craig Attorney, North Okaloosa […]

Sanders N. Smith, Mayor-Commissioner, Indian Rocks Beach Attorney General of Florida — Opinion December 2, 1974 RE: MUNICIPALITIES REGULATION OF LIQUOR VENDORS’ HOURS Regulation of liquor vendors’ hours Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTIONS: 1. May the City of Indian Rocks Beach regulate the hours of business […]

Mr. Lonnie N. Groot Palm Coast City Attorney Attorney General of Florida — Opinion June 25, 2003 RE: MUNICIPALITIES — PENSIONS — FIREFIGHTERS — DUAL OFFICE-HOLDING — nature of municipal firefighter pension board as office or employment. Art. II, s. 5(a), Fla. Const., Chap. 175, Fla. Stat. Dual Office-Holding, city firefighter pension board Charlie Crist […]

Ms. Gina Salinsky Attorney General of Florida — Opinion May 5, 1999 RE: MUNICIPAL OFFICERS — POLICE PENSION BOARDS — MUNICIPALITIES — TERMS OF OFFICE — VACANCIES — holding over by police pension board member after expiration of term. Art. II, s. 5(b), Fla. Const. Police pension board member, holding over Robert A. Butterworth Attorney […]

Jane C. Carroll, Broward County Supervisor of Elections, Ft. Lauderdale Attorney General of Florida — Opinion January 29, 1975 RE: PUBLIC RECORDS LIST OF PERSONS REQUESTING ABSENTEE BALLOTS IS PUBLIC RECORD Public records and absentee ballot requests Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General QUESTION: Is a list of […]

William Preston. Attorney General of Florida — Opinion. January 25, 2006 RE: RECORDS — LAW ENFORCEMENT — UTILITIES — MUNICIPALITY — access to utilities commission records which have been provided to law enforcement agency during active criminal investigation. s. 119.071(2)(c)2., Fla. Stat. Records, utilities records provided to FDLE Mr. William Preston Attorney, New Smyrna Beach […]

Mr. Alan C. Jensen Attorney General of Florida — Opinion June 28, 2001 RE: ALCOHOLIC BEVERAGES — MUNICIPALITIES — regulation of alcoholic beverages preempted to state; municipality may not revoke occupational license for licensee’s selling alcoholic beverages to underage persons. ss. 205.043, 205.053, 205.0532, 561.705-706, 562.11 and 562.45, Fla. Stat. Alcoholic beverages, revocation of occupational […]

William A. Wilkes, Clay County Attorney, Green Cove Springs Attorney General of Florida — Opinion February 5, 1975 RE: COUNTIES ESTABLISHMENT OF SPECIAL DISTRICTS Establishment of special districts Robert L. Shevin, Attorney General Prepared by: Winifred L. Wentworth, Assistant Attorney General QUESTIONS: 1. May a special fire district be set up within a noncharter county […]

Mr. William G. O’Neill Williston City Attorney Attorney General of Florida — Opinion September 28, 1995 RE: MUNICIPALITIES — PUBLIC OFFICERS AND EMPLOYEES — RETIREMENT — city council member who is council president at time of retirement is entitled to benefits based on salary as president, rather than council member. s. 112.048, Fla. Stat. Public […]

J. Ed Straughn, Executive Director, Department of Revenue, Tallahassee Attorney General of Florida — Opinion October 31, 1974 RE: TAXATION DADE 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 Metropolitan Dade County, pursuant to […]

Ms. Beverly A. Morris. Attorney General of Florida — Opinion. December 12, 2006 RE: SCHOOL BOARDS-BIDDING-CONFLICT OF INTEREST-school boardmember’s company bidding on school board contracts. s. 1001.42, Fla.Stat. Ms. Beverly A. Morris General Counsel Marion County School Board 808 Southeast Fort King Street Ocala, Florida 34471 Charlie Crist, Attorney General Dear Ms. Morris: You ask […]

Mr. Terry McDavid School Board Attorney Attorney General of Florida — Opinion March 26, 1985 Bid by school board member on construction project Jim Smith Attorney General Mr. Terry McDavid School Board Attorney Columbia County School Board 200 North Marion Street Post Office Box 1328 Lake City, Florida 32056-1328 Dear Mr. McDavid: This is in […]

Thomas R. Patterson Attorney General of Florida — Opinion December 14, 1979 Nonpartisan elections by special act Joslyn Wilson Assistant Attorney General Thomas R. Patterson Representative 2nd District Pensacola QUESTION: May a special act be passed providing for the nonpartisan election of county officers or county commissioners? SUMMARY: While the Legislature has the power to […]

Mr. Marcus J. Ezelle Attorney General of Florida — Opinion June 24, 1997 RE: MUNICIPALITIES — LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS ACT — CODE ENFORCEMENT — ORDINANCES — authority of city council to serve simultaneously as code enforcement board. Ch. 162, Fla. Stat. City council serving as code enforcement board Robert A. Butterworth Attorney General […]

Ms. Lee O’Brien Attorney General of Florida — Opinion September 30, 1999 RE: MUTUAL AID AGREEMENTS — MUNICIPALITIES — authority of city’s chief administrative officer to enter into mutual aid agreement. s. 23.1225, Fla. Stat. Mutual aid agreement to address Y2K problems Robert A. Butterworth Attorney General Ms. Lee O’Brien Police Legal Advisor Orlando Police […]

Bill Gunter Attorney General of Florida — Opinion December 4, 1980 Fire protection system contractors Jim Smith, Attorney General Prepared by: William D. Hall, Jr., Assistant Attorney General Bill Gunter Insurance Commissioner and Treasurer Tallahassee QUESTIONS: 1. May fire protection system contractors holding valid certificates of competency install fire protection systems that do not meet […]

The Honorable Donald L. Graham Attorney General of Florida — Opinion April 9, 1993 RE: JUDGES — FEDERAL GOVERNMENT — WEAPONS: authority of federal district court judge to carry concealed weapon. ss. 790.06, 790.061, F.S. Federal district court judge/carry concealed weapon Robert A. Butterworth Attorney General The Honorable Donald L. Graham United States District Judge […]

Mr. Thomas R. Santurri Attorney General of Florida — Opinion December 15, 1983 Commissioner voting by telephone Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Thomas R. Santurri County Attorney Escambia County Legal Department 28 West Government Street Pensacola, Florida 32501 Dear Mr. Santurri: This is in response to your request […]

Beth A. Sullivan Assistant County Attorney Attorney General of Florida — Opinion September 17, 1992 Budget for travel Robert A. Butterworth Attorney General Beth A. Sullivan Assistant County Attorney Charlotte County QUESTION: 1. Is the Board of County Commissioners of Charlotte County authorized to adopt a budget for travel by the commissioners for official business […]

The Honorable Don Hunter Attorney General of Florida — Opinion May 18, 1999 RE: SHERIFFS — CORRECTIONAL OFFICERS — WEAPONS — authority of county correctional officers to carry firearms on or off duty, concealed or openly, in state. ss. 790.01, 790.052, 790.053, and 790.25, Fla. Stat. Correctional Officers, authority to carry firearms Robert A. Butterworth […]

Ms. Melissa Volker Assistant City Attorney Attorney General of Florida — Opinion September 15, 1989 Setting rates for costs associated with towing Robert A. Butterworth Attorney General Ms. Melissa Volker Assistant City Attorney City of Hialeah Post Office Box 11-0040 Hialeah, Florida 33011-0040 Dear Ms. Volker: You ask on behalf of the Hialeah City Council […]

Ms. Alison Rogers. Attorney General of Florida — Opinion June 15, 2009 RE: COUNTIES — INFRASTRUCTURE SURTAX-TAXATION-use of infrastructure surtax monies to fund capital improvements to private property. s. 212.055(2), Fla. Stat. Ms. Alison Rogers Escambia County Attorney 221 Palafox Place, Suite 430 Pensacola, Florida 32502 Bill McCollum, Attorney General Dear Ms. Rogers: On behalf […]

Ms. Audrey Vickers, Chairman Highlands County Attorney General of Florida — Opinion March 25, 1994 RE: COUNTIES — LEGAL ADVERTISEMENTS — NOTICE — NOTICE BY PUBLICATION — requirements for newspapers in which publication of legal notice appears. ss. 50.011 and 50.031, Fla. Stat. (1993). Newspaper be entered as second-class mail matter Robert A. Butterworth Attorney […]

Mr. Robert D. VanHorne Assistant County Attorney Attorney General of Florida — Opinion September 8, 1993 RE: PUBLIC RECORDS — EMERGENCY SERVICES — 911 SERVICE — TAPE RECORDINGS: public nature of audio tapes of “911” calls received by county emergency services. ss. 119.07(3), 365.171(15) F.S. Public nature of audio tapes of “911” calls Robert A. […]

Russell E. Sykes, Senator, 26th District, West Palm Beach Attorney General of Florida — Opinion January 17, 1974 RE: TAXATION — VALIDITY OF CERTAIN MUNICIPAL LICENSE AND REGISTRATION FEES Municipal license and registration fees Robert L. Shevin, Attorney General Prepared by: James D. Whisenand, Assistant Attorney General QUESTION: Is Ordinance No. 278, s. 13-13, of […]

The Honorable Ann Robinson Attorney General of Florida — Opinion September 6, 1989 Names of voters furnished to clerk for jury purposes Robert A. Butterworth Attorney General The Honorable Ann Robinson Supervisor of Elections Indian River County 1840 25th Street, Suite N-109 Vero Beach, Florida 32960-3394 Dear Ms. Robinson: As Supervisor of Elections for Indian […]

Mr. Edward Paul Kreiling Attorney Attorney General of Florida — Opinion May 3, 2002 RE: COUNTIES MUNICIPALITIES CHARTERS TRANSFER OF POWERS adoption of charter provision regulating fire and rescue services. Art. VIII, ss. 1(g) and 4, Fla. Const. Charter amendment regulating fire rescue services Robert A. Butterworth Attorney General Mr. Edward Paul Kreiling Attorney for […]

The Honorable Guy M. Tunnell Attorney General of Florida — Opinion February 28, 2001 SCOOTERS — BICYCLES — VEHICLE SAFETY — scooter operator not required to wear safety helmet. ss. 316.003(2) and 316. 2065, Fla. Stat. Scooter operator not required to wear helmet Robert A. Butterworth Attorney General The Honorable Guy M. Tunnell Sheriff, Bay […]

Mr. Wesley R. Poole City Attorney Attorney General of Florida — Opinion May 13, 1986 Municipal ordinance regulating traffic, 316 F.S. Jim Smith Attorney General Mr. Wesley R. Poole City Attorney City of Fernandina Beach Post Office Box P Fernandina Beach, Florida 32034 Dear Mr. Poole: This is in response to your request for an […]

Mr. T.M. Barlow City Attorney Attorney General of Florida — Opinion January 23, 1985 Police recording incoming calls Jim Smith Attorney General Mr. T.M. Barlow City Attorney City of Indian Harbour Beach 65 E. Nasa Boulevard Post Office Box 459 Melbourne, Florida 32902-0459 Dear Mr. Barlow: This is in response to your request for my […]

Jack D. Kane, Executive Director, Department of General Services, Tallahassee Attorney General of Florida — Opinion August 31, 1976 RE: STATE FAIR AUTHORITY NOT GOVERNED BY STATE PURCHASING LAW — INELIGIBLE TO PARTICIPATE IN INSURANCE RISK MANAGEMENT TRUST FUND Insurance risk management trust fund Robert L. Shevin, Attorney General Prepared by: Carol L. Reilly, Assistant […]

Stephen L. Rosen Chairman, Attorney General of Florida — Opinion August 17, 1992 Statewide JNC for Judges of Comp. Claims Robert A. Butterworth Attorney General Stephen L. Rosen Chairman, Statewide Judicial Nominating Committee for Judges of Compensation Claims QUESTION: May the Statewide Judicial Nominating Committee for Judges of Compensation Claims fill a vacancy on the […]

Ms. Elizabeth M. Hernandez. Attorney General of Florida — Opinion August 25, 2010. RE: MUNICIPALITIES — QUORUMS — PUBLIC MEETINGS — authority of city to alter quorum requirements for city’s retirement board. s. 166.041, Fla. Stat. Ms. Elizabeth M. Hernandez City Attorney The City of Coral Gables City Hall, 405 Biltmore Way Coral Gables, Florida […]

Bruce A. Smathers, Secretary of State, Tallahassee Attorney General of Florida — Opinion June 28, 1976 RE: ELECTIONS CALCULATION OF QUALIFYING FEES FOR CANDIDATES FOR COUNTY OFFICE Calculation of qualifying fees for candidates Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTIONS: 1. Are the guidelines in AGO 074-177 for […]

Mr. James P. Beadle Attorney General of Florida — Opinion August 15, 2000 RE: WATER CONTROL DISTRICTS — MELBOURNE-TILLMAN WATER CONTROL DISTRICT — CONSERVATION — RECREATION — use of district land for passive recreational purposes; district’s submission to Ch. 298, Fla. Stat. ss. 260.012, 260.015, 298.01, 298.11 and 298.225, Fla. Stat. Water Control District, use […]

J. T. Landress Attorney General of Florida — Opinion December 27, 1978 Tax collectors, commissions, special districts Robert L. Shevin, Attorney General Prepared by: Cecil L. Davis, Jr., Assistant Attorney General J. T. Landress Highlands County Tax Collector Sebring QUESTIONS: 1. Is the Highlands County Tax Collector entitled to a commission pursuant to s. 192.091(2)(c), […]

Ms. Beverly A. Morris. Attorney General of Florida — Opinion March 13, 2009 RE: SCHOOL DISTRICTS — EDUCATION — PERSONNEL — PAYROLL RECORDS — PUBLIC RECORDS — TAXATION — whether tax information of public school system employee is payroll deduction record and confidential and exempt from Public Records Law. s. 1012.31, Fla. Stat.; Ch. 119, […]

Mr. John W. Bowen Attorney Attorney General of Florida — Opinion May 17, 1996 RE: SCHOOL BOARDS — GOVERNMENT IN THE SUNSHINE LAW — PUBLIC RECORDS — written memorandum sent by individual school board member to other members. s. 286.011, Fla. Stat. (1995). Sunshine Law, board member sending memo to members Robert A. Butterworth Attorney […]

Donald J. Seps, City Attorney, Ormond Beach Attorney General of Florida — Opinion May 19, 1975 RE: RETIREMENT OPTIONAL RETIREMENT SYSTEMS FOR CERTAIN ELECTED CITY OFFICIALS Optional retirement system for city officials Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: May an elected city official who will complete 20 […]

Mr. Edward G. Guedes Miramar City Attorney Attorney General of Florida — Opinion December 5, 1995 RE: RECORDS — EMERGENCY SERVICES — MUNICIPALITIES — records of emergency calls to city fire-rescue department containing medical examination or treatment information confidential may be released to city personnel responsible for advising or defending city regarding the provision of […]

Ms. Mayanne Downs Attorney General of Florida — Opinion January 14, 2009 RE: MUNICIPALITIES-PUBLIC OFFICERS AND EMPLOYEES-LEAVE-payment of accrued annual and sick leave as wages; payment of leave to beneficiaries upon employee’s death. s. 222.15, Fla. Stat. Ms. Mayanne Downs Orlando City Attorney 400 South Orange Avenue Orlando, Florida 32801 Bill McCollum, Attorney General Dear […]

Ms. Toby A. Turbyfill City Attorney Attorney General of Florida — Opinion December 16, 1985 Status of labor negotiating committee Jim Smith Attorney General Ms. Toby A. Turbyfill City Attorney City of Lauderdale Lakes 420 Southeast 12th Street (Davie Boulevard) Fort Lauderdale, Florida 33316 Dear Ms. Turbyfill: This is in response to your request for […]

Mr. Bruce A. Harris Attorney General of Florida — Opinion October 30, 2001 RE: SCHOOL BOARDS-SURPLUS PROPERTY-TANGIBLE PERSONAL PROPERTY-SCHOOL BUSES-MUNICIPALITIES-donation of surplus tangible personal property of school district to municipality. ss. 235.05(2), 274.05, 274.06, Fla. Stat. Schools, surplus tangible personal property Robert A. Butterworth Attorney General Mr. Bruce A. Harris Interim Chief Counsel Palm Beach […]

Charles E. Miner, General Counsel, Board of Education, Tallahassee Attorney General of Florida — Opinion November 14, 1974 RE: PUBLIC FUNDS MAY NOT BE USED TO PAY MEMBERSHIP DUES IN A NONPUBLIC ASSOCIATION WHOSE RECORDS ARE NOT OPEN TO THE PUBLIC Public funds and membership dues Robert L. Shevin, Attorney General Prepared by: Sharyn L. […]

Glenn J. Bailey Attorney General of Florida — Opinion March 30, 1978 Authority to purchase gym equipment, law enforcement Robert L. Shevin, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Glenn J. Bailey Columbia County Sheriff Lake City QUESTION: May the sheriff’s department purchase, by law (s. 943.25[5], F. S.), gym equipment, so that […]

Mr. Clifford B. Shepard Attorney General of Florida — Opinion February 28, 2008 RE: DUAL OFFICE-HOLDING-PUBLIC OFFICERS-MUNICIPALITIES-time when officer must resign from first office in order to avoid violation of constitutional dual office-holding prohibition. Art. II, s. 5(a), Fla. Const. Mr. Clifford B. Shepard Maitland City Attorney Post Office Box 945050 Maitland, Florida 32794-5050 BILL […]

The Honorable Ralph L. Johnson Sheriff Attorney General of Florida — Opinion August 6, 2004 RE: SHERIFF — LAW ENFORCEMENT — WEAPONS — UNCLAIMED PROPERTY — disposal of weapon after the six month period for claiming the weapon has passed and ownership of weapon forfeited to the state. s. 790.08, Fla. Stat. Sheriffs, disposal of […]

Mr. James L. Livingston Attorney Attorney General of Florida — Opinion July 8, 1985 Taxation by hospital district board Jim Smith Attorney General Mr. James L. Livingston Attorney for the Highlands County Hospital District 445 S. Commerce Avenue Post Office Box 1068 Sebring, Florida 33870 Dear Mr. Livingston: This is in response to your request […]

James H. Siesky Attorney General of Florida — Opinion August 19, 1980 Salary payments to employees; timing Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General James H. Siesky Attorney for Collier County District School Board Naples QUESTION: May the Collier County District School Board make salary payments to its employees prior to […]

Ms. Beverly A. Morris. Attorney General of Florida — Opinion. August 30, 2006 RE: TAXATION — SCHOOL BOARDS — SCHOOL CAPITAL OUTLAY SURTAX — use of surtax revenues for school construction. s. 212.055(6), Fla. Stat. Ms. Beverly A. Morris Marion County School Board Attorney 808 S.E. Fort King Street Ocala, Florida 34471 Charlie Crist, Attorney […]

Mr. Dennis J. Alfonso Counsel to the Clerk of Court Attorney General of Florida — Opinion December 15, 2003 RE: PUBLIC RECORDS — SEXUAL CRIMES — VICTIMS — JUDICIAL RECORDS — identity of sexual crime victim confidential in court records. Ss. 92.56, 119.07(3)(f), 794.024 and 794.026, Fla. Stat. Identity of sexual crime victim in court […]

William G. O’Neill City Attorney Attorney General of Florida — Opinion July 21, 1992 Lease of hospital to private, for-profit corp. Robert A. Butterworth Attorney General William G. O’Neill City Attorney City of Williston QUESTION: 1. May the City of Williston lease its municipal hospital to a private, for-profit corporation or contract with such a […]

The Honorable Rod Smith Attorney General of Florida — Opinion October 24, 2001 Records, criminal investigations into terrorist acts Robert A. Butterworth Attorney General The Honorable Rod Smith Senator, District 5 220 Senate Office Building Tallahassee, Florida 32399-1100 Dear Senator Smith: You have expressed concern about the need for amendatory language to the Public Records […]

Mr. Carl E. Kern Flagler County Attorney Attorney General of Florida — Opinion September 3, 2002 RE: COMMUNITY REDEVELOPMENT AGENCIES UNICIPALITIES NOTICE — effect of municipality’s failure to provide statutory notice. s. 163.346, Fla. Stat. City’s failure to provide statutory notice Robert A. Butterworth Attorney General Mr. Carl E. Kern Flagler County Attorney 1200 East […]

H. Jerome Davis, Manatee County Supervisor of Elections, Bradenton Attorney General of Florida — Opinion August 12, 1976 RE: SUPERVISORS OF ELECTIONS PROCESSING LISTS OF NAMES FOR REGISTRATION OR PARTY AFFILIATION — WHO MAY SUBMIT LISTS Supervisor of elections / processing lists Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General […]

Kenneth H. MacKay, Senator, 6th District, Tallahassee Attorney General of Florida — Opinion May 29, 1975 RE: COUNTIES ABOLITION OF ELECTIVE OFFICE OF COUNTY ATTORNEY; SUBSEQUENT EMPLOYMENT OF ATTORNEY BY COUNTY COMMISSION Employing county attorney Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTIONS: 1. Does the repeal of Chs. […]

Dan I. Scarborough Senator 7th District Tallahassee Attorney General of Florida — Opinion June 17, 1977 Authority to pledge gas tax Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith Assistant Attorney General Joslyn Wilson Legal Research Assistant QUESTION: May the Legislature authorize the use of, or pledge, the first gas tax by joint […]

Reubin O’D. Askew, Governor, Tallahassee Attorney General of Florida — Opinion June 20, 1974 RE: JUDGES RESIGNATION EFFECTIVE AT LATER DATE — PROCEDURE FOR FILLING VACANCY Judge’s resignation and procedure for filling vacancy Robert L. Shevin, Attorney General Prepared by: Baya Harrison III, Deputy Attorney General, and David M. Hudson, Legal Intern QUESTIONS: 1. When […]

Mr. Curtis L. Shenkman Attorney General of Florida — Opinion October 20, 1986 control district, authority to grant long term lease Jim Smith Attorney General Mr. Curtis L. Shenkman Attorney Loxahatchee River Environmental Control District 11891 U.S. Highway One Post Office Drawer 14127 North Palm Beach, Florida 33408-2893 Dear Mr. Shenkman: This is in response […]

Mr. Edward A. Dion Broward County Attorney Attorney General of Florida — Opinion October 16, 2003 RE: TAXATION — CONSTITUTION — HOMESTEAD PROPERTY — county may not impose limit on homestead exemption not provided for by constitution and statute. Art. VII, s. 4(e), Fla. Const.; s. 193.703, Fla. Stat. Constitutional amendment, living quarters for parents. […]

The Honorable Janet Reno State Attorney Attorney General of Florida — Opinion June 1, 1988 Training tapes as public records Robert A. Butterworth Attorney General The Honorable Janet Reno State Attorney Metropolitan Dade County Justice Building 1351 Northwest 12th Street Miami, Florida 33125 Dear Ms. Reno: You have asked substantially the following questions: (1) Are […]

Mr. William E. Partridge Attorney General of Florida — Opinion February 12, 1999 RE: WORKERS COMPENSATION — INDEPENDENT SPECIAL FIRE CONTROL DISTRICTS — VOLUNTEER FIREFIGHTERS — SOVEREIGN IMMUNITY — applicability of workers’ compensation law to volunteer firefighters; sovereign immunity of independent special fire control district. Ch. 191; ss. 440.02 and 768.28, Fla. Stat. Fire Control […]

The Honorable Toni Jennings and The Honorable John E. Thrasher Attorney General of Florida — Opinion March 27, 2000 RE: COURTS — DAMAGES — Assessment of punitive damages prior to compensatory damages. Courts, assessment of punitive damages Robert A. Butterworth Attorney General The Honorable Toni Jennings President, The Florida Senate Room 418, Senate Office Building […]

Harry L. Coe, Jr. Executive Director Department of Revenue Tallahassee Harold Mullendore Clerk Circuit Court Clearwater Attorney General of Florida — Opinion September 21, 1977 Tax sales, proceeds distribution, surplus Robert L. Shevin, Attorney General Prepared by: Staff QUESTIONS: 1. In the event that a surplus from a tax deed sale exists after ad valorem […]

The Honorable William N. Rose Attorney General of Florida — Opinion February 3, 1981 Resurfacing Provision of F.S.335.04 Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General The Honorable William N. Rose Secretary, Department of Transportation QUESTION: Does the `resurfacing provision’ of s. 335.04, F.S., apply to those roads formerly on the state […]

The Honorable Janet Holley. Attorney General of Florida — Opinion. September 12, 2007 RE: TAXES — TAX COLLECTOR — COUNTIES — TAX CERTIFICATES — tax certificate held by private individual remains outstanding lien on property conveyed to county enforceable pursuant to Chapter 197, Fla. Stat. ss. 197.102, 197.122, 197.432, 197.502, and 270.18, Fla. Stat. The […]

Mr. David A. Hallman Attorney General of Florida — Opinion October 9, 2008. RE: VALUE ADJUSTMENT BOARDS — ATTORNEYS — TAXING AUTHORITIES — authority of attorney representing taxing authority outside county from representing county value adjustment board. s. 194.015, Fla. Stat., as amended by s. 4, Ch. 2008-197, Laws of Fla. Mr. David A. Hallman […]

Mr. Burt L. Saunders Collier County Attorney Attorney General of Florida — Opinion July 8, 1985 Guidelines for attending commission meetings Jim Smith Attorney General Mr. Burt L. Saunders Collier County Attorney Collier County Courthouse Building “F” Naples, Florida 33962-4976 Dear Mr. Saunders: This is in response to your request for an Attorney General Opinion […]

Mr. G.R. McClelland Largo City Attorney Attorney General of Florida — Opinion February 21, 1996 RE: MUNICIPALITIES — RETIREMENT — MUNICIPAL OFFICERS AND EMPLOYEES — city commissioner serving twenty years in elected office not eligible for retirement benefits under s. 112.048 when there is a break in service during that period of more than six […]

Heather W. Hawkins. Attorney General of Florida — Opinion. July 10, 2007 RE: SCHOOL BOARDS — CONSULTANTS’ COMPETITIVE NEGOTIATION ACT — EDUCATIONAL FACILITIES — CONTRACTING — CONSTRUCTION — requirements for school boards entering into construction contracts. ss. 287.055 and 1013.45, Fla. Stat. Ms. Heather W. Hawkins Attorney for the School Board The School District of […]

Barry Kutun Attorney General of Florida — Opinion December 12, 1978 Beverage law, distributors Robert L. Shevin, Attorney General Prepared by: Staff Barry Kutun Representative 99th District Miami Beach QUESTION: Does H.B. 2079 permit a manufacturer to appoint a distributor for a brand or label which another distributor now carries, thereby creating what is commonly […]

Mr. Michael Ramage. Attorney General of Florida — Opinion August 31, 2011 RE: Law Enforcement, Department — Public Records — Sexual Offenders — Florida Offender Alert System — applicability of newly enacted exemption to Florida Offender Alert System and to public records request made prior to exemption’s effective date. s. 119.071(5)(j), Fla. Stat. Mr. Michael […]

Janice Ward Attorney General of Florida — Opinion November 28, 1978 Municipalities, mandatory retirement Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General Janice Ward Parrish City Personnel Administrator Delray Beach QUESTION: Is the establishment of a mandatory retirement age of 65 in a municipal pension plan for policemen and firemen, […]

Tom Lewis, Representative, 83rd District, North Palm Beach Attorney General of Florida — Opinion July 1, 1974 RE: CONSULTANTS’ COMPETITIVE NEGOTIATION ACT WHEN APPLICABLE TO ADDITIONAL SERVICES IN CONNECTION WITH CONTRACT ANTEDATING ACT Consultants’ competitive negotiation act Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: Must a public agency […]

Ms. Dorothy Faircloth Attorney General of Florida — Opinion July 19, 1982 Reconsideration of unconditionally revoked license Jim Smith, Attorney General Prepared by: Percy W. Mallison, Jr., Assistant Attorney General Ms. Dorothy Faircloth Executive Director Board of Osteopathic Medical Examiners Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Dear Ms. Faircloth: This […]

Jack M. Skelding Attorney General of Florida — Opinion December 8, 1977 Law officers, training costs reimbursement Robert L. Shevin, Attorney General Prepared by: Thomas M. Beason Assistant Attorney General Jack M. Skelding Attorney for Florida Sheriffs Association Tallahassee QUESTIONS: 1. Must police officer trainees who attended an approved training program at the expense of […]

Gerald S. Livingston General Counsel East Central Florida Regional Planning Council Orlando Attorney General of Florida — Opinion February 9, 1977 Multicounty transporation Robert L. Shevin, Attorney General Prepared by: Michael H. Davidson Assistant Attorney General QUESTION: In view of the provision of s. 163.01(4), F. S., may counties which individually do not possess the […]