Category: Florida Attorney General Opinions

The Honorable Joan M. Heggen Attorney General of Florida — Opinion October 1, 1982 Maintenance of county law libraries; special districts Jim Smith, Attorney General Prepared by: Linda Lettera, Assistant Attorney General The Honorable Joan M. Heggen Secretary Department of Veteran and Community Affairs 2571 Executive Center Circle, East Tallahassee, Florida 32301 Dear Secretary Heggen: […]

T.M. Barlow Attorney General of Florida — Opinion October 20, 1986 Referendum approval for ad valorem taxes Jim Smith Attorney General To: T.M. Barlow City Attorney City of West Melbourne QUESTION: May a municipality amend its charter to provide that no ad valorem tax on real property or tangible personal property may be levied without […]

Mr. Jimmy Crawford General Counsel Attorney General of Florida — Opinion June 25, 2003 RE: GOVERNMENT IN THE SUNSHINE LAW — COMMUNITY COLLEGES — advisory council, created by community college to make recommendations to college’s business assistance center and to college president, subject to Sunshine Law. s. 286.011, Fla. Stat. Sunshine Law, community college advisory […]

Honorable David H. Goolsby, Jr. Attorney General of Florida — Opinion. January 26, 2007 RE: PROPERTY APPRAISER-TAXATION-EXEMPTIONS-VETERANS-HOMESTEAD-veteran’s eligibility for total exemption; carry over provisions for surviving spouse. s. 196.081, Fla. Stat. The Honorable David H. Goolsby, Jr. Hamilton County Property Appraiser 207 Northeast 1st Street, Room 108 Jasper, Florida 32052 BILL McCOLLUM, Attorney General Dear […]

Ms. Toby A. Turbyfill City Attorney Attorney General of Florida — Opinion December 16, 1985 Application of 553 F.S. relating to inspection fees 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 […]

Hal S. McLamma Leon County Court Judge Tallahassee Attorney General of Florida — Opinion December 20, 1977 Fine and forfeiture fund Robert L. Shevin, Attorney General Prepared by: Frank A. Vickory Assistant Attorney General QUESTION: Of what does the find and forfeiture fund provided for in ss. 142.01 and 142.03, F. S., consist since these […]

Ernest Ellison Attorney General of Florida — Opinion October 20, 1978 Sheriffs, competitive bids requirements Robert L. Shevin, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Ernest Ellison Auditor General Tallahassee QUESTIONS: 1. Is a county sheriff, by law, required to utilize a system of competitive bids when purchasing goods for his office? 2. […]

The Honorable William Carroll Attorney General of Florida — Opinion May 17, 1983 Ordinance requiring written consent from landowners Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General The Honorable William Carroll Chairman Board of County Commissioners Santa Rosa County Post Office Box 781 Milton, Florida 32570 Dear Mr. Carroll: This is in […]

Mr. William O. Monroe Auditor General Attorney General of Florida — Opinion January 21, 2004 RE: MILITARY LEAVE — PUBLIC OFFICERS AND EMPLOYEES — INSURANCE — AUDITOR GENERAL — leave of absence for active military service by state employee; extension of benefits while on military leave. ss. 115.09, 115.12, 115.13 and 115.14, Fla. Stat. State […]

Mr. Stanley E. Marable Attorney General of Florida — Opinion April 30, 1982 Authority to pay retroactively; school board Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. Stanley E. Marable Attorney for the Lake County School Board Post Office Drawer 1357 Leesburg, Florida 32748 Dear Mr. Marable: This is in response […]

James T. Russell, State Attorney, New Port Richey Attorney General of Florida — Opinion May 18, 1976 RE: BEVERAGE LAW LAW ENFORCEMENT OFFICER PROHIBITED FROM PERFORMING AT LICENSED ESTABLISHMENT AS PART OF MUSICAL GROUP Officer prohibited from performing in musical group Robert L. Shevin, Attorney General Prepared by: Charles W. Musgrove, Assistant Attorney General QUESTION: […]

John A. Hill, Representative, 108th District, Hialeah Attorney General of Florida — Opinion August 20, 1976 RE: PUBLIC EMPLOYEES’ COLLECTIVE BARGAINING WELFARE TRUST FUND MAY BE ESTABLISHED BY COLLECTIVE BARGAINING Collective bargaining welfare trust fund Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: May a welfare trust fund be established as part of the […]

Alton M. Towles, Attorney, Gadsden County Commission, Quincy Attorney General of Florida — Opinion September 9, 1975 RE: ALCOHOLIC BEVERAGES POWER OF COUNTY COMMISSION TO REGULATE SUNDAY BEER SALES Sale of alcoholic beverages on Sunday Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General, and Marty Friedman, Legal Research Assistant QUESTION: […]

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 […]

Mr. Fred O. Dickinson, III Attorney General of Florida — Opinion August 5, 1997 RE: VENDING MACHINES — MOTOR VEHICLES — HIGHWAY SAFETY AND MOTOR VEHICLES, DEPT OF — surcharge on dispensing validation stickers by automated vending facility. s. 320.04, Fla. Stat. Motor Vehicles, validation stickers by vending machine Robert A. Butterworth Attorney General Mr. […]

Alan B. Fields, Jr., Attorney, Putnam County Public Hospital Authority, Palatka Attorney General of Florida — Opinion May 2, 1975 RE: PUTNAM COUNTY PUBLIC HOSPITAL AUTHORITY USE OF HOSPITAL FUNDS FOR NONHOSPITAL PURPOSES — LIMITATION Use of hospital funds Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: May the […]

Honorable Jerry M. Blair State Attorney Attorney General of Florida — Opinion August 26, 1992 State Attorney represent county municipal law enf. Robert A. Butterworth Attorney General Honorable Jerry M. Blair State Attorney Third Judicial Circuit QUESTION: Is the State Attorney authorized to represent county and municipal law enforcement agencies in forfeiture actions filed pursuant […]

Mr. Gerald Korman City Attorney Attorney General of Florida — Opinion February 4, 1986 Dual officeholding, police chief Jim Smith Attorney General Mr. Gerald Korman City Attorney City of Longwood 175 West Warren Avenue Longwood, Florida 32750 Dear Mr. Korman: This is in response to your request for an opinion on substantially the following question: […]

Ms. Diane Carr Secretary Attorney General of Florida — Opinion March 24, 2004 RE: BUSINESS AND PROFESSIONAL REGULATION — ALCOHOLIC BEVERAGES AND TOBACCO — PUBLIC RECORDS — LICENSING — applicability of provisions of Chapter 455, Florida Statutes, to Division of Alcoholic Beverages and Tobacco. ss. 455.01, 455.017, 455.229, Fla. Stat. Alcoholic Beverage and Tobacco Division, […]

The Honorable Michael J. Satz State Attorney Attorney General of Florida — Opinion May 16, 1985 Authority to grant additional holidays Jim Smith Attorney General The Honorable Michael J. Satz State Attorney Seventeenth Judicial Circuit Suite 600 Broward County Courthouse Fort Lauderdale, Florida 33301 Dear Mr. Satz: This is in response to your request for […]

John H. Schoeberlein Attorney General of Florida — Opinion March 2, 1978 Authority to split election precincts Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General John H. Schoeberlein City Manager Pompano Beach QUESTIONS: 1. Does a municipality have the power to `split’ or otherwise alter election precincts established by the […]

Samuel T. Adams Attorney General of Florida — Opinion August 19, 1980 Use of public funds for legal action Jim Smith, Attorney General Prepared by: Percy W. Mallison, Jr., Assistant Attorney General Samuel T. Adams Callaway City Attorney Apalachicola QESTIONS: 1. May a municipality legally expend public funds to institute and prosecute an action to […]

Ms. Elizabeth M. Hernandez. Attorney General of Florida — Opinion. January 26, 2007 RE: CONDOMINIUMS — FIRE SAFETY STANDARDS — application of exemption from retrofitting for fire sprinklers in residential units located in mixed-use condominium. s. 718.112, F.S. Ms. Elizabeth M. Hernandez City Attorney City of Coral Gables Post Office Box 141549 Coral Gables, Florida […]

David H. Pingree Attorney General of Florida — Opinion October 29, 1979 Advance of state funds to local mental health boards Joslyn Wilson Assistant Attorney General David H. Pingree Secretary Department of Health and Rehabilitative Services Tallahassee QUESTION: Does the Department of Health and Rehabilitative Services have the authority to advence funds to the community […]

Gerald A. Figurski Pasco County Attorney Attorney General of Florida — Opinion July 6, 1979 Authority to waive fee charged for ambulance Percy W. Mallison, Jr. Assistant Attorney General Gerald A. Figurski Pasco County Attorney Port Richey QUESTIONS: 1. Does the Board of County Commissioners of Pasco County have the authority to waive the fee […]

Oliver Lowe, Charlotte County Tax Assessor, Punta Gorda Attorney General of Florida — Opinion September 6, 1974 RE: TAXATION AD VALOREM TAX EXEMPTIONS — HOMES FOR THE AGED Homes for the aged and ad valorem tax Robert L. Shevin, Attorney General Prepared by: Winifred L. Wentworth, Assistant Attorney General, and David M. Hudson, Legal Intern […]

Edward Kapushy, Fire Chief, Indian Harbor Beach Attorney General of Florida — Opinion November 30, 1976 RE: UNIFORM TRAFFIC CONTROL LAW VOLUNTEER FIREMEN’S VEHICLES — USE OF RED LIGHTS, NOT “EMERGENCY VEHICLES” Uniform traffic control Robert L. Shevin, Attorney General Prepared by: Bruce M. Singer, Assistant Attorney General QUESTIONS: 1. Are the private vehicles of […]

R. William Rutter, Jr. Attorney General of Florida — Opinion April 20, 1978 Special election for proposed county charter Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General R. William Rutter, Jr. Palm Beach County Attorney West Palm Beach QUESTION: May a special election called for the purpose of submitting a […]

Ernest Ellison Attorney General of Florida — Opinion July 18, 1978 County officers, self defense funding Robert L. Shevin, Attorney General Prepared by: Frank A. Vickory, Assistant Attorney General Ernest Ellison Auditor General Tallahassee QUESTIONS: 1. When a complaint is filed with the Florida Commission on Ethics against a county officer, is said officer entitled […]

Mr. Edward Paul Kreiling Attorney General of Florida — Opinion March 27, 1984 Interlocal agreements between cities Jim Smith Attorney General Mr. Edward Paul Kreiling City Attorney City of Miramar Post Office Box 3838 Miramar, Florida 33023 Dear Mr. Kreiling: This is in response to your request for an opinion on substantially the following question: […]

The Honorable Robert E. Stone Attorney General of Florida — Opinion November 29, 1983 Uniform reciprocal enforcement of support act Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistant Attorney General The Honorable Robert E. Stone State Attorney Nineteenth Judicial Circuit Post Office Box 1968 Stuart Dear Mr. Stone: This is in regard to your […]

Randall P. Kirkland, Clerk, Circuit and County Court, Orlando Attorney General of Florida — Opinion January 8, 1976 RE: COUNTY COURT CLERKS FILING FEES — COUNTERCLAIM EXCEEDING LIMIT FOR SUMMARY PROCEDURE RULES; CHANGE OF VENUE — COSTS TO BE PAID Counterclaim exceeds limit for summary procedure rules Robert L. Shevin, Attorney General Prepared by: Mary […]

Mr. Daniel S. McIntyre County Attorney Attorney General of Florida — Opinion September 22, 1989 Fire District as independent special district Robert A. Butterworth Attorney General Mr. Daniel S. McIntyre County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Dear Mr. McIntyre: On behalf of the Board of County Commissioners of St. […]

Abbey G. Hairton General Counsel School Board Attorney General of Florida — Opinion October 1, 1991 Public Records / School Board District Investigations Robert A. Butterworth Attorney General Abbey G. Hairton General Counsel School Board of Palm Beach County QUESTION: 1. May information compiled during an investigation of certain departments in the school district be […]

Seymour Rowland, Jr., City Attorney, Ocala Attorney General of Florida — Opinion February 18, 1976 RE: REGIONAL PLANNING COUNCILS MEMBERSHIP — ORGANIZATION — FINANCING Regional planning council Robert L. Shevin, Attorney General Prepared by: Michael H. Davidson, Assistant Attorney General QUESTIONS: 1. May a regional planning council composed of two or more counties, established under […]

Gerald R. Colen, St. Petersburg Beach City Attorney, St. Petersburg Attorney General of Florida — Opinion September 23, 1976 RE: MUNICIPALITIES CHARTER MAY PRESCRIBE LONGER NOTICE OF PROPOSED ORDINANCE THAN PROVIDED BY STATE LAW Authority for longer notice of proposed ordinance Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: […]

Mr. George Ralph Miller Attorney General of Florida — Opinion April 7, 1999 RE: COUNTIES — ROADS — COUNTY FUNDS — county repair of private driveways and roads. Art. VII, s. 1 and Art. VIII, s. 9, Fla. Const. County repair of private roads when costs reimbursed Robert A. Butterworth Attorney General Mr. George Ralph […]

Allan Milledge Attorney for South Florida Regional Planning Council Miami Attorney General of Florida — Opinion February 9, 1977 Interlocal agreements, planning agencies Robert L. Shevin, Attorney General Prepared by: Michael H. Davidson Assistant Attorney General QUESTIONS: 1. May public agencies of disparate types and degrees of power create a separate administrative entity under s. […]

Mr. John K. Renke, II City Attorney Attorney General of Florida — Opinion January 16, 1986 Annexation as prerequisite for services Jim Smith Attorney General Mr. John K. Renke, II City Attorney City of New Port Richey 320 E. Main Street New Port Richey, Florida 33552-2576 Dear Mr. Renke: This is in response to your […]

Ms. JulieAnn Rico Allison Chief Counsel School Board Attorney General of Florida — Opinion November 23, 2004 RE: SCHOOLS — EDUCATION-SUSPENSION — authority to impose academic penalty on make-up work during suspension. ss. 1003.26, 1003.33, Fla. Stat. Schools, suspension, academic penalty on make-up work Charlie Crist Attorney General Ms. JulieAnn Rico Allison Chief Counsel School […]

Mr. Robert D. Pritt. Attorney General of Florida — Opinion. July 24, 2007 RE: MUNICIPALITIES-CHARTERS-ELECTIONS-ORDINANCES-amendment of charter by ordinance to change date of municipal elections every four years to coincide with presidential preference primary. ss. 100.3605, 101.75, 166.021, Fla. Stat. Mr. Robert D. Pritt Naples City Attorney 735 Eighth Street South Naples, Florida 34102-6796 BILL […]

Mr. J.E. Dorman Attorney General of Florida — Opinion January 22, 1986 Authority to impose annual fee on boat slips Jim Smith Attorney General Mr. J.E. Dorman City Manager Post Office Box 399 Destin, Florida 32541 Dear Mr. Dorman: This is in response to your request on behalf of the Destin City Council for an […]

Mr. Philip E. Perrey Attorney and Counselor at Law Attorney General of Florida — Opinion June 5, 1996 RE: WHISTLE-BLOWER’S ACT — MUNICIPALITIES — PUBLIC RECORDS — municipality may not require disclosure of whistle-blower’s identity before processing complaint; confidentiality of name or identity of whistle-blower. ss. 112.3187 — 31895, Fla. Stat. Whistle-blower’s act, release of […]

Betty Lynn Lee Attorney General of Florida — Opinion July 24, 1978 County animal control agents, arrest powers Robert L. Shevin, Attorney General Prepared by: David K. Miller, Assistant Attorney General Betty Lynn Lee Broward County General Counsel Fort Lauderdale QUESTION: Do animal control agents appointed pursuant to s. 828.03, F. S., have the authority […]

Mr. James D. Palermo Attorney General of Florida — Opinion February 22, 2001 RE: LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS — MUNICIPALITIES — LIENS — assignability of code enforcement liens to private parties. Part I, Ch. 162, Fla. Stat. Code enforcement board, assignability of liens Robert A. Butterworth Attorney General Mr. James D. Palermo Tampa City […]

Don J. Caton Attorney General of Florida — Opinion December 5, 1980 Dual officeholding; semiautonomous board Jim Smith, Attorney General Prepared by: Bill Hall, Assistant Attorney General Don J. Caton City Attorney Pensacola QUESTION: Does s. 5(a), Art. II, State Const., prohibit certain members of the appointed staff of a municipality from serving on a […]

Mr. Gerald R. Colen St. Petersburg Beach City Attorney Attorney General of Florida — Opinion July 26, 1994 RE: GOVERNMENT IN THE SUNSHINE LAW — PUBLIC MEETINGS — PUBLIC RECORDS — LITIGATION — whether litigation held in abeyance pursuant to joint stipulation for settlement is “pending litigation” for purposes of s. 286.011(8), Fla. Stat. (1993). […]

David H. McClain, Senator, 21st District, Tampa Attorney General of Florida — Opinion April 26, 1974 RE: FIREARMS BANK SECURITY GUARDS — LICENSE NOT REQUIRED Bank security guards and firearms Robert L. Shevin, Attorney General Prepared by: Andrew W. Lindsey, Assistant Attorney General QUESTION: Can a security officer and security guards employed by a bank […]

The Honorable Harvey Ruvin Attorney General of Florida — Opinion July 17, 2001 RE: CLERK OF COURT-BANKRUPTCY-FORECLOSURE-TAX DEED SALES-FEES-clerks authority to retain fees for foreclosure or tax deed sale if bankruptcy petition filed. Sections 28.24 and 45.031(1), Fla. Stat. Clerk of court, retaining tax sale fees Robert A. Butterworth Attorney General The Honorable Harvey Ruvin […]

Michael Zealy, Lauderdale Lakes City Attorney, Ft. Lauderdale Attorney General of Florida — Opinion May 5, 1975 RE: CONSULTANTS’ COMPETITIVE NEGOTIATION ACT APPLICABILITY TO EMPLOYMENT OF CITY ENGINEER Consultants’ competitive negotiation act Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: May a city utilize its city engineer, employed under […]

The Honorable H. Darcy Bone Mayor Attorney General of Florida — Opinion October 18, 1988 Boating licenses Robert A. Butterworth Attorney General The Honorable H. Darcy Bone Mayor City of Maitland Post Office Box 66 Maitland, Florida 32751 Dear Mayor Bone: You ask substantially the following question: May the City of Maitland require boating licenses […]

Mr. C. Dalton Bray Chief of Police Attorney General of Florida — Opinion February 20, 1989 Police officer as dual officeholder Robert A. Butterworth Attorney General Mr. C. Dalton Bray Chief of Police Orange Park Police Department 331 Stowe Avenue Orange Park, Florida 32073 Attention: Lieutenant James H. Boivin Dear Chief Bray: You ask substantially […]

Mr. Felix A. Johnston, Jr. Attorney General of Florida — Opinion August 23, 1983 Compensation for city commissioners; procedures Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Felix A. Johnston, Jr. Attorney for the Town of St. Marks 1030 East Lafayette Street Suite 112 Tallahassee, Florida 32301 Dear Mr. Johnston: […]

Ms. Trela J. White Attorney General of Florida — Opinion August 7, 1990 RE: MUNICIPALITIES — SAFE NEIGHBORHOOD ACT — NEIGHBORHOOD IMPROVEMENT DISTRICTS — ROADS — authority of local government neighborhood improvement district to privatize and maintain streets Safe Neighborhoods, privatization of streets Robert A. Butterworth Attorney General Ms. Trela J. White City Attorney, City […]

James H. Davis Attorney General of Florida — Opinion January 1, 1978 Transportation authority, agency of the state Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General James H. Davis Director Finance and Administration Jacksonville Transportation Authority Jacksonville QUESTIONS: 1. Is the Jacksonville Transportation Authority an agency or instrumentality of the […]

The Honorable Samuel J. Feiner Attorney General of Florida — Opinion November 4, 1983 Occupational license for operation of bar Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General The Honorable Samuel J. Feiner Mayor City of Key Colony Beach Post Office Box 141 Key Colony Beach, Florida 33051 Dear Mayor Feiner: This […]

The Honorable Karleen De Blaker Pinellas Attorney General of Florida — Opinion July 2, 2004 RE: CLERK OF COURT — GUARDIANS AND WARDS — AUDITS — INCOMPETENT — INVENTORIES — ACCOUNTING — authority of clerk of court to perform audits. s. 744.368, Fla. Stat. Clerk of court, audits of guardianship files Charlie Crist Attorney General […]

Mr. William M. Powell City Attorney Attorney General of Florida — Opinion December 21, 1989 Amendment to a municipal charter Robert A. Butterworth Attorney General Mr. William M. Powell City Attorney City of Cape Coral Post Office Box 150027 Cape Coral, Florida 33915-0027 Dear Mr. Powell: On behalf of the City Council of Cape Coral […]

Bryan W. Henry Attorney General of Florida — Opinion October 12, 1978 Municipalities, voluntary annexation Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General Bryan W. Henry City Attorney Tallahassee QUESTION: Must property proposed to be annexed under s. 171.044, F. S. (voluntary annexation), meet the requirements set forth in s. […]

Chester F. Blakemore Attorney General of Florida — Opinion May 22, 1980 Transfer of vehicle title by trustee Jim Smith, Attorney General Prepared by: Percy W. Mallison, Jr., Assistant Attorney General Chester F. Blakemore Executive Director, Department of Highway Safety and Motor Vehicles Tallahassee QUESTION: When the certificate of title to a motor vehicle is […]

Mr. Mitchell S. Kraft Tamarac City Attorney Attorney General of Florida — Opinion June 5, 1996 RE: LOYALTY OATH — ELECTED OFFICIALS — MUNICIPALITIES — requirement that elected official take loyalty oath. s. 876.05, Fla. Stat. Loyalty oaths, requirement for elected official Robert A. Butterworth Attorney General Mr. Mitchell S. Kraft Tamarac City Attorney 7525 […]

Richard (Dick) Stone, Secretary of State, Tallahassee Attorney General of Florida — Opinion February 28, 1974 RE: ELECTIONS — CAMPAIGN EXPENDITURE LIMITS FOR CONGRESSIONAL ASPIRANTS — QUALIFICATION AND EXPENDITURES OF INDEPENDENT CANDIDATES Elections and campaign limits Robert L. Shevin, Attorney General Prepared by: Michael Parrish, Assistant Attorney General QUESTIONS: 1. Do the expenditure limitations in […]

Mr. William O. Monroe Auditor General Attorney General of Florida — Opinion July 13, 2004 RE: STATE AGENCIES — TRAVEL EXPENSES — STATE FUNDS — CITRUS, DEPT. OF — FINANCIAL SERVICES, DEPT. OF — authority of state agency to expend funds for first-class air travel. s. 112.061, F.S. State agency’s expenditure for first class air […]

Ms. Deborah Kearney Attorney General of Florida — Opinion February 22, 2000 RE: STATE AGENCIES — DEPARTMENT OF STATE — COPYRIGHTS — TRADEMARKS — PATENTS — authority of state agencies to obtain copyrights, trademarks, and patents. ss. 286.021, 286.031, Fla. Stat. Copyrights; Trademarks Robert A. Butterworth Attorney General Ms. Deborah Kearney General Counsel Department of […]

Nancy Kelley Wittenberg Attorney General of Florida — Opinion December 9, 1980 Sunshine law; board meetings Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Nancy Kelley Wittenberg Secretary, Department of Professional Regulation Tallahassee QUESTION: Does the Government in the Sunshine Law apply to meetings held between the Office of examination Services […]

The Honorable John Stafford Supervisor of Elections Attorney General of Florida — Opinion September 17, 2002 RE: VOTER REGISTRATION — ELECTIONS — SUPERVISOR OF ELECTIONS — CANDIDATES — PUBLIC RECORDS — petition cards are public records subject to inspection and copying. s. 97.0585, Fla. Stat. Petition cards subject to inspection and copying Robert A. Butterworth […]

Richard A. Pettigrew, Senator, 39th District, Tallahassee Attorney General of Florida — Opinion April 25, 1974 RE: ELECTIONS — TESTIMONIAL AFFAIRS — PERMITTED MAILINGS BEFORE CANDIDATE OFFICIALLY QUALIFIES Mailings before candidate officially qualifies Robert L. Shevin, Attorney General Prepared by: Michael Parrish, Assistant Attorney General QUESTIONS: 1. Is it permissible to mention on printed material […]

Armond R. Cross, Chairman, Florida Parole and Probation Commission, Tallahassee Attorney General of Florida — Opinion March 28, 1974 RE: PAROLE AND PROBATION COMMISSION — PAROLE REVOCATION HEARINGS — APPOINTMENT OF COUNSEL TO REPRESENT INDIGENT PAROLEE Parole revocation hearings Robert L. Shevin, Attorney General Prepared by: Wallace E. Allbritton, Assistant Attorney General QUESTION: Who would […]

R. H. Hackney, Jr. Attorney General of Florida — Opinion December 2, 1980 Clerk contract with corporation; record retrieval Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General R. H. Hackney, Jr. Clerk Circuit Court Sarasota QUESTION: May the clerk of a circuit court enter into an agreement with a private corporation whereby […]

Mr. Joel D. Cantor Attorney General of Florida — Opinion July 12, 2001 RE: CONTRABAND FORFEITURE-MUNICIPALITIES-LAW ENFORCEMENT-use of forfeiture funds to pay for law enforcement officer’s LASIK surgery. s. 932.7055, Fla. Stat. Contraband forfeiture funds, officer’s eye surgery Robert A. Butterworth Attorney General Mr. Joel D. Cantor Police Legal Advisor City of Hollywood Police Department […]

Mr. Frederick E. Landt, III Attorney General of Florida — Opinion January 17, 2002 RE: MUNICIPALITIES — PUBLIC FUNDS — PARTNERSHIPS — PUBLIC UTILITIES — city may not enter into partnership with private corporation for provision of natural gas. s. 10, Art. VII, Fla. Const. Municipality, partnership with private corporation Robert A. Butterworth Attorney General […]

Ms. Margaret T. Brewer City Attorney Attorney General of Florida — Opinion July 8, 1985 Blue chip community committee certification Jim Smith Attorney General Ms. Margaret T. Brewer City Attorney City of New Smyrna Beach 210 Sams Avenue New Smyrna Beach, Florida 32069-9985 Dear Ms. Brewer: This is in response to your request for an […]

Mr. James W. Denhardt Treasure Island City Attorney Attorney General of Florida — Opinion July 22, 2002 RE: GOVERNMENT IN THE SUNSHINE MUNICIPALITIES requirement that minutes of prior meeting be signed. s. 286.011, Fla. Stat. Sunshine Law, approval of minutes of prior meetings Robert A. Butterworth Attorney General Mr. James W. Denhardt Treasure Island City […]

Mr. John Clapper, III Attorney General of Florida — Opinion December 13, 2001 RE: GOVERNMENT IN THE SUNSHINE LAW-SCHOOLS-PENALTIES- school advisory committee members subject to criminal penalties for knowing violations of Sunshine Law. s. 286.011, Fla. Stat. Sunshine Law penalties, school advisory committee Robert A. Butterworth Attorney General Mr. John Clapper, III Collier County School […]

Ms. Robin L. Higgins Attorney General of Florida — Opinion November 3, 1999 RE: MOTOR VEHICLES — VETERANS — PARKING — disabled veteran with “DV” license plate parking for no fee or penalty. ss. 316. 1964 and 320.084, Fla. Stat. Disabled veteran license plate, parking Robert A. Butterworth Attorney General Ms. Robin L. Higgins Executive […]

Thomas D. O’Malley, Insurance Commissioner, Tallahassee Attorney General of Florida — Opinion August 8, 1974 RE: REGULATION OF OCCUPATIONS CITIZENSHIP REQUIREMENTS Citizenship and licensure requirements Robert L. Shevin, Attorney General Prepared by: David LaCroix, Assistant Attorney General QUESTION: May the Department of Insurance, in view of the enactment of Ch. 74-37, Laws of Florida, give […]

Mr. Frank Comparetto, Jr. Attorney General of Florida — Opinion October 6, 2000 RE: MUNICIPALITIES — CHARTERS — REFERENDUM — change in date of election of municipal elections and resulting change in terms of sitting officers may be accomplished by ordinance without a referendum. ss. 100.3605 and 166.021, Fla. Stat. Change in date of municipal […]

The Honorable Carol Hanson Representative Attorney General of Florida — Opinion December 18, 1991 Consultants’ Competitive Negotiation Act Robert A. Butterworth Attorney General The Honorable Carol Hanson Representative, District 87 QUESTION: Are property appraisers subject to s. 287.055, F.S. (1990 Supp.), the consultants’ Competitive Negotiation Act, in procuring professional services? SUMMARY: Property appraisers, as county […]

Mr. Randy Miller Attorney General of Florida — Opinion September 30, 1983 Authority of Dept. of Revenue to collect taxes Jim Smith, Attorney General Prepared by: Linda Lettera, Assistant Attorney General Mr. Randy Miller Executive Director Department of Revenue Room 102, Carlton Building Tallahassee, Florida 32301 Dear Mr. Miller: This is in response to your […]

The Honorable L.J. “Lu” Hindery Sheriff of Alachua County Attorney General of Florida — Opinion July 13, 1988 Sheriff’s sale at auction Robert A. Butterworth Attorney General The Honorable L.J. “Lu” Hindery Sheriff of Alachua County Post Office Box 1210 Gainesville, Florida 32602 Dear Sheriff Hindery: You ask substantially the following questions: 1. Whether the […]

Mr. Randy Miller Attorney General of Florida — Opinion December 3, 1986 Intangible property tax returns and property appraisers Jim Smith 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 following question: MAY THE […]

Ms. Michael S. Craig. Attorney General of Florida — Opinion February 23, 2009 RE: FIRE PREVENTION CODE — COUNTIES — BUILDING INSPECTIONS — FEES — authority of county to impose additional review and inspection fees for single and two-family dwellings with fire sprinkler protection. ss. 633.025 and 633.551, Fla. Stat. Mr. Michael S. Craig County […]

Richard J. Deeb, Senator, 19th District, St. Petersburg Attorney General of Florida — Opinion February 19, 1975 RE: REAL ESTATE COMMISSION FAILURE OF BROKER TO EXECUTE APPRENTICESHIP AFFIDAVIT FOR APPLICANT FOR LICENSURE — RECOURSE FOR APPLICANT Licensure for broker and apprenticeship Robert L. Shevin, Attorney General Prepared by: Carol L. Reilly, Assistant Attorney General QUESTION: […]

Dale Bennett Mayor Hialeah Attorney General of Florida — Opinion February 18, 1977 Purchase of Hialeah racetrack, referendum Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: Must the City of Hialeah receive referendum approval prior to the purchase of Hialeah Racetrack? SUMMARY: Premised upon described procedural and constitutional limitations and safeguards, the proposed purchase […]

Mr. Kirby B. Green. Attorney General of Florida — Opinion July 21, 2011 RE: SMOKING — SPECIAL DISTRICTS — WORKPLACES WITHOUT TOBACCO SMOKE — TOBACCO — WATER MANAGEMENT DISTRICTS — authority of special district to adopt smoking policies. Part II, Ch. 386, Fla. Stat.; Art. X, s. 20, Fla. Const. Mr. Kirby B. Green III […]

Mr. Larry Gonzalez, Secretary Attorney General of Florida — Opinion May 1, 1990 RE: PUBLIC RECORDS — AUDITS — PROFESSIONAL REGULATION, DEPARTMENT OF — AUDITOR GENERAL — Auditor General may not have access to public records which by statute are made confidential or exempted from Ch. 119, F.S., absent statutory authority allowing such access. Auditor […]

Mr. Nicholas F. Tsamoutales City Attorney Attorney General of Florida — Opinion May 8, 1986 Authority to use funds for sports complex Jim Smith Attorney General Mr. Nicholas F. Tsamoutales City Attorney City of Palm Bay 4690 Lipscomb Street, N.E., Unit 9 Palm Bay, Florida 32905 Dear Mr. Tsamoutales: This is in response to your […]

Mr. Fred S. Disselkoen, Jr. City Attorney Attorney General of Florida — Opinion July 31, 1985 Annexation of property surrounded by unincorporated land Jim Smith Attorney General Mr. Fred S. Disselkoen, Jr. City Attorney City of Ormond Beach 120 East Granada Boulevard Post Office Box 2633 Ormond Beach, Florida 32075 Dear Mr. Disselkoen: This is […]

Mr. Brad King. Attorney General of Florida — Opinion July 13, 2010 RE: ECONOMIC DEVELOPMENT COUNCIL — COUNTIES — GOVERNMENT IN THE SUNSHINE LAW — MEETINGS — whether meetings of subcommittee of private economic development council subject to sunshine law. s. 286.011, Fla. Stat. Mr. Brad King State Attorney Fifth Judicial Circuit of Florida 110 […]

The Honorable George Firestone Attorney General of Florida — Opinion November 3, 1981 Reports required for alien corporations Jim Smith, Attorney General Prepared by: James M. Barton, II, Assistant Attorney General The Honorable George Firestone Secretary of State QUESTIONS: 1. Is a corporation organized in a territory of the United States of America or the […]

Ms. Jennifer Parker and Mr. Michael Olenick Attorney General of Florida — Opinion February 12, 1999 RE: JUVENILE JUSTICE, DEPARTMENT OF — EDUCATION, DEPARTMENT OF — JUVENILES — FEDERAL GOVERNMENT — control exercised over residential juvenile justice programs by department. s. 985.412, Fla. Stat. Residential juvenile justice programs Robert A. Butterworth Attorney General Ms. Jennifer […]

Mr. Stephen A. Melnick Legal Advisor Boca Raton Attorney General of Florida — Opinion October 9, 1996 RE: JUVENILES — LAW ENFORCEMENT AGENCIES — PUBLIC RECORDS — PHOTOGRAPHS — legality of photographic lineups of juveniles. s. 39.039(1)(b), Fla. Stat. (1995), as amended by s. 2, Ch. 96-293, s. 20, Ch. 96-322, s. 17, Ch. 96-388, […]