Category: Florida Attorney General Opinions

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 […]

Dwight W. Severs, City Attorney, Titusville Attorney General of Florida — Opinion January 14, 1974 RE: MUNICIPAL HOME RULE POWERS ACT — AUTHORITY TO ENACT MUNICIPAL ORDINANCE AT VARIANCE WITH GENERAL LAW Municipal Home Rule Powers Act Robert L. Shevin, Attorney General Prepared by: Jan Dunn, Assistant Attorney General QUESTION: What is the effect of […]

Mr. James P. Beadle Attorney General of Florida — Opinion February 25, 1998 RE: VEHICLES — TRAFFIC CONTROL — MUNICIPALITIES — municipal regulation of skateboards pursuant to Florida Uniform Traffic Control Law. Ch. 316, Fla. Stat. Traffic Control, municipal regulation of skateboards Robert A. Butterworth Attorney General Mr. James P. Beadle Attorney for City of […]

Ms. Sonita Young. Attorney General of Florida — Opinion July 14, 2009 :Ms. Sonita Young Executive Director, Policy and Compliance Duval County Public Schools 1701 Prudential Drive Jacksonville, Florida 32207 Bill McCollum, Attorney General Dear Ms. Young: On behalf of the Duval County Public Schools you ask substantially the following question: Are student assessment tests, […]

James Nursey Chief of Police Orlando Attorney General of Florida — Opinion October 29, 1979 Wire communications interception Carol Z. Bellamy Assistant Attorney General James Nursey Chief of Police Orlando QUESTIONS: 1. Is a municipal police department an `other entity’ within the purview of s. 934.03(2)(g)(1)., F. S.? 2. If question 1 is answered in […]

Mr. Dudley P. Hardy Attorney General of Florida — Opinion May 11, 1982 Ordinances concerning airport property Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Dudley P. Hardy County Attorney Board of County Commissioners Bradford County 996 N. Temple Avenue Post Office Drawer 1030 Starke, Florida 32091 Dear Mr. Hardy: […]

J. Ed Straughn, Executive Director, Department of Revenue, Tallahassee Attorney General of Florida — Opinion December 19, 1975 RE: ADMINISTRATIVE PROCEDURE ACT GOVERNOR AND CABINET MAY DELEGATE DUTIES AS HEAD OF DEPARTMENT OF REVENUE TO DEPARTMENT’S EXECUTIVE DIRECTOR Department of revenue Robert L. Shevin, Attorney General Prepared by: J. Kendrick Tucker, Assistant Attorney General QUESTION: […]

Betty Easley Representative 56th District Largo Attorney General of Florida — Opinion February 23, 1977 Classification as special law, transit authority Robert L. Shevin, Attorney General Prepared by: Michael H. Davidson Assistant Attorney General QUESTION: Should H.B. 76, filed for consideration in the 1977 Legislative Session, which upon passage would abolish the Tampa Bay Area […]

Michael A. Meadows. Attorney General of Florida — Opinion September 22, 2005 RE: SPECIAL DISTRICTS — MOSQUITO CONTROL DISTRICTS — JUDGMENTS — SETTLEMENTS — authority of mosquito control district to compromise or reduce lien held by district. Ch. 388, Fla. Stat., and Ch. 2002-346, Laws of Fla. Mr. Michael A. Meadows Florida Keys Mosquito Control […]

Chief Thomas A. Magill Attorney General of Florida — Opinion April 20, 2005 RE: MUNICIPALITIES — LAW ENFORCEMENT — MUTUAL AID AGREEMENTS — municipality may not use mutual aid agreement to assume all law enforcement services for another municipality. s. 23.1225, Fla. Stat.; Art. VII, s. 2, Fla. Const. Mutual aid agreement, assumption of police […]

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 […]

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. 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. 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, […]

The Honorable Janet Reno Attorney General of Florida — Opinion February 6, 1990 RE: PUBLIC RECORDS — MUNICIPALITIES — LOCAL GOVERNMENT — public records law preempts to the state regulation of access to and fees for copying public records, precluding local regulation or legislation prescribing a fee for certified copies higher than the actual cost […]

The Honorable Louis O. Frost, Jr. Public Defender Attorney General of Florida — Opinion March 20, 1992 Part-time Asst. Pub. Def./private practice of law Robert A. Butterworth Attorney General The Honorable Louis O. Frost, Jr. Public Defender QUESTION: 1. Does the prohibition against “otherwise” practicing criminal law contained in s. 27.51(3), F.S., have any force […]

Mr. Anthony Mondae Attorney General of Florida — Opinion August 27, 1986 Municipal service district , liability of board Jim Smith Attorney General Mr. Anthony Mondae Chairman Municipal Service District Ponte Vedra Beach Post Office Box 1323 Ponte Vedra Beach, Florida 32082 Dear Mr. Mondae: This is in response to your request for an Attorney […]

Robert D. Klausner General Counsel Attorney General of Florida — Opinion September 24, 1992 Jacksonville Police Fire Pension Fund/Budget Robert A. Butterworth Attorney General Robert D. Klausner General Counsel Jacksonville Police and Fire Pension Board of Trustees QUESTION: May the Board of Trustees of the Jacksonville Police and Fire Pension Fund delegate to the City […]

Honorable Lars A. Hafner Representative, District 54 Attorney General of Florida — Opinion December 4, 1992 Florida Clean Indoor Air Act Robert A. Butterworth Attorney General Honorable Lars A. Hafner Representative, District 54 QUESTION: May counties and municipalities enact ordinances allowing local law enforcement officials to enforce the Florida Clean Indoor Air Act? SUMMARY: The […]

Doyle Conner, Commissioner of Agriculture, Tallahassee Attorney General of Florida — Opinion February 26, 1976 RE: PUBLIC EMPLOYEES MAY NOT BE REIMBURSED FOR PER DIEM WHEN ON SICK LEAVE WHILE ON TRAVEL STATUS Sick leave and travel status Robert L. Shevin, Attorney General Prepared by: Martin S. Friedman, Assistant Attorney General QUESTION: Is it permissible […]

The Honorable Ralph D. Turlington Attorney General of Florida — Opinion September 21, 1984 Recoupment of FEFP funds, 236.081 F.S. 193.1145 F.S. Jim Smith Attorney General The Honorable Ralph D. Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301 Mr. William Fountain Property Appraiser Walton County Post Office Box 691 DeFuniak Springs, Florida 32433 Dear […]

The Honorable Elaine Bloom Attorney General of Florida — Opinion February 20, 1989 Authority to amend special law regarding pensions Robert A. Butterworth Attorney General The Honorable Elaine Bloom Representative District 104 Suite 384, 420 Lincoln Road Miami Beach, Florida 33139 Dear Representative Bloom: You have asked substantially the following question: Is the Legislature authorized […]

Armond R. Cross, Chairman, Florida Parole and Probation Commission, Tallahassee Attorney General of Florida — Opinion January 8, 1974 RE: PAROLE — PAROLE FOR PRISON SENTENCE AND CONSECUTIVE SENTENCE TO COUNTY JAIL Parole and consecutive sentences Robert L. Shevin, Attorney General Prepared by: Reeves Bowen, Assistant Attorney General QUESTION: May the Parole and Probation Commission […]

Mr. Fassil Gabremariam Attorney General of Florida — Opinion September 28, 2000 RE: TAMPA PORT AUTHORITY — SPECIAL DISTRICT — LEASE — exercise of option to renew lease. s. 7, Ch. 95-488, Laws of Florida. Port Authority, exercise of option to renew lease Robert A. Butterworth Attorney General Mr. Fassil Gabremariam Chairman, Tampa Port Authority […]

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 […]