Category: Florida Attorney General Opinions

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 […]

Ms. Dolores D. Menendez. Attorney General of Florida — Opinion. February 27, 2007. Page 1 RE: CONSULTANTS’ COMPETITIVE NEGOTIATION ACT — MUNICIPALITIES — CONTRACTS — guaranteed maximum price and completion date must be determined during competitive negotiations under section 287.055, Fla. Stat. s. 287.055, Fla. Stat. Ms. Dolores D. Menendez City Attorney City of Cape […]

The Honorable David H. Pingree Attorney General of Florida — Opinion September 14, 1982 Anti-nepotism law; administrator’s husband Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General The Honorable David H. Pingree Secretary Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, Florida 32301 Dear Secretary Pingree: This is in response […]

Mr. Patrick G. Gilligan Attorney General of Florida — Opinion February 14, 1997 RE: METROPOLITAN PLANNING ORGANIZATIONS — TRANSPORTATION — COUNTIES — MUNICIPALITIES — INTERLOCAL AGREEMENTS — ownership of transit system by MPO. ss. 163.01, 339.175 and 341.041, Fla. Stat. Metropolitan planning organization, transit system Robert A. Butterworth Attorney General Mr. Patrick G. Gilligan Ocala […]

Colonel Henry T. Swann, III Attorney General of Florida — Opinion September 17, 1999 RE: FLORIDA NATIONAL GUARD — INDEMNIFICATION AGREEMENTS — CONTRACTS — COUNTY — authority of Florida National Guard to enter into indemnification agreement with county. s. 768.28(18), Fla. Stat.; Art. X, s. 13, Fla. Const. Florida National Guard, indemnification agreement Robert A. […]

Mr. Charles D. Bailey, Jr. Attorney Attorney General of Florida — Opinion May 7, 1987 Use of public funds for advertising Robert A. Butterworth Attorney General Mr. Charles D. Bailey, Jr. Attorney Sarasota-Manatee Airport Authority Post Office Box 3258 Sarasota, Florida 33578 Dear Mr. Bailey: This is in response to your request for an opinion […]

Mrs. Jane Robinson Attorney General of Florida — Opinion June 18, 1982 Application of F.S. 83 to mobile home parks Jim Smith, Attorney General Prepared by: Joanna R. Martin, Assistant Attorney General Mrs. Jane Robinson Director Division of Consumer Services Department of Agriculture and Consumer Services Room 508, Mayo Building Tallahassee, Florida 32301 Attention: William […]

Mr. Mike Lawson. Attorney General of Florida — Opinion September 24, 2008 RE: COMMUNITY DEVELOPMENT DISTRICTS — AUDITS — community development district must have annual financial audit pursuant to s. 190.007(1), Fla. Stat. Mr. Mike Lawson Chairman Hawthorne Mill Community Development District 3434 Colwell Avenue, Suite 200 Tampa, Florida 33614 Bill McCollum, Attorney General Dear […]

Mr. Harry A. Stewart. Attorney General of Florida — Opinion. September 24, 2007 RE: MUNICIPALITIES — ORDINANCES — ETHICS — HOME RULE POWERS — CONFLICT — PUBLIC OFFICERS AND EMPLOYEES — home rule powers of municipalities to adopt ethics legislation. s. 2(b), Art. VIII, Fla. Const.; ss. 112.3148, 166.021, 106.0701, Fla. Stat.; Ch. 166, Fla. […]

Mr. John C. Wolfe Attorney General of Florida — Opinion June 8, 1982 Sale of surplus real estates; mortgage Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. John C. Wolfe Chief Assistant City Attorney City of St. Petersburg Post Office Box 2842 St. Petersburg, Florida 33731 Dear Mr. Wolfe: This is […]

Mr. Frank Kruppenbacher Attorney General of Florida — Opinion February 4, 2002 RE: SCHOOL BOARDS-TAXATION-MILLAGE-CAPITAL OUTLAY SURTAX-school board may not make imposition of surtax contingent on cap on discretionary capital millage. ss. 212.055(6), 236.25, Fla. Stat. School Capital Outlay Surtax, contingent on cap Robert A. Butterworth Attorney General Mr. Frank Kruppenbacher Orange County School Board […]

Ms. Phyllis Slater General Counsel Attorney General of Florida — Opinion October 12, 1994 RE: PUBLIC RECORDS — LIBRARIES — SUBPOENAS — EVIDENCE — access to confidential registration and circulation records of public library by subpoena duces tecum. s. 257.261, F.S. Access to confidential registration/circulation records Robert A. Butterworth Attorney General Ms. Phyllis Slater General […]

Mr. Shawn D. Smith. Attorney General of Florida — Opinion. June 29, 2006 RE: SCHOOLS — REAL PROPERTY — LEASE PURCHASE — authority of school board to enter into lease purchase agreement for disposal of school property. ss. 1013.15 and 1013.28, Fla. Stat. Schools, lease purchase of school property Mr. Shawn D. Smith Monroe County […]

Mr. David La Croix Attorney General of Florida — Opinion November 9, 1999 RE: MUNICIPALITIES — FUEL TAX — TAXATION — DRAINAGE — TRANSPORTATION — use of tax revenues to clean canals for road and right-of-way drainage. s. 336.025, Fla. Stat. Municipalities, dredging canals as part of road program Robert A. Butterworth Attorney General Mr. […]

George H. Sheldon, Representative, 69th District, Tampa Attorney General of Florida — Opinion December 29, 1976 RE: LEGISLATURE GUBERNATORIAL VETO MESSAGES NEED NOT BE TAKEN UP DURING SPECIAL SESSION Gubernatorial veto messages Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: Must the Legislature take action to either sustain or override gubernatorial vetoes during a […]

Louis O. Frost, Jr. Public Defender Jacksonville Attorney General of Florida — Opinion September 29, 1977 Public defenders, assistants, private law firms Robert L. Shevin, Attorney General Prepared by: Raymond L. Marky Assistant Attorney General QUESTION: May an assistant public defender have a relationship with an existing law firm under certain specific and unique facts? […]

The Honorable Louie L. Wainwright Attorney General of Florida — Opinion October 17, 1984 Representing inmates, officers of court Jim Smith Attorney General The Honorable Louie L. Wainwright Secretary Department of Corrections 1311 Winewood Bouldevard Tallahassee, Florida 32301 Dear Secretary Wainwright: This is in response to your request for an Attorney General Opinion on substantially […]

William J. Roberts Attorney General of Florida — Opinion April 18, 1979 Recall of local officials Patricia R. Gleason Assistant Attorney General William J. Roberts General Counsel State Association of County Commissioners of Florida Tallahassee QUESTIONS: Does s. 100.361, F. S., authorize the recall of members of the governing body of all municipalities and charter […]

Stuart Simon, Dade County Attorney, Miami Attorney General of Florida — Opinion January 29, 1976 RE: MINORS REMOVAL OF DISABILITY OF NONAGE — TREATMENT OF DRUG ABUSE — DISABILITY NOT REMOVED TO ALLOW CONSENT TO OTHER MEDICAL TREATMENT Removal of disability of nonage and drug treatment Robert L. Shevin, Attorney General Prepared by: Caroline C. […]

Mr. David G. Conn Attorney Attorney General of Florida — Opinion January 8, 1992 Clerk of Court’s authority re tourist dev. tax Robert A. Butterworth Attorney General Mr. David G. Conn Attorney for Clerk of Court for St. Johns County QUESTION: Does the clerk of the court, as the designated local official to collect local […]

Mary Jill Hanson and Bonni S. Jensen Attorneys Attorney General of Florida — Opinion March 8, 1991 Retirement Plans Robert A. Butterworth Attorney General Mary Jill Hanson and Bonni S. Jensen Attorneys for Board of Trustees of the Palm Beach Gardens Police Officers’ Retirement Trust Fund QUESTION: Does s. 185.15, F.S., limit reentry into a […]

Mr. Franklin R. Harrison Attorney General of Florida — Opinion April 22, 1998 RE: SHERIFF — COUNTIES — FLORIDA CONTRABAND FORFEITURE ACT — TUITION — use of contraband forfeiture funds to pay tuition for sheriff’s office employees. ss. 932.701-932.707, Fla. Stat. Contraband forfeiture funds used to pay tuition Robert A. Butterworth Attorney General Mr. Franklin […]

Harold M. Wayne, St. Johns County Property Appraiser, St. Augustine Attorney General of Florida — Opinion June 19, 1975 RE: TAXATION OFFICER MUST COMPLY WITH PRESUMPTIVELY VALID STATUTE UNTIL DECLARED UNCONSTITUTIONAL OR REPEALED Statutes presumed valid Robert L. Shevin, Attorney General Prepared by: Zollie M. Maynard, Jr., Assistant Attorney General QUESTION: May a property appraiser, […]

Mr. Matthew D. Bordelon Attorney General of Florida — Opinion August 24, 1998 RE: SPECIAL DISTRICTS — FIRE CONTROL DISTRICTS — REFERENDA — requirements for referenda for independent special fire control district. Ch. 191, Fla. Stat., Ch. 80-603, Laws of Florida, as amended by Ch. 81-485, Laws of Florida. Special Districts, referenda requirements Robert A. […]

Charles J. Scriven Attorney General of Florida — Opinion February 21, 1978 Parole commission, waiver of interview Robert L. Shevin, Attorney General Prepared by: Joe Belitzky, Assistant Attorney General Charles J. Scriven Chairman Florida Parole and Probation Commission Tallahassee QUESTIONS: 1. May an inmate eligible under ss. 947.16 and 947.17, F. S., for consideration for […]

Ralph C. Dell Attorney General of Florida — Opinion January 10, 1978 Consent for abortion Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General Ralph C. Dell Attorney for The Hospital and Welfare Board of Hillsborough County Tampa QUESTION: May a pregnant, unmarried woman under 18 years of age execute a […]

Nancy Wittenberg Attorney General of Florida — Opinion December 22, 1978 Active duty military, licensing requirements Robert L. Shevin, Attorney General Prepared by: Joseph W. Lawrence II, Assistant Attorney General Nancy Wittenberg Secretary Department of Professional and Occupational Regulation Tallahassee QUESTION: Under what circumstances and means are members of the Armed Forces of the United […]

Ralph B. Wilson St. Lucie County Attorney Fort Pierce Attorney General of Florida — Opinion June 9, 1977 Firemen’s pension plan, governing board Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith Assistant Attorney General Joslyn Wilson Legal Research Assistant QUESTION: What effect would a change in the composition of the St. Lucie County-Fort […]

William J. Hudson, Jr., City Attorney, Cape Coral Attorney General of Florida — Opinion March 12, 1975 RE: MOTORBUS CARRIER REGULATION BY MUNICIPALITY OR PUBLIC SERVICE COMMISSION Regulation of motorbus carrier Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: What effect does the issuance of a certificate of public […]

Ray Howard, Chairman, Florida Parole and Probation Commission, Tallahassee Attorney General of Florida — Opinion August 9, 1974 RE: PUBLIC RECORDS APPLICABILITY TO CONFIDENTIAL RECORDS OBTAINED BY PAROLE AND PROBATION COMMISSION Confidential records obtained by parole commission Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General QUESTIONS: 1. Can the Florida […]

Harris G. Daniel, Clerk, Circuit Court, Kissimmee Attorney General of Florida — Opinion April 21, 1976 RE: COURT COSTS COUNTY NOT REQUIRED TO PAY COSTS OF NOTICE BY PUBLICATION FOR INDIGENTS Indigents and court costs Robert L. Shevin, Attorney General Prepared by: Michael H. Davidson, Assistant Attorney General QUESTION: Who is to bear the cost […]

Ted Williams, Pasco County Property Appraiser, Dade City Attorney General of Florida — Opinion June 17, 1975 RE: TAXATION CEMETERIES AND CEMETERY PROPERTIES — ALLOWABLE EXEMPTIONS Cemeteries and taxation Robert L. Shevin, Attorney General Prepared by: Winifred L. Wentworth, Assistant Attorney General, and M. Susan Potter, Legal Intern QUESTIONS: 1. Would any of the land […]

Mr. Les W. Burke Attorney General of Florida — Opinion February 10, 1983 Use of special law enforcement trust fund Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Les W. Burke County Attorney Bay County Post Office Box 1818 517 East Ninth Street Panama City, Florida 32401 Dear Mr. Burke: This […]

Mr. Paul N. Pappas Attorney General of Florida — Opinion December 29, 1983 Use of golf cart on highway system Jim Smith, Attorney General Prepared by: Joslyn Wilson,, Assistant Attorney General Mr. Paul N. Pappas Secretary Department of Transportation 605 Suwannee Street Tallahassee, Florida 32301-8064 Dear Mr. Pappas: This is in response to your request […]

David H. Pingree Attorney General of Florida — Opinion April 3, 1980 County health units; HRS Jim Smith, Attorney General Prepared by: Craig B. Willis, Assistant Attorney General David H. Pingree Secretary, Department of Health and Rehabilitative Services Tallahassee QUESTION: Are the county public health units established under the provisions of part I of ch. […]

Mr. Harry A. Jones Attorney General of Florida — Opinion November 3, 1999 RE: SPECIAL DISTRICTS — CONTRACTS — characterization of contracts. Contracts extending beyond governing body’s term Robert A. Butterworth Attorney General Mr. Harry A. Jones Legal Counsel North Brevard County Hospital District Post Office Box 6447 Titusville, Florida 32782-6447 Dear Mr. Jones: On […]

The Honorable Nevin G. Smith Attorney General of Florida — Opinion February 10, 1983 Positions created pursuant to F.S. 229.085(2) Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General The Honorable Nevin G. Smith Secretary of Administration The Carlton Building Tallahassee, Florida 32301 Dear Secretary Smith: This is in response to your request […]

Douglas L. Stowell, Secretary, Department of Professional and Occupational Regulation, Tallahassee Attorney General of Florida — Opinion March 6, 1975 RE: REGULATION OF PROFESSIONS POWER OF LICENSING BOARD TO PROVIDE BY RULE FOR SPECIALTY LICENSES Licensing board and specialty license Robert L. Shevin, Attorney General Prepared by: Carol L. Reilly, Assistant Attorney General QUESTION: Do […]

John O’Malley, Tamarac City Finance Director, Ft. Lauderdale Attorney General of Florida — Opinion July 22, 1974 RE: MUNICIPALITIES INVESTMENT OF MUNICIPAL FUNDS IN FEDERAL SAVINGS AND LOAN ASSOCIATIONS Investment of city funds in federal savings and loan Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: May a municipality […]

Ms. Lynn Park Assistant State Attorney Attorney General of Florida — Opinion December 20, 1991 Sunshine/Public Records; private corporation Robert A. Butterworth Attorney General Ms. Lynn Park Assistant State Attorney Nineteenth Judicial Circuit QUESTION: Is a private not-for-profit corporation, leasing the hospital facilities of a public hospital district under a lease which provides that it […]

Ms. Phyllis O. Douglas Dade County Public Schools Attorney Attorney General of Florida — Opinion February 14, 1995 RE: DADE COUNTY SCHOOL BOARD — SCHOOLS — LAW ENFORCEMENT — MUTUAL AID AGREEMENTS — LAW ENFORCEMENT AGENCIES — school board may not expand arrest powers of school security officers; school board is not law enforcement agency […]

Board of County Commissioners Attorney General of Florida — Opinion May 5, 1982 Reimbursement for travel expenses Jim Smith, Attorney General Prepared by: Linda Lettera, Assistant Attorney General Board of County Commissioners Sumter County Post Office Box 8 Bushnell, Florida 33513 Attention: Mr. James Guy Simmons, Director of Public Services Dear Mr. Simmons: This is […]

Mr. James H. Hicks Attorney Attorney General of Florida — Opinion November 3, 1989 Disposition of seized personal property Robert A. Butterworth Attorney General Mr. James H. Hicks Attorney for Palm Beach County Sheriff’s Office 1645 Palm Beach Lakes Boulevard Florida National Bank Tower, Suite 490 West Palm Beach, Florida 33401 Dear Mr. Hicks: You […]

G. Kenneth Gilleland Attorney General of Florida — Opinion December 11, 1979 Harvest of alligators by Seminoles or Miccosukees Martin S. Friedman Assistant Attorney General G. Kenneth Gilleland General Counsel Florida Game and Fresh Water Fish Commission Tallahassee QUESTION: Does the Seminole Indian Tribe have the authority, even though contrary to state law, to harvest […]

Mr. William R. Lisch Bradenton City Attorney Attorney General of Florida — Opinion May 10, 2004 RE: MUNICIPALITIES — TRAFFIC CONTROL — ROADS — GOLF CARTS-RETIREMENT COMMUNITIES — meaning of term self contained retirement community for purposes of statute authorizing use of golf carts on roads within such communities. ss. 316.2125, Fla. Stat. Golf carts […]

The Honorable Ralph D. Turlington Attorney General of Florida — Opinion March 8, 1984 License for out of state college Jim Smith Attorney General The Honorable Ralph D. Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301 Dear Commissioner Turlington: This is in response to your request for an opinion on substantially the following questions: […]

David W. Rynders, Pasco County Attorney, New Port Richey Attorney General of Florida — Opinion December 22, 1975 RE: COUNTIES MAY NOT APPOINT MORE THAN ONE SUPERINTENDENT OF COUNTY ROADS Superintendent of roads Robert L. Shevin, Attorney General Prepared by: Martin S. Friedman, Assistant Attorney General QUESTION: Is a board of county commissioners authorized to […]

Thomas A. Bustin City Attorney Attorney General of Florida — Opinion July 2, 1979 National banks, occupational licenses Maxie Broome, Jr. Assistant Attorney General Thomas A. Bustin City Attorney Clearwater QUESTION: Are national banks doing business in municipalities of this state subject to the occupational license tax provided for under s. 205.042, F. S., for […]

Mr. Gary E. Eckstine Attorney General of Florida — Opinion June 8, 1999 RE: AIRPORTS — COUNTIES — LEASES — county’s authority to lease non-aviation real property without competitive bid. s. 125.35, Fla. Stat. Bids, county’s lease of non-aviation property Robert A. Butterworth Attorney General Mr. Gary E. Eckstine Flagler County Attorney 1200 East Moody […]

Richard I. Lott Escambia County Attorney Pensacola Attorney General of Florida — Opinion November 17, 1977 Counties, home rule charter. general law Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason Assistant Attorney General Dennis J. Wall Legal Research Assistant QUESTIONS: 1. May a county charter provide for a board of county commissioners composed […]

Jack D. Kane, Executive Director, Department of General Services, Tallahassee Attorney General of Florida — Opinion October 29, 1974 RE: CAPITOL CENTER ENFORCEMENT OF LOCAL ORDINANCES THEREIN Capitol center and enforcement of local ordinances Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: Do the City of Tallahassee and Leon […]

Mr. J. David Langford City Attorney Attorney General of Florida — Opinion May 21, 1986 Annexation of property separated by body of water Jim Smith Attorney General Mr. J. David Langford City Attorney City of Avon Park 118 S. Anoka Avenue Avon Park, Florida 33825 Dear Mr. Langford: This is in response to your request […]

Mr. Laurence Feingold Miami Beach City Attorney Attorney General of Florida — Opinion June 15, 1994 RE: GOVERNMENT-IN-THE-SUNSHINE LAW — MEETINGS — TELEPHONES — BASS MUSEUM BOARD OF TRUSTEES — authority of member to participate in museum board meetings by telephone. s. 286.011, Florida Statutes. Board meeting participation by phone Robert A. Butterworth Attorney General […]

Louie L. Wainwright Secretary Department of Offender Rehabilitation Attorney General of Florida — Opinion February 8, 1977 Inmates, escapees, compensation for damages Robert L. Shevin, Attorney General Prepared by: Joe Belitzky Assistant Attorney General QUESTIONS: 1. Was s. 402.181, F. S., made applicable to the Department of Offender Rehabilitation by Ch. 75-49, Laws of Florida? […]

The Honorable Barry E. Krischer State Attorney Attorney General of Florida — Opinion April 6, 1995 RE: LOCAL GOVERNMENT CODE ENFORCEMENT ACT — COUNTIES — MUNICIPALITIES — county may enact ordinance enforcing its codes and ordinances pursuant to s. 162.21, F.S., making violations of such codes or ordinances civil infractions with civil penalties. s. 162.21, […]

The Honorable William N. Meggs State Attorney Attorney General of Florida — Opinion May 6, 1986 Driving while intoxicated, juveniles Jim Smith Attorney General The Honorable William N. Meggs State Attorney Second Judicial Circuit Suite 500, First Florida Bank Building Tallahassee, Florida 32301 Dear Mr. Meggs: This is in response to your request for an […]

Mr. John M. Milledge Attorney Attorney General of Florida — Opinion March 3, 2003 RE: COMMUNITY REDEVELOPMENT AGENCIES — SPECIAL DISTRICTS — applicability of exemption for special districts levying only ad valorem taxes to Children’s Services Council of Broward County. s. 163.387, Fla. Stat.; Chs. 00-461, 02-18 and 02-294, Laws of Florida. Community development, special […]

The Honorable Ernest Ellison Attorney General of Florida — Opinion February 13, 1981 Student Records Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General The Honorable Ernest Ellison Auditor General QUESTION: May the state educational agencies, without the written consent of the respective students, release to the Auditor General for official audit the […]

Mr. Joe H. Pickens, Attorney General of Florida — Opinion November 17, 1994 RE: PUBLIC SCHOOLS — PUBLIC RECORDS — COUNTY SCHOOLS — confidentiality of independent surveys conducted by the teacher’s union and provided unsolicited to the superintendent for use in employee evaluations of principals and assistant employees. section 231.291, F.S. Confidentiality of independent surveys […]

Mr. William J. Rish Attorney General of Florida — Opinion July 9, 1981 Affidavit of indigency Jim Smith, Attorney General Prepared by: Percy W. Mallison, Jr., Assistant Attorney General Mr. William J. Rish County Attorney Gulf County QUESTIONS: 1. Is the clerk of the circuit court responsible for investigating the accuracy of an affidavit of […]

Ms. Josefina M. Tamayo Attorney General of Florida — Opinion February 21, 2002 RE: COMMUNITY ALLIANCES — DEPARTMENT OF CHILDREN AND FAMILIES — SOVEREIGN IMMUNITY — whether members of community alliance created pursuant to s. 20.19(6), Fla. Stat., are covered by state’s waiver of immunity statute. ss. 20.19(6), and 768.28, Fla. Stat. Sovereign Immunity, community […]

Chief Richard Slaughter Attorney General of Florida — Opinion January 12, 1996 RE: LAW ENFORCEMENT OFFICERS — PUBLIC OFFICERS AND EMPLOYEES — ETHICS COMMISSION — PUBLIC RECORDS — POLICE STANDARDS AND TRAINING COMMISSION — confidentiality of police report after police investigation concluded and complaint referred to Ethics Commission; confidentiality of records after police department concludes […]

Kimberly Register Attorney Attorney General of Florida — Opinion November 24, 1993 Authority to reduce a local code enforcement fine Robert A. Butterworth Attorney General Kimberly Register Attorney City of Lake Worth Code Enforcement Board Fort Lauderdale QUESTION: Does a city commission have the authority to reduce a fine that is imposed by a local […]

William H. Keiser Attorney General of Florida — Opinion September 22, 1986 Dual officeholding, auxiliary police officer Jim Smith Attorney General To: William H. Keiser Chief of Police City of Port Richey QUESTION: May a city council member serve as a certified auxiliary police officer under the constitutional dual officeholding prohibition? SUMMARY: Until and unless […]

Mr. Charles C. Chillingworth Attorney General of Florida — Opinion August 7, 1990 RE: WATER CONTROL DISTRICTS — SPECIAL DISTRICTS — RECALL ELECTIONS — elections recall election for supervisor of water control district Water control district supervisor, recall election Robert A. Butterworth Attorney General Mr. Charles C. Chillingworth Pal-Mar Water Control District 2090 Palm Beach […]

Brian K. Lock. Attorney General of Florida — Opinion November 21, 2005. RE: LAW ENFORCEMENT — FLORIDA CONTRABAND FORFEITURE ACT — MUNICIPALITIES— use of contraband forfeiture trust funds for high school program on lawenforcement and legal studies; donation applicable to 15% requiredcontributions for law enforcement agencies acquiring at least $15,000under Act. s. 932.7055, Fla. Stat. […]

J. Ed Straughn, Executive Director, Department of Revenue, Tallahassee Attorney General of Florida — Opinion August 12, 1976 RE: TAXATION SUPPLIES OF TIRES AND SPARE PARTS HELD FOR USE IN LEASED VEHICLES TAXABLE AS INVENTORY; FUEL FOR LEASED VEHICLES TAXABLE AS TANGIBLE PERSONAL PROPERTY Spare parts as taxable inventory Robert L. Shevin, Attorney General Prepared […]

Honorable T. J. “Jerry” Greeson Attorney General of Florida — Opinion August 8, 1991 Subdivision Plats Robert A. Butterworth Attorney General Honorable T. J. “Jerry” Greeson Clerk of Circuit and County Courts Nassau County QUESTION: May the clerk of court refuse to record a subdivision plat which has been presented for recording pursuant to s. […]

The Honorable Jim Lowman Sheriff Attorney General of Florida — Opinion February 17, 1993 RE: SHERIFFS — PERSONNEL — ANNUAL AND SICK LEAVE — authority of sheriff to pay for unused leave of chief deputy sheriff. Sheriff’s Authority to pay unused leave of chief deputy Robert A. Butterworth Attorney General The Honorable Jim Lowman Sheriff, […]

The Honorable Janet Reno Attorney General of Florida — Opinion November 24, 1982 Authority to trade confiscated aircraft for vehicles Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistant Attorney General The Honorable Janet Reno State Attorney Metropolitan Dade County Justice Building 1351 N.W. 12th Street Miami, Florida 33125 Dear Ms. Reno: This is in […]

Mr. Robert C. Adamski Attorney General of Florida — Opinion October 29, 1982 Ordinance requiring resignation of unpaid board members Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. Robert C. Adamski City Attorney City of Cape Coral Post Office Box 88 4635 South Del Prado Boulevard Cape Coral, Florida 33910 Dear […]

Mr. Conrad C. Bishop, Jr. Attorney, Attorney General of Florida — Opinion August 2, 1993 RE: BAKER ACT — COUNTIES — INDIGENT PERSONS — MENTAL HEALTH: county’s responsibility for reimbursement of hospital cost for involuntary Baker Act commitment. Ch. 394 and s. 402.33, F.S. Hospital costs/involuntary Baker Act commitment Robert A. Butterworth Attorney General Mr. […]

Mr. Christopher C. Ford Attorney General of Florida — Opinion December 1, 1981 Special districts; F.S. 125.01(5) Jim Smith, Attorney General Prepared by: William D. Hall, Jr., Assistant Attorney General Mr. Christopher C. Ford Attorney for Lake County Board of County Commissioners QUESTIONS: 1. Due to the amendment of s. 125.01(5), F.S. by s. 1, […]

Mr. Edward J. Marko. Attorney General of Florida — Opinion July 29, 2010 RE: SCHOOL DISTRICTS — STUDENTS — CODE OF STUDENT CONDUCT — whether school district may distribute code of student conduct by placing it on-line. s. 1006.07, Fla. Stat. Mr. Edward J. Marko School Board Attorney K.C. Wright Administration Building 600 Southeast Third […]

The Honorable Janet Reno State Attorney Attorney General of Florida — Opinion October 18, 1988 Warrantless arrest by state attorney Robert A. Butterworth Attorney General The Honorable Janet Reno State Attorney Eleventh Judicial Circuit QUESTION: Is a state attorney investigator employed pursuant to s. 27.255, F.S., authorized by s. 901.15(11), F.S., as amended by s. […]

Jane C. Carroll, Broward County Supervisor of Elections, Fort Lauderdale Attorney General of Florida — Opinion July 10, 1974 RE: ELECTIONS PRECINCT OF REGISTRATION FOR ELECTORS WHO ARE RESIDENTS OF A COUNTY BUT DO NOT HAVE PERMANENT ADDRESSES THEREIN Electors who do not have permanent address in county Robert L. Shevin, Attorney General Prepared by: […]

Mr. Robert D. Guthrie County Attorney Attorney General of Florida — Opinion March 12, 1991 Convenience Store Security Act Robert A. Butterworth Attorney General Mr. Robert D. Guthrie County Attorney Brevard County Dear Mr. Guthrie: You ask the following questions: 1. Does the Convenience Store Security Act, sections 812.171–812.175, Florida Statutes. (1990 Supplement), prohibit a […]

David R. Ellspermann. Attorney General of Florida — Opinion. January 17, 2006 RE: CLERK OF COURT — PRISONERS — FINE AND FORFEITURE FUND — FINES — expenditure of funds from fine and forfeiture fund. ss. 129.02, 142.01, 925.08(5), 951.05, and 951.15, Fla. Stat. Court Clerk, expenditures from fine and forfeiture fund The Honorable David R. […]

Doyle Conner, Commissioner of Agriculture, Tallahassee Attorney General of Florida — Opinion May 6, 1976 RE: AGRICULTURE INSPECTION OFFICERS TRAINING STANDARDS FOR ROAD-GUARD INSPECTION SPECIAL OFFICERS Agricultural inspection officers Robert L. Shevin, Attorney General Prepared by: Staff QUESTIONS: 1. Will it meet the statutory requirements of s. 570.151(2), F. S., and Ch. 943, F. S., […]

Mr. Mark B. Roath North Port City Manager Attorney General of Florida — Opinion March 26, 2003 RE: LABOR NEGOTIATIONS — PUBLIC RECORDS — OPEN MEETINGS — PUBLIC OFFICERS AND EMPLOYEES — disclosure of information discussed at closed labor negotiation meeting. ss. 112.313, 447.605, and 839.26, F.S. Labor negotiation meeting, disclosure of information Charlie Crist […]

Heidi B. McCree. Attorney General of Florida — Opinion. January 25, 2006 RE: GOVERNMENT IN THE SUNSHINE LAW — ATTORNEY-CLIENT — MEDIATION — exemption for attorney-client discussions for pending litigation not applicable to non-litigation mediation. s. 286.011(8), Fla. Stat. Sunshine Law, attorney-client discussions Ms. Heidi B. McCree Chair, Southwest Florida Water Management District 2379 Broad […]

Emeline C. Acton County Attorney Attorney General of Florida — Opinion October 17, 1991 Convenience Store Security Robert A. Butterworth Attorney General Emeline C. Acton County Attorney QUESTION: Is Hillsborough County authorized to amend its current convenience store security ordinance to add a provision which states that “no sign shall be posed that states or […]

The Honorable Sharon Outland St. Johns County Attorney General of Florida — Opinion December 15, 2003 RE: TAXATION — SPECIAL ASSESSMENTS — PROPERTY APPRAISERS — effect of new law prorating assessments on subdivision’s common elements among lot owners. Ch. 2003-284, Laws of Florida Taxation, prorating assessments on common elements Charlie Crist Attorney General The Honorable […]

Mr. R.D. Smith Attorney General of Florida — Opinion July 8, 1983 Municipal police as law enforcement agency Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. R.D. Smith Chief of Police City of Perry Post Office Drawer 109 Perry, Florida 32347 Dear Chief Smith: This is in response to your request […]

Mr. Spencer B. Gilbert City Attorney Attorney General of Florida — Opinion July 31, 1985 Requiring contractors to post bond Jim Smith Attorney General Mr. Spencer B. Gilbert City Attorney City of Port St. Lucie City Hall Plaza Corner of Airoso and Port St. Lucie Blvds. Port St. Lucie, Florida 33452 Attention: Mr. Roger G. […]

William J. Page, Jr. Attorney General of Florida — Opinion August 15, 1978 Sovereign immunity, mental heath boards and clinics Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General William J. Page, Jr. Secretary Department of Health and Rehabilitative Services Tallahassee QUESTIONS: 1. Is a district mental health board a `state […]

Benjamin H. Groomes Director of Correctional Education Attorney General of Florida — Opinion March 9, 1992 Board of Correctional Education-closed meeting Robert A. Butterworth Attorney General Benjamin H. Groomes Director of Correctional Education QUESTION: Under what conditions may the Board of Correctional Education meet in “Executive Session” closed to the public? SUMMARY: The Board of […]

Judge C. Luckey, Jr. Public Defender Tampa Attorney General of Florida — Opinion November 2, 1977 Public funds, professional association dues Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith Assistant Attorney General QUESTIONS: 1. Does s. 216.345, F. S., authorize the payment of The Florida Bar dues for the public defender and his […]

Mr. Thomas Gerald Holley Washington County Attorney Attorney General of Florida — Opinion June 12, 1995 RE: COMMUNITY REDEVELOPMENT — MUNICIPALITIES — COUNTIES — TAXATION — county may not rescind contributions of incremental tax revenues to community redevelopment trust fund as long as there is outstanding indebtedness for which such revenues have been pledged. ss. […]

Bob Saunders, Chairman, Senate Ways and Means Committee, Gainesville Attorney General of Florida — Opinion January 13, 1975 RE: TAXATION TAX ON MOTOR VEHICLES AND MOBILE HOMES UNDER SOLDIERS’ AND SAILORS’ RELIEF ACT Soldiers’ and sailors’ relief act and taxation Robert L. Shevin, Attorney General Prepared by: J. Kendrick Tucker, Assistant Attorney General QUESTIONS: 1. […]

Ms. Jerri Blair. Attorney General of Florida — Opinion November 5, 2010 RE: MUNICIPALITIES — FEES — IMPACT FEES — SOLID WASTE COLLECTION — UTILITIES — use of impact fees for other purposes. s. 163.31801, Fla. Stat. Ms. Jerri Blair City Attorney City of Wildwood Post Office Box 130 Tavares, Florida 32778-0130 Bill McCollum, Attorney […]

Dr. Stephen J. Nelson Attorney General of Florida — Opinion June 6, 2003 RE: AUTOPSIES — PUBLIC RECORDS — disclosure of autopsy photographs or videotapes to non-public agencies. s. 406.135, Fla. Stat. Disclosure of autopsy photos/videotapes Charlie Crist Attorney General Dr. Stephen J. Nelson, M.A., M.D., F.C.A.P. Chairman Medical Examiners Commission Florida Department of Law […]

Mr. Paul J. Nicoletti Town Attorney Attorney General of Florida — Opinion May 20, 2002 RE: MUNICIPALITIES TAXATION CENSUS HALF-CENT SALES TAX CLEARING TRUST FUND redistribution of sales tax funds based on change in population certification. ss. 218.60, 218.61, Fla. Stat.; Part VI, Ch. 218, Fla. Stat. Census correction, redistribution of sales tax Robert A. […]

Mr. Fred S. Disselkoen, Jr. and Mr. James M. Patterson Attorney General of Florida — Opinion August 15, 1990 RE: LAW ENFORCEMENT OFFICERS — LAW ENFORCEMENT OFFICERS’ BILL OF RIGHTS — applicability of law enforcement officers’ bill of rights to initial statement by police officer after duty-related incident. s. 112.532, F.S. Law enforcement officers’ bill […]