Category: Florida Attorney General Opinions

The Honorable Howard E. Futch Senator Attorney General of Florida — Opinion July 8, 2002 RE: MOTOR VEHICLES UNIFORM TRAFFIC CONTROL LAW regulation of motorized scooters in light of legislative amendment. s. 316.003, Fla. Stat.; Ch. 02-20, Laws of Florida. Motorized scooters, regulation of Robert A. Butterworth Attorney General The Honorable Howard E. Futch Senator, […]

Edward L. Gerson Attorney General of Florida — Opinion June 29, 1978 Municipalities, special taxing districts Robert L. Shevin, Attorney General Prepared by: Dennis J. Wall, Assistant Attorney General Edward L. Gerson City Attorney Punta Gorda QUESTION: Does the City of Punta Gorda have the authority to create a special taxing district for canal and […]

Mr. E. William Crotty Attorney Attorney General of Florida — Opinion November 19, 1993 Halifax Hospital Medical Center Robert A. Butterworth Attorney General Mr. E. William Crotty Attorney for Halifax Medical Center Daytona Beach QUESTION: 1. Does Halifax Hospital Medical Center have the authority to establish a not-for-profit corporation to provide employee staffing and management […]

Sam J. Colding, Collier County Tax Assessor, Naples Attorney General of Florida — Opinion June 25, 1974 RE: TAXATION EXEMPTION FOR SWIMMING POOL USED FOR THERAPEUTIC PURPOSES Exemption for pool used for therapeutic purposes Robert L. Shevin, Attorney General Prepared by: Winifred L. Wentworth, Assistant Attorney General, and M. Susan Potter, Legal Intern QUESTION: Is […]

Mr. Daniel S. McIntyre Attorney General of Florida — Opinion September 14, 1998 RE: COUNCILS ON AGING — MEETINGS — GOVERNMENT IN THE SUNSHINE LAW — applicability of open meetings law to county council on aging. ss. 430.201–430.207, Fla. Stat. Sunshine Law-county council on aging Attention: Ms. Katherine Mackenzie-Smith, Assistant County Attorney Robert A. Butterworth […]

Mr. Jeffrey D. DeBoer Attorney General of Florida — Opinion January 18, 1989 Requiring certain service operators to be plumbers Robert A. Butterworth Attorney General Mr. Jeffrey D. DeBoer Building Director Division of Community Development Building Department 18500 Murdock Circle Port Charlotte, Florida 33948-1094 Dear Mr. DeBoer: You have asked my opinion on substantially the […]

W. Michael Brinkley Assistant City Attorney Attorney General of Florida — Opinion November 3, 1993 Municipal Police Officers’ Retirement Trust Fund Robert A. Butterworth Attorney General W. Michael Brinkley Assistant City Attorney City of Plantation Fort Lauderdale QUESTION: May the City of Plantation invest a portion of its Municipal Police Officers’ Retirement Trust Fund and […]

Vernon R. Bishop Attorney General of Florida — Opinion December 21, 1978 Sovereign immunity, special districts Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General Vernon R. Bishop Director South Walton County Mosquito Control District Santa Rosa Beach QUESTIONS: 1. Can a member of the board of commissioners of a mosquito […]

Ms. Haylee A. Albert Attorney General of Florida — Opinion February 5, 1999 RE: SCHOOLS — EMINENT DOMAIN — payment of moving expenses as just compensation for taking of private property. ss. 235.05, 236.29 and 237.02, Fla. Stat. Schools/Eminent Domain, payment of moving expenses Robert A. Butterworth Attorney General Ms. Haylee A. Albert Orange County […]

Mr. Tom F. Barry Attorney General of Florida — Opinion October 2, 1997 RE: DEPARTMENT OF TRANSPORTATION — MUNICIPALITIES — UTILITIES — STORMWATER MANAGEMENT — authority of municipality to impose stormwater utility fee on state agency. s. 403.0893, Fla. Stat. Municipality imposing stormwater fee on state agency Robert A. Butterworth Attorney General Mr. Tom F. […]

Mr. Paul R. Green Attorney Attorney General of Florida — Opinion May 29, 1987 Payment of services of civil service board Robert A. Butterworth Attorney General Mr. Paul R. Green Attorney for Santa Rosa County School Board Post Office Box 605 Milton, Florida 32572 Dear Mr. Green: You have asked the following question: DOES s. […]

Mr. Thomas E. Shipp, Jr. Fort Myers Beach Fire Control Attorney General of Florida — Opinion January 16, 1991 RE: PUBLIC RECORDS — STATE, DEPARTMENT OF — facsimiles of documents when copies for more permanence may be treated as intermediate documents which may be destroyed. Records, facsimiles of documents Robert A. Butterworth Attorney General Mr. […]

The Honorable Bob Graham Attorney General of Florida — Opinion July 8, 1981 Executive order as binding order Jim Smith, Attorney General Prepared by: John Griffin, Assistant Attorney General The Honorable Bob Graham Governor, State of Florida The Honorable Vicki Tschinkel Secretary, Department of Environmental Regulation QUESTIONS: 1. Can the Governor by executive order and […]

Rob Turner. Attorney General of Florida — Opinion July 6, 2009 RE: CONDOMINIUMS — AD VALOREM TAXATION — COMMON ELEMENTS — Assessment of “limited” common elements in a condominium. ss. 193.023 and 718.120, Fla. Stat. The Honorable Rob Turner Hillsborough County Property Appraiser County Center, 16th Floor 601 East Kennedy Boulevard Tampa, Florida 33602-4932 Bill […]

Mr. Russell D. Castleberry Putnam County Attorney Attorney General of Florida — Opinion October 23, 1996 RE: COUNTIES — TAXATION — OCCUPATIONAL LICENSE TAX — ORDINANCES — authority of county to adopt new occupational license tax ordinance. ss. 205.0315 and 205.0535, Fla. Stat. (1995). County’s adoption of new occupational license tax Robert A. Butterworth Attorney […]

Interim Police Chief Ronnie Bishop Attorney General of Florida — Opinion February 13, 2004 RE: LAW ENFORCEMENT OFFICERS — TRESPASS — PROPERTY — authority of law enforcement officer to communicate order to leave private property on behalf of private landowner. ss. 810.08 and 810.09, Fla. Stat. Law Enforcement Officer, trespass on private property Charlie Crist […]

Ms. Maureen George Attorney General of Florida — Opinion February 9, 2000 RE: SCHOOL DISTRICTS — SCHOOL BOARDS — INSURANCE — TRUSTS — authority of school board to self-insure through risk management trust. s. 230.23(10)(l), Fla. Stat. School Boards, self-insurance Robert A. Butterworth Attorney General Ms. Maureen George Escambia County School Board Attorney Post Office […]

The Honorable Charlie Attorney General of Florida — Opinion October 28, 1986 Authority of clerk to copyright software Jim Smith Attorney General The Honorable Charlie Green Clerk of Courts Lee County Post Office Box 2469 Fort Myers, Florida 33902 Dear Mr. Green: This is in response to your request for an opinion on substantially the […]

Mr. Randy Ludacer Monroe County Attorney Attorney General of Florida — Opinion December 10, 1993 RE: FLORIDA VOLUNTEER PROTECTION ACT — VOLUNTEERS — COUNTIES — PUBLIC EMPLOYEES — SOVEREIGN IMMUNITY — volunteer who receives stipend other than reimbursement of actual expenses not covered by Florida Volunteer Protection Act. Florida Volunteer Protection Act Robert A. Butterworth […]

Mr. John C. Ford. Attorney General of Florida — Opinion December 13, 2005 RE: TELEPHONES — FEES — EMERGENCIES — FLORIDA WIRELESS 911 BOARD — authority of Florida Wireless 911 Board to sue; responsibility of Wireless 911 providers to collect and remit fees. ss. 365.172—365.174, Fla. Stat. Wireless 911 Board, authority to sue/collect fees Mr. […]

Mr. Charles T. Whitelock Attorney General of Florida — Opinion June 5, 1998 RE: MUNICIPALITIES — DRUGS — PUBLIC OFFICERS AND EMPLOYEES — authority of municipality to adopt drug-free workplace policy. ss. 112.0455, 440.101–440.102, Fla. Stat.; Ch. 298, Fla. Stat. Municipality, adoption of drug free workplace policy Robert A. Butterworth Attorney General Mr. Charles T. […]

Gaylord A. Wood, Jr., Parkland City Attorney, Ft. Lauderdale Attorney General of Florida — Opinion April 18, 1975 RE: SPECIAL DISTRICTS CREATION OF WATER MANAGEMENT DISTRICT IN CHARTER COUNTY Charter county and water management district Robert L. Shevin, Attorney General Prepared by: David M. Hudson, Assistant Attorney General QUESTION: May a special water management district […]

Ralph B. Wilson, St. Lucie County Attorney, Fort Pierce Attorney General of Florida — Opinion April 18, 1974 RE: COUNTIES — COSTS OF DEFENDING CRIMINAL CHARGES AGAINST COUNTY OFFICERS Costs of defending criminal charges and officials Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: Can the board of county […]

John B. Fuller Attorney Attorney General of Florida — Opinion October 30, 1992 Public housing authority withhold its records Robert A. Butterworth Attorney General John B. Fuller Attorney for the Ocala Housing Authority QUESTION: May a public housing authority withhold its records from disclosure on the grounds that the records have been subpoenaed by the […]

The Honorable Curtis A. Golden Attorney General of Florida — Opinion January 11, 2002 RE: SECURITY OF COMMUNICATIONS LAW-TELEPHONES- authority to intercept incoming and outgoing nonemergency telephone calls. Ch. 934, Fla. Stat.; s. 934.03, Fla. Stat. State attorney, Interception of telephone calls Robert A. Butterworth Attorney General The Honorable Curtis A. Golden State Attorney First […]

Mr. Larry Helm Spalding Attorney General of Florida — Opinion June 8, 1988 Capital Collateral Representative and public records Robert A. Butterworth Attorney General Mr. Larry Helm Spalding Capital Collateral Representative 1533 South Monroe Street Tallahassee, Florida 32301 Dear Mr. Spalding: This is in response to your request for assistance in resolving substantially the following […]

Mr. William D. Townsend Attorney General of Florida — Opinion February 13, 1985 Care and maintenance trust funds for cemeteries Jim Smith Attorney General Mr. William D. Townsend General Counsel Department of Revenue The Carlton Building Tallahassee, Florida 32301 Dear Mr. Townsend: This is in response to a request from Larry Levy, the former General […]

Ms. Betty McKendree Chairperson Board of Trustees Attorney General of Florida — Opinion May 2, 1989 Hospital and employees covered under 768.28 F. S. Robert A. Butterworth Attorney General Ms. Betty McKendree Chairperson Board of Trustees Nassau General Hospital 1700 East Lime Street Fernandina Beach, Florida 32034 Dear Ms. McKendree: You have asked substantially the […]

Mr. Garth C. Coller Attorney General of Florida — Opinion March 28, 2001 RE: CONTRACTORS — COUNTIES — CONSTRUCTION INDUSTRY LICENSING BOARD — exemption from local licensure when working under the supervision of a registered or certified contractor on a single-family home. ss. 489.105, 489.113 and 489.117, Fla. Stat. Drywall installer under contractor’s supervision Robert […]

Richard B. Shore Clerk Circuit Court Bradenton Attorney General of Florida — Opinion November 17, 1977 Counties, accounting practices Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: Is the Department of Banking and Finance authorized under s. 218.33(2), F. S., to promulgate rules and regulations providing for uniform accounting practices and procedures and classification […]

Fred S. Disselkoen, Jr. City Attorney Attorney General of Florida — Opinion March 26, 1991 Deannexation of Vacant Real Property Robert A. Butterworth Attorney General Fred S. Disselkoen, Jr. City Attorney City of Ormond Beach QUESTION: May a municipality enact an ordinance to deannex a corridor of vacant real property previously annexed by an ordinance […]

Mr. Scott Ellis. Attorney General of Florida — Opinion January 4, 2010 RE: CLERK OF COURT — INDEXING — TAXATION — LIENS — TAX LIENS — RECORDING — authority of clerk of court to index notice of federal tax lien as “lien.” ss. 28.222 and 713.901, Fla. Stat.; Ch. 695, Fla. Stat. Mr. Scott Ellis […]

Mr. John Kopelousos Attorney General of Florida — Opinion February 5, 1998 RE: GAMBLING — LOTTERIES — SLOT MACHINES — GAME PROMOTIONS — legality of machine dispensing telephone card which also includes a sweepstakes ticket. ss. 849.094, 849.16, Fla. Stat. Slot machines, phone cards with sweepstakes ticket Robert A. Butterworth Attorney General JAMES D. COLE, […]

Honorable Martha O. Haynie Orange County Comptroller Attorney General of Florida — Opinion April 16, 1991 Expungement of Court Order / Official Records Robert A. Butterworth Attorney General Honorable Martha O. Haynie Orange County Comptroller QUESTION: 1. Is the clerk of circuit court authorized to expunge a court order from the Official Records, in the […]

Ms. Cynthia S. Prettyman General Counsel The School Board Attorney General of Florida — Opinion February 19, 1996 RE: DISTRICT SCHOOL SYSTEM — SCHOOL SUPERINTENDENTS — SCHOOL BOARDS — authority of school board members to make recommendations of policy. ss. 230.22, 230.23, 230.32, and 230.33, Fla. Stat. School board members, policy recommendations Robert A. Butterworth […]

Eugene T. Whitworth Attorney General of Florida — Opinion June 18, 1980 Enhanced penalty statute Jim Smith, Attorney General Prepared by: Charles A. Stampelos, Assistant Attorney General Eugene T. Whitworth State Attorney Gainesville QUESTION: Do the provisions of s. 316.193(2)(b) and (c), F. S., mandate that the statutory time periods be measured from the date […]

The Honorable John W. Mikos Sarasota County Property Appraiser Attorney General of Florida — Opinion May 15, 1996 RE: RECORDS — E-mail made or received by agency in connection with transaction of official business is public record. s. 119.011(2), Fla. Stat. (1995). Records, e-mail made or received by public agency Robert A. Butterworth Attorney General […]

Mr. James G. Yaeger Attorney General of Florida — Opinion January 13, 2000 RE: COUNTIES — CHARTERS — ELECTIONS — BOARD OF COUNTY COMMISSIONERS — charter amendment to allow nonpartisan election of board of county commissioners. Art. VIII, s. 1(g), Fla. Const. Nonpartisan election of county commissioners Robert A. Butterworth Attorney General Mr. James G. […]

Ms. Heather W. Hawkins. Attorney General of Florida — Opinion October 21, 2008 RE: SCHOOL DISTRICTS — JESSICA LUNSFORD ACT — CONTRACTORS — UTILITIES — BACKGROUND SCREENING — FINGERPRINTING — whether requirements for background screening apply to utility company employees with access to school grounds. ss. 1012.467 and 1012.468, Fla. Stat. Ms. Heather W. Hawkins […]

F. W. Culbertson, Chairman, Sanitarians’ Registration Board, Jacksonville Attorney General of Florida — Opinion November 26, 1975 RE: REGULATION OF PROFESSIONS EXAMINATION FEES — WHEN REFUNDABLE Regulation of professional examination fees Robert L. Shevin, Attorney General Prepared by: Patricia S. Turner, Assistant Attorney General QUESTIONS: 1. Is an applicant’s surviving spouse or estate entitled to […]

Fred W. Baggett, General Counsel, Florida Association of Court Clerks, Tallahassee Attorney General of Florida — Opinion October 30, 1975 RE: COUNTY RECORDS PROBATE RECORDS TO BE RECORDED BY COUNTY COMPTROLLER Recordation of probate records Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General, and Marty Friedman, Legal Research Assistant QUESTION: […]

William M. Gillespie, Senator, 10th District, New Smyrna Beach Attorney General of Florida — Opinion March 1, 1974 RE: NOTARIES PUBLIC — MAY NOT ADMINISTER OATH TO SELF AS WITNESS TO A WILL Oath of notary public Robert L. Shevin, Attorney General Prepared by: Michael Parrish, Assistant Attorney General QUESTION: May a notary public before […]

J. B. Walkup, Jr. McIntosh Town Attorney Ocala Attorney General of Florida — Opinion December 30, 1977 Antinepotism Law, voting abstention Robert L. Shevin, Attorney General Prepared by: Jerald S. Price Assistant Attorney General QUESTIONS: 1. Would s. 116.111, F. S. (the Antinepotism Law) be violated if a municipal governing body employs the wife of […]

Reubin O’D. Askew Attorney General of Florida — Opinion March 2, 1978 Dual officeholding, two boards Robert L. Shevin, Attorney General Prepared by: Staff Reubin O’D. Askew Governor Tallahassee QUESTION: May a member of the Board of Trustees of the Dade County Public Health Trust also serve on the Board of Business Regulation? SUMMARY: A […]

Chester F. Blakemore Attorney General of Florida — Opinion December 23, 1980 Traffic laws on federal reservation 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: Is the Department of Highway Safety and Motor Vehicles authorized by […]

Ms. Emeline C. Acton Attorney General of Florida — Opinion February 2, 2001 RE: COUNTIES — CHARTER — MILLAGE — BUDGET — establishment of budget cap in charter with provision for overriding cap by affirmative vote of six of seven county commissioners. Chs. 129 and 200, Fla. Stat.; s. 200.001, Fla. Stat. County operating budget […]

William E. Brant Palm Beach Gardens City Attorney Lake Park Attorney General of Florida — Opinion May 19, 1977 Employment applications, public records Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith Assistant Attorney General QUESTIONS: 1. Does the holding of Wisher v. News-Press Publishing Co., 310 So.2d 345 (2 D.C.A. Fla., 1975), extend […]

Mr. Michael A. Rider Attorney Attorney General of Florida — Opinion July 8, 1985 Service charge charged by clerk from gas tax money Jim Smith Attorney General Mr. Michael A. Rider Attorney for Glades County Board of County Commissioners 13 Oak Street Post Office Box 608 Lake Placid, Florida 33852 Dear Mr. Rider: This is […]

Robert Eagan Attorney General of Florida — Opinion April 26, 1978 Access to migrant labor camp Robert L. Shevin, Attorney General Prepared by: Wallace E. Allbritton, Assistant Attorney General Robert Eagan State Attorney Orlando QUESTION: May an owner deny access to persons who wish to communicate with migrant farm laborers at a migrant labor camp? […]

Mr. John Henry Jones Attorney General of Florida — Opinion June 15, 1982 Installation of roof by general contractor Jim Smith, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General Mr. John Henry Jones Chairman Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 Attention: Mr. J.K. Linnan, Executive Director Dear Mr. […]

Mr. Kenneth J. Plante General Counsel Attorney General of Florida — Opinion May 18, 1995 RE: ENVIRONMENTAL PROTECTION, DEPARTMENT OF — CORRECTIONS, DEPARTMENT OF — CORRECTIONAL FACILITIES — STATE LANDS — appraisal review by state lands division not required for acquisition of sites for correctional institutions; appraisal reviewed by appraiser hired by corrections qualifies as […]

James Yaeger Lee County Attorney Ft. Myers Attorney General of Florida — Opinion March 27, 1979 Tourist development tax, usage Cecil Davis Assistant Attorney General James Yaeger Lee County Attorney Ft. Myers QUESTIONS: 1. May a county use the tax revenues from the tourist development tax solely for the maintenance of existing publicly owned and […]

Terrell Sessums, Speaker, House of Representatives, Tallahassee Attorney General of Florida — Opinion February 8, 1974 RE: SOVEREIGN IMMUNITY — LIABILITY FOR AUTOMOBILE DAMAGE FROM ACCIDENT OR TORT Sovereign immunity and automobile damage Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTIONS: 1. Is the House Of Representatives legally required […]

The Honorable Sam J. Colding Attorney General of Florida — Opinion July 31, 1986 Payment of tax on 99 year lease Jim Smith Attorney General The Honorable Sam J. Colding Property Appraiser Collier County 3301 Tamiami Trail East Naples, Florida 33962-4902 Dear Mr. Colding: This is in response to your request for an opinion on […]

Mr. Robert R. McDonald Attorney General of Florida — Opinion April 30, 1998 RE: COUNTIES — PUBLIC FUNDS — ELECTIONS — CONSTITUTION — payment of county funds to nonprofit corporation to support constitutional amendment. s. 125.01, Fla. Stat.; Art. VII, s. 10, Fla. Const. County funds to support constitutional amendment Robert A. Butterworth Attorney General […]

Mr. Timothy J. Sloan. Attorney General of Florida — Opinion December 29, 2010 RE: Municipalities-Home Rule-Charter-Referendum-amendment of charter to alter manner in which city council members elected subject to referendum approval. ss. 166.021(4) and 166.031, Fla. Stat. Mr. Timothy J. Sloan Parker City Attorney Post Office Box 2327 Panama City, Florida 32402-2327 Bill McCollum, Attorney […]

Mr. Frank A. Kreidler Attorney General of Florida — Opinion April 29, 1981 Reading of ordinance Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Frank A. Kreidler City Attorney City of Lake Worth QUESTION: May the City Commission of the City of Lake Worth, without a change in the city’s present […]

Ms. Lisa Echeverri Attorney General of Florida — Opinion April 22, 2010 RE: VALUE ADJUSTMENTS BOARDS — SPECIAL MAGISTRATES — GOVERNMENT IN THE SUNSHINE LAW — PUBLIC MEETINGS — applicability of section 286.011, Fla. Stat., to special magistrates acting on behalf of value adjustment boards. ss. 194.015 and 194.035, Fla. Stat. Ms. Lisa Echeverri Executive […]

Mr. Marion J. Radson Attorney General of Florida — Opinion January 29, 1990 RE: PUBLIC RECORDS — MUNICIPALITIES — municipal police department may not routinely charge for travel time and retrieval costs for public records stored off-premises. Retrieval costs when public records stored off premises Robert A. Butterworth Attorney General Mr. Marion J. Radson City […]

Julian B. Lane, Senator, 23rd District, Tampa Attorney General of Florida — Opinion January 8, 1974 RE: UNIVERSITIES — SALE OF BEER ON CAMPUS OF UNIVERSITY OF SOUTH FLORIDA Sale of beer on campus Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: May beer be sold for on-the-premises consumption […]

Buddy C. Alexander Attorney General of Florida — Opinion May 2, 1979 County jail equipment, maintenance responsibility Joslyn Wilson Assistant Attorney General Buddy C. Alexander Clerk Circuit Court Punta Gorda QUESTION: Who is responsible for the repair or replacement of equipment located within the county jail? SUMMARY: A sheriff is responsible under the statute for […]

Mr. Lee McGehee Chief of Police Ocala Police Department Attorney General of Florida — Opinion April 9, 1993 RE: LOST OR ABANDONED PROPERTY — MUNICIPALITIES — POLICE DEPARTMENTS: no general obligation for police department to collect, store or dispose of lost or abandoned property located on private property. Ch. 705, 715 and 717, F.S. s. […]

Mr. William J. Nielander. Attorney General of Florida — Opinion February 25, 2011 RE: Special Districts-Water Control Districts-Mosquito Control-authority of water control district to provide arthropod control. Ch. 2005-343, Laws of Fla.; s. 298.22 and Ch. 298, Fla. Stat. Mr. William J. Nielander 172 East Interlake Boulevard Lake Placid, Florida 33852 Pam Bondi, Attorney General […]

Mr. Gordon B. Johnston Marion County Attorney Attorney General of Florida — Opinion July 12, 2004 RE: COUNTIES — COUNTY FUNDS — PUBLIC FUNDS — SHERIFF — LAW ENFORCEMENT — GIFTS — donations to county placed in county general revenue fund are county funds and must be expended for public purpose; if county makes requisite […]

Mr. Conrad C. Bishop, Jr. Attorney General of Florida — Opinion March 18, 1983 Federal grant; authority to sell real property Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Conrad C. Bishop, Jr. County Attorney Lafayette County Post Office Box 167 Perry, Florida 32347 Dear Mr. Bishop: This is in response […]

Mr. Stephen A. Melnick Attorney General of Florida — Opinion February 9, 1995 RE: SAFETY BELTS — MOTOR VEHICLES — HIGHWAY SAFETY — TRAFFIC VIOLATIONS — HIGHWAY SAFETY AND MOTOR VEHICLES, DEPARTMENT OF — MUNICIPALITIES — municipality preempted from enacting ordinance that makes failure to wear safety belt while operating vehicle a primary offense. s. […]

Ernest Ellison Auditor General Tallahassee Attorney General of Florida — Opinion November 17, 1977 Public officials, fee collection, time Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason Assistant Attorney General QUESTION: Where services primarily benefiting a private party are performed by a public agency prior to the payment for the services by said […]

John R. Weed Taylor County Attorney Attorney General of Florida — Opinion November 26, 1979 Cattle gaps, construction and maintenance Joslyn Wilson Assistant Attorney General John R. Weed Taylor County Attorney Perry QUESTIONS: 1. May the Board of County Commissioners of Taylor County build or maintain cattle gaps on or across county roads with county […]

J. H. Roberts, Jr., City Attorney, Lakeland Attorney General of Florida — Opinion November 16, 1976 RE: MUNICIPALITIES ZONING — PROCEDURE FOR REZONING PROPERTY WHEN REZONING IS AT OWNER’S REQUEST SAME AS FOR OTHER REZONING Municipalities and request for rezoning Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: Must […]

The Honorable Janet Reno State Attorney Attorney General of Florida — Opinion March 1, 1988 State attorneys as law enforcement officers Robert A. Butterworth Attorney General The Honorable Janet Reno State Attorney Metropolitan Justice Building 1351 Northwest 12th Street Miami, Florida 33125 Dear Ms. Reno: Thank you for considering this office as a source for […]

Mr. James C. Brady Lauderdale Lakes City Attorney Attorney General of Florida — Opinion March 24, 2004 RE: MEDICAL RECORDS — PUBLIC RECORDS — EMERGENCY MEDICAL SERVICES — PATIENT RECORDS — MUNICIPALITIES — CITY COMMISSIONERS — nature of emergency medical services records. s. 401.30, Fla. Stat. Emergency medical services records Charlie Crist Attorney General Mr. […]

The Honorable Frank L. Stone Attorney General of Florida — Opinion August 9, 1989 Addition of ad valorem tax millage to tax roll Robert A. Butterworth Attorney General The Honorable Frank L. Stone Calhoun County Property Appraiser 425 Central Avenue, Room 112 Blountstown, Florida 32424 Dear Mr. Stone: As Property Appraiser for Calhoun County you […]

Mr. Daniel J. Bosanko Assistant County Attorney Attorney General of Florida — Opinion December 7, 1995 RE: REAL PROPERTY — PROPERTY RIGHTS — BERT J. HARRIS, JR. PRIVATE PROPERTY RIGHTS PROTECTION ACT — recovery of damages to property that is not the subject of governmental action or regulation, but which may have incidentally suffered a […]

Douglas R. Bell Attorney for Central Broward Drainage District Attorney General of Florida — Opinion June 8, 1992 Central Broward Drainage District/cause of action Robert A. Butterworth Attorney General Douglas R. Bell Attorney for Central Broward Drainage District QUESTION: 1. Is the Central Broward Drainage District authorized by either its Charter or General Law to […]

O. J. Keller, Secretary, Department of Health and Rehabilitative Services, Tallahassee Attorney General of Florida — Opinion March 19, 1975 RE: CORRECTIONAL SYSTEM SALE OF PRISON-MADE PRODUCTS TO FLORIDA GOVERNMENTAL AGENCIES Sale of prison-made products to agencies Robert L. Shevin, Attorney General Prepared by: Halley B. Lewis, Assistant Attorney General QUESTION: Is the Division of […]

Mr. Joel S. Moss Attorney General of Florida — Opinion November 10, 1983 Civil service board; home rule Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. Joel S. Moss Town Attorney Town of Melbourne Beach Post Office Box 370 Melbourne, Florida 32901 Dear Mr. Moss: This is in response to your […]

Mr. Joseph C. Shoemaker Attorney General of Florida — Opinion June 19, 2001 RE: SCHOOL BOARDS — UNIONS — whether statute precludes payroll deductions for contributions to political action committee. s. 447.303, Fla. Stat. Payroll deductions for political contributions Robert A. Butterworth Attorney General Mr. Joseph C. Shoemaker Lake County School Board Attorney Post Office […]

James H. Williams, Secretary, Department of Administration, and Gerald A. Lewis, Comptroller, Tallahassee Attorney General of Florida — Opinion March 10, 1976 RE: TRAVEL EXPENSES ASSIGNMENT OF CIRCUIT JUDGE TO SPECIFIC COUNTY IN CIRCUIT — MAY QUALIFY AS “OFFICIAL HEADQUARTERS” Circuit judge and travel expenses Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, […]

Mr. Timothy P. Driscoll. Attorney General of Florida — Opinion. May 5, 2006 RE: MUNICIPALITIES — FISH AND WILDLIFE CONSERVATION COMMISSION — VESSELS — authority to remove derelict vessels. ss. 705.101, 376.15, 823.11, 327.70, Fla. Stat. Mr. Timothy P. Driscoll Gulfport City Attorney 146 Second Street North Suite 202-A St. Petersburg, Florida 33701 Charlie Crist, […]

Ernest Ellison, Auditor General, Tallahassee Attorney General of Florida — Opinion April 29, 1974 RE: TRAVEL EXPENSES DISTRICT COURT OF APPEAL JUDGE MAY NOT HAVE DESIGNATED “OFFICIAL HEADQUARTERS” OTHER THAN HEADQUARTERS CITY OF COURT Official headquarters for DCA judge Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: May the “official headquaters” of a judge […]

Mr. John D. Cassels, Jr. Attorney General of Florida — Opinion April 16, 1999 RE: MIGRANT FARMWORKER HOUSING — ZONING — COUNTIES — county’s authority to zone property for migrant farmworker housing. ss. 125.01 and 381.00896, Fla. Stat. Zoning, migrant farmworker housing Robert A. Butterworth Attorney General Mr. John D. Cassels, Jr. Okeechobee County Attorney […]

J. Jackson Walter Executive Director Department of Business Regulation Tallahassee Attorney General of Florida — Opinion October 20, 1977 Mobile home tenant-landlord commission, status Robert L. Shevin, Attorney General Prepared by: Martin S. Friedman Assistant Attorney General QUESTIONS: 1. Given that the commission was created with the Department of Business Regulation (s. 4(1) Ch. 77-49, […]

Mr. Douglas M. Wyckoff. Attorney General of Florida — Opinion May 22, 2008. RE: MOSQUITO CONTROL DISTRICTS — COMPENSATION — RETIREMENT — reimbursement of mosquito control district commissioners for expenditures for office supplies; provision of office equipment; payment of retirement contributions. s. 388.141, Fla. Stat. Mr. Douglas M. Wyckoff Attorney Anastasia Mosquito Control District of […]

Bruce A. Smathers Secretary of State Tallahassee Attorney General of Florida — Opinion May 4, 1977 Felony conviction on appeal, voting Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason Assistant Attorney General QUESTION: Does a conviction of a felony disqualify the defendant as an elector during the pendency of an appeal from such […]

Charles F. Wheeler, City Attorney, Venice Attorney General of Florida — Opinion February 20, 1975 RE: SUNSHINE LAW TAPE RECORDING MUST BE TRANSCRIBED TO WRITTEN MINUTES Transcribing tape recorded minutes Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General QUESTION: Is the tape recording of work or agenda sessions sufficient to […]

L. A. “Skip” Bafalis, Member of Congress, Washington, D.C. Attorney General of Florida — Opinion April 14, 1975 RE: ELECTIONS STATE REGULATION OF CANDIDATES FOR FEDERAL OFFICE SUPERSEDED; STATE DISCLOSURE REQUIREMENTS FOR ELECTED OFFICIALS APPLICABLE Candidates for federal office Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTIONS: 1. Do […]

Mr. Douglas S. Jones Chairperson Attorney General of Florida — Opinion May 23, 1994 RE: RECORDS — HUMAN RIGHTS ADVOCACY COMMITTEE — ABUSE — AGED PERSONS — DISABLED ADULTS — MINORS — HEALTH AND REHABILITATIVE SERVICES, DEPARTMENT OF — complaints filed with committee subject to disclosure once probable cause is found and confidential information redacted. […]

Robert A. Brown, Hacienda Village Town Attorney, Fort Lauderdale Attorney General of Florida — Opinion August 1, 1974 RE: MUNICIPALITIES POLICE AUTHORITY CONFINED TO TERRITORIAL LIMITS Police authority confined to territorial limits Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: May the Police Department of Hacienda Village enforce state […]

Earl Rich Attorney General of Florida — Opinion March 24, 1978 Garnishee entitled to $10 payment Robert L. Shevin, Attorney General Prepared by: Martin S. Friedman, Assistant Attorney General Earl Rich Highlands County Clerk of Courts Sebring QUESTION: Should a garnishee be paid the $10 deposited by the garnishor pursuant to s. 77.28, F. S., […]

Mr. Terence M. Brown Baker County Attorney Attorney General of Florida — Opinion May 23, 1989 Funds used to defend firefighter in legal action Robert A. Butterworth Attorney General Mr. Terence M. Brown Baker County Attorney Post Office Drawer 40 Starke, Florida 32091 Dear Mr. Brown: You have asked substantially the following question: May Baker […]

Mr. Karl W. Bohne, Jr. Attorney General of Florida — Opinion September 2, 2010 RE: LAW ENFORCEMENT OFFICERS — HOME ADDRESS — PUBLIC RECORDS — exemption from public records law of former law enforcement officer’s home address. s. 119.071, Fla. Stat. Mr. Karl W. Bohne, Jr. Town Attorney for Malabar Post Office Box 410818 Melbourne, […]

Mr. James G. Yaeger Attorney General of Florida — Opinion January 19, 1984 Charge for public record accessed electronically Jim Smith Attorney General Mr. James G. Yaeger County Attorney Lee County Post Office Box 398 Fort Myers, Florida 33902 Dear Mr. Yaeger: This is in response to your request for an opinion on the following […]

Mr. Michael E. Watkins City Attorney Attorney General of Florida — Opinion July 31, 1985 Issuing permits not in accord with comprehensive plan Jim Smith Attorney General Mr. Michael E. Watkins City Attorney City of Homestead 790 Homestead Boulevard Homestead, Florida 33030-6299 Dear Mr. Watkins: This in response to your request for an opinion on […]

Mr. James C. Brady Attorney General of Florida — Opinion May 12, 1999 RE: LABOR NEGOTIATIONS — MEETINGS — MUNICIPALITIES — PUBLIC EMPLOYER — COLLECTIVE BARGAINING — status of labor negotiating committee. ss. 286.011 and 447.605, Fla. Stat. Sunshine Law, collective bargaining by committee Robert A. Butterworth Attorney General Mr. James C. Brady Lauderdale Lakes […]

Mr. Thomas A. Cloud Attorney General of Florida — Opinion March 3, 2005 RE: MUNICIPALITIES — UTILITIES — PUBLIC SERVICE COMMISSION — commission approval of transfer of electric distribution facilities from investor owned utility to city not required. ss. 366.04, 366.05, Fla. Stat. Transfer of electric distribution facilities to city Charlie Crist Attorney General Mr. […]

Mr. Doug Jamerson Secretary Attorney General of Florida — Opinion October 7, 1996 RE: LABOR AND EMPLOYMENT SECURITY — INDEPENDENT LIVING COUNCIL — NONPROFIT CORPORATIONS — department not authorized in absence of statutory authorization to fund reorganization of council within executive branch of state government into not-for-profit corporation. s. 413.395, Fla. Stat. (1995). Independent Living […]

J. Ed Straughn, Executive Director, Department of Revenue, Tallahassee Attorney General of Florida — Opinion October 14, 1974 RE: TAX ASSESSORS SALARY INCREASE COMPUTATION Salary increase computation Robert L. Shevin, Attorney General Prepared by: Winifred L. Wentworth, Assistant Attorney General, and David M. Hudson, Legal Intern QUESTIONS: 1. Should the base figure used for application […]

Mr. Steven A. Schultz Attorney General of Florida — Opinion April 28, 2005 RE: COUNTIES — VALUE ADJUSTMENT BOARDS — CODE ENFORCEMENT BOARDS — MAGISTRATES — OFFICERS — DUAL OFFICE HOLDING — simultaneous service of special magistrate of value adjustment board as member of code enforcement board. Art. II, s. 5(a), Fla. Stat. Dual Office […]

Mr. C. Wesley Bridges II. Attorney General of Florida — Opinion October 16, 2007 RE: SCHOOLS-PUBLIC OFFICERS AND EMPLOYEES-SCREENING-screening requirements for noninstructional personnel in district public schools. ss. 1012.435, 435.02, 435.04, 435.07, Fla. Stat. Mr. C. Wesley Bridges II Polk County School Board Attorney Post Office Box 391 Bartow, Florida 33831 BILL McCOLLUM, Attorney General […]

Mr. George T. Dunlap, III Attorney General of Florida — Opinion May 15, 1990 MUNICIPALITIES — PUBLIC FUNDS — municipality may implement plan pursuant to its home rule powers to allow the payment of greens fees for the municipal golf course at the end of each month. Municipal home rule, green fees payment plan Robert […]