Category: Florida Attorney General Opinions

The Honorable Doyle Conner Attorney General of Florida — Opinion April 23, 1985 Motor vehicle warranties, dispute settlement Jim Smith Attorney General The Honorable Doyle Conner Commissioner of Agriculture The Capitol Tallahassee, Florida 32301 Dear Commissioner Conner: This is in response to your request for an opinion on substantially the following questions: 1. DO THE […]

Mr. Louis F. Ray, Jr. Attorney Attorney General of Florida — Opinion May 28, 1986 Home rule powers, school board Jim Smith Attorney General Mr. Louis F. Ray, Jr. Attorney School Board of Escambia County 15 West Main Street Pensacola, Florida 32501 Dear Mr. Ray: This is in response to your request in your capacity […]

Frank S. Bartolone City Attorney Attorney General of Florida — Opinion July 11, 1991 Community Redevelopment Agency Robert A. Butterworth Attorney General Frank S. Bartolone City Attorney City of Boca Raton QUESTION: In the event the city commission appoints itself as the Community Redevelopment Agency pursuant to s. 163.357, F.S., does the mayor automatically become […]

Mr. Harlow C. Middleton City Attorney Attorney General of Florida — Opinion August 27, 1986 Annexation by municipality Jim Smith Attorney General Mr. Harlow C. Middleton City Attorney City of Mount Dora 431 Donnelly Street Mount Dora, Florida 32757 Dear Mr. Middleton: This is in response to your request for an opinion on substantially the […]

Honorable Tim Smith. Attorney General of Florida — Opinion June 19, 2009 RE: CLERKS OF COURT-DOMESTIC VIOLENCE-COURTS-FILING FEES-clerk prohibited from imposing filing fee for domestic violence protection petition. ss. 28.241 and 741.30, Fla. Stat. The Honorable Tim Smith Clerk of Courts, Putnam County Post Office Box 758 Palatka, Florida 32178-0758 Bill McCollum, Attorney General Dear […]

Ray E. Howard, Chairman, Florida Parole and Probation Commission, Tallahassee Attorney General of Florida — Opinion March 24, 1976 RE: PAROLE AND PROBATION COMMISSION DUTIES UPON SUPREME COURT RESOLUTION BETWEEN STATUTE AND RULE ON CONSECUTIVE VERSUS CONCURRENT SENTENCING Parole and probation commission and sentencing Robert L. Shevin, Attorney General Prepared by: Wallace E. Allbritton, Assistant […]

Winifred S. Hill Attorney General of Florida — Opinion December 22, 1978 Tax collectors, investment of surplus funds Robert L. Shevin, Attorney General Prepared by: Craig B. Willis, Assistant Attorney General Winifred S. Hill St. Johns County Tax Collector St. Augustine QUESTION: May a tax collector having, receiving, or collecting any money, either for his […]

J. H. Guerry, Executive Director, Judicial Administrative Commission, Tallahassee Attorney General of Florida — Opinion January 29, 1976 RE: PUBLIC FUNDS STATE ATTORNEY MAY SPONSOR EDUCATIONAL TELEVISION PROGRAM RELATING TO CONSUMER PROTECTION Funding program for consumer protection Robert L. Shevin, Attorney General Prepared by: Stephen V. Rosin, Assistant Attorney General QUESTION: May a state attorney […]

Mr. Gerald T. Buhr Mulberry City Attorney Attorney General of Florida — Opinion June 25, 2003 RE: COMPETITIVE BIDDING — MUNICIPALITIES — CONTRACTS — city’s ability to modify existing contract to include services and capital improvements in excess of no-bid minimums. ss. 180.24, 255.20 and 287.055, Fla. Stat. Competitive bidding, city’s modification of contract Charlie […]

Mr. Jerry W. Hendry Attorney General of Florida — Opinion August 12, 1985 Authority to require contractors to post bond Jim Smith Attorney General Mr. Jerry W. Hendry Executive Director Electrical Contractors’ Licensing Board Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Dear Mr. Hendry: This is in response to your request […]

Ernest Ellison Auditor General Tallahassee Attorney General of Florida — Opinion December 13, 1979 Expenditure of public funds, legality Jerald S. Price Assistant Attorney General Ernest Ellison Auditor General Tallahassee QUESTIONS: 1. With reference to fraternal, social, professional, or public officer organizations or groups of a similar nature, when, if ever, is a public officer […]

Mr. Donald J. Lunny Attorney General of Florida — Opinion September 30, 1983 sunshine law; meeting between two commissioners Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. Donald J. Lunny City Attorney City of Plantation 400 N.W. 73 Avenue Plantation, Florida 33317 Dear Mr. Lunny: This is in response to your […]

The Honorable Bill Nelson Attorney General of Florida — Opinion September 18, 1995 RE: INSURANCE, DEPARTMENT OF — RECORDS — JOINT UNDERWRITING ASSOCIATIONS — TRADE SECRETS — records reflecting the development of private for-profit business enterprise which are created, copied, or otherwise processed in computer of non-profit corporation that is subject to ch. 119 not […]

Honorable Wayne G. Weeks Attorney General of Florida — Opinion March 7, 1991 Renewable Energy Source Device Robert A. Butterworth Attorney General Honorable Wayne G. Weeks, C.F.A. Clay County Property Appraiser QUESTION: Does the 10-year limitation on the period during which a renewable energy source device exemption may be granted pursuant to s. 196.175, F.S., […]

Bruce A. Smathers Secretary of State Tallahassee Attorney General of Florida — Opinion May 19, 1977 Notice of hearings, election commission Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith Assistant Attorney General Frank A. Vickory Legal Research Assistant QUESTION: Is the Florida Elections Commission required to give public notice of its hearings on […]

Chief Darrel W. Stephens St. Petersburg Police Department Attorney General of Florida — Opinion April 26, 1996 RE: PUBLIC RECORDS — LAW ENFORCEMENT AGENCIES — law enforcement officer’s access to crime or incident reports that are related to administrative investigation of complaint. ss. 112.533(2) and 119.07(3), Fla. Stat. Records, investigation of law enforcement officer Robert […]

Honorable David E. “Spike” McDonald Supervisor of Elections Attorney General of Florida — Opinion May 17, 1991 Supervisor of Elections Duties / Responsibilities Robert A. Butterworth Attorney General Honorable David E. “Spike” McDonald Supervisor of Elections Santa Rosa County QUESTIONS: 1. What are the administrative duties and responsibilities of the Supervisor of Elections of Santa […]

Mr. Thomas J. Schwartz Attorney Attorney General of Florida — Opinion June 19, 1986 Dual officeholding as mayor and board member Jim Smith Attorney General Mr. Thomas J. Schwartz Attorney South Florida Water Management District 3301 Gun Club Road Post Office Box V West Palm Beach, Florida 33402-4238 Dear Mr. Schwartz: This is in response […]

The Honorable Charles W. Morris Sheriff Attorney General of Florida — Opinion May 24, 2002 RE: MUNICIPALITIES SHERIFFS LAW ENFORCEMENT BEACHES regulation of dry sand portion of beaches. Regulation of dry sand portion of beach Robert A. Butterworth Attorney General The Honorable Charles W. Morris Sheriff, Okaloosa County 1250 Eglin Parkway Shalimar, Florida 32579-1234 The […]

David H. Pingree Attorney General of Florida — Opinion June 18, 1980 Reciprocal enforcement act; Germany Jim Smith, Attorney General Prepared by: John W. Williams, Assistant Attorney General David H. Pingree Secretary, Department of Health and Rehabilitative Services Tallahassee QUESTION: Pursuant to s. 88.031(18), F. S., is the nation of West Germany a foreign jurisdiction […]

Mr. Mason Jackson President Broward County Juvenile Justice Board Attorney General of Florida — Opinion March 4, 1994 Broward County Juvenile Justice Board Robert A. Butterworth Attorney General Mr. Mason Jackson President Broward County Juvenile Justice Board 2995 North Dixie Highway Fort Lauderdale, Florida 33334 Dear Mr. Jackson: By unanimous vote of the Broward County […]

Mr. Wayne J. Boyer Attorney General of Florida — Opinion June 26, 1990 RE: PUBLIC OFFICERS — APPOINTMENTS — JUDICIAL NOMINATING COMMISSIONS — circuit judicial nominating commission member not authorized to vote to fill an anticipated of a commission appointee when commission member’s term expires prior to the vacancy occurring. s. 20(c)(5), Art. V, State […]

Ms. Denise M. Dytrych Palm Beach County Attorney Attorney General of Florida — Opinion July 17, 2002 RE: COUNTIES ROADS WATER AND SEWER SYSTEMS PUBLIC FUNDS COUNTY FUNDS use of county funds to repair and maintain privately-owned roads and related infrastructure and privately-owned water and sewer systems. Art. VII, s. 10, Fla. Const. County funds, […]

Myles J. Tralins, City Attorney, North Miami Attorney General of Florida — Opinion June 21, 1976 RE: MUNICIPALITIES AUTHORITY TO IMPOSE AD VALOREM AND OCCUPATIONAL LICENSE TAXES ON PRIVATE INTERESTS LEASING PUBLIC LAND OR PRIVATE LAND FORMERLY BELONGING TO INTERAMA Authority to impose ad valorem and license tax Robert L. Shevin, Attorney General Prepared by: […]

Robert B. Cook, Attorney for Port of Palm Beach District, North Palm Beach Attorney General of Florida — Opinion October 30, 1975 RE: TAXATION PORT DISTRICT DOCKAGE CHARGES SUBJECT TO PRIVILEGE TAX Dockage charges subject to privilege tax Robert L. Shevin, Attorney General Prepared by: Joseph C. Mellichamp III, Assistant Attorney General QUESTION: Does s. […]

Mr. David Perry Attorney General of Florida — Opinion September 24, 2008 RE: LAW ENFORCEMENT — VICTIMS RIGHTS — UNIVERSITIES — when must a victim’s rights information card be given to a victim. s. 960.001, Fla. Stat. Mr. David Perry Chief of Police Florida State University Post Office Box 3064215 Tallahassee, Florida 32306 Bill McCollum, […]

Randy Miller Attorney General of Florida — Opinion July 8, 1980 Exemption from school district levy Jim Smith, Attorney General Prepared by: Barbara Staros Harmon, Assistant Attorney General Randy Miller Executive Director, Department of Revenue Tallahassee QUESTION: If a person meets the qualifications for both exemptions established in ss. 196.202 and 196.031(3)(d), F. S. (as […]

Charles A. Hall, City Attorney, New Smyrna Beach Attorney General of Florida — Opinion April 29, 1975 RE: MUNICIPALITIES PROSECUTOR’S CHARGES OR FEE MAY BE ASSESSABLE AS COST FOR CONVICTION OF VIOLATION OF MUNICIPAL ORDINANCE Violation of municipal ordinance and court costs Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General […]

The Honorable Nancy A. Daniels Public Defender Attorney General of Florida — Opinion March 2, 1994 RE: VOLUNTEERS — ATTORNEYS — STATE OFFICERS AND EMPLOYEES — applicability of Florida Volunteer Protection Act to government attorneys providing pro bono legal services to nonprofit organizations. s. 768.1355, Fla. Stat. (1993). Florida Volunteer Protection Act Robert A. Butterworth […]

Mr. Fred O. Dickinson III Attorney General of Florida — Opinion September 14, 1993 RE: LAW ENFORCEMENT OFFICERS — HIGHWAY SAFETY AND MOTOR VEHICLES, DEPARTMENT OF: arrest powers of auxiliary law enforcement officers when full-time or part-time law enforcement officer not in immediate physical proximity. ss. 321.24 and 943.10(8), F.S. Arrest powers of auxiliary law […]

J. Ed Straughn, Executive Director, Department of Revenue, Tallahassee Attorney General of Florida — Opinion October 10, 1974 RE: TAXATION SOLID MINERALS SEVERANCE TAX — TAX YEAR, RECLAMATION CREDITS Solid minerals severance tax Robert L. Shevin, Attorney General Prepared by: J. Kendrick Tucker, Assistant Attorney General QUESTIONS: 1. What period of time is to be […]

Mr. Henry Dean Attorney General of Florida — Opinion April 9, 1986 Water district, authority to implement program Jim Smith Attorney General Mr. Henry Dean Executive Director St. Johns River Water Management District Post Office Box 1429 Palatka, Florida 32078-1429 Dear Mr. Dean: This is in response to your request for an opinion on substantially […]

Mr. Herbert W.A. Thiele City Attorney Attorney General of Florida — Opinion December 3, 1984 Ordinance requiring minimum door width Jim Smith Attorney General Mr. Herbert W.A. Thiele City Attorney City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mr. Thiele: This is in response to your request for an Attorney […]

Gerald A. Lewis Attorney General of Florida — Opinion June 18, 1980 Banking industry ; reciprocity with foreign country Jim Smith, Attorney General Prepared by: Anne Curtis, Assistant Attorney General Gerald A. Lewis Comptroller Tallahassee QUESTIONS: 1. May the Comptroller, on behalf of the State of Florida, enter into an agreement with an agency of […]

Ms. Janet Lander Escambia County Attorney Attorney General of Florida — Opinion June 25, 2004 RE: GOVERNMENT IN THE SUNSHINE LAW — MEETINGS — VOLUNTEER FIRE DEPARTMENTS — COUNTIES — FIREFIGHTERS — applicability of open meetings law to boards of directors of volunteer fire departments and to meetings of volunteer firefighters association. s. 286.011, Fla. […]

Richard John Brodeur, Attorney for Captiva Fire Control District, Fort Myers Attorney General of Florida — Opinion September 24, 1976 RE: SPECIAL DISTRICTS FIRE CONTROL DISTRICT MAY NOT BORROW MONEY TO BUILD FIREHOUSE WITHOUT SPECIFIC AUTHORITY Authority to borrow money to build firehouse Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney […]

Mr. Henry Luke Chairman Attorney General of Florida — Opinion April 12, 1989 Research and development authority as state agency Robert A. Butterworth Attorney General Mr. Henry Luke Chairman Duval County Research and Development Authority 4567 St. Johns Bluff Road South Jacksonville, Florida 32216-6699 Dear Chairman Luke: You have asked substantially the following questions: 1. […]

John M. Potter, Moore Haven City Attorney, Clewiston Attorney General of Florida — Opinion June 13, 1975 RE: MUNICIPAL HOME RULE POWERS ACT CHARTER AMENDMENT TO IMPOSE FILING FEE ON CANDIDATE FOR MUNICIPAL OFFICE — REFERENDUM REQUIRED Amending charter and referendum Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: […]

H. Jerome Davis Manatee County Supervisor of Elections Bradenton Attorney General of Florida — Opinion October 18, 1977 Elections, voter registration Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason Assistant Attorney General QUESTION: Is a supervisor of elections required to register qualified electors of a municipality, where a charter provision of that municipality […]

Gerald S. Livingston General Counsel Attorney General of Florida — Opinion July 11, 1991 Wetland Buffers Robert A. Butterworth Attorney General Gerald S. Livingston General Counsel East Central Florida Regional Planning Counsel QUESTION: Is the East Central Florida Regional Planning Council authorized by ss. 186.501–186.513, F.S., or by 380.06(23), F.S. (1990 Supp.), to adopt an […]

Mr. Paul Valenti, Attorney Attorney General of Florida — Opinion November 5, 1996 RE: WATER CONTROL DISTRICT — SPECIAL DISTRICT — DRUGS — PUBLIC OFFICERS AND EMPLOYEES — authority of water control district to adopt drug free workplace policy. ss. 112.0455, 440.101–440.102; Ch. 298, Fla. Stat. Water control district, drug free workplace policy Robert A. […]

Mr. Newall J. Daughtrey Attorney General of Florida — Opinion October 5, 1988 Agencies subject to 57.111 or 120.54(2)F.S. Robert A. Butterworth Attorney General Mr. Newall J. Daughtrey Chairman Small Minority Business Advisory Council Florida Department of Commerce 107 West Gaines Street, Room 503 Tallahassee, Florida 32399-2000 Dear Mr. Daughtrey: You have asked substantially the […]

Jerry G. Melvin, Representative, 5th District, Tallahassee Attorney General of Florida — Opinion February 27, 1974 RE: TAXATION — COLLECTING SERVICE FEES FOR PROVISION OF GENERAL MUNICIPAL SERVICES IMPERMISSIBLE Collecting service fees Robert L. Shevin, Attorney General Prepared by: J. Kendrick Tucker, Assistant Attorney General QUESTION: May a county or municipality impose ad valorem property […]

Mr. John J. Colowich Mary Esther City Attorney Attorney General of Florida — Opinion July 18, 2003 RE: MUNICIPALITIES — ORDINANCES — CHILD CARE — authority of municipality to regulate child care facilities. ss. 166.0445 and 402.301, Fla. Stat. Municipalities, regulation of child care facilities Charlie Crist Attorney General Mr. John J. Colowich Mary Esther […]

William A. Wilkes, Clay County Attorney, Green Cove Springs Attorney General of Florida — Opinion March 12, 1975 RE: COUNTIES PURPOSES FOR WHICH COUNTIES MAY PERMIT USE OF COUNTY VOTING MACHINES Use of county voting machines Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: Are county commissioners authorized to […]

Jim Norman. Attorney General of Florida — Opinion October 4, 2005 RE: COUNTIES — INDIGENT CARE SURTAX — TAXATION — REFERENDUM — authority of county to use voter-approved indigent care surtax to pay county’s mandatory Medicaid contributions. ss. 212.055(4), and 409.915, Fla. Stat. The Honorable Jim Norman Chairman Hillsborough County Board of County Commissioners Post […]

William J. Page, Jr., Secretary, Department of Health and Rehabilitative Services, Tallahassee Attorney General of Florida — Opinion March 1, 1976 RE: PUBLIC RECORDS CONFIDENTIAL RECORDS RELATING TO DEVELOPMENTALLY DISABLED PERSONS — RELEASE ONLY TO AUTHORIZED GROUPS Records for developmentally disabled Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General QUESTION: […]

Wayne Hanna Attorney General of Florida — Opinion July 30, 1980 Collection of fees by clerk Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Wayne Hanna Clerk Circuit Court Quincy QUESTION: Must the clerk of the circuit court who receives a guaranteed salary from the county charge and collect a fee for […]

William R. Heidtman, Palm Beach County Sheriff, West Palm Beach Attorney General of Florida — Opinion September 19, 1974 RE: SHERIFFS CIVIL SERVICE SYSTEM FOR EMPLOYEES OF SHERIFF’S OFFICE Sheriffs and civil service Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTIONS: 1. May a civil service system be created […]

The Honorable George T. Woodmansee Attorney General of Florida — Opinion July 10, 1990 Re: MUNICIPALITIES — TRAFFIC CONTROL — municipality prohibited from installing a security gate across a public road, thereby limiting access to road to residents and to those nonresidents who have purchased a remote control unit to open the gate. s. 316.006, […]

William J. Haley, Columbia County Attorney, Lake City Attorney General of Florida — Opinion May 28, 1975 RE: COUNTY ROADS CATTLE GAPS; CATTLE RUNNING AT LARGE County roads and cattle Robert L. Shevin, Attorney General Prepared by: Halley B. Lewis, Assistant Attorney General QUESTIONS: 1. May a county build and maintain what is commonly called […]

John F. Vasquez City Clerk Riviera Beach Attorney General of Florida — Opinion January 19, 1977 Resign to run law, effective date of resignation Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason Assistant Attorney General QUESTION: What is the effective date of resignation of a city councilman whose term ends in April 1977, […]

Mr. Donald T. Ryce Attorney General of Florida — Opinion September 21, 2001 RE: MUNICIPALITIES-FIREFIGHTERS-LAWS ENFORCEMENT OFFICERS-PENSIONS-increase in benefits to general city employees may affect use of premium tax income in providing “extra benefits” to firefighters and police officers pensions. ss. 175.351 and 185.35, Fla. Stat. Firefighters’ and Police Officers’ pension, premium tax Robert A. […]

The Honorable Jim Smith Secretary of State Attorney General of Florida — Opinion December 3, 1993 RE: DEPARTMENT OF STATE — JOHN AND MABLE RINGLING MUSEUM OF ART — RECORDS — GOVERNMENT IN THE SUNSHINE LAW — meetings and records relating to security systems for publicly or privately owned or leased property exempt. s. 281.301, […]

Chief Jerry L. Demings Attorney General of Florida — Opinion November 13, 2000 RE: LAW ENFORCEMENT OFFICERS — LAW ENFORCEMENT OFFICERS’ BILL OF RIGHTS — MUNICIPALITIES — validity of municipal policy of interviewing officer who is subject of a complaint first. Law enforcement officers’ bill of rights, interviews Robert A. Butterworth Attorney General Chief Jerry […]

The Honorable Oliver Lowe Charlotte County Property Appraiser Attorney General of Florida — Opinion October 9, 1996 RE: TAXATION — HOMESTEAD EXEMPTION — applicability to two lots separated by street in which property owner holds title but public has easement of passage. Art. VII, s. 6(a), Fla. Const.; s. 196.031, Fla. Stat. Homestead exemption, two […]

Gerald A. Lewis Comptroller Tallahassee Attorney General of Florida — Opinion December 19, 1979 Trust fund investment earnings William D. Townsend Assistant Attorney General Gerald A. Lewis Comptroller Tallahassee QUESTION: Are earnings on investments that are reinvested rather than deposited in the State Treasury subject to a deduction according to s. 215.20, F. S.? SUMMARY: […]

Joseph W. Landers, Jr. Secretary Department of Environmental Regulation Tallahassee Attorney General of Florida — Opinion June 9, 1977 Authority to establish water supply authority Robert L. Shevin, Attorney General Prepared by: J. Kendrick Tucker Assistant Attorney General QUESTIONS: 1. Do the Governor and Cabinet sitting as the head of the Department of Natural Resources […]

The Honorable George Kent Attorney General of Florida — Opinion May 14, 1984 Planning commission/ Board of adjustment Jim Smith Attorney General The Honorable George Kent Mayor Town of Orange Park Post Office Box 428 Orange Park, Florida 32067-0428 Dear Mr. Kent: This is in response to your request for an opinion on the following […]

The Honorable Fred Galey Attorney General of Florida — Opinion July 29, 1993 RE: RECORDS — ELECTIONS — SUPERVISOR OF ELECTIONS: individual may take notes during inspection of ballots but may not touch ballots. s. 119.07 (1992 Supp.) and s. 101.5615, F.S. Inspection of ballots Robert A. Butterworth Attorney General The Honorable Fred Galey Supervisor […]

Jacqueline W. Hubbard City Attorney Attorney General of Florida — Opinion March 19, 1992 Proceeds of a special assessment bond issue Robert A. Butterworth Attorney General Jacqueline W. Hubbard City Attorney City of Fort Myers QUESTION: May the City of Fort Myers utilize the proceeds of a special assessment bond issue under Ch. 170, F.S., […]

State legislator Attorney General of Florida — Opinion January 2, 1974 RE: STANDARDS OF CONDUCT LAW — DISCLOSURE STATEMENT-PUBLIC OFFICER’S LAW FIRM — REPRESENTING REGULATED BUSINESS ENTITY Disclosure statements and public officers Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: Is a legislator-attorney required by s. 112.313(2), F.S., to […]

Mr. Richard Smoak Attorney Attorney General of Florida — Opinion February 13, 1985 Authority to award car rental contracts Jim Smith Attorney General Mr. Richard Smoak Attorney Panama City-Bay County Airport and Industrial District Magnolia Avenue at Third Court Post Office Drawer 1579 Panama City, Florida 32402 Dear Mr. Smoak: This is in response to […]

David H. Bludworth, State Attorney, West Palm Beach Attorney General of Florida — Opinion January 9, 1974 RE: CRIMINAL LAW — SALE OR ADVERTISING OF LOTTERY TICKETS UNLAWFUL Sale or Advertising of state lottery tickets unlawful Robert L. Shevin, Attorney General Prepared by: George R. Georgieff, Assistant Attorney General QUESTIONS: 1. Are the provisions of […]

William J. Stewart, Attorney for Indian River County Hospital District, Vero Beach Attorney General of Florida — Opinion August 9, 1974 RE: PUBLIC HOSPITAL RETAIL INSTALLMENT SALES ACT NOT APPLICABLE — MAY NOT ACCEPT NOTES AS PAYMENT FOR CHARGES Retail installment sales act and public hospital Robert L. Shevin, Attorney General Prepared by: James D. […]

Ms. Shelly Brantley. Attorney General of Florida — Opinion November 23, 2005. RE: CONSTITUTIONAL AMENDMENTS — MINIMUM WAGE — applicability of federalfair labors standards act, including exceptions and exemptions, to stateminimum wage constitutional amendment, to the extent not addressed bystate constitutional provision. Art. X, s. 24, Fla. Const.; 29 U.S.C.ss. 213 and 214. Minimum Wage […]

Mr. William E. Reischmann, Jr. Attorney General of Florida — Opinion February 16, 2010 RE: PUBLIC RECORDS — SOCIAL SECURITY NUMBERS — COMMERCIAL ENTITY — COMMERCIAL ACTIVITY — conflict in statutory provisions; denial of request for social security numbers from commercial entity. s. 119.071(5), Fla. Stat. Mr. William E. Reischmann, Jr. Brown, Garganese, Weiss D’Agresta, […]

Mr. Donald R. Hall Attorney General of Florida — Opinion September 20, 1983 Authority to use out-of-state bank Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Donald R. Hall City Attorney City of Fort Lauderdale Post Office Drawer 14250 Fort Lauderdale, Florida 33302 Dear Mr. Hall: This is in response […]

Mr. Paul J. Marino. Attorney General of Florida — Opinion January 9, 2008 RE: MUNICIPALITIES — GOVERNMENT IN THE SUNSHINE — MEETINGS — whether city may temporarily locate official meetings to venue outside municipality. Art. VIII, s. 2(c), Fla. Const.; s. 286.011, Fla. Stat. Mr. Paul J. Marino City Attorney City of Belleair Beach Post […]

Mr. Michael S. Davis Attorney General of Florida — Opinion October 19, 1982 Community redevelopment agency; acquisition of property Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistant Attorney General Mr. Michael S. Davis City Attorney City of St. Petersburg Post Office Box 2842 St. Petersburg, Florida 33731 Dear Mr. Davis: This is in response […]

The Honorable Kathy Dent Attorney General of Florida — Opinion March 5, 2001 RE: PUBLIC RECORDS — ELECTIONS — ABSENTEE BALLOTS — release of information on absentee ballot envelopes. ss. 98.095, 101.62(3) and 119.07(1), Fla. Stat. Records, information on absentee ballot envelopes Robert A. Butterworth Attorney General The Honorable Kathy Dent Supervisor of Elections Sarasota […]

William H. Ravenell, Secretary, Department of Community Affairs, Tallahassee Attorney General of Florida — Opinion August 11, 1976 RE: LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT INTERIM PLANS PROHIBITED; LAND USE MAP MAY BE INCLUDED BUT IS NOT MANDATORY Local government comprehensive planning act Robert L. Shevin, Attorney General Prepared by: Michael H. Davidson, Assistant Attorney General […]

Randy Miller Attorney General of Florida — Opinion May 14, 1980 Leases of real property Jim Smith, Attorney General Prepared by: E. Wilson Crump II, Assistant Attorney General Randy Miller Executive Director, Department of Revenue Tallahassee QUESTIONS: 1. Does the Florida Revenue Act of 1949, ch. 212, F. S., and specifically s. 212.031, apply to […]

Mr. F. Perry Odom Attorney General of Florida — Opinion September 5, 1996 RE: TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, BOARD OF — SOVEREIGNTY LANDS — PUBLIC PROPERTY — LOGS AND LOGGING — LOST OR ABANDONED PROPERTY — ownership of “deadhead logs”. ss. 253.03, 253.45, Ch. 705, and Art. X, s. 11, Fla. Const. […]

Mr. Robert T. Feldman Attorney Attorney General of Florida — Opinion January 20, 1987 Sub-lease agreement with US government Robert A. Butterworth Attorney General Mr. Robert T. Feldman Attorney for Key West Redevelopment Agency 417 Eaton Street Key West, Florida 33040 Dear Mr. Feldman: This is in response to your request for an Attorney General’s […]

Chief Brian Lock West Melbourne Police Department Attorney General of Florida — Opinion February 9, 2005 RE: Workers’ Compensation — Municipalities — Law Enforcement Officers — responsibility of city for workers’ compensation claim of off-duty law enforcement officer. s. 440.091, Fla. Stat. Off-duty law enforcement officer, workers’ compensation Charlie Crist Attorney General Chief Brian Lock […]

The Honorable Franklin Buchanan Chairman Attorney General of Florida — Opinion October 6, 1995 RE: COUNTIES — LIVESTOCK — PUBLIC FUNDS — use of county funds to construct and maintain cattle gaps unwarranted. s. 588.14, Fla. Stat. Cattle gaps, use of county funds to maintain Robert A. Butterworth Attorney General The Honorable Franklin Buchanan Chairman, […]

Oliver Lowe, Charlotte County Tax Assessor, Punta Gorda Attorney General of Florida — Opinion October 22, 1974 RE: TAXATION COMBINED HOMESTEAD EXEMPTION MAY NOT EXCEED TEN THOUSAND DOLLARS Combined homestead exemption Robert L. Shevin, Attorney General Prepared by: Winifred L. Wentworth, Assistant Attorney General QUESTION: May the combined total property tax exempt value exceed ten […]

Mr. Daniel McIntyre. Attorney General of Florida — Opinion August 26, 2009 RE: INTERLOCAL SERVICE BOUNDARY AGREEMENTS — COUNTIES — MUNICIPALITIES — DEVELOPMENT PERMITS — BUILDING PERMITS — ANNEXATION — inclusion of provision in interlocal service boundary agreement for authority over land development regulations. s. 171.203, Fla. Stat.; Part II, Ch. 171, Fla. Stat; s. […]

Mr. David Jove. Attorney General of Florida — Opinion August 26, 2009 RE: LOCAL GOVERNMENT CODE ENFORCEMENT — MUNICIPALITIES — ARREST — WARRANTS — order of local government code enforcement board authorizes entry onto property without owner’s consent and substitutes as judicial warrant for arrest of owner. ss. 162.06, 162.08, 162.22, 901.01, and 933.21, Fla. […]

James W. Bass, St. Lucie County Tax Assessor, Fort Pierce Attorney General of Florida — Opinion December 3, 1974 RE: TAXATION DISABILITY EXEMPTION — DIAGNOSIS BY CHIROPRACTOR OR OSTEOPATH Disability diagnosed by chiropractor or osteopath Robert L. Shevin, Attorney General Prepared by: Joseph C. Mellichamp III, Assistant Attorney General QUESTIONS: 1. Should a licensed practicing […]

Kenneth E. Easley Attorney General of Florida — Opinion March 13, 1980 Medical information; public records Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Kenneth E. Easley Belleair Bluffs City Attorney Clearwater QUESTION: Is `medical information’ gathered and included in a rescue report by an emergency medical team from the municipal fire […]

Chief Robert B. Walker Cocoa Beach Police Fire Attorney General of Florida — Opinion September 28, 1995 RE: LAW ENFORCEMENT OFFICERS — MUNICIPALITIES — BEVERAGE LAWS — police officer on administrative leave with no law enforcement authority not subject to employment restrictions in s. 561.25, Fla. Stat. Police officer on administrative leave Robert A. Butterworth […]

Mr. Gordon B. Linn Pompano Beach City Attorney Attorney General of Florida — Opinion March 24, 2004 RE: GAMBLING — SLOT MACHINES — ARCADES — interpretation of statutory exemption for arcade amusement centers. ss. 849.01, 849.15, 849.16 and 849.161, Fla. Stat. Gambling, arcade amusement centers Charlie Crist Attorney General Mr. Gordon B. Linn Pompano Beach […]

Mr. Mark S. Thomas. Attorney General of Florida — Opinion February 25, 2010 RE: NORTH BROWARD HOSPITAL DISTRICT — SPECIAL DISTRICTS — HOSPITAL DISTRICTS — JOINT OWNERSHIP — lease of district property to partnership between district and private entity. Art. VII, s. 10, Fla. Const. Mr. Mark S. Thomas Special Counsel North Broward Hospital District […]

Honorable Clarence T. Johnson, Jr. Attorney General of Florida — Opinion May 21, 1987 Funds used to defend special master Robert A. Butterworth Attorney General Honorable Clarence T. Johnson, Jr. Chief Judge Eighteenth Judicial Circuit Brevard County Branch Courthouse 1040 South Florida Highway Rockledge, Florida 32955 Dear Judge Johnson: You have asked substantially the following […]

The Honorable Kathleen A. Smith. Attorney General of Florida — Opinion September 16, 2010 RE: RETIREMENT — DEPARTMENT OF MANAGEMENT SERVICES — PUBLIC DEFENDER — whether agency can reduce number of hours accumulated for terminal sick leave payment. s. 110.122, Fla. Stat. The Honorable Kathleen A. Smith Law Offices of the Public Defender Twentieth Judicial […]

Raymond E. Beary Chief of Police Winter Park Attorney General of Florida — Opinion May 24, 1977 Public examination of police reports Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason Assistant Attorney General QUESTION: May a municipal police department permit public examination and copying of motor vehicle accident reports required by municipal ordinance? […]

Ms. Claudia M. McKenna. Attorney General of Florida — Opinion August 27, 2008. RE: COMMUNITY RESIDENTIAL FACILITIES — HOUSING — FLORIDA BUILDING CODE — exemption of community residential facilities from Florida Building Code. ss. 419.001 and 553.73, Fla. Stat. Ms. Claudia M. McKenna City Attorney City of West Palm Beach Post Office Box 3366 West […]

William A. Wilkes Attorney General of Florida — Opinion November 3, 1978 Counties, payment of invalid contract balance Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General William A. Wilkes Clay County Attorney Green Cove Springs QUESTION: Is the Clay County Board of County Commissioners authorized or required by law to […]

Mr. Bruce A. Harris Attorney General of Florida — Opinion July 18, 2001 RE: SCHOOLS — EMPLOYMENT CONTRACTS — SUPERINTENDENT OF SCHOOL — SCHOOL BOARDS — authority of school board to enter contracts with term in excess of members’ terms of office; superintendent’s responsibilities. ss. 228.041, 230.03, 230.23, 231.33, 231.36 and 231.3605, Fla. Stat. School […]

K. J. Burroughs, Finance Director, Pompano Beach Attorney General of Florida — Opinion November 16, 1976 RE: MUNICIPALITIES PERMISSIBLE USES FOR MONEYS IN REVENUE-SHARING TRUST FUND FOR MUNICIPALITIES Revenue-sharing for trust fund Robert L. Shevin, Attorney General Prepared by: Caroline C. Mueller, Assistant Attorney General QUESTION: Does s. 206.605, F. S., authorize municipalities to use […]

Mr. John D. Boykin Attorney General of Florida — Opinion June 26, 2002 RE: JUDGES — HEARING OFFICERS — JURORS — whether civil traffic infraction hearing officers are judges who are disqualified from jury service. s. 40.013, Fla. Stat. Civil traffic infraction hearing officer, jury duty Robert A. Butterworth Attorney General Mr. John D. Boykin […]

Ms. Renee Francis Lee. Attorney General of Florida — Opinion. June 15, 2006 RE: SUNSHINE LAW — METROPOLITAN PLANNING ORGANIZATIONS — PUBLIC MEETINGS — use of electronic media technology to connect simultaneous metropolitan planning organization meetings in various counties to constitute single meeting of a joint committee created by the MPO’s. ss. 286.011, 339.175, 120.54 […]

Reubin O’D. Askew, Governor, Tallahassee Attorney General of Florida — Opinion February 14, 1974 RE: ELECTIONS — GOVERNOR’S DUTY TO CALL SPECIAL ELECTION TO FILL LEGISLATIVE VACANCY Legislative vacancy and special election Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: Does the governor have the mandatory duty to call […]

Robert M. Moore, Wewahitchka City Attorney, Port St. Joe Attorney General of Florida — Opinion November 15, 1976 RE: MUNICIPALITIES NO POWER TO LEVY REGULATORY FEES ON INSURANCE AGENTS Power to levy regulatory fees on insurance agents Robert L. Shevin, Attorney General Prepared by: David K. Miller, Assistant Attorney General QUESTION: Can a municipality levy […]

Gillis E. Powell, Sr. Attorney General of Florida — Opinion May 15, 1980 Competitive bids; contact for garbage collection Jim Smith, Attorney General Prepared by: Anne Curtis, Assistant Attorney General Gillis E. Powell, Sr. City Attorney, City of Niceville QUESTION: Can the City of Neceville negotiate and contract directly with an independent contractor to provide […]

Emmett S. Roberts Attorney General of Florida — Opinion October 23, 1978 Counties, patient transportation Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General Emmett S. Roberts Secretary Department of Health and Rehabilitive Services Tallahassee QUESTION: Does s. 394.477, F. S., authorize or require counties to pay the costs of transferring […]

The Honorable Katherine Fernandez Rundle and Mr. Robert A. Ginsburg Dade Attorney General of Florida — Opinion November 14, 1996 RE: PUBLIC RECORDS — LOCAL GOVERNMENTS-HOUSING — exemption of records of Metropolitan Dade County Equal Opportunity Board from inspection and copying. s. 119.07(3)(p), Fla. Stat. Public Records, determination of probable cause Robert A. Butterworth Attorney […]

Bruce Smathers, Secretary of State, Tallahassee Attorney General of Florida — Opinion August 25, 1975 RE: ELECTIONS COMMISSION MAY PAY TRAVEL EXPENSES AND PER DIEM ONLY TO WITNESSES APPEARING PURSUANT TO SUBPOENA Travel expense for witnesses Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: Is a person “summoned” before […]