Category: Florida Attorney General Opinions

Mr. Murray H. Dubbin Attorney General of Florida — Opinion October 3, 2001 RE: MUNICIPALITIES — SPECIAL ASSESSMENTS — UTILITIES — special assessments for municipal utilities. Ch. 170, Fla. Stat. Municipalities, collection of special assessments Robert A. Butterworth Attorney General Mr. Murray H. Dubbin Miami Beach City Attorney 1700 Convention Center Drive Fourth Floor Miami […]

Mr. Robert P. Diffenderfer Attorney General of Florida — Opinion September 2, 1997 RE: COUNTIES — CHARTER COUNTIES — ORDINANCES — SPECIAL ACTS — SPECIAL DISTRICTS — authority of county to adopt ordinance that would conflict with special act. Ch. 75-473, Laws of Florida (1975). s. 1(c), Art. VIII, Fla. Const.; s. 1(g), Art. VIII, […]

Ms. Joann G. Slay County Attorney Attorney General of Florida — Opinion September 13, 1985 Authority to enforce ordinance regarding alcohol sales Jim Smith Attorney General Ms. Joann G. Slay County Attorney Gadsden County Post Office Drawer 391 16 East Washington Street Quincy, Florida 32351 Dear Ms. Slay: This is in response to your request […]

Mr. Larry M. Haag and Mr. James A. Neal, Jr. Attorney General of Florida — Opinion August 5, 1999 RE: COUNTY SEATS — COUNTIES — COURTHOUSES — county commission’s authority to expand county seat. ss. 138.10 and 138.12, Fla. Stat. Expansion of county seat Robert A. Butterworth Attorney General Mr. Larry M. Haag Citrus County […]

J. T. Landress Attorney General of Florida — Opinion December 22, 1978 Tax collectors, commissions, special districts Robert L. Shevin, Attorney General Prepared by: Cecil L. Davis, Jr., Assistant Attorney General J. T. Landress Highlands County Tax Collector Sebring QUESTIONS: 1. Is the office of Highlands County Tax Collector entitled to a commission pursuant to […]

Ms. Denise D. Dytrych Attorney General of Florida — Opinion April 4, 2000 RE: SOVEREIGN IMMUNITY — COUNTIES — INDEMNIFICATION AGREEMENTS — county’s ability to indemnify party of contract through agreement. s. 768.28, Fla. Stat. Sovereign Immunity, indemnification agreements Robert A. Butterworth Attorney General Ms. Denise D. Dytrych Palm Beach County Attorney Post Office Box […]

The Honorable Jeffrey K. Barton Clerk of Indian River County Attorney General of Florida — Opinion December 21, 1995 RE: CLERKS — RECORDS — TAXATION — REAL PROPERTY — clerk may refuse to record deed where amount of documentary stamps exceed consideration paid. s. 201.12, Fla. Stat. Clerks, Records, Taxation, and Real Property Robert A. […]

J. H. “Jim” Williams, Lieutenant Governor, Tallahassee Attorney General of Florida — Opinion April 28, 1976 RE: DEVELOPMENT OF REGIONAL IMPACT VESTING OF RIGHTS Regional impact vesting of rights Robert L. Shevin, Attorney General Prepared by: Staff QUESTIONS: 1. Is approval of W. R. Grace Company’s mining site plan to mine Hooker’s Prairie by formal […]

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 […]

Ray E. Howard, Chairman, Florida Parole and Probation Commission, Tallahassee Attorney General of Florida — Opinion June 3, 1976 RE: PAROLE AND PROBATION COMMISSION ALLEGATION OF PAROLE VIOLATION — USE OF INFORMATION AT FINAL PAROLE REVOCATION HEARING WHEN PROBABLE CAUSE NOT FOUND AT PRELIMINARY HEARING Parole violation and probable cause Robert L. Shevin, Attorney General […]

Mr. Michael G. Dyer Assistant Town Attorney Attorney General of Florida — Opinion August 21, 2002 RE: MUNICIPALITIES —BUSINESS AND PROFESSIONAL REGULATION — REAL ESTATE — RECORDS — confidentiality of complaint filed by municipality against licensed professional. s. 455.225(10), Fla. Stat. Access to city complaint against licensed professional Robert A. Butterworth Attorney General Mr. Michael […]

James W. York, Chief of Police, Orlando Attorney General of Florida — Opinion September 23, 1976 RE: SECURITY OF COMMUNICATIONS POLICE DEPARTMENT REGULATION ALLOWING MONITORING OF TELEPHONE CALLS — WHEN PERMISSIBLE — ADMISSIBILITY OF EVIDENCE Monitoring of telephone calls by police Robert L. Shevin, Attorney General Prepared by: Staff QUESTIONS: 1. Is the regulation stated […]

William J. Page, Secretary, Department of Health and Rehabilitative Services, and Louie L. Wainwright, Secretary, Department of Offender Rehabilitation, Tallahassee Attorney General of Florida — Opinion August 27, 1975 RE: STATE PRISONERS MAY NOT ESTABLISH BANK ACCOUNT IN OWN NAME State prisoner and bank account Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, […]

Mr. Neal E. Young City Attorney Attorney General of Florida — Opinion July 30, 1984 Authority to alter composition of board Jim Smith Attorney General Mr. Neal E. Young City Attorney City of Winter Haven Post Office Box 2277 Winter Haven, Florida 33880 Dear Mr. Young: This is in response to your request for an […]

Ms. Maura J. Kiefer. Attorney General of Florida — Opinion July 23, 2008 RE: MUNICIPALITIES — CHARTER AMENDMENTS — CHARTERS — OFFICERS — REFERENDA — municipality must amend charter to abolish officers by referendum. s. 166.031, Fla. Stat. Ms. Maura J. Kiefer Attorney, City of Indian Rocks Beach 535 Central Avenue, Suite 412 St. Petersburg, […]

William J. Page, Secretary, Department of Health and Rehabilitative Services, Tallahassee Attorney General of Florida — Opinion June 30, 1976 RE: NURSING ACT EMPLOYEES OF DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES ACTING AS NURSING ASSISTANTS IN ADMINISTERING MEDICATION, DEFINITION OF “MEDICATION” Administering of medication by nursing aids Robert L. Shevin, Attorney General Prepared by: Barry […]

District School Board Employee Attorney General of Florida — Opinion May 14, 1974 RE: CONFLICT OF INTEREST DISTRICT SCHOOL BOARD “NEEDS ASSESSOR” SELLING MATERIALS TO SCHOOL SYSTEM Conflict of interest and schoolboard “needs assessor” Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: Is a conflict of interest created when an educational “needs assessor” employed […]

Mr. J. Thomas Herndon Attorney General of Florida — Opinion May 13, 1991 Refunds of Ad Valorem Taxes Robert A. Butterworth Attorney General Mr. J. Thomas Herndon Executive Director Department of Revenue Carlton Building Tallahassee, Florida 32301 Dear Mr. Herndon: You ask the following question: May the Department of Revenue approve refunds of ad valorem […]

Mr. Mark Herron Attorney General of Florida — Opinion December 8, 1987 Disclosure of contributions Robert A. Butterworth Attorney General Mr. Mark Herron Chairman Commission on Ethics Post Office Box 6 Tallahassee, Florida 32302-0006 Dear Chairman Herron: You have asked for my opinion on substantially the following question: Does s. 111.011(2)(a), F.S., which requires each […]

Mr. Michael A. Rider Attorney General of Florida — Opinion April 4, 1983 Cap on in-house road construction Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. Michael A. Rider Attorney for the Board of County Commissioners of Glades County Post Office Box 608 Lake Placid, Florida 33852 Dear Mr. Rider: This […]

Mr. Wesley R. Poole Attorney General of Florida — Opinion September 15, 2000 RE: MUNICIPALITIES — ORDINANCES — FINES — CODE ENFORCEMENT — enforcement of tree ordinance and reasonableness of fine. Ch. 162, Fla. Stat. Municipalities, enforcement of tree ordinance/fine Robert A. Butterworth Attorney General Mr. Wesley R. Poole Fernandina Beach City Attorney Post Office […]

Ernest Ellison, Auditor General, Tallahassee Attorney General of Florida — Opinion August 20, 1976 RE: DEPARTMENT OF CITRUS INTERNAL ORGANIZATION Department of Citrus internal organization Robert L. Shevin, Attorney General Prepared by: Bruce M. Singer, Assistant Attorney General QUESTION: Is the internal organizational structure of the Department of Citrus in accordance with the requirements of […]

The Honorable Ed Collins Chairman, Attorney General of Florida — Opinion June 6, 1996 RE: COUNTIES — AMBULANCE SERVICE — MEDICAID/MEDICARE — authority of county to waive fee for ambulance service in excess of amount reimbursed by Medicaid/Medicare and paid by recipient as copayment. ss. 409.908, 409.9081, 381.026, Fla. Stat. Counties, waiver of ambulance service […]

Honorable O. Sanford Jasper Attorney General of Florida — Opinion April 1, 1983 Authority of tax collector to seize property Jim Smith, Attorney General Prepared by: J. Terrell Williams, Assistant Attorney General Honorable O. Sanford Jasper Tax Collector Pinellas County Courthouse Post Office Box 1729 Clearwater, Florida 33517 Dear Mr. Jasper: You requested an opinion […]

Jack M. Skelding, Jr., Counsel, Florida Sheriffs’ Association, Tallahassee Attorney General of Florida — Opinion May 29, 1975 RE: PUBLIC OFFICERS AND EMPLOYEES USE OF PUBLIC FUNDS FOR GROUP LIFE INSURANCE Public funds for group life insurance Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: May public funds be […]

Abbey G. Hairston General Counsel Attorney General of Florida — Opinion November 19, 1992 School board members retain copies of public records Robert A. Butterworth Attorney General Abbey G. Hairston General Counsel The School Board of Palm Beach County QUESTION: Must individual school board members retain copies of public records which are regularly maintained in […]

Robert Besserer Administrator Seminole Memorial Hospital Sanford Attorney General of Florida — Opinion August 30, 1977 County hospitals, powers, physicians insurance coverage Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith Assistant Attorney General Frank A. Vickory Legal Research Assistant QUESTION: May rules and regulations promulgated by a hospital existing under Ch. 155, F. […]

Mr. Marlin M. Feagle Columbia County Attorney Attorney General of Florida — Opinion January 27, 2005 RE: PUBLIC FUNDS — PUBLIC EMPLOYEES — COUNTIES — whether payment of tuition for volunteers for county serves public purpose. s. 110.1009, Fla. Stat. Public Funds, payment of tuition for volunteers Charlie Crist Attorney General Mr. Marlin M. Feagle […]

Claude R. Edwards, Chief Judge, 9th Circuit, Orlando Attorney General of Florida — Opinion December 23, 1974 RE: UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT LAW INITIATING STATE’S RESPONSIBILITIES TO FURNISH COPIES OF PROCEEDINGS Uniform Reciprocal Enforcement Of Support Law Robert L. Shevin, Attorney General Prepared by: Zollie M. Maynard, Jr., Assistant Attorney General QUESTIONS: 1. Does […]

Ernest A. Sellers Attorney General of Florida — Opinion May 18, 1978 National guard, municipal salary Robert L. Shevin, Attorney General Prepared by: David K. Miller, Assistant Attorney General Ernest A. Sellers City Attorney Live Oak QUESTIONS: 1. Is a municipality required under s. 250.48, F. S., to pay its employees who are members of […]

George S. Palmer, Executive Director, Board of Medical Examiners, Tallahassee Attorney General of Florida — Opinion April 8, 1976 RE: ADMINISTRATIVE PROCEDURE ACT SETTING OF EXPERT WITNESS FEES Expert witness fees and administrative procedure act Robert L. Shevin, Attorney General Prepared by: Larry Levy, Assistant Attorney General QUESTION: May a qualified physician, appearing as an […]

Charles E. Freeman, Chairman, Public Employees Relations Commission, Tallahassee Attorney General of Florida — Opinion October 3, 1974 RE: PUBLIC EMPLOYEES RELATIONS COMMISSION EMPLOYEE ORGANIZATION REGISTRATION AND CERTIFICATION PRIOR TO ADOPTION OF COMMISSION RULES AND FORMS; COLLECTIVE BARGAINING PENDING ADOPTION OF RULES Public employees relations commission Robert L. Shevin, Attorney General Prepared by: Donald D. […]

Mr. Atkins Warren Attorney General of Florida — Opinion April 30, 1982 Stolen property records; public records Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. Atkins Warren Chief of Police City of Gainesville Post Office Box 1250 Gainesville, Florida 32602 Dear Chief Warren: This is in response to your request for […]

Mr. Robert Bruce Snow County Attorney Attorney General of Florida — Opinion October 9, 1985 Transporting and receiving Baker Act patients Jim Smith Attorney General Mr. Robert Bruce Snow County Attorney Hernando County 112 North Orange Avenue Post Office Box 2060 Brooksville, Florida 33512 Dear Mr. Snow: This is in response to your request for […]

Chief Peter A. Petracco Boca Raton Police Department Attorney General of Florida — Opinion July 21, 1989 Installation of police band radio monitors Robert A. Butterworth Attorney General Chief Peter A. Petracco Boca Raton Police Department 100 Northwest Boca Raton Boulevard Boca Raton, Florida 33432-3704 Dear Chief Petracco: You ask substantially the following question: Does […]

Gerald A. Lewis Comptroller Tallahassee Attorney General of Florida — Opinion August 14, 1979 Security interest; installment Joslyn Wilson Assistant Attorney General Gerald A. Lewis Comptroller Tallahassee QUESTION: May an installment sales contract entered into pursuant to Ch. 79-92, Laws of Florida, contain a provision granting to the vendor a `security interest’ in the property […]

Mr. Randy Miller Attorney General of Florida — Opinion October 29, 1982 Authority of revenue department to assign rights Jim Smith, Attorney General Prepared by: J. Terrell Williams, Assistant Attorney General Mr. Randy Miller Executive Director Department of Revenue Carlton Building Tallahassee, Florida 32301 Dear Mr. Miller: You have requested my opinion on whether the […]

Robert A. Mallard, Duval County Tax Assessor, Jacksonville Attorney General of Florida — Opinion October 22, 1974 RE: TAXATION AD VALOREM EXEMPTION FOR HOMES FOR THE AGED Homes for the aged and tax exemption Robert L. Shevin, Attorney General Prepared by: Stephen E. Mitchell, Assistant Attorney General, and Susan M. Potter, Legal Intern QUESTIONS: 1. […]

Mr. James P. Wilson St. Augustine City Attorney Attorney General of Florida — Opinion January 3, 2003 RE: FLORIDA SCHOOL FOR THE DEAF AND BLIND EDUCATIONAL FACILITIES DEVELOPMENT COMPREHENSIVE PLANS INTERLOCAL AGREEMENTS ZONING EMINENT DOMAIN applicability of land development regulations to Florida School for the Deaf and the Blind. ss. 163.3177, Fla. Stat. Chap. 1013, […]

The Honorable Karleen F. De Blaker Attorney General of Florida — Opinion October 30, 1985 Public records and attorney invoices Jim Smith Attorney General The Honorable Karleen F. De Blaker Clerk of the Circuit Court Pinellas County 315 Court Street Clearwater, Florida 33516 Dear Ms. De Blaker: This is in response to your request for […]

Mr. Les W. Burke County Attorney Attorney General of Florida — Opinion October 28, 1986 Regulation of shellfish handling preempted by state Jim Smith Attorney General Mr. Les W. Burke County Attorney Bay County Post Office Box 70 Panama City, Florida 32402 Attention: Mr. Nevin J. Zimmerman Assistant County Attorney Dear Mr. Burke: This is […]

Ralph D. Turlington Commissioner of Education Tallahassee Attorney General of Florida — Opinion June 29, 1977 Teacher education centers Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith Assistant Attorney General Frank A. Vickory Legal Research Assistant QUESTION: Does the provision contained in s. 231.611, F. S., relating to establishment of teacher education centers […]

Mr. Kenza van Assenderp Attorney General of Florida — Opinion December 18, 1997 RE: RETIREMENT — COUNTIES — TAX COLLECTORS — reimbursement of tax collector for purchase of upgraded retirement benefits. s. 121.052(5)(c), Fla. Stat., as amended by s. 3, Ch. 97-180, Laws of Florida. Reimbursement of officer’s retirement upgrade purchase Robert A. Butterworth Attorney […]