Category: Florida Attorney General Opinions

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 […]

Guy L. Kennedy, Jr., Acting City Attorney, Clearwater Attorney General of Florida — Opinion August 28, 1975 RE: MUNICIPALITIES REQUIREMENTS FOR ANNEXATION ORDINANCE Requirements for annexation Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTIONS: 1. Must a municipality comply with the prerequisites to annexation prescribed by s. 171.042, F.S. […]

Mr. George W. Baldwin, Jr. Attorney General of Florida — Opinion December 10, 1998 RE: MUNICIPALITIES — ANNEXATION OR CONTRACTION OF BOUNDARIES — requirements for exclusion of property from municipality. Ch. 171, Fla. Stat. Exclusion of property from municipality, requirements Robert A. Butterworth Attorney General Mr. George W. Baldwin, Jr. General Counsel Village of North […]

Ronald E. Clark Attorney General of Florida — Opinion July 7, 1978 Counties, liability insurance Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General Ronald E. Clark Attorney Board of County Commissioners Putnam County Palatka QUESTION: Is the Board of County Commissioners of Putnam County authorized to pay a negotiated bill […]

Mr. Edward A. Crapo Alachua County Property Appraiser Attorney General of Florida — Opinion October 4, 1993 RE: PROPERTY APPRAISER — FLORIDA HOUSING FINANCE AGENCY — trust agreement will determine whether agency holds equitable title to real property and property will be exempt. s. 420.513, F.S. Trust agreement/real property Robert A. Butterworth Attorney General Mr. […]

Mr. Alejandro Vilarello Attorney General of Florida — Opinion October 16, 1997 RE: MEDICAL EMERGENCY PERSONNEL — LIFEGUARDS — MUNICIPALITIES — lifeguard agency status as first responder agency. ss. 401.435 and 514.071, Fla. Stat. Lifeguard agency status as first responder agency Robert A. Butterworth Attorney General Mr. Alejandro Vilarello Hialeah City Attorney Post Office Box […]

Mr. Guy L. Carlton Attorney General of Florida — Opinion September 1, 1983 Requirement for occupational license Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Guy L. Carlton Collier County Tax Collector Courthouse — Building C Naples, Florida 33942 Martin E. Roepstorff Supervisor of Occupational Licenses Collier County Dear Mr. […]

Ms. Jennifer C. Rey. Attorney General of Florida — Opinion July 13, 2010 RE: MUNICIPALITIES — FAIR ASSOCIATIONS — ZONING — LAND USE — applicability of local land use and zoning regulations to fair associations. Ch. 616, Fla. Stat. Ms. Jennifer C. Rey The Hogan Law Firm Post Office Box 485 Brooksville, Florida 34605 Bill […]

Ms. Virginia B. Wetherell Attorney General of Florida — Opinion February 12, 1996 RE: ENVIRONMENTAL PROTECTION, DEPARTMENT OF — BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND — STATE LANDS — restoration of Oklawaha River may proceed without further approval by Legislature or Board of Trustees. s. 253.7829; Ch. 93-213, Laws of Florida. Restoration of […]

Ralph D. Turlington, Commissioner of Education, Tallahassee Attorney General of Florida — Opinion February 27, 1975 RE: TRADE AND BUSINESS SCHOOLS LICENSING REQUIREMENTS Trade schools and licensing requirements Robert L. Shevin, Attorney General Prepared by: Donald D. Conn, Assistant Attorney General QUESTIONS: 1. Can the State Board of Independent Post-Secondary, Vocational, Technical, Trade and Business […]

Mr. Edward J. Marko Attorney General of Florida — Opinion July 16, 1997 RE: SCHOOLS — LEGISLATURE — school board required to conduct referendum on increasing board membership to nine with seven members from single member districts. Ch. 97-88, Laws of Florida. Referendum on school board membership and election Robert A. Butterworth Attorney General Mr. […]

Mr. Klein Wigginton Attorney General of Florida — Opinion August 4, 1981 Civic center; state agency Jim Smith, Attorney General Prepared by: Arthur C. Wallberg, Assistant Attorney General Mr. Klein Wigginton Tallahassee-Leon County Civic Center Authority QUESTION: Is the Tallahassee-Leon County Civic Center Authority a state agency such as to be subject to the Administrative […]

Dr. Leonard Britton Attorney General of Florida — Opinion May 26, 1987 Investigation of allegations in anonymous letters Robert A. Butterworth Attorney General Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1450 Northeast Second Avenue Miami, Florida 33132 Dear Dr. Britton: You have asked the following questions: (1) MAY THE SCHOOL SYSTEM INVESTIGATE […]

Mr. Jose B. Alvarez Attorney Attorney General of Florida — Opinion April 5, 1994 RE: FIRE CONTROL DISTRICT — TRAVEL EXPENSES AND PER DIEM — SPECIAL DISTRICTS — fire district commissioners, in absence of statutory authorization, may not grant themselves an allowance for attending meetings and payment of traveling expenses. Ch. 69-1707, Laws of Florida; […]

Harry K. Singletary Secretary Department of Corrections Attorney General of Florida — Opinion July 9, 1992 Unconscious/injured directed to detention facility Robert A. Butterworth Attorney General Harry K. Singletary Secretary Department of Corrections QUESTION: May an unconscious or seriously injured person be directed to be received by a detention facility? SUMMARY: While it is a […]

Mr. Donald L. Bell Attorney General of Florida — Opinion December 18, 1997 RE: RECORDS — architectural and engineer plans under seal filed with public agency subject to disclosure; duties relating to copyrighted materials. Records, architectural plans under seal; copyright Robert A. Butterworth Attorney General Mr. Donald L. Bell General Counsel Department of State The […]

Mr. Stephen Fry Martin County Attorney Attorney General of Florida — Opinion August 9, 2002 RE: PUBLIC RECORDS GOVERNMENT IN THE SUNSHINE LAW NOT-FOR-PROFIT CORPORATIONS COUNTIES not for profit corporation created for and operating public golf course on county property subject to Sunshine and Public Records laws. ss. 286.011, 119.07, Fla. Stat. Sunshine and Public […]

Marcia Mann, Ph.D. Secretary Attorney General of Florida — Opinion January 27, 1994 Re: LOTTERY, DEPARTMENT OF THE — LOTTERIES — department may award noncash prizes. ss. 24.102, 24.105, Fla. Stat. Lottery award prizes other than cash prizes Robert A. Butterworth Attorney General Marcia Mann, Ph.D. Secretary, Department of the Lottery Capitol Complex Tallahassee, Florida […]

The Honorable Janet Adkins Nassau County Attorney General of Florida — Opinion May 13, 2003 RE: DUAL OFFICE-HOLDING — SCHOOL BOARD — LAND USE PLANNING — member of school board may serve on planning board hearing comprehensive plan amendment and rezoning affecting residential density. s. 163.3174, Fla. Stat. Dual Office Holding, ex officio designation Charlie […]

Ms. Anabel P. Mitchell Attorney General of Florida — Opinion March 26, 1984 Parole eligibility and consecutive sentence Jim Smith Attorney General Ms. Anabel P. Mitchell Chairman Florida Parole and Probation Commission 1309 Winewood Boulevard Building 6, Third Floor Tallahassee, Florida 32301 Dear Ms. Mitchell: This is in response to your request for an opinion […]

The Honorable Freda Wright Attorney General of Florida — Opinion January 2, 1987 Recoupment of costs of software program by clerk Jim Smith Attorney General The Honorable Freda Wright Clerk Circuit Court and Recorder Indian River County Post Office Box 1028 Vero Beach, Florida 32961-1028 Dear Ms. Wright: This is in response to your request […]

Mr. Clark Maxwell, Jr. Attorney General of Florida — Opinion March 29, 1989 Residency of state employee for tuition purposes Robert A. Butterworth Attorney General Mr. Clark Maxwell, Jr. Executive Director Community College System Department of Education Knott Building Tallahassee, Florida 32399 Dear Mr. Maxwell: You have asked my opinion on substantially the following question: […]

Mr. Bernard A. Conko Attorney General of Florida — Opinion June 8, 1999 RE: HOUSING AUTHORITIES — TRAVEL REIMBURSEMENT AND PER DIEM — authority to use federal and private funds to pay travel and per diem at rate other than prescribed in statute. s. 112.061, Fla. Stat. Housing Authority, travel expenses Robert A. Butterworth Attorney […]

Elvin L. Martinez, Representative, 70th District, Tampa Attorney General of Florida — Opinion July 24, 1974 RE: PUBLIC RECORDS LAW NO “WORK PRODUCT” EXEMPTION Public records law and work product exemption Robert L. Shevin, Attorney General Prepared by: Barry Scott Richard, Special Assistant Attorney General, and Sharyn L. Smith, Assistant Attorney General QUESTION: Is there […]

Mr. Tom Herndon Attorney General of Florida — Opinion March 27, 2002 RE: SOVEREIGN IMMUNITY — TORTS — STATE AGENCIES — STATE BOARD OF ADMINISTRATION — INVESTMENT ADVISORY COUNCIL — members of advisory council to state board of administration subject to waiver of sovereign immunity statute. ss. 215.444, 768.28, Fla. Stat. Sovereign immunity, State Board […]

Mr. James R. English City Attorney Attorney General of Florida — Opinion January 29, 1986 Fine against property owner after lien is recorded Jim Smith Attorney General Mr. James R. English City Attorney City of Tallahassee City Hall Tallahassee, Florida 32301 Dear Mr. English: This is in response to your request for an Attorney General’s […]

George Grosse, Representative, 15th District, Jacksonville Attorney General of Florida — Opinion March 31, 1976 RE: APPRENTICES MAXIMUM RATIO OF APPRENTICES TO JOURNEYMEN Maximum ratio of apprentices to journeymen Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: What is the maximum ratio of apprentices to journeymen which may be maintained in an apprenticeship program […]

Mr. Donald C. Roberge City Attorney Attorney General of Florida — Opinion June 4, 1985 Liability for ordinance restricting train horns Jim Smith Attorney General Mr. Donald C. Roberge City Attorney City of Pompano Beach 101 S.W. 1st Avenue Post Office Box 2083 Pompano Beach, Florida 33061 Dear Mr. Roberge: This is in response to […]

Mr. Paul R. Green Attorney Attorney General of Florida — Opinion April 17, 1985 Sale of nonprofit hospital to for profit organization Jim Smith Attorney General Mr. Paul R. Green Attorney Board of Directors Santa Rosa Hospital, Inc. Post Office Box 605 800 Caroline Street Milton, Florida 32572 Dear Mr. Green: This is in response […]

Mr. James P. Beadle. Attorney General of Florida — Opinion September 15, 2009 RE: SPECIAL DISTRICTS — TRAFFIC CONTROL — COUNTIES — MUNICIPALITIES — LOCAL GOVERNMENT CODE ENFORCEMENT — authority of special district to enforce traffic laws and local codes on district property. s. 316.006, Fla. Stat. Mr. James P. Beadle Melbourne-Tillman Water Control District […]

Allan V. Everard, Town Attorney, Palm Beach Shores Attorney General of Florida — Opinion May 23, 1974 RE: MUNICIPALITIES VOTE REQUIRED BY TOWN COMMISSION TO ADOPT RESOLUTION Vote by town commission required to adopt resolution Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: Is a resolution adopted when two […]

Mr. C. Jeffrey McInnis Attorney General of Florida — Opinion March 23, 2001 RE: SCHOOLS — CHARTER SCHOOLS — RECORDS — GOVERNMENT IN THE SUNSHINE — not-for-profit organization granted charter school status subject to open government laws while preparing for students. ss. 228.056 and 286.011, Ch. 119, Fla. Stat. Charter school subject to open government […]

Mr. Stuart L. Litvin, President Attorney General of Florida — Opinion July 14, 1998 RE: GOVERNMENT IN THE SUNSHINE LAW — CORPORATIONS — NOT-FOR-PROFIT CORPORATIONS — applicability of Sunshine Law to economic growth corporation. s. 286.011, Fla. Stat. Sunshine Law, economic growth corporation Robert A. Butterworth Attorney General Mr. Stuart L. Litvin, President Hollywood Economic […]

The Honorable Marshall M. Clements Attorney General of Florida — Opinion June 22, 1989 Use of real property as bond Robert A. Butterworth Attorney General The Honorable Marshall M. Clements County Court Judge County Court of Dixie County Dixie County Courthouse Cross City, Florida 32628 Dear Judge Clements: You have asked for my opinion on […]

A. H. “Gus” Craig, Representative, 28th District, Tallahassee Attorney General of Florida — Opinion November 30, 1976 RE: TAXATION LIMITATION ON HOMESTEAD TAX EXEMPTION FOR PERMANENTLY AND TOTALLY DISABLED VETERANS Veterans and homestead tax exemption Robert L. Shevin, Attorney General Prepared by: Larry Levy, Assistant Attorney General QUESTION: Is the homestead tax exemption provided for […]

T. W. Miller, Jr. Attorney General of Florida — Opinion March 3, 1978 Mosquito district, qualifying for election Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General T. W. Miller, Jr. Director Lee County Mosquito Control District Fort Myers QUESTIONS: 1. Should persons seeking to qualify as candidates for election to […]

Ralph Harris, Clerk, Circuit Court, Vero Beach Attorney General of Florida — Opinion March 11, 1976 RE: MARRIAGE LICENSE MINIMUM AGE OF APPLICANT; APPLICATION WHEN ONE PARTY IS OUT-OF-STATE Minimum age for marriage license Robert L. Shevin, Attorney General Prepared by: Martin S. Friedman, Assistant Attorney General QUESTIONS: 1. Can a marriage license be issued […]

Legislator Attorney General of Florida — Opinion March 27, 1974 RE: STANDARDS OF CONDUCT LAW — DISCLOSURE REQUIREMENT — APPLICABILITY TO LEGISLATOR-ATTORNEY REPRESENTING CLIENT REGULATED BY THE STATE Legislator-attorney with client regulated by the state Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General, and Gerald L. Knight, Legal Research Assistant […]

Mr. James P. Beadle City Attorney Attorney General of Florida — Opinion December 16, 1985 Responsibility for and collecting funds for bridge Jim Smith Attorney General Mr. James P. Beadle City Attorney City of Satellite Beach 5205 Babcock Street, N.E. Palm Bay, Florida 32905 Dear Mr. Beadle: This is in response to your request for […]

Hugh R. Papy Attorney General of Florida — Opinion February 21, 1978 Mosquito control district, F.S. 120 Robert L. Shevin, Attorney General Prepared by: Thomas M. Beason, Assistant Attorney General Hugh R. Papy Attorney for Monroe County Mosquito Control District Key West QUESTION: Does the Administrative Procedure Act, Ch. 120, F. S., apply to the […]

Ernest Ellison Auditor General Tallahassee Attorney General of Florida — Opinion July 11, 1979 Salary of county officer, deficiency Joslyn Wilson Assistant Attorney General Ernest Ellison Auditor General Tallahassee QUESTIONS: 1. If the net income of a county fee officer is insufficient to pay to himself, after operating expenses, the maximum personal compensation to which […]

Mr. Allison E. Folds Attorney General of Florida — Opinion November 4, 1983 Enforcement of traffic laws on private property Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. Allison E. Folds City Attorney City of Alachua 527 East University Avenue Post Office Box 1070 Gainesville, Florida 32602 Dear Mr. Folds: This […]

Ms. Angi Vinson Attorney General of Florida — Opinion February 22, 1990 RE: DUAL OFFICEHOLDING — LAW ENFORCEMENT OFFICERS — parttime municipal police officers may not simultaneously serve as full-time police officer in another municipality when he receives compensation for both positions. s. 5(a), Art. II, State Const. Dual-Office Holding/Part-time municipal police officers Robert A. […]

Dawson A. McQuaig Attorney General of Florida — Opinion May 13, 1980 Application of interest to sales contract Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Dawson A. McQuaig City of Jacksonville General Counsel Jacksonville QUESTIONS: 1. Does the 7.5-percent per annum interest rate provided for in s. 215.685, F. S., apply […]

Victor J. Troiano Attorney Attorney General of Florida — Opinion March 20, 1992 Death Certificate/confidential information Robert A. Butterworth Attorney General Victor J. Troiano Attorney for Polk County Clerk of Circuit and County Courts QUESTION: May the clerk of court record a copy of a death certificate in the official records when it contains information […]

Mr. Stephen W. Fisk Attorney Attorney General of Florida — Opinion January 22, 1986 Residency status as basis for employment Jim Smith Attorney General Mr. Stephen W. Fisk Attorney Holiday Park Park and Recreation District 217 South Nassau Street Venice, Florida 33595 Dear Mr. Fisk: This is in response to your request for an opinion […]

Gerald A. Lewis Attorney General of Florida — Opinion October 10, 1978 Department of Banking and Finance, powers and duties Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General Gerald A. Lewis Comptroller Tallahassee QUESTIONS: 1. In January 1975, did Leon County, a noncharter county, have the authority to create, by […]

Ms. Lisa Echeverri. Attorney General of Florida — Opinion January 13, 2010 RE: VALUE ADJUSTMENT BOARD — COUNTIES — ATTORNEYS — limitation on private counsel representing value adjustment board. s. 194.015, Fla. Stat. Ms. Lisa Echeverri Executive Director Florida Department of Revenue 5050 West Tennessee Street 104 Carlton Building Tallahassee, Florida 32399-0100 Bill McCollum, Attorney […]

Mr. Arthur I. Jacobs Attorney General of Florida — Opinion December 1, 1998 RE: STATE ATTORNEY — CHILDREN AND FAMILY SERVICES, DEPARTMENT OF-SEXUAL PREDATORS — JIMMY RYCE INVOLUNTARY CIVIL COMMITMENT FOR SEXUALLY VIOLENT PREDATORS’ TREATMENT AND CARE ACT — state attorney’s authority to act in absence of multidisciplinary team’s assessment and recommendation. ss. 916.33, 916.34, […]

Mr. John G. Burke Attorney General of Florida — Opinion June 6, 1983 Acceptance of deed in payment for loan Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistant Attorney General Mr. John G. Burke Acting Secretary Department of Veteran and Community Affairs 2571 Executive Center Circle, East Tallahassee, Florida 32301 Dear Mr. Burke: This […]

Mr. James G. Sisco Attorney General of Florida — Opinion January 27, 2000 RE: LOCAL GOVERNMENT INFRASTRUCTURE SURTAX — TAXATION — COUNTIES — limitations on county’s levy of surtax and expenditure of tax revenues. s. 212.055(2), Fla. Stat. Expenditure of infrastructure surtax revenues Robert A. Butterworth Attorney General Mr. James G. Sisco St. Johns County […]

Robert M. Carr Attorney General of Florida — Opinion September 30, 1980 Voluntary annexation; enclave Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Robert M. Carr Port Orange City Attorney Daytona Beach QUESTION: Does s. 171.044, F. S., which provides for voluntary annexation, bar the creation on an `enclave’ of county […]

The Honorable Everett S. Rice Pinellas County Sheriff’s Office Attorney General of Florida — Opinion October 25, 1994 RE: RECORDS — LAW ENFORCEMENT OFFICERS — SHERIFFS — booking photograph of deputy sheriff not exempt from public disclosure. ss. 119.011 and 119.07, F.S. Booking photograph of deputy sheriff Robert A. Butterworth Attorney General The Honorable Everett […]

The Honorable Nevin G. Smith Attorney General of Florida — Opinion July 12, 1983 Requiring engineering license for certain employees Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General The Honorable Nevin G. Smith Secretary Department of Administration The Carlton Building Tallahassee, Florida 32301 Dear Secretary Smith: This is in response to your […]

Chester F. Blakemore Attorney General of Florida — Opinion July 23, 1980 Resale of vehicle; foreign title Jim Smith, Attorney General Prepared by: John J. Rimes, Assistant Attorney General Chester F. Blakemore Executive Director, Department of Highway Safety and Motor Vehicles QUESTIONS: 1. When a motor vehicle becomes a total loss according to the terms […]

Roy Christopher City Attorney Mount Dora Attorney General of Florida — Opinion February 10, 1977 Voluntary annexation Robert L. Shevin, Attorney General Prepared by: Jerald S. Price Assistant Attorney General QUESTION: May a parcel of land be voluntarily annexed into a city if such parcel is contiguous with the city only by virtue of a […]

Mr. Rich Stringer Attorney General of Florida — Opinion January 13, 2000 Occupational license, authority to grant exemption Robert A. Butterworth Attorney General Mr. Rich Stringer Sebastian City Attorney 1225 Main Street Sebastian, Florida 32958 Dear Mr. Stringer: You ask substantially the following question: May the city exempt a specific business from the occupational licensing […]

Mr. Gordon B. Linn Attorney General of Florida — Opinion March 31, 1998 RE: MUNICIPALITIES — CHARTERS — period in which signatures on charter amendment petition valid. s. 166.031(1), Fla. Stat. Municipal charter amendment, petition signatures Robert A. Butterworth Attorney General Mr. Gordon B. Linn Pompano Beach City Attorney Post Office Box 2083 Pompano Beach, […]

The Honorable Martha O. Haynie Attorney General of Florida — Opinion March 3, 1998 RE: COMPTROLLER — PUBLIC OFFICERS AND EMPLOYEES — COUNTY OFFICERS — CONTRACTS — payroll deduction for contribution to political action committee. s. 112.171, Fla. Stat. Counties, payroll deductions for political contribution Robert A. Butterworth Attorney General The Honorable Martha O. Haynie […]

Bob Lester, Chairman, Hillsborough County Commission, Tampa Attorney General of Florida — Opinion July 9, 1975 RE: HILLSBOROUGH COUNTY PLANNING COMMISSION AUTHORITY TO CONDUCT SPECIAL RESEARCH STUDIES FOR CITY OF TAMPA Planning commission and research studies Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: Does the Hillsborough County Planning […]

Mr. Hans Ottinot. Attorney General of Florida — Opinion February 23, 2009 RE: MUNICIPALITIES — CONDOMINIUMS — POLICE POWERS — HOME RULE POWERS — authority of municipality to require condominiums to provide security services on condominium property. Ch. 718, Fla. Stat. Mr. Hans Ottinot, City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny […]

Mr. Randy Miller Attorney General of Florida — Opinion January 26, 1987 Personal property assessment rolls as public records Robert A. Butterworth Attorney General Mr. Randy Miller Executive Director Department of Revenue Carlton Building Tallahassee, Florida 32301 Dear Mr. Miller: This is in response to your request for an Attorney General’s Opinion on substantially the […]

A. L. Baker, Executive Director, Department of Business Regulation, Tallahassee Attorney General of Florida — Opinion February 23, 1976 RE: UNIFORM CONTRABAND TRANSPORTATION ACT VEHICLES TRANSPORTING NON-TAX-PAID CIGARETTES SUBJECT TO FORFEITURE Uniform contraband transportation act Robert L. Shevin, Attorney General Prepared by: Richard W. Prospect, Assistant Attorney General QUESTION: Are non-tax-paid cigarettes “contraband” within the […]

Anne K. Gurke, Chairman, Broward County Highway Beautification Committee, Hollywood Attorney General of Florida — Opinion November 30, 1976 RE: SUNSHINE LAW APPLICABLE TO APPOINTED HIGHWAY BEAUTIFICATION COMMITTEE Sunshine law and beautification committee Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General, and Patricia R. Gleason, Legal Research Assistant QUESTION: Is […]

Dorothy W. Glisson Attorney General of Florida — Opinion January 7, 1980 Resign to run law Jim Smith, Attorney General Prepared by: Percy W. Mallison, Jr., Assistant Attorney General Dorothy W. Glisson Director Division of Elections Tallahassee QUESTION: Must a coordinator of exceptional education comply with the requirements of the Resign-to-Run Law before he can […]

The Honorable Charles W. Morris Attorney General of Florida — Opinion May 16, 2000 RE: BINGO — for-profit corporations conducting bingo games. s. 849.0931, Fla. Stat. Bingo — for profit corporations conducting games Robert A. Butterworth Attorney General The Honorable Charles W. Morris Sheriff, Okaloosa County 1250 Eglin Parkway Shalimar, Florida 32579-1234 Dear Sheriff Morris: […]

Mr. Brian D. Lambert Attorney Attorney General of Florida — Opinion February 6, 1986 Authority to enforce fair housing ordinance Jim Smith Attorney General Mr. Brian D. Lambert Attorney for the Ocala Housing Authority 121 N.W. Third Street Ocala, Florida 32670 Dear Mr. Lambert: This is in response to your request for an Attorney General’s […]

Mr. James T. Moore Attorney General of Florida — Opinion February 10, 1997 RE: SEXUAL OFFENDERS — RECORDS — LAW ENFORCEMENT — law enforcement agency’s disclosure of public records relating to sexual offenders in absence of a request. s. 944.606, Fla. Stat. (1996 Supp.). Disclosure of sexual offender records Robert A. Butterworth Attorney General Mr. […]

Ms. Laura Ann McCall Attorney General of Florida — Opinion August 12, 1998 RE: COUNTIES — CODE ENFORCEMENT BOARD — reduction of fine imposed. s. 162.09, Fla. Stat. Code Enforcement Board, reduction of fine Robert A. Butterworth Attorney General Ms. Laura Ann McCall Okeechobee County Attorney Post Office Box 968 Okeechobee, Florida 34972 Dear Ms. […]

Mr. Christopher J. Thornton Attorney General of Florida — Opinion February 13, 2004 RE: FIRE CONTROL DISTRICTS — INDEPENDENT SPECIAL DISTRICTS — SPECIAL DISTRICTS — INSURANCE — PUBLIC OFFICERS AND EMPLOYEES — authority of independent special fire control district to purchase health insurance for board of commissioners. ss. 112.08, 191.005 and 191.006, Fla. Stat. Fire […]

Randy Miller Attorney General of Florida — Opinion June 17, 1980 Tax on gross receipts of utility tax Jim Smith, Attorney General Prepared by: Linda C. Procta, Assistant Attorney General Randy Miller Executive Director, Department of Revenue Tallahassee QUESTION: Does the tax on gross receipts for utility services levied by s. 203.01, F. S., apply […]

Jack Pankow, Attorney for Lee Memorial Hospital, Fort Myers Attorney General of Florida — Opinion December 9, 1974 RE: TAXATION SALES TAX — HOSPITALS; NONMEDICAL GOODS Taxation of nonmedical goods in hospitals Robert L. Shevin, Attorney General Prepared by: J. Kendrick Tucker, Assistant Attorney General QUESTIONS: 1. Is the Lee Memorial Hospital, a county public […]

The Honorable William J. Page Attorney General of Florida — Opinion January 5, 1987 Rebate from private pharmaceutical company Jim Smith Attorney General The Honorable William J. Page Secretary Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, Florida 32301 Dear Secretary Page: This is in response to your request for an Attorney General’s […]

James E. Moore Attorney Attorney General of Florida — Opinion October 16, 1991 Dual Officeholding Robert A. Butterworth Attorney General James E. Moore Attorney for Fort Walton Beach Area Bridge Authority QUESTION: May a person simultaneously serve as a member of the Fort Walton Beach Area Bridge Authority and as a member of the State […]

John C. Chew, City Attorney, Daytona Beach Attorney General of Florida — Opinion August 5, 1974 RE: ELECTIONS MUNICIPAL FUNDS MAY BE USED TO SUPPORT POSITION ON ANNEXATION Funds used to support position of annexation Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: May the City of Daytona Beach […]

Mr. Mark F. Carpanini Attorney General of Florida — Opinion April 12, 2001 RE: DUAL OFFICEHOLDING — CODE ENFORCEMENT — REGIONAL PLANNING COUNCIL — COUNTY — application of dual officeholding prohibition to code enforcement hearing officer and regional planning council member. Art. II, s. 5(a), Fla. Const.; ss. 162.03 and 186.502, Fla. Stat. Dual officeholding, […]

Mr. Gregory V. Beauchamp County Attorney Attorney General of Florida — Opinion October 9, 1985 Clerk’s fee for photocopying Jim Smith Attorney General Mr. Gregory V. Beauchamp County Attorney Levy County Post Office Box 306 Bronson, Florida 32621 Dear Mr. Beauchamp: This is in response to your request for an opinion on substantially the following […]

Jean Forgy, Clerk of Council, Lazy Lake Attorney General of Florida — Opinion March 26, 1974 RE: ELECTIONS — MUNICIPALITIES — USE OF PERMANENT SINGLE REGISTRATION SYSTEM AND VOTING MACHINES Voting machines and registration Robert L. Shevin, Attorney General Prepared by: Michael Parrish, Assistant Attorney General QUESTIONS: 1. Must a municipality which has only 21 […]

Kimberly A. Register Attorney Attorney General of Florida — Opinion September 23, 1992 Alleged code violations Robert A. Butterworth Attorney General Kimberly A. Register Attorney for the City of Lake Worth Code Enforcement Board QUESTION: May a member of the code enforcement board report alleged code violations to the code inspector, in light of s. […]

The Honorable Frederick C. Brummer Representative Attorney General of Florida — Opinion October 11, 2002 RE: RECORDS_COURTS_CLERKS OF COURT_redaction of social security number, bank account, debit, charge, or credit card number does not authorize permanent alteration of original court record. s. 119.07(3)(ff), Fla. Stat.; Ch. 02-391, Laws of Florida. Court Records, redaction of social security […]

The Honorable Richard M. Weiss Attorney General of Florida — Opinion August 2, 2001 RE: TRAVEL — PER DIEM — subsistence reimbursement limitation for Class C travel applicable to state travel only. ss. 112.061, Fla. Stat. Travel, subsistence limitation for Class C travel Robert A. Butterworth Attorney General The Honorable Richard M. Weiss Clerk of […]

Mr. Ronald A. Mowrey Wakulla County Attorney Attorney General of Florida — Opinion April 30, 2003 RE: TAXATION — COUNTIES — LOCAL GOVERNMENT INFRASTRUCTURE SURTAX — INFRASTRUCTURE — COMPUTERS — use of local government infrastructure surtax to purchase computer system. s. 212.055(2), Fla. Stat. Infrastructure surtax use to purchase computer systerm Charlie Crist Attorney General […]

Louis H. Ritter, Secretary, Department of Professional and Occupational Regulation, Tallahassee Attorney General of Florida — Opinion April 29, 1974 RE: GOVERNMENTAL REORGANIZATION POWERS OF DEPARTMENT HEADS OR DEPARTMENT SECRETARIES Governmental reorganization and department heads Robert L. Shevin, Attorney General Prepared by: Robert Woolfork, Assistant Attorney General QUESTIONS: 1. What authority is given a department […]

John A. Hill, Representative, 108th District, Miami Lakes Attorney General of Florida — Opinion August 19, 1975 RE: PUBLIC EMPLOYEES’ COLLECTIVE BARGAINING EFFECT OF AGREEMENT BETWEEN TEACHERS AND SCHOOL BOARD REACHED AND RATIFIED SUBSEQUENT TO BEGINNING OF SALARY YEAR Public employees’ collective bargaining Robert L. Shevin, Attorney General Prepared by: Donald D. Conn, Assistant Attorney […]

Mr. Carlos C. Lopez-Cantera Attorney General of Florida — Opinion September 8, 1993 RE: CONTRACTORS — CONSTRUCTION INDUSTRY LICENSING BOARD — MUNICIPALITIES — COUNTIES: local regulation of persons working under the supervision of a certified or registered contractor. ss. 489.113, 489.117, F.S. Local regs/persons working for cert. or reg. contractor Robert A. Butterworth Attorney General […]

Mr. John M. Milledge Attorney General of Florida — Opinion October 14, 1994 RE: COUNTIES — CHARTERS — DUAL OFFICEHOLDING — PUBLIC OFFICERS AND EMPLOYEES — chairperson of county planning council may serve as attorney for Charter Review Commission. Art. II, s. 5(a), Fla. Const. Chairperson of cty planning council/Charter Rev. Comm. Robert A. Butterworth […]

H. Jerome Davis Attorney General of Florida — Opinion June 15, 1978 Election law, voter registration application Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General H. Jerome Davis Manatee County Supervisor of Elections Bradenton QUESTION: May a daughter who has been granted power of attorney for her mother sign the […]

F. M. “Bubba” Fisher, Santa Rosa County Property Appraiser, Milton Attorney General of Florida — Opinion June 5, 1975 RE: TAXATION ISSUANCE OF TAX DEED FOR SURFACE RIGHTS DOES NOT AFFECT OWNER OF SUBSURFACE RIGHTS WHO HAS PAID TAXES Tax deed and subsurface rights Robert L. Shevin, Attorney General Prepared by: Larry Levy, Assistant Attorney […]

Harry M. Nearing, Duval County Supervisor of Elections, Jacksonville Attorney General of Florida — Opinion June 14, 1974 RE: JUDGES ELECTION OF SUCCESSORS TO TEMPORARY TENURE JUDGES Successors to temporary tenure judges Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: At what election should the vacancy in office, if […]

Mr. Richard A. Harrison Attorney General of Florida — Opinion November 24, 1997 RE: HOSPITAL AUTHORITY — SPECIAL ACTS — EMPLOYEES — representation on employee advisory committee by employees of private, not-for-profit corporation. Hospitals, representation on employee committee Robert A. Butterworth Attorney General Mr. Richard A. Harrison Attorney for the Hillsborough County Hospital Authority Post […]

John D. Wessel, City Prosecutor, Boynton Beach Attorney General of Florida — Opinion October 15, 1974 RE: MUNICIPAL COURTS NOT ENTITLED TO FREE SETS OF FLORIDA STATUTES Free sets of the Florida Statutes Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: Are municipal court judges and city prosecutors entitled […]

Mr. Michael N. Kavouklis County Attorney Attorney General of Florida — Opinion April 5, 1984 Inspection of sealed bids by public Jim Smith Attorney General Mr. Michael N. Kavouklis County Attorney Hillsborough County Post Office Box 1110 Tampa, Florida 33601 Dear Mr. Kavouklis: This is in response to your request for an opinion on substantially […]

Mr. Paul Hendrick Attorney Attorney General of Florida — Opinion September 27, 1985 Superintendent, self-nomination and salary Jim Smith Attorney General Mr. Paul Hendrick Attorney for Hamilton County School Board 111 So. Central Avenue Suite 1 Post Office Drawer 151 Jasper, Florida 32052 Dear Mr. Hendrick: This is in response to your request for an […]