Category: Florida Attorney General Opinions

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 […]

James E. Gardner, Jr. Attorney General of Florida — Opinion. July 24, 2007 RE: SPECIAL ASSESSMENTS — TAXATION — PROPERTY APPRAISERS — authority of property appraiser to shift existing special assessment from common elements to individual lot owners. s. 193.0235, Fla. Stat. The Honorable James E. Gardner, Jr. Flagler County Property Appraiser Post Office Box […]

Chief George Brennan. Attorney General of Florida — Opinion May 29, 2008 RE: LAW ENFORCEMENT — CLERK OF COURT — FINES — COURT COSTS — amount of court costs and fines to be imposed for certain equipment violations. ss. 316.610, 316.2935, 318.121, 318.18, Fla. Stat. Chief George Brennan Winter Garden Police Department 251 W. Plant […]

Ms. Josefina M. Tamayo Attorney General of Florida — Opinion November 17, 2000 RE: CHILD CARE — CHILD CARE FACILITIES — LICENSURE — CHILDREN AND FAMILIES, DEPARTMENT OF — exemption of membership organizations from child care licensure. s. 402.301, Fla. Stat. Child care licensure, YMCA child care programs Robert A. Butterworth Attorney General Ms. Josefina […]

Michael J. Satz Attorney General of Florida — Opinion November 28, 1978 Municipal officers, elections, endorsements Robert L. Shevin, Attorney General Prepared by: Particia R. Gleason, Assistant Attorney General Michael J. Satz State Attorney For Lauderdale QUESTION: Does the writing and publication of an open letter or newsletter by elective municipal officers using their official […]

Bill A. Corbin Attorney General of Florida — Opinion May 2, 1978 Authority to compensate contestant for clerk’s office Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General Bill A. Corbin Calhoun County Attorney Blountstown QUESTION: Is the Calhoun County Board of County Commissioners authorized to compensate the successful contestant for […]

Mr. Herbert W.A. Thiele City Attorney Attorney General of Florida — Opinion June 7, 1984 Fee for code violations 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 opinion on […]

Victor J. Troiano Troiano Roberts, P.A. Attorney General of Florida — Opinion September 9, 1991 Tax Deed Sales Robert A. Butterworth Attorney General Victor J. Troiano Troiano Roberts, P.A. QUESTION: 1. Is the clerk of the court in a tax deed sale required to disburse the surplus proceeds to a governmental lienholder first when there […]

Mr. Wil Trower Attorney General of Florida — Opinion September 28, 2001 RE: PUBLIC RECORDS LAW-AGENCY FOR HEALTH CARE ADMINISTRATION-HEALTH MAINTENANCE ORGANIZATIONS-HEALTH CARE PROVIDERS-MANAGED CARE ORGANIZATIONS-applicability of Public Records Law to statewide provider and managed care organization claim dispute resolution program. ss. 395.3035 and 408.7057, Fla. Stat. Records, provider/managed care claim dispute resolution Robert A. […]

Mr. Roland Loog Attorney General of Florida — Opinion March 1, 2000 RE: TAXATION — TOURIST DEVELOPMENT TAX — CORPORATIONS — NOT-FOR-PROFIT CORPORATIONS — HISTORIC PROPERTIES — MUSEUMS — use of tourist development tax funds by not-for-profit organization for construction of parking lot. s. 125.0104(5), Fla. Stat. Tourist development — use of tax for museum […]

Philip S. Shailer, State Attorney, Fort Lauderdale Attorney General of Florida — Opinion January 8, 1976 RE: FRESH PURSUIT NOT AFFECTED BY DECRIMINALIZATION OF TRAFFIC OFFENSES Fresh pursuit and traffic offenses Robert L. Shevin, Attorney General Prepared by: Carolyn M. Snurkowski, Assistant Attorney General QUESTION: Is the doctrine of hot or fresh pursuit applicable to […]

Mr. Joseph L. Passiatore County Attorney Attorney General of Florida — Opinion February 4, 1985 Medical care for arrested persons Jim Smith Attorney General Mr. Joseph L. Passiatore County Attorney County of Charlotte 18500 Murdock Circle Port Charlotte, Florida 33948-1094 Dear Mr. Passiatore: This is in response to your request for an opinion on substantially […]

Enid D. Earle Lee Attorney General of Florida — Opinion December 5, 1979 Fire control districts, election expense responsibility Joslyn Wilson Assistant Attorney General Enid D. Earle Lee County Supervisor of Elections Fort Myers QUESTIONS: 1. Who is responsible for the costs incurred in holding an election for the members of the Mat’lacha and Pine […]

The Honorable David Johnson. Attorney General of Florida — Opinion May 14, 2009 RE: PROPERTY APPRAISER — COMMON ELEMENTS — TAXATION — SUBDIVISIONS — REAL PROPERTY — whether golf course property is “common element” for purposes of taxation. s. 193.0235, Fla. Stat. The Honorable David Johnson Seminole County Property Appraiser 1101 East First Street Sanford, […]

Mr. Kenneth C. Jenne, II Attorney General of Florida — Opinion December 13, 1993 RE: HOSPITALS — NORTH BROWARD HOSPITAL DISTRICT — SPECIAL DISTRICT — PSYCHOLOGISTS — determination of staff privileges based solely on applicant’s status as psychologist, impermissible. s. 395.0191, F.S. Determination of staff privileges Robert A. Butterworth Attorney General Mr. Kenneth C. Jenne, […]

Alan S. Becker, Representative, 103rd District, Miami Beach Attorney General of Florida — Opinion March 18, 1975 RE: MUNICIPALITIES POWER TO CHARGE FEE FOR ADMISSION TO MUNICIPALLY OWNED BEACH Municipal beach and fee for admission Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: May a municipality charge a fee […]

Counselor, Division of Vocational Rehabilitation, Department of Health and Rehabilitative Services Attorney General of Florida — Opinion June 3, 1974 RE: CONFLICT OF INTEREST NO CONFLICT WHEN DIVISION OF VOCATIONAL REHABILITATION COUNSELOR IS MEMBER OF BOARD OF PRIVATE, NONPROFIT CORPORATION PROVIDING REHABILITATION SERVICES Conflict of interest and board of private nonprofit Robert L. Shevin, Attorney […]

Mr. Thomas O. Smith Attorney General of Florida — Opinion December 3, 1982 Appointing commissioners for housing authority Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Thomas O. Smith President Crestview City Council Post Office Drawer 1207 Crestview, Florida 32536 Dear Mr. Smith: This is in response to your request for […]

Mr. Theodore C. Taub Temple Terrace City Attorney Attorney General of Florida — Opinion August 7, 1996 RE: MUNICIPALITIES — CONTRACTORS — city employees working on city project exempt from contracting provisions of Part I, Ch. 489. s. 489.103, Fla. Stat. Plumbing contractors, exemption for city employees Robert A. Butterworth Attorney General Mr. Theodore C. […]

Mr. Douglas R. Bell District Attorney Attorney General of Florida — Opinion March 27, 1985 Time of election for drainage district commission Jim Smith Attorney General Mr. Douglas R. Bell District Attorney Central Broward Drainage District 8020 Stirling Road (Davie) Hollywood, Florida 33024 Dear Mr. Bell: This is in response to your request, in your […]

The Honorable David H. Pingree Attorney General of Florida — Opinion May 16, 1985 Transportation of mentally ill persons Jim Smith Attorney General The Honorable David H. Pingree Secretary Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, Florida 32301 Dear Secretary Pingree: This is in response to your request for an opinion concerning […]

Mr. David P. Kirwan Attorney Attorney General of Florida — Opinion November 14, 1989 Statute of limitations on hearing before board Robert A. Butterworth Attorney General Mr. David P. Kirwan Attorney Monroe County Code Enforcement Board Post Office Box 67 Marathon, Florida 33050 Dear Mr. Kirwan: As attorney for the Monroe County Code Enforcement Board, […]

Mr. Edward E. Hedstrom Attorney Attorney General of Florida — Opinion August 27, 1993 RE: CLERKS OF COURT — CLERKS OF CIRCUIT COURT — MARRIAGE LICENSE APPLICATION — MARRIAGE LICENSES — MARRIAGE: term of validity for marriage license applications. ss. 382.021(2) and 741.041, F.S. Term of validity for marriage license applications Robert A. Butterworth Attorney […]

Chief Jim Farley Crystal River Police Attorney General of Florida — Opinion October 1, 2002 RE: CRIMINAL HISTORY RECORDS EXPUNCTION PUBLIC RECORDS LAW ENFORCEMENT expunction of criminal history records. ss. 943.045 and 943.0585, Fla. Stat. Expunction of criminal history records Robert A. Butterworth Attorney General Chief Jim Farley Crystal River Police Department 123 Northwest Highway […]

Mr. John T. Parnham Attorney General of Florida — Opinion June 22, 1982 Transcript of council meetings Jim Smith, Attorney General Prepared by: Linda Lettera, Assistant Attorney General Mr. John T. Parnham City Attorney City of Gulf Breeze 222 So. Tarragona, Suite 160 Post Office Box 631 Pensacola, Florida 32593 Dear Mr. Parnham: This is […]

R. William Rutter, Jr., Palm Beach County Attorney, West Palm Beach Attorney General of Florida — Opinion September 23, 1976 RE: TAX COLLECTORS BOND REQUIREMENTS — TERM OF BOND Tax collectors and bond requirements Robert L. Shevin, Attorney General Prepared by: Caroline C. Mueller, Assistant Attorney General QUESTIONS: 1. Can the tax collector give one […]

Mr. Gerald A. Williams. Attorney General of Florida — Opinion. June 15, 2006 RE: SCHOOLS — STUDENT RECORDS — PUBLIC RECORDS — whether student identifying information in a complaint against a school employee precludes release of complaint with identifying information redacted. ss. 1002.22 and 1012.31, F.S. Schools/Public Records, student identifying information Mr. Gerald A. Williams […]

Roger H. Wilson, Representative, 60th District, Seminole Attorney General of Florida — Opinion September 19, 1974 RE: MUNICIPALITIES MAY ENFORCE MUNICIPAL ORDINANCES ON WATERWAYS WITHIN THEIR JURISDICTION Enforcement of ordinance on waterway Robert L. Shevin, Attorney General Prepared by: Andrew W. Lindsey, Assistant Attorney General QUESTION: What authority do municipal officers have to enforce municipal […]

Mr. Nicholas F. Tsamoutales Attorney General of Florida — Opinion July 12, 1983 Sunshine law; board of adjustment Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. Nicholas F. Tsamoutales City Attorney City of Palm Bay 115 Palm Bay Road Palm Bay, Florida 32905 Dear Mr. Tsamoutales: This is in response to […]

Gordon s. Oldham, State Attorney, Leesburg Attorney General of Florida — Opinion July 7, 1975 RE: MOBILE HOME PARKS MAY NOT PROHIBIT DISPLAY OF FOR SALE SIGNS For sale signs and mobile home parks Robert L. Shevin, Attorney General Prepared by: William R. Hanley, Assistant Attorney General QUESTION: Does a rule or regulation promulgated by […]

The Honorable Helen B. Gienau Attorney General of Florida — Opinion August 2, 1988 Competitive bidding and supervisor of elections Robert A. Butterworth Attorney General The Honorable Helen B. Gienau Supervisor of Elections Polk County Post Office Box 1460 Bartow, Florida 33830-1460 Dear Ms. Gienau: You ask the following question: Are the provisions of Part […]

Frank A. Kreidler City Attorney Attorney General of Florida — Opinion November 16, 1979 Insurance premium payments, retired city employees Percy W. Mallison, Jr. Assistant Attorney General Frank A. Kreidler City Attorney Lake Worth QUESTION: May the City of Lake Worth utilize its home rule powers to continue to pay the group hospitalization and life […]

Jack D. Kane, Executive Director, Department of General Services, Tallahassee Attorney General of Florida — Opinion October 13, 1975 RE: STATE CENTREX TELEPHONE SYSTEM MUNICIPALITIES MAY NOT BE INCLUDED IN SYSTEM State telephone system and municipalities Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: May municipal corporations or the […]

Lester Bales, Jr., City Attorney, Zephyrhills Attorney General of Florida — Opinion February 4, 1975 RE: TAXATION MUNICIPAL TAX OF SEWER AND WATER SERVICE TO USERS RESIDING OUTSIDE CITY LIMITS Services for users residing outside city limits Robert L. Shevin, Attorney General Prepared by: Stephen E. Mitchell, Assistant Attorney General QUESTION: May a municipal corporation […]

Jack D. Kane, Executive Director, Department of General Services, Tallahassee Attorney General of Florida — Opinion May 12, 1975 RE: BONDING BLANKET BONDS MAY NOT BE SUBSTITUTED WHEN STATUTES REQUIRE INDIVIDUAL BONDS Substitution and blanket bonds Robert L. Shevin, Attorney General Prepared by: A. S. Johnston, Assistant Attorney General QUESTION: May a “blanket bond” be […]

Mr. Neal E. Young City Attorney Attorney General of Florida — Opinion May 13, 1987 Public records and nonprofit corporation Robert A. Butterworth Attorney General Mr. Neal E. Young City Attorney City of Winter Haven Post Office Box 2277 Winter Haven, Florida 33883-2277 Dear Mr. Young: This is in response to your request for an […]

Mr. Paul R. Gougelman, III Attorney General of Florida — Opinion February 12, 2001 RE: MUNICIPALITIES — COUNTIES — TRAFFIC CONTROL — ROADS — authority of municipality to establish 30 miles per hour speed limit on county maintained road located within municipality. ss. 316.006, 316.008, 316.183, 316.189, Fla. Stat. Municipality establishing speed limit on county […]

Mr. A. Quinn Jones, III City of Miami Attorney Attorney General of Florida — Opinion July 7, 1994 RE: MUNICIPALITIES — ZONING — ORDINANCES — authority of city commission to delegate power to rezone property. Authority of city comm./delegate power re rezoning Robert A. Butterworth Attorney General Mr. A. Quinn Jones, III City of Miami […]

Mr. Robert E. Huebner Attorney General of Florida — Opinion January 29, 1986 Referendum on expansion of development authority Jim Smith Attorney General Mr. Robert E. Huebner General Counsel Downtown Development Authority City of Fort Lauderdale Post Office Box 2427 Fort Lauderdale, Florida 33303 Dear Mr. Huebner: This is in response to your request for […]

Gary R. Cunningham, Representative, 30th District, Tallahassee Attorney General of Florida — Opinion May 10, 1974 RE: COUNTIES CREATION OF MUNICIPAL SERVICE DISTRICTS IN UNINCORPORATED AREAS; DISBURSEMENT OF SECONDARY ROAD FUND TAXES Service districts in unincorporated areas Robert L. Shevin, Attorney General Prepared by: Sydney H. McKenzie III, Assistant Attorney General QUESTIONS: 1. Is Ordinance […]

Joe Teague Caruso Attorney General of Florida — Opinion April 14, 1992 Real property improvements/taxable by Authority Robert A. Butterworth Attorney General Joe Teague Caruso General Counsel to the Brevard County Property Appraiser QUESTION: 1. Are the real property and improvements owned by the Canaveral Port Authority which are leased to a nongovernmental lessee taxable […]

Quillian S. Yancey Attorney General of Florida — Opinion July 24, 1978 State attorneys, services furnished by counties Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith and Frank A. Vickory, Assistant Attorneys General Quillian S. Yancey State Attorney Bartow QUESTION: When, prior to adoption of the present Art. V of the State Constitution, […]

Mr. Bill Schmid Attorney General of Florida — Opinion July 8, 1997 RE: FLORIDA DISTANCE LEARNING NETWORK — CORPORATIONS — classification of network created by law to carry out public purpose. ss. 364.509 and 364.510, Fla. Stat.; Part II, Ch. 364, Fla. Stat. Florida Distance Learning Network Robert A. Butterworth Attorney General Mr. Bill Schmid […]

Mr. Frank J. Griffith, Jr. County Attorney Attorney General of Florida — Opinion April 30, 1986 Attorneys’ fees for board members Jim Smith Attorney General Mr. Frank J. Griffith, Jr. County Attorney Brevard County Post Office Box 37 Titusville, Florida 32781-0037 Dear Mr. Griffith: This is in response to your request for an opinion on […]

Michael J. Satz Attorney General of Florida — Opinion January 31, 1978 Conflict of interest, public disclosure Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General Michael J. Satz State Attorney Fort Lauderdale QUESTIONS: 1. Did the allegations of Sunrise Councilman Shaw and Councilwoman Brown published September 28, 1976, violate the […]

Honorable Gary Siegel Senator District 12 Attorney General of Florida — Opinion December 29, 1992 Inmate’s conviction for child abuse/provisional credits Robert A. Butterworth Attorney General Honorable Gary Siegel Senator District 12 QUESTION: 1) Does an inmate’s conviction for aggravated child abuse where aggravated battery is an element of the offense of aggravated child abuse […]

Ernest Ellison Attorney General of Florida — Opinion January 8, 1980 Use of motor vehicle Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Ernest Ellison Auditor General Tallahassee QUESTION: Does the allowance authorized by s. 240.319(3)(n), F. S., in lieu of the use of a motor vehicle, if granted by the district […]

Mr. Charles A. Costin Attorney General of Florida — Opinion August 1, 2001 RE: SCHOOL DISTRICTS — REDISTRICTING — procedures for redrawing school board member residence areas. s. 230.061, Fla. Stat.; Art. IX, s. 4(a), Fla. Const. School board member districts, county prison pop. Robert A. Butterworth Attorney General Mr. Charles A. Costin Gulf County […]

John Roger Smith Attorney General of Florida — Opinion December 9, 1980 Federal highway; annexation Jim Smith, Attorney General Prepared by: Percy W. Mallison, Jr., Assistant Attorney General John Roger Smith Orange City City Attorney DeLand QUESTIONS: 1. May a municipality annex a federal highway/state road pursuant to the annexation procedures contained in s. 171.0413, […]

John E. Polk, Seminole County Sheriff, Sanford Attorney General of Florida — Opinion April 29, 1975 RE: UNIFORM TRAFFIC CONTROL LAW ENFORCEMENT ON PRIVATE PROPERTY Traffic control laws and private property Robert L. Shevin, Attorney General Prepared by: Richard W. Prospect, Assistant Attorney General QUESTIONS: 1. Can a sheriff’s department enforce the provisions of Ch. […]

Robert Q. Marston, M.D. Chairman Attorney General of Florida — Opinion September 11, 1996 RE: MARINE FISHERIES COMMISSION — ADMINISTRATIVE PROCEDURE — ADMINISTRATIVE RULES — authority of Marine Fisheries Commission to grant variances and waivers. s. 120.542, Fla. Stat. (1996). Marine Fisheries Commission, waivers and variances Robert A. Butterworth Attorney General Robert Q. Marston, M.D. […]

The Honorable Tom Gallagher Attorney General of Florida — Opinion December 20, 1990 RE: FLORIDA SEED CAPITAL FUND AND BOARD — DEPARTMENT OF COMMERCE — powers and duties of the Department of Commerce with regard to Florida Seed Capital Board. s. 159.445, Fla. Stat. Florida Seed Capital Board Robert A. Butterworth Attorney General The Honorable […]

Harold J. Dyer, Representative, 93rd District, Hollywood Attorney General of Florida — Opinion September 6, 1974 RE: CONDOMINIUMS TRANSFER FEES Condominiums and transfer fees Robert L. Shevin, Attorney General Prepared by: Bjarne Andersen, Jr., Assistant Attorney General QUESTIONS: 1. Is the fifty-dollar transfer fee referred to in ss. 711.08(2) and 711.44(1)(h), F.S. (1974 Supp.), the […]

Mr. Joseph M. Gallenstein Attorney General of Florida — Opinion May 8, 1986 Forfeiture of personal property and misdemeanors Jim Smith Attorney General Mr. Joseph M. Gallenstein Chief of Police Largo Police Department Post Office Box 296 Largo, Florida 34294-0296 Dear Chief Gallenstein: This is in response to your request for an opinion on substantially […]

Chief Clarence L. Bass Edgewood Attorney General of Florida — Opinion October 8, 1996 RE: MUNICIPALITIES — LAW ENFORCEMENT — MUTUAL AID AGREEMENTS — SHERIFFS — CODE ENFORCEMENT — municipality may not use mutual aid agreement to assume all law enforcement services for another municipality; sheriff may contract to provide law enforcement services to municipality. […]

Ms. Virginia B. Wetherell Secretary Attorney General of Florida — Opinion September 7, 1994 RE: REAL PROPERTY — ENVIRONMENTAL PROTECTION, DEPARTMENT OF — INTERNAL IMPROVEMENT TRUST FUND, BOARD OF TRUSTEES — LAND USE — Board of Trustees may waive certain requirements of statute for acquisition of state-owned lands for preservation, conservation and recreation purposes. s. […]

William J. Page, Jr., Secretary, Department of Health and Rehabilitative Services, Tallahassee Attorney General of Florida — Opinion September 10, 1976 RE: SOVEREIGN IMMUNITY PRIVATE, VOLUNTEER INSTITUTIONS PARTICIPATING IN SWINE FLU IMMUNIZATION PROGRAM Participation in the swine flu vaccination program Robert L. Shevin, Attorney General Prepared by: William C. Sherrill, Jr., Assistant Attorney General QUESTION: […]

Mr. Robert H. Berntsson Attorney General of Florida — Opinion June 22, 2000 RE: MUNICIPALITIES — WATERWAYS — ORDINANCES — VOLUNTEERS — enforcement of city speed limits on waterways by volunteers. ss. 327.22, 327.70, and 327.73, Fla. Stat. Municipalities, volunteers enforcing water speed limits Robert A. Butterworth Attorney General Mr. Robert H. Berntsson Punta Gorda […]

Mr. Gary Alan Vorbeck and Mr. Jeff McKibben, Chairman Attorney General of Florida — Opinion December 31, 1997 RE: COUNTIES — SPECIAL DISTRICTS — HEALTH CARE — INDIGENTS — county’s authority to amend ordinance establishing independent special district to remove limitation on provision of indigent care. s. 154.331, Fla. Stat. Counties — indigent care by […]

John J. Copelan, Jr. Broward County Attorney Attorney General of Florida — Opinion January 8, 1991 Occupational License Tax Robert A. Butterworth Attorney General John J. Copelan, Jr. Broward County Attorney QUESTION: 1. May the county deduct the costs of collecting from the revenues of the additional occupational license tax imposed pursuant to s. 205.033(6)(1), […]

Reubin O’D. Askew, Governor, Tallahassee Attorney General of Florida — Opinion July 9, 1976 RE: GOVERNOR POWER TO SUSPEND MAYOR OF JACKSONVILLE FROM OFFICE Authority to suspend mayor Robert L. Shevin, Attorney General Prepared by: James D. Whisenand, Deputy Attorney General QUESTIONS: 1. Does the Governor have the power to suspend the Mayor of the […]

Mr. Daniel F. Mantzaris. Attorney General of Florida — Opinion February 11, 2009 RE: SPECIAL DISTRICTS — TAXATION — AD VALOREM TAXATION — HOSPITALS — MEDICAID — AGENCY FOR HEALTH CARE ADMINISTRATION — use of ad valorem tax moneys for Medicaid programs. Ch. 2001-290, Laws of Fla. Mr. Daniel F. Mantzaris De Beaubien, Knight, Simmons, […]

Alton M. Towles, Gadsden County Attorney, Quincy Attorney General of Florida — Opinion January 8, 1976 RE: FIREARMS COUNTY COMMISSION MAY NOT IMPOSE ADDITIONAL RESTRICTIONS WHEN ISSUING FIREARM PERMIT Firearm permit and additional restrictions Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: May the County Commissioners of Gadsden County, […]

William J. Roberts, Attorney, Construction Industry Licensing Board, Tallahassee Attorney General of Florida — Opinion July 7, 1975 RE: PUBLIC RECORDS LAW LICENSING EXAMINEE MAY AUTHORIZE ATTORNEY TO INSPECT HIS EXAMINATION PAPERS Examinee may authorize lawyer to inspect examination Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General QUESTION: May an […]

Michael H. Davidson Attorney General of Florida — Opinion June 7, 1979 Parole consideration, length of sentence Carol Z. Ballamy Assistant Attorney General Michael H. Davidson General Counsel Florida Parole and Probation Commission Tallahassee QUESTION: Is the Florida Parole and Probation Commission obliged to consider eligible for parole, and interview, persons sentenced to the custody […]

The Honorable Wayne Mixson Attorney General of Florida — Opinion May 30, 1984 Commissioner of deeds/ residence Jim Smith Attorney General The Honorable Wayne Mixson Lieutenant Governor Secretary Department of Commerce Collins Building Tallahassee, Florida 32301 Attention: Ms. Amelia Rea Maguire Assistant Secretary Dear Secretary Mixson: This is in response to your department’s request for […]

The Honorable Shirley Brown Attorney General of Florida — Opinion August 23, 1993 RE: ABORTION: regulation of abortion protestors. ss. 316.2045, 316.2055, 836.05, 836.10, 838.021, 837.05, 784.048, F.S. Chs. 843, 784, 806.810, F.S. Regulation of abortion protestors Robert A. Butterworth Attorney General The Honorable Shirley Brown Representative, District 69 508 So. Pineapple Sarasota, Florida 34236 […]

Johnie A. McLeod Attorney General of Florida — Opinion July 24, 1978 Licenses and taxes, disabled veterans Robert L. Shevin, Attorney General Prepared by: Joseph C. Mellichamp III, Assistant Attorney General Johnie A. McLeod City Attorney Apopka QUESTION: Is a municipality authorized to grant a tax-exempt occupational license to a qualified disabled war veteran for […]

Charles H. Spooner City Attorney Attorney General of Florida — Opinion May 30, 1979 Municipal property lease to nonprofit corporation Patricia R. Gleason Assistant Attorney General Charles H. Spooner City Attorney Coral Gables QUESTION: Would the lease of municipally owned property for a nominal consideration to the Professional Artists’ Guild, Inc., a nonprofit corporation, violate […]

R. William Rutter, Jr. Attorney General of Florida — Opinion February 15, 1978 Indemnification contracts, state agencies Robert L. Shevin, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General R. William Rutter, Jr. Palm Beach County Attorney West Palm Beach QUESTION: Are there any legal constraints which would limit the power of a state agency […]

Mr. Wright Langley Attorney General of Florida — Opinion December 13, 1983 Authority to sell books on local history Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Wright Langley Director Historic Key West Preservation Board Monroe County Courthouse Key West, Florida 33040 Dear Mr. Langley: This is in response to […]

John A. Grant, Jr. Attorney General of Florida — Opinion March 2, 1978 Municipal housing authority, state agency Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General John A. Grant, Jr. General Counsel Tampa Housing Authority Tampa QUESTION: Is a municipal housing authority a `state agency or subdivision’ for the purposes […]

A. L. Baker, Executive Director, Department of Business Regulation, Tallahassee Attorney General of Florida — Opinion February 27, 1976 RE: REGULATION OF PROFESSION REGULATION OF REAL ESTATE “RESALE INDUSTRY” Real estate “resale industry” Robert L. Shevin, Attorney General Prepared by: Richard Goldstein, Assistant Attorney General QUESTIONS: 1. Is the regulation of the “resale industry” properly […]

Mr. Michael H. Olenick General Counsel Attorney General of Florida — Opinion June 6, 1996 RE: GOVERNMENT IN THE SUNSHINE LAW — EDUCATION, DEPARTMENT OF — MOTOR VEHICLES — meetings of Astronauts Memorial Foundation, providing training services under contract with department, subject to Sunshine Law. s. 286.011, Fla. Stat. (1995). Sunshine Law applies to Astronauts […]

Mr. Gerald T. Buhr Counsel Attorney General of Florida — Opinion January 27, 1995 RE: LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS — CODE ENFORCEMENT — MUNICIPALITIES — RESIDENCY REQUIREMENTS — SPECIAL MASTERS — residency requirements for special masters appointed by local governing body. Ch. 162, F.S. Residency Req./Special Masters Robert A. Butterworth Attorney General Mr. Gerald […]

Mr. Warren R. Ross Acting County Attorney Attorney General of Florida — Opinion June 9, 1989 Sunshine law in employee related mattters Robert A. Butterworth Attorney General Mr. Warren R. Ross Acting County Attorney Charlotte County 18500 Murdock Circle Port Charlotte, Florida 33948-1094 Dear Mr. Ross: You ask substantially the following question: Does the Government […]

Mr. Tom Herndon Attorney General of Florida — Opinion May 27, 1997 RE: STATE BOARD OF ADMINISTRATION — RETIREMENT — PUBLIC FUNDS — PUBLIC OFFICERS AND EMPLOYEES — board’s standard of care and potential liability in investment decisions. s. 215.47(9), Fla. Stat. (1996 Supp.). Retirement fund, divestiture of tobacco stock Robert A. Butterworth Attorney General […]

Mr. Neil R. Arther Attorney General of Florida — Opinion July 10, 1990 RE: MUNICIPALITIES — SPECIAL ASSESSMENTS — PENALTIES — LOCAL IMPROVEMENTS — authority of municipality to waive penalty for overdue payments for special assessments as required by s. 170.09, F.S. Penalty for overdue payments for special assessments Robert A. Butterworth Attorney General Mr. […]

Mr. Donald T. Smallwood Attorney General of Florida — Opinion January 10, 1997 RE: MUNICIPALITIES — COMMUNITY REDEVELOPMENT AGENCY — PUBLIC OFFICERS AND EMPLOYEES. City commissioner serving on city community redevelopment agency. Art. II, s. 5(a), Fla. Const.; ss. 163.357 and 163.367, Fla. Stat. Community Redevelopment Agency, dual officeholding Robert A. Butterworth Attorney General Mr. […]

Mr. Michael Halpern Attorney General of Florida — Opinion March 16, 1982 Authority to borrow money; mosquito control district Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Michael Halpern Attorney for Monroe County Mosquito Control District 618 Whitehead Street Key West, Florida 33040 Dear Mr. Halpern: This is in response to […]

Mr. Harry A. Jones Attorney General of Florida — Opinion August 19, 1999 RE: CONTRACTS — HOSPITALS — SPECIAL DISTRICTS — INDEPENDENT SPECIAL DISTRICTS — term of contract for chief executive officer employed by hospital board. Ch. 28924, Laws of Florida (1953), as amended. Term of contract for hospital chief executive officer Robert A. Butterworth […]

Mr. David B. Erwin Attorney Attorney General of Florida — Opinion April 21, 1994 RE: PUBLIC MEETINGS — GOVERNMENT IN THE SUNSHINE LAW — PUBLIC RECORDS — RECORDS — UTILITIES — applicability of Sunshine and Public Records Laws to not-for-profit corporation created under “Underground Facility Damage Prevention and Safety Act.” Ch. 556, Fla. Stat. (1993). […]

The Honorable Danny Herring Attorney General of Florida — Opinion March 25, 1997 RE: COUNTY COMMISSION, BOARD OF — COUNTIES — BAIL — county commissioner may serve as bail bond agent. 648.44(2), Fla. Stat. (1996 Supp.). County commissioner licensed as bail bond agent Robert A. Butterworth Attorney General The Honorable Danny Herring Dixie County Board […]

Mr. David P. Kirwan Monroe Attorney General of Florida — Opinion February 6, 1995 RE: LOCAL GOVERNMENT CODE ENFORCEMENT BOARD — COUNTIES — LIENS — costs of successful prosecution of code violation may be recovered even if violator remedies violation within time period set by board; lien may not be imposed by board for unpaid […]

Mr. John W. McWhirter, Jr. Attorney General of Florida — Opinion March 25, 1982 Setting price for surplus real property Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. John W. McWhirter, Jr. Attorney for Hillsborough Community College 201 E. Kennedy Boulevard Post Office Box 3350 Tampa, Florida 33601-3350 Dear Mr. McWhirter: […]

Mr. Stephen G. Beneke Attorney General of Florida — Opinion May 5, 1981 Exemption from gasoline tax; housing authority Jim Smith, Attorney General Prepared by: John Browdy, III, Assistant Attorney General Mr. Stephen G. Beneke Attorney, Pinellas County Housing Authority QUESTION: Is a housing authority, pursuant to s. 423.02, F.S., exempt from Florida gasoline taxes […]

The Honorable Jacob D. Varn Attorney General of Florida — Opinion September 9, 1981 Proper disposition of excess funds Jim Smith, Attorney General Prepared by: Barbara Staros Harmon, Assistant Attorney General The Honorable Jacob D. Varn Secretary, Department of Transportation QUESTION: What is the proper disposition of excess funds in the Marco Island toll facility […]

John J. Blair, State Attorney, Sarasota Attorney General of Florida — Opinion April 29, 1974 RE: JUVENILES HEARING ON DRIVER’S LICENSE SUSPENSION FOR FAILURE TO PARTICIPATE IN TEST FOR SOBRIETY — COURT BEFORE WHICH HEARING HELD Driver’s license suspension and sobriety Robert L. Shevin, Attorney General Prepared by: Carolyn M. Snurkowski, Assistant Attorney General QUESTION: […]

Dr. Elton J. Gissendanner Attorney General of Florida — Opinion April 6, 1983 Ad valorem taxes assessed on state agency Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Dr. Elton J. Gissendanner Executive Director Department of Natural Resources Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32303 Dear Dr. Gissendanner: This […]

Mr. C. Graham Carothers Attorney General of Florida — Opinion November 26, 1997 RE: DISTRICT SCHOOLS — PUBLIC FUNDS — LOBBYING — applicability of statute restricting state funds for lobbying to district school board. s. 11.062(2), Fla. Stat. Schools, applicability of lobbying restrictions Robert A. Butterworth Attorney General Mr. C. Graham Carothers Leon County School […]

Mr. Paul Rowell and MR. JOHN SLYE Attorney General of Florida — Opinion July 8, 1999 RE: PUBLIC RECORDS — CHILD ABUSE — DEPARTMENT OF CHILDREN AND FAMILY SERVICES — DEPARTMENT OF MANAGEMENT SERVICES — confidentiality of information in child abuse records discussed during investigatory interview for discipline of employee of Department of Children and […]

Chief Donald H. Warshaw City of Miami Attorney General of Florida — Opinion July 27, 1994 RE: FIREARMS — LAW ENFORCEMENT OFFICERS — whether identification technician is an “assistant” within the scope of s. 790.25(3)(d), Fla. Stat. (1993), for purposes of carrying a firearm without a permit. ss. 790.001, 790.01, 790.053, 790.06, and 790.25, Fla. […]

The Honorable Fran Carlton Attorney General of Florida — Opinion June 20, 1990 RE: CLERKS OF COURT — PUBLIC RECORDS — STATE ATTORNEYS — STATEWIDE PROSECUTOR — CRIMINAL PROCEDURE — investigative subpoenas issued as part of active criminal investigation exempt from public disclosure under Ch. 119, F.S.; once placed in court file, open to inspection, […]

Marshall R. Cassedy, Executive Director, The Florida Bar, Tallahassee Attorney General of Florida — Opinion November 29, 1976 RE: CONSUMER PROTECTION “LITTLE FTC ACT” APPLICABLE TO PREPAID LEGAL SERVICE PLANS Prepaid legal services and consumer protection Robert L. Shevin, Attorney General Prepared by: Bernard S. McLendon, Assistant Attorney General QUESTION: Does Ch. 501, F. S., […]

Richard E. Gerstein, State Attorney, Miami Attorney General of Florida — Opinion September 8, 1975 RE: STATE FUNDS DISPOSITION OF VOLUNTARY REIMBURSEMENTS Disposition of voluntary reimbursements Robert L. Shevin, Attorney General Prepared by: William R. Hanley, Assistant Attorney General QUESTION: Must funds voluntarily given and received as reimbursement of investigative and other costs as a […]

Mr. Rod Baker Attorney General of Florida — Opinion July 20, 1989 Per diem rate for hospital district consultants Robert A. Butterworth Attorney General Mr. Rod Baker Chief Executive Officer Jess Parrish Memorial Hospital North Brevard County Hospital District 951 North Washington Avenue Titusville, Florida 32796 Dear Mr. Baker: You ask substantially the following questions: […]

Bob Sprinkle Attorney General of Florida — Opinion October 6, 1980 Municipalities; small business loan Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Bob Sprinkle City Finance Director Ocala QUESTION: Does s. 166.261, F. S., authorize municipalities to invest in the guaranteed portion of a Small Business Administration loan? SUMMARY: Unless legislatively […]

Mr. David L. Cook Attorney General of Florida — Opinion November 9, 1982 Use of funds for laminating machine Jim Smith, Attorney General Prepared by: Linda Lettera, Assistant Attorney General Mr. David L. Cook Attorney Tax Collector of Escambia County 225 South Adams Street Post Office Box 1833 Tallahassee, Florida 32302 Dear Mr. Cook: This […]

Mr. Warren O. Tiller County Attorney Attorney General of Florida — Opinion December 3, 1985 Authority to loan county funds to city Jim Smith Attorney General Mr. Warren O. Tiller County Attorney Volusia County Post Office Box 429 DeLand, Florida 32720 Dear Mr. Tiller: This is in response to your request for an Attorney General’s […]