Category: Florida Attorney General Opinions

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. Richard H. Roth Attorney General of Florida — Opinion September 25, 1997 RE: ZONING — MUNICIPALITIES — LAND USE — effect of removal by county in replacing water lines of a portion of parking lot designated by city as a nonconforming use. Zoning, removal of nonconforming use Robert A. Butterworth Attorney General Mr. Richard […]

The Honorable Samuel R. Shorstein Attorney General of Florida — Opinion December 9, 1981 State barber exam; foreign citizen Jim Smith, Attorney General Prepared by: Susan Tully, Assistant Attorney General The Honorable Samuel R. Shorstein Secretary, Department of Professional Regulation QUESTION: Under the provisions of s. 476.174, F.S. and ch. 455, F.S., may a candidate […]

Mr. J.D. Armstrong Attorney General of Florida — Opinion February 22, 2000 RE: FIREFIGHTERS — MUNICIPALITIES — VOLUNTEER FIREFIGHTERS — EMPLOYEES — public safety officer performing professional firefighting subject to certification; volunteer firefighter receiving compensation is an employee subject to certification. ss. 633.01, 633.30, 633.31, 633.33, 633.35, Fla. Stat. Public Safety Officers, volunteer firefighters Robert […]

Mr. Richard J. Taylor Sarasota City Attorney Attorney General of Florida — Opinion September 30, 2002 RE: GAMBLING SLOT MACHINES CONTRABAND FORFEITURE ACT MUNICIPALITIES — disposition of slot machines seized by city. ss. 849.15, 932.701, 932.7055, Fla. Stat. Slot Machines, disposition of machines Robert A. Butterworth Attorney General Mr. Richard J. Taylor Sarasota City Attorney […]

Calvin A. Winter, Executive Director, Northwest Florida Water Management District, Tallahassee Attorney General of Florida — Opinion June 20, 1975 RE: WATER MANAGEMENT DISTRICTS FISCAL YEAR Water management districts Robert L. Shevin, Attorney General Prepared by: David M. Hudson, Assistant Attorney General QUESTION: Should the Northwest Florida Water Management District continue to operate on a […]

Mr. Edward Paul Kreiling City Attorney Attorney General of Florida — Opinion July 3, 1984 Sole source specifications on repair of buildings Jim Smith Attorney General Mr. Edward Paul Kreiling City Attorney City of Miramar Post Office Box 3838 Miramar, Florida 33023 Dear Mr. Kreiling: This is in response to your request for an opinion […]

Mr. John W. Burton Attorney General of Florida — Opinion June 6, 1983 Amending charter without referendum Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistant Attorney General Mr. John W. Burton City Attorney City of Wauchula Post Office Drawer 1729 Wauchula, Florida 33873 Dear Mr. Burton: This is in response to your request for […]

Richard C. Fellows, City Manager, Green Cove Springs Attorney General of Florida — Opinion July 19, 1974 RE: RESIGN-TO-RUN LAW APPLICABLE TO CITY COMMISSIONER Resign to run law and city commissioner Robert L. Shevin, Attorney General Prepared by: Michael Parrish, Assistant Attorney General QUESTION: Would the Resign-To-Run Law, s. 99.012(2), F.S., apply to city commissioners […]

Mr. Dennis J. Alfonso Attorney General of Florida — Opinion October 20, 1997 RE: CLERKS OF COURT — MARRIAGE — ALIENS — authority of clerk to issue marriage license to aliens who do not have a social security number. s. 741.04, Fla. Stat., as amended by Ch. 97-170, Laws of Florida. Clerks of court, issuance […]

Ms. Pamela K. Akin Tampa City Attorney Attorney General of Florida — Opinion May 6, 1992 Tampa Bay Performing Arts Center/Public Records Law Robert A. Butterworth Attorney General Ms. Pamela K. Akin Tampa City Attorney 315 East Kennedy Boulevard City Hall, Fifth Floor Tampa, Florida 33602 Dear Ms. Akin: You ask substantially the following question: […]

Earl R. Edwards, Executive Director, Board of Independent Postsecondary Vocational, Technical, Trade, and Business Schools, Tallahassee Attorney General of Florida — Opinion April 20, 1976 RE: EDUCATION CHANGE IN CORPORATE STRUCTURE OF INDEPENDENT SCHOOL LICENSEE — NOT TANTAMOUNT TO TRANSFER OF LICENSE Independent school licensee and transfer of license Robert L. Shevin, Attorney General Prepared […]

Mr. Gordon B. Johnston Attorney General of Florida — Opinion January 12, 2001 RE: HOMEOWNERS’ ASSOCIATIONS — RECORDS — FINANCIAL REPORTING — FINES — county’s authority to impose additional requirements on homeowners’ associations. Ch. 720, Fla. Stat. County, authority over homeowners’ associations Robert A. Butterworth Attorney General Mr. Gordon B. Johnston Marion County Attorney 601 […]

Ms. Gloria J. Saitta Attorney General of Florida — Opinion September 5, 1996 RE: PUBLIC RECORDS — JUVENILE RECORDS — JUVENILE OFFENDERS — RELEASES — confidentiality of juvenile records when offender has provided a release to inquiring party. s. 39.045(4), Fla. Stat. Release of juvenile records requested by offender Robert A. Butterworth Attorney General Ms. […]

Margaret M. Gentle, North Port Charlotte Mayor, Venice Attorney General of Florida — Opinion January 23, 1976 RE: MUNICIPALITIES MEMBERSHIP IN REGIONAL PLANNING COUNCIL Membership in regional planning council Robert L. Shevin, Attorney General Prepared by: Michael Davidson, Assistant Attorney General QUESTIONS: 1. Must a municipality adhere to a particular regional planning council area, under […]

Dr. Elton J. Gissendanner Attorney General of Florida — Opinion September 1, 1982 Public records; boating accident reports Jim Smith, Attorney General Prepared by: Linda Lettera, Assistant Attorney General Dr. Elton J. Gissendanner Executive Director Department of Natural Resources 3900 Commonwealth Boulevard Tallahassee, Florida 32303 Dear Dr. Gissendanner: This is in response to your request […]

The Honorable Buzz Ritchie Representative District 2 Attorney General of Florida — Opinion July 1, 1991 Creation of new municipality Robert A. Butterworth Attorney General The Honorable Buzz Ritchie Representative District 2 Question: May the Legislature create a new municipality which would be made up of land previously conveyed by the United States Government to […]

Harvey W. Perry, City Clerk, Live Oak Attorney General of Florida — Opinion June 25, 1974 RE: MUNICIPAL OFFICERS RETIREMENT OF HALF PAY FOR CERTAIN RETIRING OFFICERS Municipal officers and retirement of half pay Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: Will an elected city official who will […]

J. Ed Straughn, Executive Director, Department of Revenue, Tallahassee Attorney General of Florida — Opinion August 25, 1976 RE: TAXATION PERSONAL PROPERTY TAX EXEMPTION FOR TWO-WAY RADIOS INSTALLED IN MOTOR VEHICLES Personal property tax exemption Robert L. Shevin, Attorney General Prepared by: Patricia S. Turner, and David K. Miller, Assistant Attorneys General QUESTIONS: 1. Are […]

The Honorable Harry Lee Coe State Attorney Attorney General of Florida — Opinion June 7, 1993 RE: GOVERNMENT-IN-THE-SUNSHINE LAW — STATE ATTORNEY — COUNTY CRIMINAL JUSTICE COMMISSION — COUNTY ORDINANCE — LAW ENFORCEMENT OFFICERS: applicability of sunshine law to meetings of county criminal justice commission. s. 286.011, F.S. Sunshine law/county criminal justice commission Robert A. […]

Mr. James H. Peterson, III Attorney General of Florida — Opinion July 9, 1999 RE: DEPARTMENT OF HEALTH — MEDICAL MALPRACTICE — NOTICE — confidentiality of presuit notice filed in medical malpractice cases. s. 766.106, Fla. Stat. Confidentiality of presuit notice, medical malpractice Robert A. Butterworth Attorney General Mr. James H. Peterson, III General Counsel […]

Mr. Thomas B. Tart General Counsel Orlando Utilities Commission Attorney General of Florida — Opinion January 31, 1992 Customer delinquency or debtor information Robert A. Butterworth Attorney General Mr. Thomas B. Tart General Counsel Orlando Utilities Commission QUESTION: Does s. 559.72(5), F.S., exempt customer delinquency or debtor information held by the utilities commission from the […]

Fred O. Dickinson, Jr., Comptroller, Tallahassee Attorney General of Florida — Opinion November 13, 1974 RE: CITIZENSHIP MAY NOT BE REQUIRED FOR MORTGAGE BROKER’S OR SOLICITOR’S LICENSE Citizenship and mortgage brokers license Robert L. Shevin, Attorney General Prepared by: Stephen E. Mitchell, Assistant Attorney General, and Steven J. Cannata, Legal Intern QUESTIONS: 1. May a […]

Marlin M. Feagle. Attorney General of Florida — Opinion. July 10, 2007 RE: HOSPITAL AUTHORITIES-GOVERNMENT IN THE SUNSHINE-PUBLIC RECORDS-SPECIAL DISTRICTS-discussion of confidential strategic plans at closed meeting, attendance at such meeting and notice requirements. ss. 286.011, 395.3035, Fla. Stat.; Art. I, s. 24, Fla. Const. Mr. Marlin M. Feagle Attorney for the Lake Shore Hospital […]

Julia P. Forrester Attorney General of Florida — Opinion May 13, 1992 Public Records Law Robert A. Butterworth Attorney General Julia P. Forrester General Counsel Florida Health Care Cost Containment Board QUESTION: Is the patient/complainant’s name, address, hospital where admitted or any other information submitted to the Health Care Cost Containment Board by a patient […]

Elaine Gordon Attorney General of Florida — Opinion May 14, 1980 Nonpublic hospital; sunshine law Jim Smith, Attorney General Prepared by: Craig B. Willis, Assistant Attorney General Elaine Gordon Representative 98th District Tallahassee QUESTION: Are the minutes of a nonpublic hospital governing board meeting public records subject to personal inspection by any person if such […]

Mr. Bruce R. Conroy Attorney General of Florida — Opinion June 1, 1998 RE: PUBLIC OFFICERS — MUNICIPALITIES — COUNTIES — COMMUNITY REDEVELOPMENT AGENCIES — prohibition against member of redevelopment agency serving in any other public official capacity. s. 163.367(3), Fla. Stat. Community Redevelopment Agency commissioner Robert A. Butterworth Attorney General Mr. Bruce R. Conroy […]

Warren O. Tiller, Volusia County Attorney, DeLand Attorney General of Florida — Opinion October 30, 1975 RE: TRAVEL EXPENSE DEFINITION OF POINT OF ORIGIN IN COMPUTING MILEAGE Travel expense and computing mileage Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General, and Mary Jo Carpenter, Legal Research Assistant QUESTION: Does “point […]

Mr. Frederick J. Walsh Attorney General of Florida — Opinion January 14, 1987 Church as polling place Robert A. Butterworth Attorney General Mr. Frederick J. Walsh Chief of Police Orlando Police Department Post Office Box 913 Orlando, Florida 32801-0913 Dear Chief Walsh: This is in response to your request for an opinion on substantially the […]

Betty Easley, Representative, 56th District, Clearwater Attorney General of Florida — Opinion August 28, 1974 RE: TAXATION TAX COLLECTOR — DISHONORED CHECKS — RELIEF THEREFROM — REFUNDS Tax collector and dishonored checks Robert L. Shevin, Attorney General Prepared by: William R. Cave, Assistant Attorney General, and Daniel C. Brown, Legal Intern QUESTIONS: 1. Does the […]

John R. Jones, Jr., Escambia County Property Appraiser, Pensacola Attorney General of Florida — Opinion July 9, 1975 RE: TAXATION TAX LIABILITY OF LEASEHOLD INTERESTS LOCATED ON PENSACOLA NAVAL AIR STATION Tax liability of leasehold located on air station Robert L. Shevin, Attorney General Prepared by: Harold F. X. Purnell, Assistant Attorney General QUESTIONS: 1. […]

Mr. Michael W. Connors Attorney General of Florida — Opinion July 30, 1990 RE: MUNICIPALITIES — VESSELS — regulation of resident vessels by municipality which expends money for patrol, regulation, and maintenance of municipal waters Municipality’s regulation of resident vessels Robert A. Butterworth Attorney General Mr. Michael W. Connors Attorney for Village of Royal Palm […]

Mr. Wayne L. Helsby Attorney Attorney General of Florida — Opinion August 9, 1989 Veterans’ preference in employment appointment Robert A. Butterworth Attorney General Mr. Wayne L. Helsby Attorney for the Orlando Utilities Commission Barnett Plaza, Suite 740 201 South Orange Avenue Orlando, Florida 32801 Dear Mr. Helsby: You ask on behalf of the Orlando […]

Mr. Norm D. Fugate. Attorney General of Florida — Opinion June 7, 2010 RE: MUNICIPALITIES — CHARTER AMENDMENTS — MUNICIPAL DISSOLUTION — PETITIONS — REFERENDA — use of charter amendment petition to dissolve municipality. ss. 165.051, 166.021, and 166.031, Fla. Stat. Mr. Norm D. Fugate Inglis Town Attorney Post Office Drawer 429 Inglis, Florida 34449 […]

Gwen Margolis, Representative, 102nd District, Tallahassee Attorney General of Florida — Opinion May 27, 1976 RE: TAXATION NO AUTHORITY FOR PLAN TO DEFER AD VALOREM TAXATION THROUGH ISSUANCE OF TAX ANTICIPATION NOTES Deferring ad valorem taxation Robert L. Shevin, Attorney General Prepared by: Harold F. X. Purnell, Assistant Attorney General QUESTIONS: 1. Would the bill […]

Richard L. Jorandby, Public Defender, West Palm Beach Attorney General of Florida — Opinion March 7, 1975 RE: PUBLIC DEFENDER NO AUTHORITY TO CONTRACT WITH PRIVATE CORPORATION FOR SERVICES OF PSYCHOLOGIST AND INVESTIGATOR Public defender and authority to contract Robert L. Shevin, Attorney General Prepared by: Zollie M. Maynard, Jr., Assistant Attorney General, and Charles […]

Mr. Donald J. Lunny, Jr. Plantation City Attorney Attorney General of Florida — Opinion December 21, 1995 RE: WEAPONS — FIREARMS — MUNICIPALITIES — COUNTIES — CHARTER COUNTIES — municipality in charter county other than one created by the Florida Constitution subject to section 790.08, Florida Statutes, governing disposition of weapons. s. 790.08, Fla. Stat. […]

Sara M. Fotopulos Attorney General of Florida — Opinion September 22, 1986 Environmental protection commission, permits Jim Smith Attorney General To: Sara M. Fotopulos Chief Counsel Hillsborough County Environmental Protection Commission QUESTION: May rules and regulations of the Hillsborough County Environmental Protection Commission require the issuance of a permit by the environmental director to construct, […]

Mr. Philip E. Perrey Attorney General of Florida — Opinion May 25, 1983 Use of fuel tax to maintain channels Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Philip E. Perrey City Attorney City of Anna Maria 111 Third Avenue West Post Office Box 9480 Bradenton, Florida 33506 Dear Mr. Perrey: […]

The Honorable Ray Sansom Attorney General of Florida — Opinion April 20, 2005 RE: GOVERNMENT IN THE SUNSHINE — COMMUNITY COLLEGES — DIRECT SUPPORT ORGANIZATIONS — applicability of Sunshine Law to community college direct support organizations. ss. 286.011, 1004.70, Fla. Stat. Sunshine Law, community college foundation Charlie Crist Attorney General The Honorable Ray Sansom Representative, […]

The Honorable Doyle Conner Attorney General of Florida — Opinion July 29, 1983 Motor vehicle warranty enforcement act; effective date Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistant Attorney General The Honorable Doyle Conner Commissioner of Agriculture The Capitol Tallahassee, Florida 32301 Dear Commissioner Conner: This is in response to your request for an […]

Mr. Andrew DeGraffenreidt, III City Attorney Attorney General of Florida — Opinion June 26, 1984 Municipality’s seniority system Jim Smith Attorney General Mr. Andrew DeGraffenreidt, III City Attorney City of Hollywood Gen. Joseph W. Watson Circle Post Office Box 2207 Hollywood, Florida 33022 Dear Mr. DeGraffenreidt: This is in response to your request for an […]

Mr. H.R. Thornton, Jr. Attorney General of Florida — Opinion January 26, 1984 Impact fees and school board Jim Smith Attorney General Mr. H.R. Thornton, Jr. City Attorney City of St. Cloud 1300 Ninth Street St. Cloud, Florida 32769 Dear Mr. Thornton: This is in response to your request for an opinion on substantially the […]

Mr. Johnny Brown Miami-Dade County School Board Attorney Attorney General of Florida — Opinion February 9, 2005 RE: SCHOOLS — MUNICIPALITIES — EMINENT DOMAIN — EDUCATIONAL FACILITIES — authority of school board to exercise eminent domain to acquire property on behalf of a municipality. ss. 1013.24 and 1013.28, Fla. Stat. Eminent domain, school board’s authority […]

Sal Geraci, Clerk, Circuit Court, Fort Myers Attorney General of Florida — Opinion April 30, 1974 RE: CIRCUIT COURT CLERKS FEE FOR FILING TESTAMENTARY TRUST IN CONNECTION WITH PROBATE PROCEEDING Fee for filing testamentary trust Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: May a circuit court clerk charge […]

W. T. Harrison, Jr. Attorney General of Florida — Opinion June 5, 1978 Airport authority, travel expenses Robert L. Shevin, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General W. T. Harrison, Jr. Attorney Sarasota-Manatee Airport Authority Sarasota QUESTION: Are members of the Sarasota-Manatee Airport Authority entitled to reimbursement for travel expenses in traveling to […]

The Honorable James R. Feimster Attorney General of Florida — Opinion April 14, 1987 Investment of surplus funds Robert A. Butterworth Attorney General The Honorable James R. Feimster Mayor Commissioner Town of Redington Shores Town Hall 17798 Gulf Boulevard Redington Shores, Florida 33708 Dear Mayor Feimster: This is in response to your request for an […]

Herman Cherry, City Manager, Madison Attorney General of Florida — Opinion May 22, 1974 RE: TAXATION MUNICIPAL UTILITY TAX EXEMPTIONS Municipal utility tax exemptions Robert L. Shevin, Attorney General Prepared by: Stephen E. Mitchell, Assistant Attorney General, and M. Susan Potter, Legal Intern QUESTION: Does a municipality have authority under s. 166.231(4), F.S., as enacted […]

Larry Strong Acting Secretary Department of Management Services Attorney General of Florida — Opinion October 22, 1992 SUNCOM services Robert A. Butterworth Attorney General Larry Strong Acting Secretary Department of Management Services QUESTION: 1. May the Department of Management Services (DMS) require nonstate agencies using SUNCOM services to reimburse the Communications Working Capital Trust Fund […]

Mr. Gary E. Eckstine Attorney General of Florida — Opinion March 21, 2001 RE: TRAFFIC — COUNTIES — DEPARTMENT OF TRANSPORTATION — parking restrictions on state roads. ss. 316.002, 316.006 and 316.194, Fla. Stat. County, parking restrictions on state road right of way Robert A. Butterworth Attorney General Mr. Gary E. Eckstine Flagler County Attorney […]

Russell H. McIntosh Judge Circuit Court West Palm Beach Attorney General of Florida — Opinion January 11, 1977 Bondsman, power to arrest Robert L. Shevin, Attorney General Prepared by: Jerald S. Price Assistant Attorney General QUESTIONS: 1. When a bondsman writes a bond for one company and the bond is estreated, and after the estreature […]

The Honorable Lynn Tepper Judge Attorney General of Florida — Opinion September 12, 1996 RE: COURTS — DOMESTIC VIOLENCE — enforcement of foreign domestic violence orders. 18 U.S.C. § 2265. Enforcement of foreign domestic violence orders Robert A. Butterworth Attorney General The Honorable Lynn Tepper Judge, Sixth Judicial Circuit of Florida 38053 Live Oak Avenue, […]

The Honorable Barbara A. Davis Attorney General of Florida — Opinion November 1, 1990 RE: TAXATION — TAX COLLECTORS — to redeem tax certificate, property owner must pay face amount of certificate together with minimum of five years of face value, the proceeds less service charges are paid to tax certificate owner. Redemption of tax […]

Ed Duffee, Jr., Chairman, Career Service Commission, Tallahassee Attorney General of Florida — Opinion May 29, 1975 RE: CAREER SERVICE COMMISSION WHEN COSTS, EXPENSES, ATTORNEY’S FEES INCURRED DURING APPEAL BEFORE COMMISSION MAY BE AWARDED Career service commission and attorney’s fees Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: May […]

Frank Wanicka, Lee County Sheriff, Fort Myers Attorney General of Florida — Opinion August 30, 1976 RE: FIREWORKS “BOTTLEROCKETS” WITHIN DEFINITION OF FIREWORKS Definition of bottlerocket Robert L. Shevin, Attorney General Prepared by: Michael H. Davidson, Assistant Attorney General QUESTION: Is the retail sale or the use of the type of firework called “bottlerocket” prohibited […]

Mr. Daniel P. Fernandez Attorney General of Florida — Opinion November 29, 1988 Lease-purchase agreement by water district Robert A. Butterworth Attorney General Mr. Daniel P. Fernandez General Counsel Southwest Florida Water Management District 2379 Broad Street Brooksville, Florida 34609-6899 Dear Mr. Fernandez: You ask substantially the following question: May the Southwest Florida Water Management […]

Dorothy W. Glisson, Secretary, Department of Professional and Occupational Regulation, Tallahassee Attorney General of Florida — Opinion May 11, 1976 RE: DENTISTRY PLACEMENT OF DENTIST’S SIGNS — OFFICE DOOR AND BUILDING DIRECTORY Placement of dentist sign Robert L. Shevin, Attorney General Prepared by: Donald D. Conn, Assistant Attorney General QUESTION: Is a dentist absolutely limited, […]

Gus A. Sliger Chairman Board of Professional Land Surveyors Attorney General of Florida — Opinion July 12, 1991 Creation of Rules Imposing Minimum Technical Standards Robert A. Butterworth Attorney General Gus A. Sliger Chairman Board of Professional Land Surveyors Department of Professional Regulation QUESTION: May the Board of Professional Land Surveyors promulgate rules imposing minimum […]

Miller Newton, Clerk, Circuit Court, Dade City Attorney General of Florida — Opinion June 10, 1976 RE: JUDGES JUDICIAL CANDIDATES QUALIFY BEFORE DIVISION OF ELECTIONS; ELIGIBILITY OF SPECIFIC CANDIDATE IS JUDICIAL QUESTION Eligibility of judicial candidates Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: Is the former municipal judge […]

Mr. Robert Bruce Snow County Attorney Attorney General of Florida — Opinion December 5, 1988 Application of Ch. 88-108 to continuing contracts Robert A. Butterworth Attorney General Mr. Robert Bruce Snow County Attorney Hernando County Post Office Box 2060 Brooksville, Florida 34298-2060 Dear Mr. Snow: You have asked substantially the following question: Do the provisions […]

Mr. David G. Conn Attorney General of Florida — Opinion April 2, 1984 Arrest report / public records Jim Smith Attorney General Mr. David G. Conn Attorney Clerk of the Circuit Court St. Johns County 28 Cordova Street Post Office Box 408 St. Augustine, Florida 32085-0408 Dear Mr. Conn: This is in response to your […]

Mr. A. Quinn Jones, III Miami City Attorney Attorney General of Florida — Opinion March 16, 1994 RE: SUNSHINE LAW — MUNICIPALITIES — meetings of negotiations subject to s. 286.011, F.S. Meetings of a negotiating team subject to Sunshine Law Robert A. Butterworth Attorney General Mr. A. Quinn Jones, III Miami City Attorney Dupont Plaza […]

Mr. C. Dean Lewis Suwannee County Attorney Attorney General of Florida — Opinion August 5, 1994 RE: COUNTIES — DUAL OFFICEHOLDING — COUNTY COMMISSIONERS, BOARD OF — board of county commission may designate itself to serve ex officio as board of adjustment. Art. II, s. 5(a), Fla. Const. Cty. Comm. ex officio designation board of […]

The Honorable Robert E. Stone Attorney General of Florida — Opinion January 26, 1984 Funds used to pay dues of professional organization Jim Smith Attorney General The Honorable Robert E. Stone State Attorney Post Office Drawer 4401 Fort Pierce, Florida 33450 Dear Mr. Stone: This is in response to your request for an opinion on […]

Dwight W. Severs, City Attorney, Titusville Attorney General of Florida — Opinion December 9, 1974 RE: MUNICIPALITIES SANITARY SEWER SERVICES NOT SUBJECT TO UTILITY TAX Utility tax and sewer system Robert L. Shevin, Attorney General Prepared by: Joseph C. Mellichamp III, Assistant Attorney General QUESTION: May a municipality levy a utility tax on the users […]

Sal Geraci Attorney General of Florida — Opinion January 11, 1977 Voting rights of physically incompetent Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason Assistant Attorney General Sal Geraci Clerk Circuit Court Fort Myers QUESTIONS: 1. Is a person who has been adjudicated physically incompetent, and for whose property a guardian has been […]

W. W. Caldwell, Jr., City Attorney, Fort Lauderdale Attorney General of Florida — Opinion June 1, 1976 RE: MUNICIPALITIES PROPRIETY OF IMPOSING HIGHER FEES ON NONRESIDENTS USING MUNICIPAL RECREATIONAL FACILITIES Nonresidents and municipal recreational facilities Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: May a municipality charge a higher […]

Fred O. Dickinson, Jr., Comptroller, Tallahassee Attorney General of Florida — Opinion January 14, 1974 RE: SPECIAL DISTRICTS — WHETHER UNITS OF STATE GOVERNMENT OR LOCAL GOVERNMENT Special districts as unit of state government Robert L. Shevin, Attorney General Prepared by: Sydney H. McKenzie III, Assistant Attorney General QUESTIONS: 1. Is the Canal Authority of […]

Jesse J. McCrary, Jr. Attorney General of Florida — Opinion December 22, 1978 Limited partnerships, invested capital Robert L. Shevin, Attorney General Prepared by: Craig B. Willis, Assistant Attorney General Jesse J. McCrary, Jr. Secretary of State Tallahassee QUESTIONS: 1. What is the legislatively intended meaning of the term `invested capital’ as used in s. […]

The Honorable Gaylen Jungling Acting Secretary Attorney General of Florida — Opinion January 26, 1987 HRS and access to school records Robert A. Butterworth Attorney General The Honorable Gaylen Jungling Acting Secretary Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, Florida 32301 Dear Secretary Jungling: This is in response to your predecessor’s request […]

Mr. Timothy J. Sloan Attorney General of Florida — Opinion April 22, 2010 RE: SUNSHINE LAW — PUBLIC RECORDS — CHARTER SCHOOLS — NEPOTISM — whether team created to review personnel decisions avoids nepotism law; applicability of Sunshine and Public Records laws. Mr. Timothy J. Sloan Post Office Box 2327 Panama City, Florida 32402-2327 Bill […]

Mr. John J. Hearn. Attorney General of Florida — Opinion February 7, 2011 RE: PUBLIC RECORDS LAW — GOVERNMENT IN THE SUNSHINE LAW — MEETINGS — NON-PROFIT CORPORATIONS — FOUNDATIONS — MUNICIPALITIES — whether not-for-profit foundation is subject to Sunshine and Public Records Laws. s. 286.011, Fla. Stat.; Ch. 119, Fla. Stat. Mr. John J. […]

Harmon W. Shields, Executive Director, Department of Natural Resources, Tallahassee Attorney General of Florida — Opinion October 29, 1974 RE: LAND CONSERVATION ACT ENDANGERED LAND FUNDS EXPENDITURE LIMITED TO CONSERVATION-RELATED PURPOSE Land conservation act Robert L. Shevin, Attorney General Prepared by: Patricia Colleen Dunn, Assistant Attorney General QUESTION: May funds from the environmentally endangered lands […]

Mr. Kenneth B. Cuyler Attorney General of Florida — Opinion January 29, 1990 RE: COUNTIES — TRAVEL EXPENSES — PUBLIC EMPLOYEE — county must consider only those factors enumerated in granting reasonable fixed monthly allowances for the use of private vehicles in conducting official business Travel Expenses, fixed monthly vehicle allowance Robert A. Butterworth Attorney […]

Mr. James D. Palermo Tampa City Attorney Attorney General of Florida — Opinion May 23, 1996 RE: COMMUNITY REDEVELOPMENT DISTRICTS — AD VALOREM TAXATION — TAXATION — tax increment based on taxes levied in previous year refers to taxes actually imposed. ss. 163.387, 193.122, and 200.065, Fla. Stat. (1995). Community redevelopment, tax increment determination Robert […]

Mr. Thomas A. Sheehan, III Attorney General of Florida — Opinion December 8, 1999 RE: PUBLIC FUNDS — ROADS — WATER CONTROL DISTRICTS — use of district funds to maintain private roads. Ch. 99-425, Laws of Fla. Water control district funds, private road maintenance Robert A. Butterworth Attorney General Mr. Thomas A. Sheehan, III General […]

Robert S. Ryder Attorney General of Florida — Opinion June 15, 1978 County roads, limitations on expenditures Robert L. Shevin, Attorney General Prepared by: Dennis J. Wall, Assistant Attorney General Robert S. Ryder Marion County Attorney Ocala QUESTIONS: 1. May the board of county commissioners of a noncharter county expend public funds for constructing and […]

Ms. Linda S. Calvert Hanson Attorney General of Florida — Opinion June 2, 1999 RE: SPECIAL DISTRICTS — TAXATION — ELECTIONS — procedures for sale of property for delinquent taxes; property owner’s participation in district elections when property has tax certificate issued on it. ss. 197.502, 197.512, 298.11, 298.12, 298.341 and 298.345, Fla. Stat. Taxation, […]

Richard (Dick) Stone, Secretary of State, Tallahassee Attorney General of Florida — Opinion April 26, 1974 RE: ELECTIONS — ELECTIONS COMMISSION — AUTHORITY TO INVESTIGATE ALLEGED ILLEGALITY OCCURRING PRIOR TO APPOINTMENT OF COMMISSION MEMBERS Authority of elections commission to investigate Robert L. Shevin, Attorney General Prepared by: Michael Parrish, Assistant Attorney General QUESTION: Does the […]

Fred J. Mancinik, Lake Helen City Attorney, DeLand Attorney General of Florida — Opinion February 8, 1974 RE: PUBLIC RECORDS — RECORDS OF MUNICIPALLY OPERATED UTILITY Records of municipally operated utility Robert L. Shevin, Attorney General Prepared by: Jan Dunn, Assistant Attorney General QUESTION: Are the records of a city owned and operated electrical utility […]

Mr. Tom Gardner Attorney General of Florida — Opinion August 15, 1990 RE: WATER MANAGEMENT DISTRICTS — SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT — STATE AGENCIES — water management district created pursuant to Ch. 373, F.S., not a state agency for purposes of s. 253.025(8)(e), F.S. Water management district Robert A. Butterworth Attorney General Mr. Tom […]

Mr. Victor J. Troiano Attorney General of Florida — Opinion August 20, 1990 RE: CLERKS OF THE CIRCUIT COURTS — RECORDS — recording of documents by clerk when documents not required or authorized by law to be recorded. s. 28.222, F.S. Recording of documents by clerk Robert A. Butterworth Attorney General Mr. Victor J. Troiano […]

Mr. Jerry D. Bell Attorney General of Florida — Opinion February 3, 1984 Amending charter without referendum Jim Smith Attorney General Mr. Jerry D. Bell City Attorney City of Gulfport Post Office Box 5187 Gulfport, Florida 33737 Dear Mr. Bell: This is in response to your request for an opinion asking substantially the following question: […]

Mr. Ronald W. Thomas Attorney General of Florida — Opinion August 2, 1985 Authority to limit remedies in state contract Jim Smith Attorney General Mr. Ronald W. Thomas Executive Director Department of General Services The Larson Building Tallahassee, Florida 32301 Dear Mr. Thomas: This is in response to your request for an opinion on substantially […]

Mr. Richard L. Oftedal Attorney General of Florida — Opinion July 31, 1986 Volunteers transporting students, liability of Jim Smith Attorney General Mr. Richard L. Oftedal General Counsel School Board of Palm Beach County 3323 Belvedere Road West Palm Beach, Florida 33402 Dear Mr. Oftedal: This is in response to your request for an opinion […]

Mr. Charles C. Chillingworth Attorney General of Florida — Opinion February 24, 1981 Special District Jim Smith, Attorney General Prepared by: Linda Lettera, Assistant Attorney General Mr. Charles C. Chillingworth Attorney for South Indian River Water Control District QUESTION: May the board of supervisors disregard a limitation on its spending and taxing power contained in […]

J. H. Roberts, Jr. City Attorney Lakeland Attorney General of Florida — Opinion October 25, 1977 Municipalities, reciprocal insurance associations Robert L. Shevin, Attorney General Prepared by: Daniel C. Brown Assistant Attorney General QUESTIONS: 1. Would participation by the City of Lakeland in the formation of a reciprocal insurance association composed entirely of Florida municipalities […]

Mr. Richard T. Farrell Secretary, Attorney General of Florida — Opinion June 24, 1996 RE: GAMBLING — PARI-MUTUELS — BUSINESS AND PROFESSIONAL REGULATION, DEPT. OF — COUNTIES — passage of county ordinance necessary to approve cardroom gaming. s. 849.086, Fla. Stat. Gambling — ordinance necessary for cardroom gaming Robert A. Butterworth Attorney General Mr. Richard […]

Mr. Gordon B. Johnson Attorney General of Florida — Opinion November 24, 1999 RE: COUNTIES — TAXATION — HOMESTEAD EXEMPTION — board of county commissioners not authorized to enact additional requirements for eligibility of additional homestead tax exemption. s. 196.075, Fla. Stat. Additional Homestead Exemption Robert A. Butterworth Attorney General Mr. Gordon B. Johnson Marion […]

Philip S. Shailer, State Attorney, Fort Lauderdale Attorney General of Florida — Opinion April 15, 1975 RE: JUVENILES PUBLICATION OF NAME, AGE, AND ADDRESS OF JUVENILE — WHEN PERMISSIBLE Publication of juvenile name and address Robert L. Shevin, Attorney General Prepared by: Michael M. Corin, Assistant Attorney General QUESTION: Does Ch. 39, F.S., or any […]

Mr. Gregory L. Coler, Secretary Attorney General of Florida — Opinion April 11, 1990 RE: HEALTH AND REHABILITATIVE SERVICES, DEPARTMENT OF — SEARCH WARRANTS — SEARCHES — department agents may conduct warrantless searches pursuant to statutory duties and powers as directed by departmental rule. Part II, Ch. 499, F.S., and Rule 10D-45.0545, F.A.C. Department agents […]

John R. Jones, Jr., Escambia County Property Appraiser, Pensacola Attorney General of Florida — Opinion January 8, 1976 RE: COUNTY EMPLOYEES PROPERTY APPRAISER MAY NOT INDEPENDENTLY ESTABLISH GROUP INSURANCE PROGRAM FOR EMPLOYEES Property appraiser and group insurance Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: May the property appraiser’s […]

Mr. Daniel J. Bosanko Attorney General of Florida — Opinion September 1, 1999 RE: GOVERNMENT IN THE SUNSHINE LAW — PUBLIC RECORDS — COUNTIES — BUILDING PERMITS — HOMEOWNERS’ ASSOCIATIONS — architectural review committees of homeowners’ association whose approval is required by county ordinance prior to obtaining county building permit subject to Sunshine and Public […]

Mr. David Jove. Attorney General of Florida — Opinion December 27, 2005 RE: MUNICIPALITIES — PUBLIC OFFICERS — RESIDENCY — ELECTIONS — authority of municipality to impose three year residency requirement on candidates for city commission. Residency requirement for city commission candidates Mr. David Jove Hallandale Beach City Attorney 400 South Federal Highway Hallandale Beach, […]

The Honorable Robert F. Milligan Attorney General of Florida — Opinion February 28, 1996 RE: DEPARTMENT OF BANKING AND FINANCE — DAMAGES — NEGLIGENCE — authority of Department of Banking and Finance to collect payments due under statute apportioning punitive damages. s. 768.73, Fla. Stat. State’s collection of punitive damage awards Robert A. Butterworth Attorney […]

The Honorable John B. Dunkle Attorney General of Florida — Opinion September 23, 1982 Authority to pay for deposition costs Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistant Attorney General The Honorable John B. Dunkle Clerk of the Circuit Court Palm Beach County 300 North Dixie Drawer H West Palm Beach, Florida 33402 Dear […]

Mr. James T. Moore Attorney General of Florida — Opinion May 24, 1994 RE: LAW ENFORCEMENT, DEPARTMENT OF — RECORDS — LAW ENFORCEMENT — information contained in integrated violent crime information system exempt from disclosure as criminal intelligence or investigative information. ss. 119.07, 119.011(3), 943.03(12), Fla. Stat. (1993) Information in integrated violent crime info system […]

Les W. Burke Attorney General of Florida — Opinion April 20, 1978 Parking rights to public property Robert L. Shevin, Attorney General Prepared by: Frank A. Vickory, Assistant Attorney General Les W. Burke Bay County Attorney Panama City QUESTION: What rights does the public have to a parcel of property shown on a plat filed […]

Michael P. Martin Attorney General of Florida — Opinion August 27, 1991 Expunction of Records Robert A. Butterworth Attorney General Michael P. Martin Office of Chief Counsel Department of the Treasury Bureau of Alcohol, Tobacco and Firearms QUESTION: 1. May records of a conviction be expunged pursuant to s. 943.058, F.S. (1990 Supp.)? 2. Does […]