Category: Florida Attorney General Opinions

Curtis A. Golden State Attorney Attorney General of Florida — Opinion July 27, 1979 Contract to retain assistant state attorney for 3 years Joslyn Wilson Assistant Attorney General Curtis A. Golden State Attorney Pensacola QUESTION: May a state attorney legally contract with an assistant state attorney for a definite period of employment exceeding 3 years? […]

Ralph W. White, Clerk of Courts, Key West Attorney General of Florida — Opinion December 3, 1975 RE: COURT CLERKS RESPONSIBILITY FOR CLERK’S FEES IN CERTAIN PROCEEDINGS Responsibility for clerk’s fees Robert L. Shevin, Attorney General Prepared by: Martin S. Friedman, Assistant Attorney General QUESTIONS: 1. Is the board of county commissioners responsible for payment […]

Ronald W. Thomas Executive Director Department of General Services Attorney General of Florida — Opinion March 15, 1991 Permits / Enforcement of Water and Wastewater Systems Robert A. Butterworth Attorney General Ronald W. Thomas Executive Director Department of General Services QUESTION: What are the respective responsibilities of the Department of Environmental Regulation and the Department […]

Mr. Michael S. Mullin Nassau County Attorney Attorney General of Florida — Opinion November 3, 2003 RE: COUNTIES — OCCUPATIONAL LICENSE — ORDINANCES — county’s authority to revise its occupational license ordinance. ss. 205.0315, 205.033, and 205.0535, Fla. Stat. Revision of county’s occupational license ordinance Charlie Crist Attorney General Mr. Michael S. Mullin Nassau County […]

Mr. Stephen W. Fisk Attorney General of Florida — Opinion November 22, 1983 Adoption of special district rules Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Stephen W. Fisk Attorney for Holiday Park Park and Recreation District 217 South Nassau Street Venice, Florida 33595 Dear Mr. Fisk: This is in […]

Mr. Donald J. Lunny Plantation City Attorney Attorney General of Florida — Opinion July 21, 1995 RE: TAXATION — OCCUPATIONAL LICENSE TAXES — MUNICIPALITIES — ORDINANCES — amendment of municipal occupational license tax ordinance. ss. 205.0535, Fla. Stat. Ch. 205, Fla. Stat. Amendment/municipal occupational license tax ordinance Robert A. Butterworth Attorney General Mr. Donald J. […]

The Honorable Ralph G. Ranney Attorney General of Florida — Opinion August 2, 2001 RE: STATEWIDE ADVOCACY COUNCIL — LOCAL ADVOCACY COUNCILS-DEPARTMENT OF JUVENILE JUSTICE — HUMAN RIGHTS — CONSTITUTIONAL RIGHTS — site visits to juvenile justice facility by advocacy councils in absence of complaint. ss. 402.164–402.167, Fla. Stat. Advocacy Councils, visits to juvenile justice […]

Laurence Feingold City Attorney Attorney General of Florida — Opinion November 9, 1992 Risk management program meetings/Govt. in Sunshine Robert A. Butterworth Attorney General Laurence Feingold City Attorney City of Miami Beach QUESTION: Does s. 768.28(14), F.S., exempt the risk management program meetings between the city attorney, city’s risk manager, and city commission from the […]

Mr. Tom Gardner Executive Director Department Attorney General of Florida — Opinion March 29, 1989 Land acquisitions and Internal Improvement Trust Fund Robert A. Butterworth Attorney General Mr. Tom Gardner Executive Director Department of Natural Resources Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399 Dear Mr. Gardner: You have asked the following question: […]

Mr. Robert D. Pritt. Attorney General of Florida — Opinion February 29, 2008 RE: VEHICLES — TRAFFIC CONTROL — SAFETY RESTRAINTS — MUNICIPALITIES — authority of city to require seat belts when riding in open body of pickup truck. ss. 316.001, 316.002, 316.008, 316.613, 316.614, and 316.2015, Fla. Stat. Mr. Robert D. Pritt City Attorney […]

Randy Miller Attorney General of Florida — Opinion March 24, 1980 assessment; fuels used in production of electricity Jim Smith, Attorney General Prepared by: Barbara Staros Harmon, Assistant Attorney General Randy Miller Executive Director Department of Revenue Tallahassee QUESTIONS: 1. Prior to the July 1, 1978, effective date of s. 3 of ch. 78-269, Laws […]

Mr. Herbert Stuart Zischkau, III. Attorney General of Florida — Opinion June 7, 2010 RE: DUAL OFFICE-HOLDING — SPECIAL MAGISTRATES — MAGISTRATES — CODE ENFORCEMENT BOARDS — PLANNING AND ZONING COMMISSIONS — PLANNING COMMISSIONS — CITY COMMISSIONERS — ability of member of board or commission to serve as a special magistrate. s. 5(a), Art. II, […]

W. R. Scott, City Attorney, Stuart Attorney General of Florida — Opinion August 28, 1975 RE: MUNICIPALITIES JOINT OPERATION WITH COUNTY OF RECREATIONAL FACILITIES LOCATED OUTSIDE CITY LIMITS Joint operation with county of recreational facilities Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: May a city enter into an […]

The Honorable Wallace E. Orr Attorney General of Florida — Opinion September 1, 1982 Safety plans; copyright laws Jim Smith, Attorney General Prepared by: Linda Lettera, Assistant Attorney General The Honorable Wallace E. Orr Secretary Department of Labor and Employment Security The Berkeley Building Suite 206 2590 Executive Center Circle, East Tallahassee, Florida 32301 Dear […]

Mr. Burt L. Saunders County Attorney Attorney General of Florida — Opinion October 10, 1984 Costs of criminal prosecutions Jim Smith Attorney General Mr. Burt L. Saunders County Attorney Collier County Building F Collier County Courthouse Naples, Florida 33962 Attention: Bruce Anderson Assistant County Attorney Dear Mr. Saunders: Subsequent to the issuance of AGO 84-26, […]

Mr. John S. Slye Attorney General of Florida — Opinion March 2, 1998 RE: STATE AGENCIES — CHILDREN AND FAMILIES, DEPARTMENT OF — ATTORNEY’S FEES — COSTS — department not authorized to pay attorney fees of prevailing party in absence of court order or statute. s. 57.105, Fla. Stat. State Agencies, prevailing party’s attorneys fees […]

The Honorable Daun Crews Attorney General of Florida — Opinion August 27, 1986 Recordation of out of state liens Jim Smith Attorney General The Honorable Daun Crews Clerk of Circuit Court Jackson County Post Office Drawer 510 Marianna, Florida 32446 Dear Mr. Crews: This is in response to your request for an opinion on substantially […]

Royal Untreiner, Escambia County Sheriff, Pensacola Attorney General of Florida — Opinion February 12, 1974 RE: SHERIFFS — METHODS OF PROCESS SERVICE — FEES FOR SERVICE — WITNESSES MAY NOT BE COMPELLED TO ATTEND WITHOUT PAYMENT OR DEPOSIT OF FEES Methods of process service and fees Robert L. Shevin, Attorney General Prepared by: Michael Parrish, […]

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 […]

The Honorable Colemon W. Best Attorney General of Florida — Opinion April 30, 1982 Authority to invest funds of commission Jim Smith, Attorney General Prepared by: Gerry Hammond, Assistant Attorney General The Honorable Colemon W. Best Clerk of Courts Hardee County Post Office Drawer 1749 Wauchula, Florida 33873 Dear Mr. Best: This is in response […]

W. Gray Dunlap, Pinellas County Attorney, Clearwater Attorney General of Florida — Opinion July 9, 1975 RE: OCCUPATIONAL LICENSING DEFINITION OF “MORAL TURPITUDE”; COUNTY LICENSING BOARD’S POWERS IN DETERMINING PROPRIETY OF LICENSURE “Moral Turpitude” and occupational licensing Robert L. Shevin, Attorney General Prepared by: Robert Woolfork, Assistant Attorney General QUESTIONS: 1. Are convictions for driving […]

Mr. Daniel S. McIntyre St. Lucie County Attorney Attorney General of Florida — Opinion February 13, 1994 RE: COUNTIES — NON-AD VALOREM ASSESSMENT — MUNICIPAL SERVICE TAXING UNIT — when entire assessment levied in first year but payable in installments, is qualified as lien of record holding governmental unit. s. 197.582, Fla. Stat. Non-ad valorem […]

Herman A. Heise Attorney General of Florida — Opinion May 16, 1978 Collective bargaining contract, community college Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General Herman A. Heise President Indian River Community College Fort Pierce QUESTION: What effect does a provision of a collective bargaining contract between a labor organization […]

Mr. John P. R. Washington, II and Mr. Harry K. Singletary, Jr. Attorney General of Florida — Opinion November 20, 1998 RE: CORRECTIONAL PRIVATIZATION COMMISSION — CORRECTIONS, DEPARTMENT OF — INMATES — medical audits by Department of Corrections in Correctional Privatization Commission’s private facilities. ss. 944.31, 944.151, 944.715, and Ch. 957, Fla. Stat. Correctional Privatization […]

Sara B. Rawls, Suwannee County Tax Collector, Live Oak Attorney General of Florida — Opinion June 17, 1975 RE: TAXATION REDEMPTION OF COUNTY-HELD CERTIFICATE PURCHASED DURING DISCOUNT PERIOD — DISCOUNT ALLOWABLE Redemption of county-held certificate Robert L. Shevin, Attorney General Prepared by: Zollie M. Maynard, Jr., Assistant Attorney General, and Charles R. Denman, Legal Intern […]

Ms. Shirley A. Walker Chief Commissioner Department of Labor Attorney General of Florida — Opinion June 30, 1989 Release of medical records to employer Robert A. Butterworth Attorney General Ms. Shirley A. Walker Chief Commissioner Department of Labor and Employment Security 2562 Executive Center Circle, East Montgomery Building, Suite 215 Tallahassee, Florida 32399-0655 Dear Ms. […]

Henry B. Sayler Senator 20th District St. Petersburg Attorney General of Florida — Opinion December 21, 1977 Special acts, constitutional law Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason Assistant Attorney General QUESTIONS: 1. Is Ch. 59-1736, Laws of Florida, as amended, which creates the Pinellas County Park Board, violative of s. 11(a)(1), […]

J. H. “Jim” Williams, Lt. Governor, Tallahassee Attorney General of Florida — Opinion June 30, 1976 RE: PUBLIC EMPLOYEES RIGHTS TO REEMPLOYMENT UPON SEPARATION FROM MILITARY SERVICE State reemployment of veterans Robert L. Shevin, Attorney General Prepared by: Staff QUESTIONS: 1. What is the status of s. 115.01, F. S., in light of federal legislation […]

Mr. Harry K. Singletary, Jr. Secretary Attorney General of Florida — Opinion March 20, 1996 RE: CORRECTIONS, DEPARTMENT OF — PRISONERS — GAIN-TIME — department may adopt rule denying award of incentive gain-time to certain classes of inmates when rule applied prospectively and does not affect gain-time already awarded. s. 944.275, Fla. Stat. Prisoners, incentive […]

John R. Forbes, Chairman, House Commerce Committee, Tallahassee Attorney General of Florida — Opinion January 28, 1975 RE: ADMINISTRATIVE PROCEDURE ACT “RULE” DEFINED Definition of a rule and administrative procedure act Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: Are L H Bulletins issued by the Department of Insurance “rules” within the meaning of […]

Mr. Ronald W. Kilgore Wakulla County Property Appraiser Attorney General of Florida — Opinion October 27, 2004 RE: TAXATION — BOATS — HOMESTEAD EXEMPTION — whether boat may be considered permanent residence for purposes of homestead exemption from taxation. Art. VII, ss. 1(b) and 6, Fla. Const. Homestead exemption, boat as permanent residence Charlie Crist […]

Ernest Ellison Auditor General Tallahassee Attorney General of Florida — Opinion June 29, 1977 Bank trust receipts, county commission Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith Assistant Attorney General Frank A. Vickory Legal Research Assistant QUESTIONS: 1. What information is required to be set forth on bank trust receipts which are received […]

John R. Jones, Jr., Escambia County Tax Assessor, Pensacola Attorney General of Florida — Opinion October 30, 1974 RE: TAXATION HOMESTEAD EXEMPTION — SCHOOL DISTRICT LEVIES FOR BOND PAYMENT Homestead exemption and taxation Robert L. Shevin, Attorney General Prepared by: Winifred L. Wentworth, Assistant Attorney General, and Susan M. Potter, Legal Intern QUESTION: Does the […]

Ms. Leona B. Bechtelheimer Attorney General of Florida — Opinion October 2, 1984 Collection of occupational license tax Jim Smith Attorney General Ms. Leona B. Bechtelheimer Tax Collector Hernando County 20 N. Main Street, Room 214 Brooksville, Florida 33512 Dear Ms. Bechtelheimer: This is in response to your request for an opinion on substantially the […]

Roger Saberson, City Attorney, Delray Beach Attorney General of Florida — Opinion February 20, 1975 RE: SUNSHINE LAW APPLICABILITY TO CITY COUNCIL MEETING TO DISCUSS COLLECTIVE BARGAINING AND UNIONIZATION Sunshine law and discussing collective bargaining Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General QUESTIONS: 1. May a city council meet […]

Mr. Jeb T. Branham Attorney General of Florida — Opinion April 20, 2005 RE: MUNICIPALITIES — CIVIL PENALTIES — TRAFFIC CONTROL — FINES — LAW ENFORCEMENT — use of civil penalty for law enforcement automation. s. 318.21(10), Fla. Stat. Traffic Control, use of civil penalty Charlie Crist Attorney General Mr. Jeb T. Branham Baldwin Town […]

Mr. John F. Bennett Belle Isle City Attorney Attorney General of Florida — Opinion November 3, 2003 RE: MUNICIPALITIES — CHARTER AMENDMENTS — MAYOR — CITY MANAGER — REFERENDUM — authority of city to reallocate mayor’s duties prior to end of current term. s. 166.021, Fla. Stat. Charter amendment reallocating mayor’s duties Charlie Crist Attorney […]

Hal A. Airth. Attorney General of Florida — Opinion. March 8, 2006 RE: COUNTIES — FARMS — AGRICULTURE — FARMING — ZONING — NUISANCE — county regulation of farming operations. s. 823.14, Fla. Stat. County regulation of farming operations Mr. Hal A. Airth Post Office Box 448 Live Oak, Florida 32064 Charlie Crist, Attorney General […]

Chester Blakemore Attorney General of Florida — Opinion December 29, 1978 Exemption from driver’s license, military Robert L. Shevin, Attorney General Prepared by: Joseph W. Lawrence II, Assistant Attorney General Chester Blakemore Executive Director Department of Highway Safety and Motor Vehicles Tallahassee QUESTIONS: 1. Are a nonresident serviceman and his wife, children, and other members […]

The Honorable Randy Johnson Attorney General of Florida — Opinion March 31, 2005 RE: CONSTITUTION — AMENDMENTS — LEGISLATURE — constitutional amendment permitting slot machines at certain pari-mutuel facilities in Broward and Miami Dade Counties after approving referendum requires implementing legislation. Art. X, s. 23, Fla. Const. Slot machines constitutional amendment Charlie Crist Attorney General […]

Mr. James F. Heekin, Jr. Attorney General of Florida — Opinion April 12, 2005 RE: SOVEREIGN IMMUNITY — HOSPITAL DISTRICTS — applicability of sovereign immunity provisions to Bert Fish Medical Center, Inc., leasing Southeast Volusia Hospital District’s facilities. s. 768.28, Fla. Stat. Sovereign Immunity, Bert Fish Medical Center, Inc. Charlie Crist Attorney General Mr. James […]

Mr. John J. Copelan, Jr. Broward County Attorney Attorney General of Florida — Opinion December 18, 1991 Family day care homes; special fees Robert A. Butterworth Attorney General Mr. John J. Copelan, Jr. Broward County Attorney QUESTION: Does the limitation in s. 125.0109, F.S., on “special fees” that may be imposed on family day care […]

Mr. Allen J. Levin Attorney General of Florida — Opinion September 30, 1983 Authority to dissolve special district created by state Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. Allen J. Levin Legal Counsel Port Charlotte-Charlotte Harbor Fire Control District Suite A 209 Conway Boulevard, N.E. Port Charlotte, Florida 33952 Dear […]

Ms. Sharon V. Delegal Attorney General of Florida — Opinion August 17, 1990 RE: MUNICIPALITIES — LEGAL ADVERTISEMENTS — NOTICE — NOTICE BY PUBLICATION — publication of notice of proposed ordinances; publication of notice of public hearings; official designation of newspaper by city as official publication for legal notice. ss. 50.011 and 50.031, F.S. and […]

Mr. George W. Baldwin General Counsel Attorney General of Florida — Opinion January 27, 2005 RE: MUNICIPALITIES — ANNEXATION — ROADS — WATER BODIES — CONDOMINIUMS — inclusion of certain private property in calculation of ownership of land for municipal annexation. Annexation, calculation of ownership of land Charlie Crist Attorney General Mr. George W. Baldwin […]

Peter P. Baljet, Executive Director, Department of Pollution Control, Tallahassee Attorney General of Florida — Opinion August 30, 1974 RE: PUBLIC OFFICERS AND EMPLOYEES PER DIEM FOR NEW EMPLOYEES AND TRANSFEREES Relocation and per diem Robert L. Shevin, Attorney General Prepared by: David LaCroix, Assistant Attorney General QUESTION: May the Department of Pollution Control pay […]

Sam J. Colding Attorney General of Florida — Opinion July 6, 1978 Property appraisers, homestead renewal applications Robert L. Shevin, Attorney General Prepared by: William D. Townsend, Assistant Attorney General Sam J. Colding Collier County Property Appraiser Naples QUESTIONS: 1. Does a property appraiser have the authority to print the words `DO NOT FORWARD’ on […]

Don J. Caton, City Attorney, Pensacola Attorney General of Florida — Opinion February 12, 1975 RE: MUNICIPALITY CITY RESIDENCE AS REQUIREMENT FOR MEMBERSHIP ON MUNICIPAL BOARD Residency and municipal board Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: Is a member of the city planning board of the City […]

Chief Calvin Ross Miami Police Department Attorney General of Florida — Opinion January 4, 1993 RE: MOTOR VEHICLES — MUNICIPALITIES — TRANSPORTATION, DEPARTMENT OF — UNIFORM TRAFFIC CONTROL LAWS — private security firm providing security services for a public governmental entity may not display flashing amber lights on its patrolling vehicles, unless the vehicle has […]

Grace D. Walker Mayor Melbourne Village Attorney General of Florida — Opinion March 29, 1977 Police powers in two jurisdictions Robert L. Shevin, Attorney General Prepared by: Charles F. McClamma Assistant Attorney General QUESTION: Is it legal for police officers to exercise their police powers in two jurisdictions? SUMMARY: A police officer may exercise his […]

Bob Graham Attorney General of Florida — Opinion September 11, 1980 Waiving sovereign immunity; governor Jim Smith, Attorney General Prepared by: Craig B. Willis, Assistant Attorney General Bob Graham Governor Tallahassee QUESTION: May the Governor waive the sovereign immunity of the state by contract with the United States Government? SUMMARY: The Governor is not authorized […]

Mr. Russell J. Morrison and Mr. Alan Koslow Attorney General of Florida — Opinion September 21, 1990 RE: SPECIAL DISTRICTS — MUNICIPALITIES — PORT EVERGLADES AUTHORITY — LAW ENFORCEMENT — REFERENDA — referendum requirement for transfer of law enforcement powers of Port Everglades Authority to City of Hollywood. s, 4, Art. VIII, State Const.; Part […]

The Honorable Mike Fasano Attorney General of Florida — Opinion August 13, 1997 RE: GAMBLING — CHARITIES — NONPROFIT ORGANIZATIONS — DRAWINGS BY CHANCE — organizations authorized to conduct games of chance. s. 849.0935, Fla. Stat. (1996 Supp.), as amended by Ch. 97-108, Laws of Florida. Games of chance, authorized organizations Robert A. Butterworth Attorney […]

Mr. David B. Erwin Attorney General of Florida — Opinion January 17, 1997 RE: TELECOMMUNICATIONS — MUNICIPALITIES — PUBLIC RECORDS — applicability of confidentiality provisions for records of telecommunications company to municipality which provides telecommunications services. s. 119.07(3)(r) Fla. Stat. (1996 Supp.), and s. 364.24, Fla. Stat. (1995). Records of city providing telecommunication services Robert […]

Edward E. Hedstrom Attorney Attorney General of Florida — Opinion April 6, 1992 Residency of deputy clerk of court Robert A. Butterworth Attorney General Edward E. Hedstrom Attorney for Clerk of Circuit Court QUESTION: Must a deputy clerk of court be a resident of the county in which he or she serves? SUMMARY: If the […]

Ms. Eugenie G. Rehak General Counsel Attorney General of Florida — Opinion February 9, 1995 RE: HEALTH AND REHABILITATIVE SERVICES, DEPARTMENT OF — COUNTIES — CONTRACTS — state agency not authorized to enter into indemnification agreement with county absent legislative authorization. Art. X, s. 13, Fla. Const.; s. 768.28, Fla. Stat. (1994 Supp.). State/Indemnification agreement […]

Dan Gourley Attorney General of Florida — Opinion February 7, 1980 Prosecution of fire code violations Jim Smith, Attorney General Prepared by: Percy W. Mallison, Jr., Assistant Attorney General Dan Gourley Fire Chief Bonita Springs QUESTIONS: 1. May the Bonita Springs Fire Control and Rescue District require the state attorney to prosecute violations of the […]

Mr. Ronald W. Thomas Attorney General of Florida — Opinion April 8, 1987 Payment of 911 fee by state Robert A. Butterworth Attorney General Mr. Ronald W. Thomas Executive Director Department of General Services Larson Building, Room 133 200 E. Gaines Street Tallahassee, Florida 32301 Dear Mr. Thomas: You have requested an Attorney General’s Opinion […]

Stuart L. Simon Attorney General of Florida — Opinion April 13, 1978 Transportation for persons in wheelchairs or stretchers Robert L. Shevin, Attorney General Prepared by: David K. Miller, Assistant Attorney General Stuart L. Simon Dade County Attorney Miami QUESTION: Are transportation services within Dade County for passengers on stretchers or wheelchairs, who do not […]

Mr. Bryant Garrett Vice President Attorney General of Florida — Opinion February 12, 2003 RE: SPECIAL DISTRICTS_AIRPORTS_AIRPORT AUTHORITY_LAW ENFORCEMENT OFFICERS_power of airport authority to create law enforcement agency. Chapter 71-924, Laws of Florida; ss. 332.01–332.12, Florida Statutes. Airport authority, creation of law enforcement agency Charlie Crist Attorney General Mr. Bryant Garrett Vice President Orlando Sanford […]

Mr. L. Michael Milbrath County Attorney Attorney General of Florida — Opinion October 25, 1985 Surcharge on criminal traffic offenses Jim Smith Attorney General Mr. L. Michael Milbrath County Attorney Marion County 19 N.W. Pine Avenue Room 200 Ocala, Florida 32670 Dear Mr. Milbrath: This is in response to your request for an opinion on […]

Ernest Ellison, Auditor General, Tallahassee Attorney General of Florida — Opinion June 12, 1974 RE: SPECIAL DISTRICTS STATUS OF INDIAN ROCKS SPECIAL FIRE CONTROL DISTRICT Indian Rocks special fire control district Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTIONS: 1. Is the Indian Rocks Special Fire Control District indeed […]

Mr. Thomas A. Sheehan, III Attorney General of Florida — Opinion October 14, 1998 RE: SPECIAL DISTRICTS — NAVIGATION DISTRICTS — VACANCIES — RESIDENCE — TERM OF OFFICE — hold-over of office of navigation district commissioner after change of residence. Art. II, s. 5(b), Fla. Const.; Part II, Ch. 374, Fla. Stat. Vacancies, holding over […]

Charlie Hagerman, Sarasota County Tax Collector, Sarasota Attorney General of Florida — Opinion May 28, 1974 RE: TAXATION INTANGIBLE TAX — UNSATISFIED EXECUTIONS Intangible tax and unsatisfied executions Robert L. Shevin, Attorney General Prepared by: E. Wilson Crump II, Assistant Attorney General QUESTION: When may tax collectors clear their rolls of tax executions for intangible […]

Mr. C. B. Upton. Attorney General of Florida — Opinion September 2, 2010 RE: SOIL AND WATER CONSERVATION DISTRICTS — VACANCIES — ELECTIONS — term of office for vacancy to be filled at next regular election. s. 582.18, Fla. Stat. Mr. C. B. Upton Division of Elections General Counsel Florida Department of State 500 South […]

Richard I. Lott Escambia County Attorney Pensacola Attorney General of Florida — Opinion August 30, 1977 Counties, officers’ salaries, provisions Robert L. Shevin, Attorney General Prepared by: Joseph W. Lawrence, II Assistant Attorney General QUESTION: May s. 125.83(4), F. S., constitutionally require that a county charter provide that salaries of all county officers be provided […]

Mr. Paul R. Gougelman, III Attorney General of Florida — Opinion February 25, 1998 RE: GOVERNMENT IN THE SUNSHINE — PUBLIC MEETINGS — METROPOLITAN PLANNING ORGANIZATIONS — MUNICIPALITIES — notice of MPO meeting when city council members are ex officio MPO members and discussions are of matters foreseeably before the MPO. ss. 286.011 and 339.175(4), […]

Janet Reno Attorney General of Florida — Opinion January 31, 1978 Notification of child abuse report Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General Janet Reno State Attorney Miami QUESTION: Does s. 827.07(6), F. S., require the Department of Health and Rehabilitative Services to notify police agencies upon receipt of […]

Mr. Joel Koford City Manager City of Sebastian Attorney General of Florida — Opinion March 21, 1994 RE: MUNICIPALITIES — PUBLIC OFFICERS AND EMPLOYEES — SICK LEAVE — COMPENSATION — authority of municipality to advance sick leave prior to such leave being earned or accrued. Art. VII, s. 10, State Const. Advance sick leave to […]

The Honorable David R. Ellspermann Attorney General of Florida — Opinion September 20, 2000 RE: PUBLIC RECORDS — SEXUALLY TRANSMISSIBLE DISEASES — HUMAN IMMUNODEFICIENCY VIRUS — JUDICIAL RECORDS — CLERK OF COURT — confidential status of HIV test subject and results in court records. ss. 119.07, 381.004, 384.29, 796.08, Fla. Stat. HIV test results in […]

The Honorable Richard D. Gregorie Assistant United States Attorney Attorney General of Florida — Opinion October 23, 2002 RE: DUAL OFFICEHOLDING — ASSISTANT UNITED STATES ATTORNEYS — ATTORNEYS — MAYOR — whether assistant United States Attorney may serve simultaneously as mayor without violating dual officeholding prohibition. Art. II, s. 5(a), Fla. Const. Dual officeholding, assistant […]

Mr. Robert A. Butterworth. Attorney General of Florida — Opinion May 30, 2008 RE: BAKER ACT — PHYSICIAN ASSISTANTS — ability of physician assistant to refer patient for involuntary evaluation. s. 394.463, F.S. Mr. Robert A. Butterworth Secretary Department of Children and Families 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Bill McCollum, Attorney General Dear Secretary […]

Mr. Dominic Amadio Attorney General of Florida — Opinion February 23, 1982 Authority of special district to refund tax Jim Smith, Attorney General Prepared by: G.P. Waldbart, Assistant Attorney General Mr. Dominic Amadio Attorney for the Indian Rocks Special Fire Control District 3800 Central Avenue St. Petersburg, Florida 33711 Dear Mr. Amadio: This is in […]

William J. Page, Jr., Secretary, Department of Health and Rehabilitative Services, Tallahassee Attorney General of Florida — Opinion October 1, 1976 RE: RETARDED PERSONS RETARDED PERSONS’ TRUST FUNDS — INTEREST EARNED BELONGS TO SUCH RETARDED PERSONS Retarded persons’ trust funds Robert L. Shevin, Attorney General Prepared by: Barry Silber, Assistant Attorney General QUESTION: Is interest […]

The Honorable Jim Fuller. Attorney General of Florida — Opinion December 27, 2010 RE: COURT COSTS — CRIME STOPPERS — CLERK OF COURT — imposition and collection of court cost for Crime Stoppers. s. 938.06, Fla. Stat. The Honorable Jim Fuller Duval County Clerk of Courts 300 East Bay Street, Room 103 Jacksonville, Florida 32202 […]

Ms. Linda L. McKinley and Ms. Julia C. Mandell Attorney General of Florida — Opinion February 14, 2001 RE: AIRPORTS — ZONING REGULATIONS — territorial jurisdiction of a joint airport zoning board. ss. 333.01 and 333.03, Fla. Stat. Territorial jurisdiction of joint airport zoning board Robert A. Butterworth Attorney General Ms. Linda L. McKinley Assistant […]

Michael E. Zealy, Tamarac City Attorney, Fort Lauderdale Attorney General of Florida — Opinion July 29, 1975 RE: CITY OF TAMARAC STATUS OF MUNICIPAL CHARTER Status of municipal charter — Tamarac Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: What is the status of the Charter of the City […]

Mr. Samuel S. Goren. Attorney General of Florida — Opinion April 23, 2009 RE: MUNICIPALITIES-FIREWORKS-ORDINANCES-municipality prohibited from enacting ordinance directly prohibiting or interfering with the state safety standards or right to purchase, sell, use, or possess consumer fireworks. s. 10, Ch. 2007-67, Laws of Fla. Mr. Samuel S. Goren Coral Springs City Attorney 9551 West […]

Mr. David L. Adams Attorney General of Florida — Opinion May 26, 1993 RE: FIREFIGHTERS — DUAL OFFICE-HOLDING — MUNICIPALITIES: firefighters charged with general firefighting responsibilities are not officers for purposes of dual officeholding prohibition. s. 5(a), Art. II, State Const. Firefighters/dual officeholding Robert A. Butterworth Attorney General Mr. David L. Adams Fire Chief Orange […]

Mr. Marlin M. Feagle Columbia County Attorney Attorney General of Florida — Opinion February 12, 2003 RE: TAXATION_VALUE ADJUSTMENT BOARD_statutory deadlines for filing petition before board. s. 194.011(3)(d), Fla. Stat. Value Adjustment Board, petition filing deadlines Charlie Crist Attorney General Mr. Marlin M. Feagle Columbia County Attorney and Columbia County Adjustment Board Attorney 153 Northeast […]

Mr. Patrick G. Gilligan Attorney General of Florida — Opinion June 19, 2001 RE: MUNICIPALITIES — CHARTERS — HOME RULE — amendment of pre 1973 charter provision which was readopted in 1974, referendum requirement. ss. 166.021, 166.031, Fla. Stat. Municipal charter amendment, referendum Robert A. Butterworth Attorney General Mr. Patrick G. Gilligan Ocala City Attorney […]

Ralph D. Turlington, Commissioner of Education, Tallahassee Attorney General of Florida — Opinion April 14, 1975 RE: EDUCATION INDEPENDENT VOCATIONAL, TECHNICAL, TRADE, AND BUSINESS SCHOOLS — REGULATION — EXEMPTION Regulation of independent vocational schools Robert L. Shevin, Attorney General Prepared by: Donald D. Conn, Assistant Attorney General QUESTIONS: 1. Is s. 455.01, F.S., a reliable […]

Attorney General of Florida — Opinion July 25, 1974 RE: MUNICIPALITIES BOARD OF TRUSTEES OF CITY PENSION FUND FOR FIREMEN AND POLICEMEN CANNOT EMPLOY INDEPENDENT LEGAL COUNSEL Independent legal counsel and pension fund Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: May the Board of Trustees of the City […]

Robert A. Stahl, Chief of Police, North Miami Beach Attorney General of Florida — Opinion October 13, 1975 RE: MOTOR VEHICLES OPERATION OF MOTOR VEHICLES WITH MIRROR-TYPE WINDOWS UNLAWFUL Vehicles with mirrored windows Robert L. Shevin, Attorney General Prepared by: Donald D. Conn, Assistant Attorney General, and Barry Silber, Legal Assistant QUESTION: Is the operation […]

Mr. James V. Mathieu. Attorney General of Florida — Opinion. February 12, 2007 RE: MUNICIPALITIES — AD VALOREM TAXATION-REBATES-REAL PROPERTY — municipality not authorized to rebate ad valorem taxes to purchaser of new residential property. Art. VII, s. 3, Fla. Const.; s. 193.155, Fla. Stat. Mr. James V. Mathieu City of Port Richey Attorney 7710 […]

The Honorable Louie L. Wainwright Attorney General of Florida — Opinion October 1, 1982 Authority to collect supervision fees from parolees Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General The Honorable Louie L. Wainwright Secretary Department of Corrections 1311 Winewood Boulevared Tallahassee, Florida 32301 Dear Secretary Wainwright: This is in response […]

Edward M. Smith, Chief of Police, Dunedin Attorney General of Florida — Opinion April 16, 1975 RE: UNIFORM TRAFFIC CONTROL LAW ENFORCEMENT ON PRIVATE PROPERTY WHERE PUBLIC DOES NOT HAVE INVITATION TO TRAVEL Traffic enforcement on private property Robert L. Shevin, Attorney General Prepared by: Donald D. Conn, Assistant Attorney General QUESTIONS: 1. Do local […]

Ms. Christine Cardinale-Catuccy Attorney General of Florida — Opinion April 28, 2005 RE: PUBLIC RECORDS — MUNICIPALITIES — fees for copying of public records. Ch. 119, Fla. Stat. Public Records, fees for copying records Charlie Crist Attorney General Ms. Christine Cardinale-Catuccy City of Lake Worth 7 North Dixie Highway Lake Worth, Florida 33460-3787 Dear Ms. […]

The Honorable Kathy Dent Sarasota Attorney General of Florida — Opinion July 31, 2003 RE: RECORDS — SUPERVISOR OF ELECTIONS — ELECTIONS — BALLOTS — DOMESTIC VIOLENCE — VICTIMS — names and address of witnesses’ to voter’s signature on absentee ballot when voter participant in Address Confidentiality Program for Victims of Domestic Violence not exempt […]

Gretchen R.H. Vose Attorney Attorney General of Florida — Opinion February 20, 1992 Surplus ad valorem tax proceeds Robert A. Butterworth Attorney General Gretchen R.H. Vose Attorney for North Lake County, Hospital Board of Trustees QUESTION: Does the receipt of interest from the investment of surplus ad valorem tax proceeds constitute a source of income […]

The Honorable Larry Winkler Mayor of Dunnellon Attorney General of Florida — Opinion November 30, 1994 RE: MUNICIPALITIES — BINGO — GAMBLING — LOTTERIES — city may regulate number of days that bingo may be conduced on premises. s. 125.0104(4), Fla. Stat. (1993). Number of days bingo may be conducted on premises Robert A. Butterworth […]

Mr. Rolando J. Santiago. Attorney General of Florida — Opinion January 17, 2008 RE: COMMUNITY DEVELOPMENT DISTRICTS-SURPLUS FUNDS-INTEREST-authority of community development district to expend district funds for holiday social events. Ch. 190, Fla. Stat. Mr. Rolando J. Santiago RJS Law Group 240 Apollo Beach Boulevard Apollo Beach, Florida 33572 Bill McCollum Attorney General Dear Mr. […]

The Honorable Bruce T. Grady Attorney General of Florida — Opinion June 13, 1997 RE: MUNICIPALITIES — PUBLIC OFFICERS AND EMPLOYEES — HOUSING AUTHORITY — convicted felon who has not had his civil rights restored ineligible to serve on board of commissioners of housing authority. Art. VI, s. 4(a), Fla. Const.; s. 421.05, Fla. Stat. […]

Mr. Robert W. Federspiel Attorney General of Florida — Opinion March 14, 1997 RE: GOVERNMENT IN THE SUNSHINE LAW-COMMUNITY REDEVELOPMENT DISTRICT — nonprofit corporation sponsored by community redevelopment agency to assist it in carrying out its duties, subject to Sunshine Law. s. 286.011, Fla. Stat. Sunshine Law applies to publicly created corporation Robert A. Butterworth […]

Ms. Julie E. Douthit Attorney General of Florida — Opinion September 30, 1994 Workers’ Compensation Oversight Board Robert A. Butterworth Attorney General Ms. Julie E. Douthit Executive Director Workers’ Compensation Oversight Board Suite 100, Marathon Building 2574 Seagate Drive Tallahassee, Florida 32399-2152 Dear Ms. Douthit: You have asked for my opinion on substantially the following […]

Melvin G. Colman, Orange County Sheriff, Orlando Attorney General of Florida — Opinion February 17, 1975 RE: COUNTY PRISONERS RESPONSIBILITY FOR PROVIDING MEDICAL CARE Medical care for county prisoners Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant Attorney General QUESTIONS: 1. Is the county legally liable for payment of a bill covering […]

Edward C. Fogg III, Metro Dade County Mayor, Miami Attorney General of Florida — Opinion September 20, 1974 RE: DADE COUNTY COMMISSION VOTING OF MEMBERS; EFFECT OF ABSTENTION Commission voting and effect of abstention Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTIONS: 1. What vote is necessary for adoption […]

Ms. Katie Tucker Attorney General of Florida — Opinion July 26, 1988 Nonprofit corporation and documentary stamp tax Robert A. Butterworth Attorney General Ms. Katie Tucker Executive Director Department of Revenue Carlton Building Tallahassee, Florida 32399-0100 Dear Ms. Tucker: This is in response to a request from Mr. Sam Alexander, then Acting Executive Director, for […]

Ernest Ellison, Auditor General, Tallahassee Attorney General of Florida — Opinion August 10, 1976 RE: STATE UNIVERSITY SYSTEM HANDLING PROCEDURE FOR FEES RESULTING FROM PROFESSIONAL MEDICAL AND DENTAL PRACTICES; STATUS OF EMPLOYEES HANDLING SUCH FEES University system;Handling professional fees Robert L. Shevin, Attorney General Prepared by: Bruce M. Singer, Assistant Attorney General QUESTIONS: 1. Does […]