Category: Florida Attorney General Opinions

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 […]

Ms. Stacey Y. Adams. Attorney General of Florida — Opinion October 13, 2009 RE: DUAL OFFICE-HOLDING — MUNICIPALITIES — COUNTIES — DEPENDENT DISTRICTS — SPECIAL DISTRICTS — CODE ENFORCEMENT BOARDS — HOUSING FINANCE AUTHORITY BOARDS — DOWNTOWN DEVELOPMENT BOARDS — whether various county and municipal boards are offices for purposes of the constitutional dual office-holding […]

Mr. Steven A. Schultz Attorney Attorney General of Florida — Opinion July 9, 1993 RE: TAXATION — REAL PROPERTY ASSESSMENTS — PROPERTY APPRAISERS — IMPROVEMENTS: assessment of damaged property. s. 192.042, F.S. Assessment of damaged property Robert A. Butterworth Attorney General Mr. Steven A. Schultz Attorney for Dade County Value Adjustment Board Suite 3400, One […]

Mr. Herbert Elliott City Attorney Attorney General of Florida — Opinion November 4, 1993 RE: LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS — MUNICIPALITIES — LIS PENDENS — recording of notice of lis pendens bars foreclosure of code enforcement lien recorded after recording of notice of lis pendens. s. 48.23, F.S. Recording of notice of lis pendens […]

Records, proposed contract circulated to board members Attorney General of Florida — Opinion January 25, 1990 Records, proposed contract circulated to board members Robert A. Butterworth Attorney General Mr. George Barford Attorney for the Hillsborough Area Regional Transit Authority Post Office Box 3239 Tampa, Florida 33601 Dear Mr. Barford: You ask on behalf of the […]

Mr. William E. Sherman Attorney General of Florida — Opinion November 20, 1998 RE: HOSPITALS — SPECIAL DISTRICTS — sale or lease of hospital facilities. s. 155.40, Fla. Stat. Sale or Lease of Public Hospital Facilities Robert A. Butterworth Attorney General Mr. William E. Sherman Attorney, West Volusia Hospital Authority Post Office Box 48 DeLand, […]

Mr. James B. Loper Counsel for the Board of Trustees Attorney General of Florida — Opinion November 3, 2003 RE: FIREFIGHTERS’ PENSION FUND — PUBLIC RETIREMENT PLANS — MUNICIPALITIES — authority of municipality to amend pension fund created by special act. ss. 175.071, 175.351, 112.62, 112.661, 112.67, F.S. City pension fund, amendment of investment authority […]

Doyle Conner, Commissioner of Agriculture, Tallahassee Attorney General of Florida — Opinion August 19, 1976 RE: CRIMINAL LAW SALE OR TRANSPORT OF LAWFULLY OBTAINED NATIVE PLANTS BY OTHER THAN ORIGINAL COLLECTOR NOT UNLAWFUL Sale of native plants Robert L. Shevin, Attorney General Prepared by: Bruce M. Singer, Assistant Attorney General QUESTION: Is the sale or […]

Mr. Thomas A. Bustin City Attorney Attorney General of Florida — Opinion May 31, 1985 Definition of live-aboard vessels Jim Smith Attorney General Mr. Thomas A. Bustin City Attorney City of Clearwater Post Office Box 4748 Clearwater, Florida 33518-4748 Dear Mr. Bustin: This is in response to your request for my opinion on substantially the […]

The Honorable William J. “Jere” Tolton, Jr. Judge Attorney General of Florida — Opinion July 2, 2004 RE: COURTS — LAW LIBRARY — SPECIAL ACT — COUNTIES — PUBLIC FUNDS — abolition of one of the funding sources for law library by legislative implementation of Revision 7 to Art. V, Fla. Const., does not abolish […]

The Honorable John Keene Attorney General of Florida — Opinion May 19, 1994 RE: COUNTIES — LOCAL OPTION INFRASTRUCTURE SALES SURTAX — Taxation — Motor Vehicles — discretionary local option infrastructure sales surtax may be used for purchase of vehicles. s. 212.055(2)(d), Fla. Stat. (1993). Vehicles purchased w/ proceeds of sales surtax Robert A. Butterworth […]

Mr. J. Michael Swaine Attorney Attorney General of Florida — Opinion September 11, 1996 RE: SOVEREIGN IMMUNITY — AIRPORT AUTHORITIES — ADMINISTRATIVE AGENCIES — applicability of s. 768.28, Fla. Stat., to airport authority. Sovereign immunity, applicability to airport authority Robert A. Butterworth Attorney General Mr. J. Michael Swaine Attorney for the Sebring Airport Authority 425 […]

Harold M. Wayne, St. Johns County Property Appraiser, St. Augustine Attorney General of Florida — Opinion April 16, 1975 RE: TAXATION PROPERTY APPRAISER’S DUTY TO MAKE CUTOUTS OR SPLITS Property appraiser’s duty to make cutouts or splits Robert L. Shevin, Attorney General Prepared by: David M. Hudson, Assistant Attorney General QUESTIONS: 1. May a property […]

Mr. James V. Crosby Secretary Attorney General of Florida — Opinion September 14, 2004 RE: GOVERNMENT IN THE SUNSHINE LAW — PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES — CORRECTIONS, DEPARTMENT OF — RECORDS — applicability of Sunshine Law to PRIDE; proprietary confidential business information sent to secretary as member of PRIDE at department address, confidentiality […]

John W. Seay, Flagler County Property Appraiser, Bunnell Attorney General of Florida — Opinion June 17, 1975 RE: TAXATION UNRECORDED PURCHASE AGREEMENTS MAY BE CONSIDERED IN APPRAISING PROPERTY Property appraisal and unrecorded agreements Robert L. Shevin, Attorney General Prepared by: J. Kendrick Tucker, Assistant Attorney General QUESTION: Is it lawful for a county property appraiser, […]

The Honorable Bob Bullard Attorney General of Florida — Opinion April 19, 2002 RE: SPECIAL DISTRICTS — IMPROVEMENT DISTRICT — improvement district is special district for purposes of Uniform Special District Accountability Act. S. 189.403, Fla. Stat. Uniform Special District Accountatabilty Act, Robert A. Butterworth Attorney General The Honorable Bob Bullard Chairman, Highlands County Board […]

Mr. William J. Nielander. Attorney General of Florida — Opinion. October 17, 2006 RE: SPECIAL DISTRICTS — SURPLUS REAL PROPERTY — WATER CONTROL DISTRICTS — authority of water control district to sell or convey real property. s. 298.22, Fla. Stat. Water Control District, sale of real property Mr. William J. Nielander Attorney for the Spring […]

Ms. Karla A. Stetter Attorney General of Florida — Opinion November 26, 1997 RE: COUNTIES — ROADS — SPECIAL ASSESSMENTS — county may not impose special assessment to repair roads outside county on property located outside county. s. 125.01, Fla. Stat. Special assessments for road repair outside county Robert A. Butterworth Attorney General Ms. Karla […]

Mr. Harry A. Jones Attorney General of Florida — Opinion August 5, 1999 RE: SPECIAL DISTRICTS — HOSPITALS — NOT-FOR-PROFIT CORPORATIONS — appointment of former chief executive officer of hospital district to executive director of district’s support corporation. Executive director, hospital direct support organization Robert A. Butterworth Attorney General Mr. Harry A. Jones Legal Counsel, […]

Mr. Michael S. Mullin Nassau County Attorney Attorney General of Florida — Opinion June 25, 1996 RE: CLERKS OF COURT — MINORS — DISSOLUTION OF MARRIAGE — RECORDS — final judgments of unpaid support payments to be recorded. s. 61.14, Fla. Stat. (1995). Court clerk, recording final judgment re unpaid support Robert A. Butterworth Attorney […]

Fred F. Womble, Leon County Tax Collector, Tallahassee Attorney General of Florida — Opinion October 14, 1975 RE: TAXATION PERSONAL PROPERTY OF MOTOR CARRIERS AND MOVING AND STORAGE COMPANIES, EXCEPT FOR MOTOR VEHICLES, SUBJECT TO AD VALOREM TAXATION Personal property of motor carriers and taxation Robert L. Shevin, Attorney General Prepared by: Stephen E. Mitchell, […]

Ralph W. White, Clerk, Monroe County Commission, Key West Attorney General of Florida — Opinion April 5, 1976 RE: COUNTIES SERVICES WHICH MUST BE PROVIDED TO STATE ATTORNEYS’ AND PUBLIC DEFENDERS’ OFFICES Services provided to state attorneys’ Robert L. Shevin, Attorney General Prepared by: Staff QUESTIONS: 1. Is AGO 073-329, which ruled that a county […]

J. Ed Straughn, Executive Director, Department of Revenue, Tallahassee Attorney General of Florida — Opinion November 13, 1974 RE: TAXATION DOCUMENTARY STAMP AND INTANGIBLE TAXATION — LEASEHOLD INTERESTS — HOMESTEAD EXEMPTION Documentary stamp and intangible taxation Robert L. Shevin, Attorney General Prepared by: Harold F. X. Purnell, Assistant Attorney General QUESTIONS: 1. Are documentary stamp […]

Harry L. Coe, Jr. Executive Director Department of Revenue Tallahassee Attorney General of Florida — Opinion December 8, 1977 Taxation, ad valorem, nonresidents Robert L. Shevin, Attorney General Prepared by: Harold F. X. Purnell Assistant Attorney General Maxie Broome, Jr. Legal Intern QUESTION: Are the household goods and personal effects of a nonresident of Florida […]

George S. Palmer, M.D. Attorney General of Florida — Opinion May 18, 1978 Board of medical examiners, compensation Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith, Assistant Attorney General George S. Palmer, M.D. Executive Director Board of Medical Examiners Tallahassee QUESTION: Is the State Board of Medical Examiners authorized by law to provide […]

Mr. Neal J. Dunn Attorney General of Florida — Opinion December 29, 1981 Trading confiscated material Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Mr. Neal J. Dunn County Attorney Hendry County QUESTIONS: 1. Does the sheriff have the authority to transfer or trade any confiscated material to obtain other necessary equipment […]

Ms. Renie Davis Attorney General of Florida — Opinion February 10, 1998 RE: HUMAN RIGHTS ADVOCACY COMMITTEE — CHILDREN AND FAMILY SERVICES, DEPARTMENT OF — DOMESTIC VIOLENCE CENTERS — committee’s access to domestic violence centers. ss. 402.165, 402.166, 415.608, and Part VI, Ch 415, Fla. Stat. Human rights advocacy committees, domestic violence Robert A. Butterworth […]

Mr. Terry E. Lewis Attorney General of Florida — Opinion February 9, 2000 RE: SPECIAL DISTRICTS — FIRE CONTROL AND RESCUE DISTRICTS — PUBLIC MEETINGS — meetings of forum created by fire control districts subject to Sunshine Law under specified conditions. ss. 189.417, 286.011, Fla. Stat. Sunshine Law, fire commissioners’ forum Robert A. Butterworth Attorney […]

Ms. Amy M. Jones and Mr. David G. Tucker Attorney General of Florida — Opinion March 20, 2000 RE: COUNTIES — HEALTH — HEALTH, DEPARTMENT OF — COMMUNITY AFFAIRS, DEPARTMENT OF — SPECIAL DISTRICTS — TAXATION — MILLAGE — inclusion of county tax for county health department within county’s 10 mills cap. County health department, […]

Mr. C. Wayne Freeberg Attorney General of Florida — Opinion March 11, 1981 State Board of independent colleges and universities Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General Mr. C. Wayne Freeberg Executive Director, State Board of Independent Colleges and Universities QUESTION: May the State Board of Independent Colleges and Universities require […]

The Honorable Robert F. Milligan Attorney General of Florida — Opinion August 28, 1998 RE: RECORDS — BANKING AND FINANCE, DEPARTMENT OF — SECURITIES — records obtained from securities dealers association’s central depository regarding securities dealers by department; access to. Ch. 119, Fla. Stat. Records obtained from security dealers’ association Robert A. Butterworth Attorney General […]

Randy Miller Attorney General of Florida — Opinion October 6, 1986 Retirement system, payment of interest Jim Smith Attorney General To: Randy Miller Executive Director Department of Revenue QUESTION: Pursuant to s. 121.052, F.S., as amended by s. 7, ch. 86-180, Laws of Florida, are the contributions and interest to be paid to the Florida […]

Honorable Lori Parrish Attorney General of Florida — Opinion September 29, 2009 RE: COUNTIES — TAXATION — AD VALOREM TAXATION — effect of transfer of property from one county to another on assessment, levy, and collection of taxes. Ch. 2007-222, Laws of Fla. The Honorable Lori Parrish Broward County Property Appraiser 115 South Andrews Avenue, […]

The Honorable V. Frank Desguin Attorney General of Florida — Opinion April 16, 2002 RE: TAXATION — HOMESTEAD EXEMPTION — PROPERTY APPRAISER — change in ownership requires assessment of property at just value in January of year following change. Art. VII, s. 4(c), Fla. Const.; s. 193.155, Fla. Stat. Homestead, change in ownership Robert A. […]

Guy C. Bliss, Lake County Sheriff, Tavares Attorney General of Florida — Opinion September 6, 1974 RE: LAW ENFORCEMENT OFFICERS INVESTIGATION OF SHERIFF’S DEPARTMENT BY MUNICIPAL POLICE OFFICERS Investigation of sheriff’s department by police Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: Does the police department of a municipality have the legal authority to […]

William G. Zinkil, Sr. Senator 32nd District Hollywood Attorney General of Florida — Opinion February 8, 1977 Foreclosure on condominium project Robert L. Shevin, Attorney General Prepared by: Staff QUESTION: Does a lending institution which has foreclosed a mortgage on a condominium project have to comply with s. 711.802, F. S. 1975? SUMMARY: When a […]

Dorothy W. Glisson, Secretary, Department of Professional and Occupational Regulation, Tallahassee Attorney General of Florida — Opinion October 8, 1976 RE: REGULATION OF PROFESSIONS WATCHMAKING MAY NOT BE SUBDIVIDED INTO “WATCHMAKING” AND “CLOCKMAKING” FOR SEPARATE LICENSURE Regulation of watchmaking and clockmaking Robert L. Shevin, Attorney General Prepared by: Bruce M. Singer, Assistant Attorney General QUESTIONS: […]

Mr. Samuel Goren Attorney General of Florida — Opinion January 24, 1984 Expressway authority as state agency Jim Smith Attorney General Prepared by: Craig Willis Assistant Attorney General Mr. Samuel Goren General Counsel Broward County Expressway Authority 3040 East Commercial Boulevard Fort Lauderdale, Florida 33308 Dear Mr. Goren: This is in response to your request […]

The Honorable Mark A. Ober State Attorney Attorney General of Florida — Opinion December 10, 2004 RE: GAMBLING — NONPROFIT ORGANIZATIONS — CHAMBERS OF COMMERCE — STATE ATTORNEY — authority of chamber of commerce to conduct drawing by chance. s. 849.0935, Fla. Stat. Chamber of Commerce conducting raffles Charlie Crist Attorney General The Honorable Mark […]

Paul J. McDonough, City Attorney, Coral Springs Attorney General of Florida — Opinion March 23, 1976 RE: MUNICIPALITIES ALLOWABLE FEE FOR COLLECTION OF DISHONORED CHECK Fee for dishonored check Robert L. Shevin, Attorney General Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: What service charge may the governing body of a municipality impose for […]

Philip F. Ashler, State Insurance Commissioner, Tallahassee Attorney General of Florida — Opinion February 18, 1976 RE: TAXATION INSURANCE PREMIUM TAX NOT APPLICABLE TO POLICIES ISSUED BY MEDICAL MALPRACTICE JOINT UNDERWRITING ASSOCIATION Taxation and malpractice insurance Robert L. Shevin, Attorney General Prepared by: Larry Levy, Assistant Attorney General, and David B. Slaughter, Legal Intern QUESTION: […]

Tom Ingles, Mexico Beach Town Attorney, Panama City Attorney General of Florida — Opinion November 15, 1976 RE: MUNICIPALITIES BOUNDARIES MAY NOT BE CONTRACTED IF TERRITORY SOUGHT TO BE EXCLUDED MEETS CRITERIA USED FOR ANNEXATION; PROCEDURE TO BE FOLLOWED ON CONTRACTION Municipalities and annexation Robert L. Shevin, Attorney General Prepared by: Jerald S. Price, Assistant […]

Ms. Harriet M. Wilson Attorney General of Florida — Opinion February 17, 1983 Use of vehicle for college employee Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General Ms. Harriet M. Wilson Chairman District Board of Trustees Tallahassee Community College 444 Appleyard Drive Tallahassee, Florida 32301-8170 Dear Ms. Wilson: This is in response […]

Mr. William H. Long Attorney General of Florida — Opinion January 17, 2002 RE: SPECIAL DISTRICTS-HOSPITAL DISTRICTS-STATE AGENCIES-INSURANCE-independent special district not state agency for purposes of participating in state group insurance plans. s. 110.123, Fla. Stat.; Ch. 61-2290, Laws of Florida. State group insurance plans, special district Robert A. Butterworth Attorney General Mr. William H. […]

Doyle Conner, Commissioner of Agriculture, Tallahassee Attorney General of Florida — Opinion January 28, 1976 RE: FIRE PREVENTION COUNTY HAS NO AUTHORITY TO REQUIRE CONTROL BURNING Authority to require control burning Robert L. Shevin, Attorney General Prepared by: Michael Davidson, Assistant Attorney General QUESTIONS: 1. Can a county, by local ordinance, require a private owner […]

Reese Marshall Attorney General of Florida — Opinion April 23, 1980 Commission on human relations; information Jim Smith, Attorney General Prepared by: Craig B. Willis, Assistant Attorney General Reese Marshall Chairman, Florida Commission on Human Relations Tallahassee QUESTIONS: 1. In view of s. 23.167(14), F. S., may a former attorney for the Florida Commission on […]

Mr. James W. Moody, Jr. Attorney General of Florida — Opinion January 20, 1986 Authority of preservation board to enter into lease Jim Smith Attorney General Mr. James W. Moody, Jr. Director Historic Pensacola Preservation Board 205 E. Zaragoza Street Pensacola, Florida 32501 Dear Mr. Moody: This is in response to your request for an […]

Mr. Daniel S. McIntyre. Attorney General of Florida — Opinion April 20, 2011 RE: TAX DEEDS — TAX CERTIFICATES — TAXATION — redemption of tax certificates issued after application for tax deed, but prior to tax deed sale. ss. 197.432, 197.502, and 197.582, Fla. Stat. Mr. Daniel S. McIntyre St. Lucie County Attorney 2300 Virginia […]

Mr. Tom Koch. Attorney General of Florida — Opinion. June 26, 2007 RE: GOVERNMENT IN THE SUNSHINE LAW-LOCAL HEALTH COUNCILS-DEPARTMENT OF HEALTH-applicability of Government in the Sunshine Law to local health councils. ss. 286.011 and 408.033, Fla. Stat. Mr. Tom Koch Deputy General Counsel Florida Department of Health 4052 Bald Cypress Way, Bin # A02 […]

Mr. Victor Igwe. Attorney General of Florida — Opinion July 13, 2010 RE: LOCAL OPTION FUEL TAX — COUNTIES — MUNICIPALITIES — TRAFFIC EXPENDITURES — use of local option fuel tax to pay for electricity and water to operate street lighting, traffic signals, and water pumps for drainage. s. 336.025, Fla. Stat. Mr. Victor Igwe […]

Mr. Richard G. Groff Attorney General of Florida — Opinion September 25, 1997 RE: PUBLIC OFFICERS — ELECTIONS — MUNICIPALITIES — eligibility of removed officer to serve remainder of term. s. 112.51, Fla. Stat. Public officer ineligible to serve term remainder Robert A. Butterworth Attorney General Mr. Richard G. Groff Attorney for the City of […]

Ronald R. Richmond Attorney General of Florida — Opinion April 5, 1979 Municipal taxation, alcoholic beverage distribution Staff Ronald R. Richmond Chairman House Subcommittee on Alcoholic Beverages and Tobacco Tallahassee QUESTION: Does s. 561.342(3), F. S., prohibit a municipality from imposing a license tax on the business of warehousing and storing alcoholic beverages? SUMMARY: Although […]

Ernest Ellison Auditor General Tallahassee Attorney General of Florida — Opinion June 29, 1977 Deposit of securities Robert L. Shevin, Attorney General Prepared by: Sharyn L. Smith Assistant Attorney General Frank A. Vickory Legal Research Assistant QUESTIONS: 1. When the State Board of Administration deposits securities with a bank or a trust company for `safekeeping,’ […]

David Bludworth Attorney General of Florida — Opinion March 9, 1978 Use of funds to support bond issue Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason, Assistant Attorney General David Bludworth State Attorney West Palm Beach QUESTIONS: 1. May a municipal governing body expend municipal funds to support a bond issue for acquisition […]

Mr. Patrick G. Gilligan Attorney Attorney General of Florida — Opinion September 24, 2004 RE: PUBLIC RECORDS — CRIMINAL INVESTIGATIONS — LAW ENFORCEMENT — EVIDENCE — STATE, DEPARTMENT OF — documentary evidence obtained by police department is public record subject to retention schedule approved by Department of State. ss. 119.01, 119.041, 119.07, Fla. Stat. Records, […]

Mr. Kenneth W. Simmons Attorney General of Florida — Opinion February 13, 1985 Parole and consecutive sentences Jim Smith Attorney General Mr. Kenneth W. Simmons Chairman Florida Parole and Probation Commission 1309 Winewood Boulevard Building 6, Third Floor Tallahassee, Florida 32301 Dear Mr. Simmons: This is in response to your request for an opinion on […]

William R. Heidtman, Palm Beach County Sheriff, West Palm Beach Attorney General of Florida — Opinion August 27, 1975 RE: CRIMINAL LAW UNDER WHAT LAW PERSON AIDING ESCAPEE MAY BE CHARGED Person aiding escapee Robert L. Shevin, Attorney General Prepared by: Richard W. Prospect, Assistant Attorney General QUESTION: May a mother who aids her son […]

Oliver Lawton, Clerk, Circuit Court, St. Augustine Attorney General of Florida — Opinion December 3, 1974 RE: COURTS RESPONSIBILITY FOR AND CUSTODIANSHIP OF BAIL BONDS Responsibility for bail bonds Robert L. Shevin, Attorney General Prepared by: A. S. Johnston, Assistant Attorney General QUESTION: Is the clerk of the county court or is the sheriff responsible […]

The Honorable Bob Martinez Attorney General of Florida — Opinion September 28, 1987 Legislative action to balance the budget Robert A. Butterworth Attorney General The Honorable Bob Martinez Governor State of Florida The Capitol Tallahassee, Florida 32399-0001 Dear Governor Martinez: I am honored to respond to your request for my opinion on the following questions: […]

Mr. John W. McWhirter, Jr. Attorney Attorney General of Florida — Opinion November 15, 1984 Payment of penalty for overweight vehicles Jim Smith Attorney General Mr. John W. McWhirter, Jr. Attorney Clerk of the Circuit Court Hillsborough County 201 E. Kennedy Boulevard Post Office Box 3350 Tampa, Florida 33601 Dear Mr. McWhirter: This is in […]

The Honorable Fred Roche Attorney General of Florida — Opinion August 8, 1983 Real estate broker; special promotions Jim Smith, Attorney General Prepared by: Randy Schwartz, Assistant Attorney General The Honorable Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 The Honorable Brian J. Ladell Chairman Florida Real Estate Commission […]

Charles A. Hall, City Attorney, New Smyrna Beach Attorney General of Florida — Opinion July 24, 1975 RE: PUBLIC FUNDS MUNICIPALITY ALLOWING CHAMBER OF COMMERCE TO USE MUNICIPAL BUILDING OR DONATION OF PUBLIC MONEYS TO CHAMBER IMPROPER Chamber of commerce and public funds Robert L. Shevin, Attorney General Prepared by: Stephen E. Mitchell, Assistant Attorney […]

Mr. Daniel S. McIntyre County Attorney Attorney General of Florida — Opinion January 31, 1992 Local government infrastructure surtax proceeds Robert A. Butterworth Attorney General Mr. Daniel S. McIntyre County Attorney St. Lucie County QUESTION: May a county use local government infrastructure surtax proceeds to service bonds which are refunding notes issued prior to approval […]

Mr. John R. Kancilia City Attorney Attorney General of Florida — Opinion January 4, 1993 RE: LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS — MUNICIPALITIES — scope of jurisdiction of code enforcement board. ss. 162.02 and 162.03, F.S. Scope of jurisdiction of code enforcement board Robert A. Butterworth Attorney General Mr. John R. Kancilia City Attorney City […]

Mr. Jim York Attorney General of Florida — Opinion November 18, 1983 Complaints against law enforcement; public records Jim Smith, Attorney General Prepared by: Jason Vail, Assistant Attorney General Mr. Jim York Director, Legal Services Florida Sheriffs Association Post Office Box 1487 Tallahassee, Florida 32302 Dear Mr. York: This is in response to your request […]

James T. Humphrey Lee County Attorney Fort Myers Attorney General of Florida — Opinion September 2, 1977 County housing authorities, county commission Robert L. Shevin, Attorney General Prepared by: Patricia R. Gleason Assistant Attorney General QUESTIONS: 1. Is the Lee County Housing Authority a valid public corporation even though it has been inactive for a […]

Lawrence R. Kirkwood Representative 38th District Tallahassee Attorney General of Florida — Opinion May 17, 1977 Dividing lands in drainage district Robert L. Shevin, Attorney General Prepared by: Jerald S. Price Assistant Attorney General QUESTION: May the Legislature, by special act, divide the lands within the Ranger Drainage District (organized under the general drainage district […]

David Seth Walker, Judge, Circuit Court, Clearwater Attorney General of Florida — Opinion September 6, 1974 RE: FLORIDA MENTAL HEALTH ACT INVOLUNTARY HOSPITALIZATION IN PRIVATE PSYCHIATRIC FACILITY Involuntary hospitalization in psychiatric facilty Robert L. Shevin, Attorney General Prepared by: Robert Woolfork, Assistant Attorney General QUESTION: May a circuit court judge hospitalize a patient involuntarily in […]

J. Ed Straughn, Executive Director, Department of Revenue, Tallahassee Attorney General of Florida — Opinion March 20, 1974 RE: TAXATION — TAX ASSESSOR’S COMMISSIONS — LIABILITY THEREFOR OF SPECIAL TAXING DISTRICTS FOR SPECIAL ASSESSMENTS Special taxing districts and liability Robert L. Shevin, Attorney General Prepared by: Sydney H. McKenzie III, Assistant Attorney General QUESTION: 1. […]

The Honorable Doyle Conner Attorney General of Florida — Opinion June 19, 1986 Permit fees from fair association Jim Smith 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 opinion on substantially the following question: IS A FAIR […]

The Honorable Bill Gunter Attorney General of Florida — Opinion June 24, 1986 Eligibility as bail bondsman, commissioner Jim Smith Attorney General The Honorable Bill Gunter State Treasurer and Insurance Commissioner The Capitol Tallahassee, Florida 32301 Dear Commissioner Gunter: This is in response to your request for an opinion on substantially the following question: IS […]

Mr. Richard R. Ellington Attorney General of Florida — Opinion March 4, 1981 Counties Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General Mr. Richard R. Ellington County Attorney, Palm Beach County QUESTIONS: 1. Does the Board of County Commissioners of Palm Beach County have the authority to post `enforceable’ traffic control […]

Lori Wilson, Senator, 16th District, Merritt Island Attorney General of Florida — Opinion November 19, 1974 RE: TAXATION COMBINED HOMESTEAD EXEMPTIONS MAY NOT EXCEED TEN THOUSAND DOLLARS Combined homestead exemption Robert L. Shevin, Attorney General Prepared by: William R. Cave, Assistant Attorney General, and Daniel C. Brown, Legal Intern QUESTIONS: 1. May a person who […]

J. Ed Straughn, Executive Director, Department of Revenue, Tallahassee Attorney General of Florida — Opinion January 27, 1976 RE: PUBLIC FUNDS PURCHASE OF EXTORTION INSURANCE BY COUNTY TAX COLLECTOR Purchase of extortion insurance Robert L. Shevin, Attorney General Prepared by: Martin S. Friedman, Assistant Attorney General QUESTION: Is the purchase of extortion insurance a proper […]

The Honorable V. Frank Desguin Charlotte County Property Appraiser Attorney General of Florida — Opinion March 26, 2003 RE: TAXATION — HOMESTEAD EXEMPTION — PROPERTY APPRAISER — limitation on assessment applies to one-half interest of property for which homestead exemption was received and not to other half interest for which no homestead was granted. s. […]

Larry Fuchs Executive Director Department of Revenue Attorney General of Florida — Opinion December 3, 1992 Distributions of trust funds Robert A. Butterworth Attorney General Larry Fuchs Executive Director Department of Revenue QUESTION 1. Must the Department of Revenue adjust distributions of trust funds pursuant to Ch. 218, F.S., and s. 200.132, F.S., in the […]

Mr. Alan E. Greenfield. Attorney General of Florida — Opinion December 11, 2009 RE: RETIREMENT — ADMINISTRATIVE AGENCIES — GOVERNMENT IN THE SUNSHINE LAW — MEETINGS — QUORUM — authority of administrative agency to adopt rule allowing participation by electronic means to constitute quorum. s. 286.011, Fla. Stat. Mr. Alan E. Greenfield Alan E. Greenfield, […]

J. Bart Budetti, City Attorney, Hollywood Attorney General of Florida — Opinion May 13, 1974 RE: MUNICIPALITIES ORDINANCE REGULATING MAINTENANCE OR DEMOLITION OF UNSAFE BUILDINGS PERMISSIBLE Ordinance for the demolition of unsafe buildings Robert L. Shevin, Attorney General Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General, and Gerald L. Knight, Legal Research Assistant QUESTION: May […]

Mr. Joe Teague Caruso Attorney General of Florida — Opinion September 24, 1999 RE: TAXATION — PROPERTY APPRAISER — SOCIAL SECURITY NUMBER-HOMESTEAD EXEMPTION — REVENUE, DEPARTMENT OF — requirement that property appraiser have social security numbers of property owners granted homestead exemption for 2000 tax year and thereafter. s. 196.011(11), Fla. Stat. Homestead exemption, social […]

The Honorable Charlie Johnson Attorney General of Florida — Opinion June 13, 1990 RE: SHERIFFS — DEPUTY SHERIFFS — RESIDENCE — CITIZENSHIP — residence and citizenship requirements for deputy sheriffs. ss. 30.11, 112.021, and 943.13, F.S. Residence/citizenship requirements for deputy sheriffs Robert A. Butterworth Attorney General The Honorable Charlie Johnson Sheriff, Escambia County Post Office […]

The Honorable Oliver Lowe Charlotte County Property Appraiser Attorney General of Florida — Opinion January 27, 1995 RE: TAX COLLECTORS — TAXATION — PUBLIC RECORDS — application and return for property tax exemption treated as a return by the Department of Revenue is confidential pursuant to section 193.074, Florida Statutes. Application/return for property tax exemption […]

Ernest Ellison Auditor General Tallahassee Attorney General of Florida — Opinion April 24, 1979 County transportation trust funds, auditing Jerald S. Price Assistant Attorney General Ernest Ellison Auditor General Tallahassee QUESTION: What funds are included under the term `Transportation Funds’ for the purpose of s. 339.083(2), F. S., which directs the Auditor General to immediately […]

Mr. G. Russell Petersen Attorney General of Florida — Opinion June 8, 1999 RE: SCHOOLS — SCHOOL BOARDS — VACANCY — PUBLIC OFFICERS AND EMPLOYEES — effect on incumbent school board members when residence area lines redrawn. s. 230.061(2), Fla. Stat. School board member, redrawing of residence areas Robert A. Butterworth Attorney General Mr. G. […]

K. C. Bullard, Hillsborough County Tax Collector, Tampa Attorney General of Florida — Opinion February 20, 1975 RE: TAXATION WHEN TAX COLLECTOR MAY IMPOSE FEES ON DELINQUENT TAXPAYERS Imposition of fees for taxpayers Robert L. Shevin, Attorney General Prepared by: William R. Cave, Assistant Attorney General, and Daniel C. Brown, Legal Intern QUESTION: When is […]

Mr. Robert A. Butterworth. Attorney General of Florida — Opinion. May 2, 2007 RE: CHILDREN AND FAMILIES, DEPARTMENT OF-LAW ENFORCEMENT, DEPARTMENT OF-CORRECTIONAL OFFICERS-MENTAL HEALTH-authority of Department of Children and Families to employ certified correctional officers as institutional security personnel. ss. 916.105, 916.106, 916.1091, and 943.10(2) and (4), Fla. Stat. Mr. Robert A. Butterworth Secretary Department […]

Donald C. Evans Attorney General of Florida — Opinion September 30, 1980 Comprehensive planning act Jim Smith, Attorney General Prepared by: Percy W. Mallison, Jr., Assistant Attorney General Donald C. Evans Attorney for Hillsborough County City/County Planning Commission Tampa QUESTION: Do the provisions of the Local Government Comprehensive Planning Act of 1975 (ss. 163.3161–163.3211, F. […]

Eugene M. Steinfeld City Attorney Attorney General of Florida — Opinion July 6, 1979 Civil service commission, sunshine law Craig B. Willis Assistant Attorney General Eugene M. Steinfeld City Attorney Margate QUESTION: Does the Sunshine Law require the Civil Service Commission of the City of Margate to conduct its civil service examinations open to the […]

Norman D. Warford, Attorney for Board of Supervisors of Englewood Water District, Englewood Attorney General of Florida — Opinion August 8, 1974 RE: PUBLIC OFFICERS VACANCY CREATED BY LOSS OF FREEHOLDER STATUS IN SPECIAL DISTRICT Vacancy created by freeholder status Robert L. Shevin, Attorney General Prepared by: Michael M. Parrish, Assistant Attorney General QUESTION: Is […]

James A. Neal, Jr. Attorney Attorney General of Florida — Opinion May 6, 1991 Clerk of Court Disbursement of Excess Proceeds Robert A. Butterworth Attorney General James A. Neal, Jr. Attorney for Citrus County Clerk of Courts QUESTION: 1. How should the clerk of circuit court disburse overbid proceeds when multiple interested parties have applied […]

Edwin Green Chairman Construction Industry Licensing Board Attorney General of Florida — Opinion October 9, 1991 Construction Industry Licensing Board Robert A. Butterworth Attorney General Edwin Green Chairman Construction Industry Licensing Board LQUESTION: May the Construction Industry Licensing Board designate new specialties in the construction industry for mandatory licensing? SUMMARY: The Construction Industry Licensing Board […]

Jack D. Kane, Executive Director, Department of General Services, Tallahassee Attorney General of Florida — Opinion June 17, 1976 RE: STATE PURCHASING APPLICABILITY OF REQUIREMENTS MET IN ACQUISITION OF COMMODITIES TO FIXED CAPITAL OUTLAY EXPENDITURES Fixed capital outlay expenditures/state purchasing Robert L. Shevin, Attorney General Prepared by: Larry Levy and David K. Miller, Assistant Attorneys […]