QUESTION: May a sheriff appoint a special deputy for limited purposes and also grant to that special deputy only limited arrest powers under the provisions of s. 30.09 (4), F.S., pertaining to special deputies SUMMARY: Under s. 39.09(4), F.S., a special deputy sheriff may be properly appointed for a limited purpose and with limited power of arrest. As a specific example, you asked whether a special deputy could be appointed with limited powers of arrest and his duties limited to the immediate...
QUESTIONS: 1. May a career service employee of the Florida Parole and Probation Commission hold, or be a candidate for, public office while he is on leave of absence from his state employment, without resigning from such employment 2. May a full-time employee of the Florida Parole and Probation Commission engage in the solicitation of votes in behalf of a candidate for public office 3. Is a full-time employee of the Florida Parole and Probation Commission prohibited from engaging in passive...
QUESTION: What is the effect of ss. 166.021 and 166.041 , F.S., of the Municipal Home Rule Powers Act on that part of the charter of the City of Miramar which requires a minimum of three affirmative votes of the city council to adopt an ordinance or resolution SUMMARY: That part of the municipal charter of the City of Miramar which requires an affirmative vote of three members of the city council to adopt an ordinance or resolution has been nullified and repealed or has become a municipal...
QUESTION: What constitutes "law enforcement education" for the purposes of receiving funds raised by operation of s. 23.105, F. S. SUMMARY: Local police training and education programs should be submitted to the Police Standards Board for approval under minimum standards set by the board for training police officers in order to be lawfully funded from assessments authorized under s. 23.105, F.S., for law enforcement education expenditures. Section 23.105, F.S., provides: Municipalities and...
QUESTION: Are employee grievance committee hearings at Florida State University subject to s. 286.011 , F.S., the Government in the Sunshine Law SUMMARY: Employee grievance committee hearings of career service personnel at Florida State University are subject to s. 286.011 , F.S., the Government in the Sunshine Law. According to the Florida State University operating procedures, grievance committees which are formed for the purpose of reviewing employee grievances are composed of three members:...
QUESTION: Are minimum height and weight requirements which are set by the Florida Highway Patrol and the Firefighters Standards Council, and which all job applicants are required to meet, valid under federal law SUMMARY: Minimum height and weight requirements, which have the effect of denying equal employment opportunities to women as well as individuals of certain foreign extractions are probably invalid under applicable federal law. I have been informed that, at present, the firefighters...
QUESTION: Should the poll list kept by the election board at a polling place on the day of election be made available for inspection and copying by the public SUMMARY: A poll list kept by the election board at the polling place on the day of election is not available for inspection and copying by the public. Upon the transmission of the poll list and the registration books to the supervisor of elections following an election, such records in the custody of the supervisor are subject to public...
QUESTIONS: 1. Is the secretary of state legally empowered to remove from the ballot the name of a person in respect of whom the Ethics Commission has found intentional violation of Part III, Ch. 112 , F.S. 2. If the answer to the foregoing question is in the affirmative, is the secretary of state obligated to remove a name from the ballot upon the Ethics Commission's finding intentional violation 3. If the answer to the foregoing question is in the negative, what is the legal authority of the...
QUESTION: Do the words "state prison farm at Raiford" in s. 57.091, F.S., include all institutions in the state correctional system SUMMARY: Pending legislative or judicial clarification, a county may be reimbursed under s. 57.091, F.S., for the costs paid by it in connection with a criminal prosecution of a prison inmate only for those imprisoned at the Florida State Prison in Bradford County, commonly known as Raiford. Your inquiry is based on s. 57.091, F.S., which provides in part that the...
QUESTION: Should a school board which, in reliance upon an invalid statute, levies a millage in excess of ten mills pay the tax assessor's and collector's commissions on unauthorized taxes it is allowed to keep when the Supreme Court determines that the school board is not required to refund the unconstitutional levy, or should the board of county commissioners be required to pay these commissions from general revenue of the county SUMMARY: A nonvoted school millage enacted in reliance on Ch....
QUESTION: Are the following organizations entitled to exemption under Ch. 196 , F.S., assuming that the subject property of each was predominantly or exclusively used for the purposes for which the organization was organized: Young Men's Christian Association; American Legion Post; Elks, Moose, Masons, and similar fraternal organizations; Community or subdivision association clubhouses SUMMARY: Property belonging to the Young Men's Christian Association, American Legion Post, Elks, Moose,...
QUESTION: Are state employees who have been employed for less than ten years by the state but who have more than ten years of combined state and school district employment entitled to the terminal incentive pay for accumulated and unused sick leave prescribed by s. 112.20, F.S. SUMMARY: Pending legislative or judicial clarification, a state employee is entitled to terminal incentive pay for accumulated and unused sick leave under s. 112.20, F.S., only after ten years of creditable state...
QUESTIONS: 1. May a one-doctor practice be designated by use of the word "clinic" 2. Does the use of designations such as "Overweight Medical Clinic," "Acupuncture Clinic," and variations thereof violate Rule 21R-3.08, Florida Administrative Code, which designates specific areas of specialty practice 3. Must an applicant for licensure by endorsement under s. 459.11, F.S., serve an internship 4. Must the board require a license in another state as a prerequisite to licensure by endorsement...
QUESTION: May the City of Avon Park, Florida, extend fire protection beyond municipal boundaries SUMMARY: In the absence of authority contained in general or special law, a municipality may not extend fire protection beyond its territorial limits. Section 166.021 , F.S., of the Municipal Home Rule Powers Act (Ch. 73-129, Laws of Florida), generally provides that municipalities may legislate concerning any subject matter, with certain specified exceptions, upon which the state legislature may...
QUESTIONS: 1. What facts must be established to prove the element of installation under s. 843.16 , F.S. 2. Does a violation of s. 843.16 , F.S., occur when the holder of a valid amateur radio operator license installs in his place of business radio equipment as contemplated by the statute with the volume turned high enough so that customers can listen to official police communications 3. Is a holder of an appropriate license from the F.C.C. authorized to install the type of receiving set...
QUESTION: Is the Council of Deans Committee at the University of South Florida subject to the Government in the Sunshine Law SUMMARY: An organization such as the Council of Deans is under the purview of the Sunshine Law. The Council of Deans is composed of the nine college deans and the vice president for academic affairs. The president of the university appoints the council and empowers it to make decisions. The president continues to have final authority. All decisions which are approved by...
QUESTIONS: 1. Does the levy upon the sale of personal property by the Internal Revenue Service extend to all liens for taxes 2. Does the publication of notice of sale in the newspaper on the recording of a federal lien in the office of the clerk of the circuit court constitute sufficient notice to other taxing authorities requiring us to come forward at the time of sale to protect our lien SUMMARY: The relative priority ranking of competing Internal Revenue Service liens and county tax liens...
QUESTION: Is the Palm Beach County Shrine Club eligible for a club liquor license, and, if so, would this change its status as a nonprofit organization SUMMARY: The Palm Beach County Shrine Club is eligible for a club liquor license, and, if granted, said license would not, in and of itself, destroy the club's status as a nonprofit organization. Use of such license would affect the ad valorem tax exempt status, if any, of the club's property and could affect the club's status as a nonprofit...
QUESTION: Must the Auditor General require that municipalities adopt written accounting and bookkeeping procedures SUMMARY: Under the Rules of the Auditor General, Ch. 10.500, municipalities must continue to keep accounting and bookkeeping records — either written or by electronic data processing — that comply with accepted accounting principles and, in addition, must provide documentary support for the disbursement of all money and incurrence of all liabilities. A written plan of organization...
QUESTION: May the city council provide for the entry upon and inspection of private buildings and construction projects within the municipality in order to investigate its building department and to insure proper conduct of the building inspectors and officials of the city in the enforcement of the South Florida Building Code SUMMARY: The governing body of the City of Tamarac cannot validly provide for the warrantless entry upon and inspection of private buildings and construction projects...
