QUESTIONS: 1. May the clerk of a circuit court impose a $10 fee for issuance of a writ of possession in a residential tenant removal case 2. In a residential tenant removal action not involving monetary damages, should the clerk charge the filing fee ($3.50) prescribed by s. 34.041 (1)(a), F. S., for claims less than $100 SUMMARY: There is no service charge or fee prescribed by statute to be paid in a residential action for possession for issuance by the clerk of a writ of possession under s....
QUESTION: Is it permissible for the Department of Agriculture to make direct arrangements with restaurants and motels to provide meals and lodging for the employees of the department who are called upon on short notice to travel during an emergency situation SUMMARY: Pursuant to s. 112.061 , F. S. (1974 Supp.), vouchers for travel expense reimbursement should be filed by the separate individuals incurring the expenses; and the agency is not authorized to pay the vendor directly. Section 112....
QUESTION: Are two or more licensed physicians associated in a medical group, in which each independently practices medicine, "professionally unrelated" as the term is used within the context of s. 196.012 (10), F. S., when the only division of income from the association is that each physician pays a proportionate share of the rent for his respective facilities and likewise shares the expense of a common or group-employed clerical staff whose sole responsibility is for appointments and billing,...
QUESTION: Does s. 298.12 , F. S., allow the owners of land located within a water-management district created pursuant to Ch. 298, F. S., to vote by proxy in the annual election of a district supervisor SUMMARY: District landowners may vote by proxy in the annual elections of water-management district supervisors under s. 298.12 , F. S. The statutory sections with which your inquiry is concerned are ss. 298.11 and 298.12 , F. S. Section 298.11 provides, among other things, that within 20 days...
QUESTION: Does the approved form of a writ of ne exeat, Form 1.917, Florida Rules of Civil Procedure, authorize the sheriff (or his deputy) to take the defendant named in the writ into custody and deliver him to the booking desk at the county jail, where the defendant then has the option of posting the bond required by the writ or being jailed SUMMARY: The language of the form of a writ of ne exeat (approved by Rule 1.900 RCP), Form 1.917, Ne Exeat, does not appear to be legally sufficient,...
QUESTION: May the Legislature, through the customary procedures for the passage of bills into statutes, pass and cause to be effective a law allowing for a cost-of-living increase in the homestead exemption for the elderly (those who qualify for the second $5,000 exemption for homestead) SUMMARY: The Legislature does not have the power to define the $10,000 limitation on the homestead exemption for the elderly in s. 6, Art. VII, State Const., in such a way that would tie it to cost-of-living...
QUESTIONS: 1. May the Game and Fresh Water Fish Commission adopt a rule to become effective at a future date, more than 30 days in advance, under the Administrative Procedure Act 2. Would such an advance effective date be nullified by the provisions of s. 372.021, F. S. SUMMARY: The Game and Fresh Water Fish Commission may adopt a rule to become effective at a future date, as long as that date is at least 20 days after filing the rule with the Department of State. The revised Administrative...
QUESTION: Is the Bureau of Vital Statistics empowered to require that birth certificates be issued only in the surname of the father as opposed to a hyphenated combination of the mother's maiden name and the father's surname SUMMARY: Pending legislative or judicial clarification, the Bureau of Vital Statistics is not empowered to require that birth certificates be issued only in the surname of the father as opposed to a hyphenated combination of the mother's maiden name and the father's...
QUESTION: In the absence of referendum approval by the municipal electorate, may a municipality execute a promissory note and mortgage for the purpose of acquiring funds necessary for the construction of a municipal facility, when the term of such note and mortgage extends the indebtedness of the municipality beyond the end of the fiscal year in which said note and mortgage are executed SUMMARY: In the absence of an approving referendum by the municipal electorate, a municipality may not...
QUESTIONS: 1. Does s. 790.25 (1), (3), and (4), F. S., allow persons to possess firearms at their place of business for the demonstrable purpose of protecting life and property at said business when a fellow worker, a convicted felon whose rights have not been restored, would be in close proximity to the firearms, not withstanding s. 790.23 , F. S. (1976 Supp.) 2. If question 1 is answered in the affirmative, would the factual situation enumerated above subject the convicted felon to arrest...
QUESTION: Does the phrase "under the laws of another jurisdiction," as used in s. 464.071(2), F. S., as amended by Ch. 75-273, Laws of Florida, include a foreign country or the laws of a foreign country or nation SUMMARY: As used in s. 464.071(2), F. S., as amended, the phrase "under the laws of another jurisdiction" does mean and include foreign countries and the laws of foreign countries or nations. Your question is answered in the affirmative. Prior to July 1, 1975, s. 464.071(2), F. S.,...
QUESTION: Is a card issued to blind persons by the Bureau of Blind Services pursuant to s. 413.091 , F. S., for identification purposes considered a legal document SUMMARY: The identification card issued by the Bureau of Blind Services to applicants upon proof of blindness or partial sight, pursuant to s. 413.091 , F. S., is intended to identify the bearer and operates to provide a means of identification of the individual in the same manner accorded by various private entities to individuals...
QUESTIONS: 1. Are the sheriffs of the State of Florida under any duty, obligation, or requirement to serve civil process issued by a state other than Florida 2. Would a sheriff be in violation of s. 30.19, F. S., or s. 839.19 , F. S., if he refused to serve out-of-state civil process 3. If the sheriff did execute and serve out-of-state civil process, would he come under the protection of ss. 843.01 and 843.02 , F. S. 4. Does the bond, as required of the sheriff under s. 30.01 , F. S.,...
QUESTIONS: 1. Does an expression by mass media which opposes the candidacy of a particular candidate without any mention of, or connection with, that candidate's opponent or opponents come within the definition of "political advertisement" in s. 104.371, F. S. 2. Does a group, club, association, or other organization which sponsors a publication which characterizes a candidate for public office for the purpose of opposing the candidacy of such candidate come within the purview of s. 104.37(5),...
QUESTION: Does the governing body of a municipality have the power under general law to establish, by ordinance, distance limitations between liquor vendors and other liquor vendors and between liquor vendors and churches and schools SUMMARY: A municipal governing body has the power, under s. 168.07, F. S. 1971 (as preserved in effect by s. 166.042 (1), F. S.), and s. 562.45 (2), F. S., to establish by ordinance distance limitations between liquor vendors and other liquor vendors and between...
QUESTION: Pursuant to s. 550.17, F. S., must the party requesting the transfer of a pari-mutuel permit hold a referendum vote in the county to which the permit is being transferred SUMMARY: The statutory scheme provided in ss. 550.05, 550.06, 550.07, and 550.17, F. S., requires a referendum in Broward County if a party acquires a permit approved by the electors of Dade County prior to the conducting of any racing dates under the permit. Thus, any sale of the Hialeah Race Course permit to the...
QUESTIONS: 1. Is a standard assessment procedure a rule 2. Is a standard measure of value a rule 3. Is a form and its instructions, promulgated pursuant to s. 195.022 , F. S., a rule; would such a form be a rule if its sole use was by a county official in reporting to the Department of Revenue; would the written permission of the executive director allowing a county officer to use his own form constitute an order or a rule 4. If the answer to any of the foregoing questions is yes, must such...
QUESTIONS: 1. What is the proper judicial proceeding referred to in s. 197.086(2), F. S. 2. Is such a judicial proceeding a prerequisite generally to the perfecting of a lien against tangible personal property SUMMARY: Section 197.086, F. S., as amended by s. 3, Ch. 75-136, Laws of Florida, mandates a uniform judicial procedure to be followed by tax collectors in enforcing collection of delinquent ad valorem personal property taxes. Subsequent to the judicial proceeding a tax warrant issued...
QUESTION: Are persons who run for election to public office as independent, minority party, or write-in candidates permitted under the Florida campaign financing statutes, Ch. 106, F. S., to make expenditures in the same amounts and during the same time periods as persons who run for nomination and election to public office as candidates of major political parties SUMMARY: All candidates for election to public office — those running as independents, write-ins, or under a minority party banner,...
QUESTION: May a qualified, partially disabled ex-serviceman be granted the limited tax exemption provided for in s. 196.24 , F. S., on property rented to others and on which he is not claiming the basic $5,000 homestead exemption SUMMARY: A qualified, partially disabled ex-serviceman may be granted the limited tax exemption provided for in s. 196.24 , F. S., on property owned by such ex-serviceman but rented to other persons. Your question is answered in the affirmative. Section 196.24 , F. S.,...
