QUESTIONS: 1. Will acceptance of the resignation of Circuit Judge Stewart F. LaMotte affect his legal status 2. Will such acceptance make any difference as to his pension and retirement rights SUMMARY: Resignation from a judicial office is not effective until acceptancy by the Governor. In view of the pending constitutionally created removal proceedings, it would be the preferable course to decline acceptance and avoid any intrusion into the judicial process. Under present Florida law,...
QUESTION: Under general law, may a board of county commissioners in a noncharter county lend county funds to the district school board, if such funds are derived from county ad valorem taxes or other sources SUMMARY: Noncharter counties are not authorized by general law to lend county funds derived from ad valorem tax revenue or from other sources to district school boards. The powers of a noncharter county to use county funds are the same regardless of whether the funds are derived from...
QUESTION: Does the Clerk of the Circuit Court of Okaloosa County have a duty to act as clerk, accountant, or secretary/treasurer to the board of county commissioners of Okaloosa County when acting as the ex officio board of the county hospital system SUMMARY: In the absence of statutory direction, the Clerk of the Circuit Court of Okaloosa County is not authorized or required by law to serve as the clerk, accountant, or secretary/treasurer for the governing body of the county hospital system...
QUESTION: Does s. 5(a), Art. II, State Const., prohibit a legislator from serving simultaneously in the Legislature and as a member of the Florida Advisory Council on Intergovernmental Relations Section 5(a), Art. II, State Const., does not prohibit a legislator from serving simultaneously in the Legislature and on the Florida Council on Intergovernmental Relations. SUMMARY: Section 5(a), Art. II, State Const., provides, in pertinent part, as follows: No person shall hold at the same time more...
QUESTION: Does s. 42 of C.S. for S.B. 1181 (Ch. 77-468 , Laws of Florida, s. 318.22, F. S. 1977) require the assessment and collection of an additional civil penalty or fine for the conviction of certain violations where the violation itself occurred prior to the effective date of the act, or does it require the collection of such an additional civil penalty for those violations which occurred on or after the effective date of the act SUMMARY: Under either the prohibition against ex post facto...
QUESTION: Is the executive committee of the Northwest Florida Planning and Advisory Council, Inc., which is composed of council members representing municipalities and counties, subject to the restrictions regarding per diem and travel expenses set forth in s. 112.061 , F. S. SUMMARY: The executive committee of a regional planning council is subject to, and its members' travel expenses and per diem allowances controlled by, the terms and limitations of s. 112.061 , F. S., the state uniform...
Dr. E. T. York Chancellor State University System Tallahassee QUESTIONS: 1. Must a registered nurse carry out medication and treatment orders given her by a physician's assistant 2. Has a nurse the responsibility to inquire into the delegation of authority to the physician's assistant each time she receives a drug or treatment order from a physician's assistant 3. May a nurse refuse to carry out an order she receives from a physician's assistant which she believes or has reason to believe is...
QUESTION: May the North Broward Hospital District, as a special tax district of the state, invest funds, without limitation, in savings and loan association certificates of deposit beyond the 10 percent limit set forth in s. 215.47 (2)(b), F. S., if said account is secured in the manner expressly authorized for bank certificates of deposit in s. 215.47 (1)(h), F. S. SUMMARY: The North Broward Hospital District falls within the purview of ss. 665.231 and 665.321, F. S., and pursuant to...
QUESTIONS: 1. Do the provisions of s. 5(a), Art. II, State Const., or s. 110.092(4)(a), F. S., prohibit a comptroller for a community college district from serving simultaneously as a state legislator 2. Would said comptroller have to resign his position in order to run for the office of state legislator SUMMARY: The comptroller of a community college is an employee of a community college district board of trustees; hence, the dual officeholding prohibition of s. 5(a), Art. II, State Const.,...
QUESTION: Are lands owned by private entitles and imposed with the following easements held by governmental entities: Perpetual Easements. These run for an unlimited period and do not contain provisions for termination at the option of the grantor. These are usually for rights-of-way and maintenance spoil areas; Temporary Easements. These generally expire on a stated date and are usually used for construction projects; Contingent Easements. These generally run for an indefinite period and...
QUESTION: Are state and local police power regulations and ordinances applicable to Indian Trust Reservation lands in Broward County and activities thereon by non-Indians SUMMARY: Generally, state and local regulations and taxation are applicable to non-Indians and non-Indian property located on Indian reservations so long as Indians, Indian activities or affairs, or Indian property is not unduly burdened, or tribal self-government frustrated, and so long as not prohibited by federal law....
QUESTION: When the official records required to be kept by the clerk of circuit court are on microfilm, what is the proper method of making marginal notations such as satisfaction of a mortgage or partial release or discharge of a lien SUMMARY: A clerk of the circuit court whose official records are kept on microfilm may note satisfaction or partial release or discharge of mortgages or liens by making notations of the index to the photographic or microfilm record of such mortgage or lien [...
QUESTIONS: 1. Does s. 373.503 (3), as amended, authorize the levying of ad valorem taxes for tax year 1977 2. Should the property appraiser extend on the county tax roll a millage rate which is equivalent to 361/365ths of the rate certified, or should the rate certified be shown on the bill and the amount of tax levied be reduced to 361/365ths of the total tax levied 3. In the alternative, could a water management district simply compute a budget to operate for a fiscal year less 4 days,...
QUESTIONS: 1. May an elected city council member, or candidate for that office, also serve as a certified reserve police officer under the Florida Constitution and Florida Statutes 2. Does the Charter of the City of Edgewood prohibit the above-stated activity 3. What effect does the charter provision which prohibits candidates for the office of council member or mayor, upon qualifying, from serving as appointed officials of the city have upon present or `sitting' council members The...
QUESTIONS: 1. May a county contract with and pay funds to a mental health board to provide mental health services within the district 2. Under part IV of Ch. 394, F. S., may a county appropriate and pay county funds in a lump sum to a mental health board to fund mental health services under the jurisdiction of the board of county commissioners SUMMARY: Under s. 394.76 (9), F. S. 1977, a county is required to participate in the funding of mental health services under its jurisdiction. The...
QUESTION: May the Sebring Utilities Commission disregard s. 166.231 (1), F. S., and incorporate or `roll in' the `fuel adjustment charge' as defined in s. 166.231 (1), into the base rate on its customers' bills, or must the `fuel adjustment charge' be shown separately SUMMARY: A municipally owned utility may incorporate into its base rate the `fuel adjustment charge' or a portion thereof, as defined in s. 166.231 (1)(b), F. S., as long as such `fuel adjustment charge' is separately stated on...
QUESTIONS: 1. Would the appointment of the brother-in-law of the assistant fire chief and personnel officer, who has the authority and duty to perform department personnel functions including interviewing prospective applicants, to the position of fireman by the (unrelated) fire chief violate the Florida Nepotism statute s. 116.111, F. S. 2. If question 1 is answered in the negative, would the fireman be prevented from receiving promotions, pay increases, and other economic benefits during the...
QUESTIONS: 1. Would it be proper for a property appraiser, in situations where there is insufficient market activity on similar properties to establish a market value for such properties (as where similar properties are not commonly bought and sold), to reassess a particular piece of property on which a verified sale has occurred by applying the following formula to the property sold: Net Sales Price + Previous Assessed Value/2 = New Assessed Value 2. Where a single verified sale has occurred...
QUESTION: Does s. 743.07 , F. S., the Adult Rights Act, impliedly amend s. 849.06, F. S., so as to permit persons 18 years of age and older to frequent, visit, or play in billiard parlors within the state SUMMARY: Section 743.07 , F. S., the Adult Rights Act, amends s. 849.06, F. S., so as to permit persons 18 years of age and older to frequent, visit, or play in billiard parlors within the state. Section 849.06, F. S., provides in pertinent part as follows: (1) It is unlawful for any person,...
QUESTIONS: 1. Does the proposed lease arrangement in which the City of Delray Beach proposes to lease a portion of municipally owned property, currently utilized as a park, to the Delray Beach Sickle Cell Fund, a private nonprofit corporation, violate s. 10 , Art. VII of the Florida Constitution 2. Would such a lease be valid if the city were given an absolute right to cancel the lease or the city council reserved the right to approve on a continuing basis the nature and extent of the programs...
