Joan Heggen Secretary Department of Community Affairs Tallahassee QUESTIONS: 1. Is a county or city responsible for reimbursing its veteran service officer's travel expenses when the service officer attends training refresher courses sponsored by the Division of Veterans' Affairs 2. If the answer to the above question is yes, what penalty may be applied if the county or city refuses to pay the travel expenses SUMMARY: A county or a municipality cannot be compelled by the Division of Veterans'...
Alan S. Gold Village Attorney Bal Harbour QUESTION: May Bal Harbour Village enact an ordinance under the provisions of part I of Ch. 166, F. S., and its charter act regulating and restricting the manner of egress, ingress, boating, bathing, and fishing in the area of the beach within its territorial limits both landward and seaward of the erosion control line duly established pursuant to part I, Ch. 161, F. S. SUMMARY: The Village of Bal Harbour may regulate in a reasonable manner the public...
David H. Pingree Secretary Department of Health and Rehabilitative Services Tallahassee QUESTIONS: 1. When accurate accounting records are not available, may the Department of Health and Rehabilitative Services, pursuant to s. 409.267, F. S., submit a final bill to the counties using, for the amount due, an estimate based on last year's amount paid, as adjusted by the budgeted increase for fiscal year 1978-1979 2. If the answer to the preceding question is `no,' may the department, under the...
Paul J. McDonough City Attorney Coral Springs QUESTION: Does s. 171.091 , F. S., require by implication that a boundary article be contained in a municipal charter (as opposed to being provided only by ordinance) SUMMARY: Florida law clearly requires that the boundaries of a municipality remain in its charter and that the charter be amended or revised whenever the boundaries are changed, with the amendment or revision filed with the Department of State. The Municipal Home Rule Powers Act by...
Sal Geraci Clerk of the Courts Fort Myers QUESTION: Should a clerk of the circuit court charge a fee for recording a judgment evidencing the lien provided for in, and issued pursuant to, the provisions of s. 27.56(2)(a) and (b), F. S. SUMMARY: A clerk of the circuit court is not authorized to charge a fee for recording a judgment which evidences a lien on the property of a defendant represented by a public defender. The word `judgment' was substituted for `statement of claim' by 1977 amendment...
J. Bert Grandoff Hillsborough County Attorney Tampa QUESTION: May the Hillsborough County Board of County Commissioners require the clerk of the circuit court to specifically budget for utility costs as the sole occupant of a county building SUMMARY: The board of county commissioners may not require utility costs for county facilities or services operated by the clerk of the circuit court in county buildings to be included in and specifically budgeted for in the annual budget of the clerk of...
Ernest Ellison Auditor General Tallahassee QUESTION: May a motor vehicle assigned to or requisitioned by a state university be used by a university student government association for student government association purposes SUMMARY: A member of a student government association may be reimbursed, as an `authorized person,' for travel expenses under s. 112.061 , F. S., only if such individual has been authorized and approved by the head of the university to incur travel expenses in the...
Murray W. Overstreet, Jr. Osceola County Attorney Kissimmee QUESTION: May a board of county commissioners borrow money from a bank payable over a 3-year period for the purpose of making improvements to county roads SUMMARY: The Osceola County Commission may borrow money from a local bank for the purpose of improvements to county roads, to be repaid over a 3-year period, providing no mortgage on county property is required and money used for repayment is derived from uncommitted county funds...
Guy H. Amason, Jr. Attorney for Iona-McGregor Fire Protection and Rescue Service District Harry Schooley Lee County Property Appraiser Ft. Myers QUESTIONS: 1. Is the property appraiser, at the expense of his office, required to furnish to the governing board of the Iona-McGregor Fire District a special assessment roll assessing each parcel of real property within the district under the provisions of Ch. 75-421, Laws of Florida, as amended by Ch. 76-402, Laws of Florida 2. Is the district...
Ernest Ellison Auditor General Tallahassee QUESTION: In light of applicable statutory and constitutional provisions, may the personnel, office equipment, official material and supplies, and office space of the office of the county sheriff be utilized in connection with the administration and operation of a program for the provision of security services to private businesses by sheriff's deputies on an off-duty volunteer basis SUMMARY: No general law expressly or by implication authorizes the...
Buddy C. Alexander Clerk Circuit Court Punta Gorda QUESTIONS: 1. May a partially self-insured county delegate authority for the settlement of tort claims within its self-insured portion of coverage to the adjusters of its excess liability insurance carrier 2. If the answer to question 1 is in the affirmative, may funds of limited amount be placed in escrow with the insurance carrier to provide for payment of the claims against which the county is self-insured 3. If the answers to questions 1...
Roger G. Saberson City Attorney Delray Beach QUESTION: Can a city spend public funds to maintain privately owned streets in a residential subdivision located within the city without violating s. 10, Art. VII of the State Constitution SUMMARY: A municipality may not lawfully expend public funds to repair or maintain privately owned roads or streets located within the municipality. Any expenditure of public funds must be for a primarily public purpose, with only incidental or secondary benefit...
David H. Pingree Secretary Department of Health and Rehabilitative Services Tallahassee QUESTION: May the Department of Health and Rehabilitative Services forgive annual repayments for loans made to group-living homes prior to October 1, 1976 SUMMARY: The department is authorized and required to forgive 20 percent of the principal of loans made prior to October 1, 1976, to eligible group-living homes upon approval by the department of each annual statement of services provided. The Group-...
Bill Gunter State Treasurer and Insurance Commissioner Tallahassee QUESTIONS: 1. Does s. 768.28 , F. S., operate to waive sovereign immunity with respect to the activities of the Florida National Guard 2. If the answer to question 1 is in the affirmative, to what extent is the waiver of sovereign immunity applicable in view of s. 250.31 (1), F. S., which provides that: `Members of the organized militia who are in the active service of the state shall not be liable, civilly or criminally, for...
George S. Palmer Executive Director Board of Medical Examiners Tallahassee QUESTION: May the Division of Physical Therapy of the Florida State Board of Medical Examiners properly expend state funds in meeting the additional costs in administering an examination to a handicapped applicant and may the applicant be charged such additional fees that are necessarily accrued by having to administer a special examination SUMMARY: The State Board of Medical Examiners may expend funds for the...
Gerald Holley County Attorney Holmes and Washington Counties Chipley QUESTIONS: 1. Can the surplus second gas tax funds be used for the purchase of road equipment 2. Does resurfacing or widening of a road constitute new construction or maintenance under the provisions of s. 9(c)(5), Art. XII, State Const., and s. 206.47 (7), F. S. 3. Does the fact that the county has bonded the surplus second gas tax and will receive several years' money in a large sum affect the use of that money, and can...
Harry A. Stewart Broward County General Counsel Fort Lauderdale QUESTION: Does a charter county have the authority to enact a valid ordinance which permits the county's consumer protection board to impose a civil penalty for violation of the board's cease and desist orders SUMMARY: Unless and until legislatively provided, a charter county does not have the authority to enact an ordinance which provides for the imposition of civil penalties by county agencies or which purports to authorize a...
Joan Heggen Secretary Department of Community Affairs Tallahassee QUESTION: Would the consolidation of the City of Okeechobee and Okeechobee County affect the dedication of certain property when that property has been used by the city for the public purposes for which it was dedicated SUMMARY: The consolidation of the City of Okeechobee and Okeechobee County would have no effect on the dedication of certain property for public purposes made prior to the time when either the city or county was...
William E. Crotty Attorney for Halifax Hospital District Daytona Beach QUESTION: If the Legislature enacts a special act abolishing an existing hospital district and creating a new hospital district, expanding the boundaries thereof and extending the district's taxing authority throughout the enlarged district, with such special act conditioned to go into effect only upon approval in a referendum election held in the territory affected, would the referendum requirements of s. 3, Art. III, and s....
R. Dewey Burnsed City Attorney Leesburg QUESTION: May the City of Leesburg, in order to acquire title in fee simple absolute and unqualified to land upon which its municipal airport and airport facilities are located, trade its possessory interest in undeveloped property adjacent to such airport in exchange for a release of restrictions on and reverter rights in such airport property held by private persons SUMMARY: The City of Leesburg is authorized to exchange its present possessory interest...
