The Honorable Louie L. Wainwright Secretary, Department of Corrections QUESTIONS: 1. May the Secretary of Corrections delegate the powers and duties granted him by statute to his Deputy Secretary to enable the Deputy to attend meetings of the Florida Council on Criminal Justice on the Secretary's behalf If so, would the Deputy Secretary have full voting privileges 2. Would this authority also apply to any other councils, committees, commissioners, etc., to which the Secretary of Corrections...
The Honorable Bob Graham Governor, State of Florida QUESTION: Is the Governor's Energy Office authorized by law to administer and disburse federal funds to conduct a positive reinforcement program for those who excel in energy conservation under the provisions of a federal grant from the United States Department of Energy by making awards to individuals and businesses who have excelled in energy conservation SUMMARY: The Executive Office of the Governor is authorized by law to administer and...
The Honorable George Firestone Secretary of State QUESTION: What is the precise legal and administrative relationship between the Department of State and the Historic Preservation Boards created within the Department by ch. 266, F.S. SUMMARY: The legal and administrative relationship between the Department of State, Secretary of State, and the Historic Preservation Boards of Trustees created within the Department of State under parts I, II, III, IV, VI, and VII of ch. 266, F.S., is as provided...
Mr. Neal D. Bowen City Attorney City of Sanibel QUESTION: Is the Sanibel City Council required to adopt its millage rate and levy taxes by ordinance or resolution SUMMARY: Unless and until judicially determined otherwise, the Sanibel City Council is not required to levy ad valorem taxes and fix the ad valorem tax millage rates by ordinance. Such millage rates are to be fixed by resolution of the governing body of the city as provided for in s. 200.191, F.S. (1980 Supp.) Section 1.01 (e), Art....
Mr. James C. Brady City Attorney City of Lauderdale Lakes QUESTION: Can a municipality impose a license tax for the issuance of an occupational license on an establishment having its permanent place of business in the municipality and selling both alcoholic beverages and items typically sold in grocery stores or selling meals and other edible products in connection with liquor lounge activities SUMMARY: Unless and until legislatively or judicially determined otherwise, s. 561.342 (3), F.S.,...
Mr. Mark Kane Goldstein Mayor-Commissioner, Gainesville City Commission Mr. Ken McGurn Chairman Gainesville Development Authority QUESTION: What is the meaning and scope of the prohibition contained in s. 163.367 , F.S. SUMMARY: Section 163.367 (2), F.S., among other things, requires any public official or employee of a county or municipality, or board or commission thereof, and any commissioner or employee of a community redevelopment agency who presently owns or controls, or who has owned or...
Mr. James H. Siesky Attorney for the School Board of Collier County QUESTION: May a district school board enter into a proposed tax anticipation note plan to finance the entire amount of the school district's anticipated funding deficit for the 1981-1982 fiscal year SUMMARY: Section 237.151, F.S., as amended, does not in terms authorize a district school board to borrow against anticipated ad valorem tax receipts for investment purposes but, rather, that section empowers a school board to...
The Honorable Bob Graham Governor, State of Florida QUESTION: Does any balance of undisbursed and unencumbered funds appropriated from the general revenue fund to the Commission on Hispanic Affairs revert to the general revenue fund at the end of the fiscal year SUMMARY: The Florida State Commission on Hispanic Affairs is statutorily exempted from the requirements of ch. 216 , F.S., relating to the reversion of balances of appropriations not expended or contracted to be expended at the end of...
The Honorable Samuel R. Shorstein Secretary, Department of Professional Regulation QUESTIONS: 1. May duly licensed mobile home dealers or duly licensed mobile home manufacturers or their employees perform setup operations when delivering a mobile home to a location 2. What constitutes a setup operation with regard to potable water, sewer and electrical connections 3. May a mobile home park operator construct or install throughout his park potable water services, sewers and electrical lines or...
Mr. Chester F. Blakemore Executive Director, Department of Highway Safety and Motor Vehicles QUESTIONS: 1. May a motor vehicle dealer conduct his business in more than one fictitious name under a single license issued to the dealership pursuant to s. 320.27 (3), F.S. (1980 Supp.) 2. If question one is answered in the affirmative, may the Division of Motor Vehicles of the Department of Highway Safety and Motor Vehicles require the applicant for a motor vehicle dealer license to submit one...
Mr. Isadore F. Rommes, Jr. City Attorney City of Perry QUESTION: May the city clerk serve as acting city manager, performing the duties of that office, without violating the dual officeholding prohibition in s. 5(a), Art. II, State Const. SUMMARY: The city council as the legislative body of the city may be ordinance impose ad interim the additional or ex officio duties and functions of the office of city manager on the city clerk and the designation of such officer to perform ex officio the...
Mr. Charles F. Williamson Administrator, Santa Rosa Hospital QUESTION: Is the Santa Rosa Hospital a subdivision of the state for purpose of s. 768.28 , F.S. (1980 Supp.), the waiver of sovereign immunity statute SUMMARY: The Santa Rosa Hospital, located at Milton, Florida, is an agency of Santa Rosa County and therefore the county is liable for torts committed by hospital officers and employees acting within the scope of their employment or function to the extent specified in s. 768.28 , F.S.,...
The Honorable Joan H. Heggen Secretary, Department of Veteran and Community Affairs QUESTION: What procedure, if any, exists for applying veterans' preference to an individual who is seeking employment in a class within the state career service system, but which class has been designated by the Department of Administration as `noncompetitive' SUMMARY: Although there does not appear to be any statute or administrative rule specifically outlining how preference is to be awarded certain verterans...
The Honorable Chester F. Blakemore Executive Director, Department of Highway Safety and Motor Vehicles QUESTIONS: 1. Must one who acts as a broker of used mobile homes and who takes neither title nor possession be licensed as a mobile home dealer under s. 320.77 , F.S. (1980 Supp.) 2. Assuming Question Number One is answered in the affirmative, are such used mobile homes which are offered for sale by a broker who takes neither title nor possession `offered and displayed for sale' as that term...
Mr. Carlos Lidsky City Attorney City of Sweetwater QUESTION: May the City of Sweetwater create the position of City Manager or Administrator, who is responsible to the city council, and not the mayor, by ordinance without a referendum SUMMARY: In the absence of any special law or charter otherwise providing, the governing body of the City of Sweetwater may create by ordinance, without a referendum, the position of City Administrator or City Manager responsible to the city council and not to...
Mr. Vernon McDaniel Chairman, Escambia County School Board QUESTIONS: 1. Does ch. 80-377, Laws of Florida, effectively repeal ch. 76-356, Laws of Florida, which specifically relates to salaries of members of the Escambia County School Board 2. If the answer to Question One is in the affirmative, what is the effective date SUMMARY: Sections 18 and 20 of ch. 80-377, Laws of Florida, did not effect an implied repeal or modification of ch. 76-356, Laws of Florida, Special Acts of 1976, so far as...
The Honorable Bob Graham Governor, State of Florida QUESTIONS: 1. Is a Commissioner of Deeds required to be a resident of the State of Florida, or may the Governor appoint a person from a foreign country, or a resident of another state 2. What are the legal requirements or qualifications for a person to be eligible for appointment as a Commissioner of Deeds SUMMARY: The provisions of ch. 118 , F.S., and ss. 695.03 (2) and (3), F.S. (1980 Supp.), contemplate that a duly appointed and...
Ms. Betty M. Carter Executive, Secretary Suwannee River Authority QUESTION: Are members of the governing board of the Suwannee River Authority covered by the state insurance umbrella pertaining to liability insurance for lawsuits SUMMARY: The Suwannee River Authority is a unit of the Department of Natural Resources and as such is subject to the limitations and provisions of s. 768.28 , F.S., the waiver of sovereign immunity in tort actions statute. While it appears that the Authority is...
Mr. J. Bert Grandoff County Attorney Hillsborough County QUESTIONS: 1. Are the refund provisions contained in ss. 206.29, 206.50, 206.625 , and 206.64 , F.S., applicable to the proceeds of the additional one cent tax levied locally pursuant to s. 336.021 , F.S., in light of the fact that said refund provisions do not specifically reference the additional one penny tax levied locally but rather specifically refer to the proceeds of the statewide gas taxes levied pursuant to the terms of ch. 206...
Mr. Ben L. Holley City Attorney City of Crestview QUESTION: Is a referendum required to amend the City Charter of Crestview by removing the police and fire departments from the control of the mayor and placing them under the city council, or may this change be accomplished by city ordinance SUMMARY: Pursuant to s. 166.021 (4), F.S., a referendum is required to amend the Crestview City Charter by removing the police and fire departments from the control of the mayor and placing them under the...
