Honorable George Firestone Secretary of State The Capitol Tallahassee, Florida 32301 Dear Secretary Firestone: You recently requested my opinion on the licensing statutes for armored car guards to carry firearms posed in your question: DOES THE EXEMPTION FROM THE PROVISIONS OF SECTION 790.05 AND 790.06 , FLORIDA STATUTES (1979), GRANTED BY SECTION 790.25 (3)(f) ALSO GRANT AN EXEMPTION FROM THE NEED TO OBTAIN A STATEWIDE GUN PERMIT (CLASS `G' LICENSE) UNDER SECTION 493.315, FLORIDA STATUTES In...
Ms. Mary B. Childs Clerk of Courts Columbia County Post Office Box 1965 Lake City, Florida 32055 Dear Ms. Childs: This is in response to your request for an opinion on substantially the following questions: 1. IS THE MILLAGE LEVIED BY THE LAKE SHORE HOSPITAL AUTHORITY, AN INDEPENDENT TAXING DISTRICT ESTABLISHED BY CHAPTER 63-1247, LAWS OF FLORIDA, AND ALLOWED TO LEVY MILLAGE BY CHAPTER 65-1414, LAWS OF FLORIDA, INCLUDIBLE IN THE OTHER COUNTY MILLAGE FOR THE PURPOSE OF COMPUTING THE BOARD OF...
Mr. Patrick Gallagher Executive Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302 Dear Mr. Gallagher: You have requested my opinion on the following question: ARE CORRECTIONAL OFFICERS CERTIFIED BEFORE JULY 1, 1981, ELIGIBLE FOR BASIC INCENTIVE PAY ($25) Basically, Chapter 81-24, Laws of Florida, merged the certification, standards and training of law enforcement and correctional officers under one commission, The Criminal Justice...
Mr. Chester F. Blakemore Executive Director Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32301 Dear Mr. Blakemore: This is in response to your request for an opinion on substantially the following question: IS THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES AUTHORIZED TO ACCEPT REFUSAL TO SUBMIT TO CHEMICAL TEST AFFIDAVITS EXECUTED PURSUANT TO s 322.261, F.S., BY FEDERAL MILITARY SECURITY POLICE ON FEDERAL MILITARY RESERVATIONS AND, BASED...
Mr. Ernest E. Smith, Jr. Executive Director Florida Student Financial Association Commission Knott Building Tallahassee, Florida 32301 Dear Mr. Smith: This is in response to your request for my opinion on substantially the following question: IS THE FLORIDA STUDENT FINANCIAL ASSISTANCE COMMISSION AN `AGENCY' WITHIN THE SCOPE AND INTENT OF CH. 120 , F.S., SUCH THAT DETERMINATIONS MADE BY THE COMMISSION PURSUANT TO CH. 240, F.S., WOULD BE SUBJECT TO THE PROVISIONS OF CH. 120 , F.S., THE...
Mr. Aldine Feagle Chairman Columbia County Board of County Commissioners Post Office Drawer 1529 Lake City, Florida 32055 Dear Mr. Feagle: This is in response to your request for an opinion on substantially the following questions: (1) MAY THE BOARD OF COUNTY COMMISSIONERS OF COLUMBIA COUNTY, IN LIGHT OF s 336.021 , F.S., AND THE ASSOCIATED COUNTY REFERENDUM HELD ON NOVEMBER 4, 1980, EXPEND THE TAXES COLLECTED FROM THE ADDITIONAL ONE CENT MOTOR AND SPECIAL FUEL TAX ON THE CONSTRUCTION AND...
Mr. Frank B. Watson, Jr. City Attorney City of Fort Myers Post Office Drawer 2217 Fort Myers, Florida 33902 Dear Mr. Watson: This is in response to your request for an opinion on substantially the following question: IS A REFERENDUM REQUIRED TO AMEND THE CHARTER OF FORT MYERS TO REMOVE THE REQUIREMENT THAT `ALL CHECKS FOR DELIVERY OF CITY FUNDS MUST BE APPROVED BY THE CITY COUNCIL BEFORE DELIVERY,' OR MAY THIS AMENDMENT BE ACCOMPLISHED BY ORDINANCE Section 32(a) of Ch. 57-1326, Laws of Florida,...
Mr. John Henry Jones Chairman Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 Attention: Mr. J.K. Linnan, Executive Director Dear Mr. Jones: This is in response to your request for an opinion on the following question: IS THE CONSTRUCTION INDUSTRY LICENSING BOARD AUTHORIZED TO DENY AN APPLICATION ON THE GROUNDS OF LACK OF FINANCIAL RESPONSIBILITY WHEN THE APPLICANT HAS FILED FOR BANKRUPTCY, OR HAS BEEN ADJUDICATED A BANKRUPT, OR IS IN THE MIDDLE OF BANKRUPTCY...
Mr. Ernest Ellison Auditor General Post Office Box 1734 Tallahassee, Florida 32301 Dear Mr. Ellison: This is in response to your request for an opinion on substantially the following question: IS A SCHOOL BOARD LEGALLY AUTHORIZED TO CONTRACT WITH AN APPOINTIVE SUPERINTENDENT TO PROVIDE HIM WITH AN AUTOMOBILE FOR PERSONAL AND BUSINESS USE IN ADDITION TO HIS REGULAR SALARY You state that during the audit of the Duval County School Board you determined that the school board contracted with the...
Mr. James W. York Executive Director Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32301 Dear Mr. York: This is in response to your request for an opinion on the following questions: 1. WHAT VEHICLES IS THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES REQUIRED UNDER SECTION 316.615 (4), F.S., TO INSPECT 2. DOES THE WORD `BUS' IN SECTION 316.615 (2)(a), F.S., REFER TO ANY `BUS' AS THAT TERM IS DEFINED IN SECTION 316.003 (3), F.S., OR ONLY TO A `...
Mr. George F. Knox, Jr. City Attorney City of Miami 174 E. Flagler Street Miami, Florida 33131 Attention: Mr. Robert F. Clark, Deputy City Attorney Dear Mr. Knox: This is in response to a request from your office for an opinion on the following question: WHAT IS THE EFFECT OF THE LANGUAGE IN s 100.361 (8) AND (9), F.S., RELATING TO `UNIFORM STATEWIDE' MUNICIPAL RECALL PROCEDURES UPON THE CITY OF MIAMI, A SPECIAL CHARTER MUNICIPALITY WITHIN DADE COUNTY, WHOSE MUNICIPAL CHARTER CONTAINS...
Mr. W. Arvel Drury Attorney, Hamilton County School Board Post Office Drawer O Jasper, Florida 32052 Dear Mr. Drury: This is in response to your request for an opinion on substantially the following questions: (1) IS THE ELECTED SUPERINTENDENT OF THE HAMILTON COUNTY SCHOOL DISTRICT A `PUBLIC OFFICIAL' AS THAT TERM IS USED AND DEFINED IN s 116.111(1)(b), F.S. (2) IS THE SISTER OF THE WIFE OF A `PUBLIC OFFICIAL' A `SISTER-IN-LAW' UNDER s 116.111(1)(c), F.S. Your inquiry notes that the...
Mr. Wade H. Parsons Attorney for the Mat'lacha and Pine Island Fire Control District Post Office Box 2462 Fort Myers, Florida 33902 Dear Mr. Parsons: This is in response to your request for an opinion on substantially the following question: WHETHER THE GOVERNING BODY OF THE MAT'LACHA AND PINE ISLAND FIRE CONTROL DISTRICT IS AUTHORIZED TO USE AD VALOREM TAX REVENUES TO FUND THE OPERATIONS OF THE DISTRICT'S EMERGENCY AMBULANCE SERVICE The Mat'lacha and Pine Island Fire Control District was...
Mr. Ernest Ellison Auditor General Post Office Box 1734 Tallahassee, Florida 32301 Dear Mr. Ellison: This is in response to your request for an opinion on substantially the following question: WHERE THE DISTRICT SCHOOL BOARD HAS SOLD REAL ESTATE TO A PRIVATE NONPROFIT CORPORATION, WHICH PROPERTY THE BOARD IS LEGALLY AUTHORIZED TO DISPOSE OF AT PUBLIC OR PRIVATE SALE, MAY THE BOARD ACCEPT PARTIAL PAYMENT OF THE PURCHASE PRICE AND DEFER TO STATED FUTURE TIMES THE PAYMENT OF THE BALANCE OF THE...
Mr. Andrew S. Maurodis City Attorney City of Deerfield Beach 150 N.E. Second Avenue Deerfield Beach, Florida 33441 Dear Mr. Maurodis: This is in response to your request for an opinion on substantially the following question: MAY THE BROTHER OF A LIFEGUARD CAPTAIN BE RPOMOTED IN HIS POSITION AS LIFEGUARD WHERE THE LIFEGUARD CAPTAIN DOES NOT HAVE THE AUTHORITY TO PROMOTE OR ADVANCE OR RECOMMEND FOR PROMOTION OR ADVANCEMENT HIS BROTHER You state in your letter that the Aquatic Division in the...
Mr. Tom Morton County Attorney Santa Rosa County Post Office Box 781 Milton, Florida 32570 Dear Mr. Morton: This is in response to your request for an opinion as to the proper disposal of dirt which the Santa Rosa County Road Department has dug out of drainage ditches and other county projects. Dirt is defined by Black's Law Dictionary (Rev. 4th ed. 1968) at page 548 as: `Filth or excrement; garden loam; earth or soil, especially when loose; dust; garden earth.' Thus, the word has broad and...
Mr. Randy Miller Executive Director Department of Revenue Carlton Building Tallahassee, Florida 32301 Dear Mr. Miller: This is in response to your request for an opinion on the following questions: 1. MAY THE DEPARTMENT OF REVENUE DEPOSIT THE 5 CENT SALES TAX MONEY INTO A CLEARING FUND FOR TRANSFER AT A LATER DATE TO THE GENERAL REVENUE FUND AND THE LOCAL GOVERNMENT HALF-CENT SALES TAX CLEARING TRUST FUND 2. DOES `DEPOSITED' WITHIN THE MEANING OF THIS NEW STATUTE MEAN THAT THE DEPARTMENT OF...
Ms. Freda Wright Clerk Indian River County Post Office Box 1028 Vero Beach, Florida 32960 Dear Ms. Wright: This is in response to your request for an opinion on substantially the following questions: 1. MAY COUNTY FUNDS BE EXPENDED FOR THE FINANCE OFFICER, AN EMPLOYEE OF THE CLERK OF CIRCUIT COURT, TO ATTEND A MANAGEMENT COURSE SPONSORED BY A STATE UNIVERSITY 2. ARE EXPENSES FOR AN EMPLOYEE HIRED AS A KEY PUNCH OPERATOR TO ATTEND SCHOOL TO BE TRAINED AS A COMPUTER PROGRAMMER LEGAL EXPENSES...
The Honorable David H. Pingree Secretary Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, Florida 32301 Dear Secretary Pingree: This is in response to your request for an opinion on substantially the following question: ARE THE MANDATORY FUNDING REQUIREMENTS OF s 394.76 , F.S., APPLICABLE TO SERVICES AND PROGRAMS PROVIDED UNDER CH. 396, `THE COMPREHENSIVE ALCOHOLISM PREVENTION, CONTROL AND TREATMENT ACT' The legislative findings and declaration of purpose...
Mr. Joseph D. Farrington Secretary Mat'lacha-Pine Island Fire Control District Route 1, Box 353 Bokeelia, Florida 33922 Dear Mr. Farrington: This is in response to your request for an opinion on substantially the following question: DOES THE GOVERNING BODY OF THE MAT'LACHA AND PINE ISLAND FIRE CONTROL DISTRICT HAVE THE AUTHORITY TO BORROW MONEY FOR CONSTRUCTION PURPOSES The Mat'lacha and Pine Island Fire Control District was created by Ch. 63-1558, Laws of Florida. Chapter 63-1558 was ratified...
