Mr. David G. Conn Attorney Clerk of the Circuit Court St. Johns County 28 Cordova Street Post Office Box 408 St. Augustine, Florida 32084-0408 Dear Mr. Conn: This is in response to your request for an opinion on substantially the following questions: (1) IS THE CLERK OF THE CIRCUIT COURT AUTHORIZED TO COLLECT A SERVICE CHARGE FOR RECEIVING MONEY INTO THE REGISTRY OF THE COURT PURSUANT TO s 28.24 (13) ON FUNDS DEPOSITED IN THE REGISTRY OF THE COURT UNDER s 74.051 , F.S., AS AMENDED BY CH. 82-117,...
Mr. Ernest Ellison Auditor General State of Florida Post Office Box 1735 Tallahassee, Florida 32302 Dear Mr. Ellison: This is in response to your request for an opinion on substantially the following question: IS THE BOARD OF TRUSTEES OF A COMMUNITY COLLEGE AUTHORIZED TO PROVIDE THE USE OF A COLLEGE OWNED OR LEASED AUTOMOBILE TO AN EMPLOYEE OF THE COMMUNITY COLLEGE OTHER THAN THE PRESIDENT AS A "FRINGE BENEFIT" PURSUANT TO s 240.319(3)(n), F.S. (1982 Supp.) Section 240.319(3)(n), F.S. (1982...
The Honorable James Russo Public Defender Eighteenth Judicial Circuit 600 South Hopkins Titusville, Florida 32796 Dear Mr. Russo: This is in response to your request for an opinion on substantially the following question: IS A CIRCUIT CONFLICT COMMITTEE, ESTABLISHED BY THE GENERAL APPROPRIATIONS ACT TO APPROVE ATTORNEYS HANDLING CONFLICT CASES, SUBJECT TO s 286.011 , F.S. Section 27.53 (3), F.S., provides that if at any time during the representation of two or more indigents the public...
Mr. John T. Brennan City Attorney City of Fort Pierce Post Office Box 3779 Fort Pierce, Florida 33454 Dear Mr. Brennan: This is in response to your request for an opinion on substantially the following question: WHETHER THE RETIREMENT BOARD OF THE CITY OF FORT PIERCE MAY CHANGE OR AMEND THE RETIREMENT SYSTEM OF THE CITY WITHOUT APPROVAL BY A REFERENDUM OF THE ELECTORS. Pursuant to s 15, Ch. 57-1331, Laws of Florida, the City Commission of the City of Fort Pierce is authorized to establish by...
Mr. Irvin S. Cowie County Attorney Polk County Post Office Box 60 Bartow, Florida 33830 Attention: Dawn Grant Kahre Assistant County Attorney Dear Mr. Cowie: This is in response to your request for an opinion on the following question: IN VACATING A PLATTED SUBDIVISION LOCATED WITHIN ITS POLITICAL AND GEOGRAPHICAL BOUNDARIES PURSUANT TO s 177.101 , F.S., DOES A COUNTY HAVE AUTHORITY TO VACATE OR ABANDON THE PUBLIC RIGHTS IN A PARK SHOWN ON THE SUBDIVISION PLAT Your question is answered in the...
Mr. J.K. Linnan Executive Director The Florida Construction Industry Licensing Board 111 Coast Line Drive East Suite 504 Post Office Box 2 Jacksonville, Florida 32201 Dear Mr. Linnan: This is in response to your request for an opinion on the following question: DOES THE OWNER/BUILDER EXEMPTION SET FORTH IN SECTION 489.103 (7), F.S., PERMIT LOCAL GOVERNMENTS TO IMPOSE COMPETENCY REQUIREMENTS UPON PERSONS BUILDING STRUCTURES UNDER THE TERMS OF THAT EXEMPTION You state that in certain areas of...
The Honorable Jim Appleman State Attorney Fourteenth Judicial Circuit Jackson County Courthouse Post Office Box 1561 Marianna, Florida 32446 Dear Mr. Appleman: This is in response to your request for an opinion on substantially the following questions: 1. ARE ASSISTANT STATE ATTORNEYS WHOSE DUTIES REQUIRE THE INVESTIGATION OF PERSONS CHARGED WITH CRIME AS A PART OF THEIR PREPARATION TO PROSECUTE CRIMINAL CASES INCLUDED IN THE DEFINITION OF "LAW ENFORCEMENT OFFICER" SET FORTH IN SECTION 2(1) OF...
The Honorable Ralph D. Turlington Commissioner of Education Department of Education The Capitol Tallahassee, Florida 32301 Dear Commissioner Turlington: This is in response to your request for an opinion on substantially the following question: DOES s 112.0801 , F.S., AS AMENDED BY CH. 83-294, LAWS OF FLORIDA, APPLY TO EMPLOYEES OR PERSONNEL OF DISTRICT SCHOOL BOARDS WHO RETIRE BEFORE THE EFFECTIVE DATE OF THE AMENDMENT WHICH IS OCTOBER 1, 1983 Chapter 83-294, Laws of Florida (which was SB...
Mr. Robert C. Adamski City Attorney City of Cape Coral Post Office Box 88 Cape Coral, Florida 33910 Dear Mr. Adamski: This is in response to your request for an opinion on substantially the following question: MAY THE CITY OF CAPE CORAL ENACT A MUNICIPAL ORDINANCE WHICH WOULD ALLOW PEST CONTROL VEHICLES EXCEEDING TEN THOUSAND POUNDS IN GROSS WEIGHT TO MAKE A TEMPORARY STOP ON CITY STREETS FOR PURPOSES OF PERFORMING PEST CONTROL SERVICES ON ADJACENT RESIDENTIAL PROPERTY FROM SUCH VEHICLES The...
The Honorable Ernest Ellison Auditor General State of Florida Post Office Box 1735 Tallahassee, Florida 32302 Dear Mr. Ellison: This is in response to your request for an opinion regarding the general operation and effect of Ch. 83-324, Laws of Florida, which amends s 230.03, F.S., `not only as to the fixing, prescribing, determining, and otherwise delimiting of the powers, duties, and functions which school boards must or may exercise or carry out, but also upon the method, manner, or means by...
Mr. James G. Yaeger County Attorney County of Lee Post Office Box 398 Fort Myers, Florida 33902-0398 Dear Mr. Yaeger: This is in response to your request for an opinion on the following question: 1. DOES A NONCHARTER COUNTY HAVE THE AUTHORITY TO PROHIBIT: (a) THE CONSUMPTION OF ALCOHOLIC BEVERAGES, TO INCLUDE BEER AS WELL AS INTOXICATING LIQUORS, ON A SEMI-PUBLIC PARKING LOT, PUBLIC STREET OR PUBLIC RIGHT-OF-WAY; AND (b) THE CARRYING, TRANSPORTING OR POSSESSION OF UNSEALED ALCOHOLIC BEVERAGES,...
Mr. Terence M. Brown City Attorney City of Starke 142 West Call Street Post Office Drawer 40 Starke, Florida 32091 Dear Mr. Brown: This is in response to your request for an opinion on substantially the following question: MAY THE CITY OF STARKE CONTRIBUTE, DIRECTLY OR INDIRECTLY, TO A NONPROFIT CORPORATION'S FOOTBALL PROGRAM Your inquiry states that the City of Starke annually spends a significant amount of money funding a recreation department. This year your city commission, believing that...
Mr. Robert R. Dempsey Commissioner Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Dear Mr. Dempsey: This is in response to your request for an opinion on the following question: IN LIGHT OF THE RECENT AMENDMENT TO ARTICLE I , SECTION 12 OF THE FLORIDA CONSTITUTION, AND RECOGNIZING THAT STATE V. SARMIENTO HAS NOT BEEN OVERRULED ARE SARMIENTO INTERCEPT WARRANTS STILL REQUIRED FOR INTERCEPTIONS OF ORAL COMMUNICATIONS IN A SUSPECT'S HOME For the reasons stated...
Mr. Alfred O. Shuler County Attorney Franklin County Drawer 850 Apalachicola, Florida 32320 Dear Mr. Shuler: This is in response to your request for an opinion on substantially the following question: WHETHER AN EMPLOYEE WHO IS A RELATIVE OF A MEMBER OF THE BOARD OF COUNTY COMMISSIONERS MAY BE PROMOTED IN OR TO A POSITION IN THE COUNTY ROAD DEPARTMENT WHICH HE WOULD ORDINARILY BE ENTITLED TO BY SENIORITY, TRAINING AND EXPERIENCE You state in your letter that the Board of County Commissioners...
Mr. Peter Langley, III Attorney Town of Yankeetown Post Office Box 280 Yankeetown, Florida 32698 Dear Mr. Langley: This is in response to your request for an opinion on substantially the following question: DOES THE PROVISION OF s 163.230, F.S., REQUIRING THE CONCURRING VOTE OF A MAJORITY OF ALL THE MEMBERS OF A BOARD OF ADJUSTMENT TO TAKE CERTAIN ACTION, REQUIRE THE PRESENCE AND VOTE OF ALL MEMBERS OF THE BOARD AT A MEETING BEFORE SUCH ACTION CAN BE TAKEN The board of adjustment referred to...
The Honorable Charlotte R. Fitzsimmons Clerk of the Circuit Court Hendry County Post Office Box 38 LaBelle, Florida 33935-0038 Dear Ms. Fitzsimmons: This is in response to your request for an opinion on substantially the following question: WILL A TAX DEED CONVEY THE SUBSURFACE RIGHTS TO A PIECE OF REAL PROPERTY WHEN THOSE RIGHTS HAVE NOT BEEN SEVERED AND THE DEED DOES NOT MENTION THAT THOSE RIGHTS ARE AMONG THE RIGHTS SPECIFICALLY CONVEYED In my opinion, a tax deed conveys the entire interest...
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 Attorney General's Opinion on the following question: DO SCHOOL OFFICIALS HAVE A RIGHT TO ATTEND INTERVIEWS BETWEEN CHILD PROTECTION INVESTIGATORS AND A REPORTEDLY ABUSED OR NEGLECTED CHILD WHEN SUCH INTERVIEWS OCCUR DURING THE SCHOOL DAY AND ON SCHOOL GROUNDS No mention is made in your...
Mr. John B. Ritch County Attorney Osceola County Post Office Box 760 Kissimmee, Florida 32741 Dear Mr. Ritch: This is in response to your request for an opinion on substantially the following questions: 1. MAY OSCEOLA COUNTY UTILIZE THE REVENUE DERIVED FROM THE TOURIST DEVELOPMENT TAX PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, s 125.0104 , F.S., FOR THE FOLLOWING PURPOSES: (a) TO CONSTRUCT OR IMPROVE A COMBINATION MULTI-PURPOSE BUILDING TO BE UTILIZED AS A CONVENTION CENTER AND...
The Honorable Frank S. Messersmith Chairman Palm Beach County Legislative Delegation Palm Beach County Courthouse P.O. Box 1989 West Palm Beach, Florida 33402 Dear Representative Messersmith: This is in response to your request for an opinion on substantially the following questions: (1) DOES THE ADDITION OF CONTIGUOUS LANDS TO AN EXISTING INDEPENDENT TAXING DISTRICT CONSTITUTE THE CREATION OR ESTABLISHMENT OF A NEW DISTRICT (2) ARE THE PROVISIONS OF s 11(a)(21), ART. III, STATE CONST.,...
Honorable Bob Graham Governor State of Florida The Capitol, Plaza Level Tallahassee, Florida, 32301 Dear Governor Graham: This is in response to your request for an opinion on substantially the following question: IS THE GOVERNOR AUTHORIZED BY STATUTE TO SUSPEND AN ELECTED MUNICIPAL OFFICER WHO HAS HAD AN INFORMATION FILED AGAINST HIM FOR THE COMMISSION OF A FELONY For the following reasons, your question is answered in the affirmative. Section 7, Art. IV, State Const., does not address the...
