Mr. Gerald R. Colen City Attorney City of St. Petersburg Beach Devito, Colen Forlizzo Attorneys at Law 5362 Central Avenue St. Petersburg, Florida 33707 Dear Mr. Colen: This is in response to your request for an opinion on substantially the following question: WHETHER THE CITY OF ST. PETERSBURG BEACH IS AUTHORIZED TO CONTRACT WITH A PRIVATE FIRM FOR THE PROVISION OF MUNICIPAL FIRE PROTECTION SERVICES AND EMERGENCY MEDICAL SERVICES You state that the city in the past has provided such municipal...
Ms. Anabel P. Mitchell Chairman Parole and Probation Commission 1309 Winewood Boulevard Building 6, Third Floor Tallahassee, Florida 32301 Dear Ms. Mitchell: This is in response to your request for an opinion on the following question: MAY HEARING EXAMINERS EMPLOYED BY THE FLORIDA PAROLE AND PROBATION COMMISSION SERVE SUBPOENAS ISSUED PURSUANT TO s 947.23 , F.S., UPON WITNESSES TO COMPEL THEIR ATTENDANCE AT THE REVOCATION HEARINGS REQUIRED UNDER SAID STATUTE According to your letter, the...
The Honorable Doug "Tim" Jamerson Representative 55th District 904 The Tower 424 Central Avenue St. Petersburg, Florida 33701 Dear Representative Jamerson: This is in response to your request for an opinion on substantially the following question: ARE DOCUMENTS PROVIDED TO LOCAL COMMISSIONS ON HUMAN RELATIONS BY THE FEDERAL EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PURSUANT TO A WORK-SHARING AGREEMENT ENTERED INTO BY SUCH AGENCIES SUBJECT TO THE PUBLIC INSPECTION REQUIREMENTS OF s 119.07 (1), F.S....
Ms. Anabel P. Mitchell Chairman Florida Parole and Probation Commission 1309 Winewood Boulevard Building 6, Third Floor Tallahassee, Florida 32301 Dear Ms. Mitchell: This is in response to your request for an opinion on substantially the following questions: 1. IS A PERSON WHOSE PAROLE IS REVOKED, FOLLOWING HIS CONVICTION OF A CRIME FOR WHICH HE IS SENTENCED PURSUANT TO SENTENCING GUIDELINES EITHER CONSECUTIVE TO OR CONCURRENT WITH HIS PRESENT COMMITMENT, ELIGIBLE FOR PAROLE UPON HIS UNEXPIRED...
Mr. Lawrence C. Turk Attorney South Trail Fire Protection and Rescue Service District 4223 Del Prado Boulevard Cape Coral, Florida 33904 Dear Mr. Turk: This is in response to your request for an opinion on substantially the following question: MAY THE SOUTH TRAIL FIRE PROTECTION AND RESCUE SERVICE DISTRICT ENTER INTO A CONTRACT WITH LEE COUNTY TO PROVIDE FIRE PROTECTION SERVICES ON BEHALF OF THE COUNTY TO MUNICIPAL SERVICE TAXING UNITS WHICH LIE OUTSIDE THE DISTRICT'S BOUNDARIES The South...
Mr. Irvin S. Cowie Polk County Attorney Post Office Box 60 Bartow, Florida 33830 Dear Mr. Cowie: This is in response to your request for an Attorney General Opinion on the following questions: 1. WHERE A TAX CERTIFICATE FOR UNPAID AD VALOREM TAXES IS SOLD, AND AN EXCESS OF FUNDS FROM THAT SALE RESULTS OVER THE STATUTORY BID OF THE CERTIFICATE HOLDER AND THE AMOUNT NECESSARY FOR PAYMENT OF GOVERNMENT LIENS, MAY AN HEIR OF A PERSON TO WHOM THE PROPERTY WAS ASSESSED ON THE TAX ROLL FOR THE YEAR IN...
To: James G. Ward Chairman Committee on Corrections, Probation Parole, Florida House of Representatives QUESTION: Does ch. 958 , F.S., take precedence over any previous criteria by the Department of Corrections for classification of youthful offenders SUMMARY: Until legislatively amended or judicially determined otherwise, the eligibility requirements and criteria for classification as a youthful offender contained in s. 958.04 , F.S., are for purposes of judicial disposition of criminal cases...
Mr. Daniel L. Dwyer Attorney Supervisor of Elections Pasco County 402 East Church Avenue Post Office Box 4 Dade City, Florida 34297-0004 Dear Mr. Dwyer: This is in response to your request for an opinion on substantially the following question: DO SECTIONS 287.001 -287.052, F.S., CONTAINED IN PART I OF CHAPTER 287, THE STATE PURCHASING LAW, APPLY TO LOCAL CONSTITUTIONAL OFFICERS SUCH AS THE SUPERVISOR OF ELECTIONS Your letter of inquiry notes that the Supervisor of Elections in Pasco County is...
Dr. Elton J. Gissendanner Executive Director Department of Natural Resources Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32303 Dear Dr. Gissendanner: This is in response to your request for an opinion on substantially the following questions: 1. WHETHER LIVE BAIT SHRIMP PRODUCERS MAY LAWFULLY TRAWL FOR SHRIMP IN THE INLAND WATERS OF CLAY, DUVAL AND ST. JOHNS COUNTIES THAT DO NOT COMPRISE THE ST. JOHNS RIVER 2. WHETHER DEAD SHRIMP PRODUCERS MAY LAWFULLY...
Mr. Murray Gilman Executive Director Housing Authority City of Miami Beach 200 Alton Road Post Office Box 39646 Miami Beach, Florida 33119-0646 Dear Mr. Gilman: This is in response to your request for an opinion on substantially the following questions: 1. MAY THE NUMBER OF COMMISSIONERS OF THE CITY OF MIAMI BEACH HOUSING AUTHORITY'S GOVERNING BOARD BE EXPANDED FROM FIVE TO SEVEN MEMBERS PURSUANT TO s 421.05 (1), F.S. 2. MAY THE "DATE OF APPOINTMENT" OR DETERMINATION OF THE RESPECTIVE CYCLES...
The Honorable Nevin G. Smith Secretary Department of Administration 435 Carlton Building Tallahassee, Florida 32301 Dear Secretary Smith: This is in response to your request for my opinion on the following question: ARE VOCATIONAL-TECHNICAL SCHOOLS CONSIDERED STATE AGENCIES FOR PURPOSES OF s 216.262 (1)(c) AND (d), F.S. Your question is answered in the negative. Section 216.262 (1), F.S., provides in pertinent part: (c) No individual employed by a state agency may hold more than one employment...
Mr. Herbert Elliott City Attorney City of Tarpon Springs Suite 17 101 West Court Street Post Office Box 1575 Tarpon Springs, Florida 33589 Dear Mr. Elliott: This is in response to your request for an opinion on substantially the following question: MAY THE GRANDDAUGHTER OF THE CHAIRMAN OF THE TARPON SPRINGS CIVIL SERVICE BOARD BE EMPLOYED AS A CLERK — TYPIST IN THE TARPON SPRINGS CITY CLERK'S OFFICE You state that the granddaughter has been recommended for employment by the city clerk as a...
Mr. Michael N. Kavouklis County Attorney Hillsborough County Post Office Box 1110 Tampa, Florida 33601 Dear Mr. Kavouklis: This is in response to your request for an opinion on substantially the following question: WHAT AUTHORITY DOES THE HILLSBOROUGH COUNTY PUBLIC TRANSPORTATION COMMISSION HAVE OVER PUBLIC TRANSPORTATION AND THE VARIOUS GOVERNMENTAL ENTITIES LOCATED WITHIN THE COUNTY The Hillsborough County Public Transportation Commission was created by Ch. 83-423, Laws of Florida, effective...
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: MUST TITLE TO ALL TANGIBLE PERSONAL PROPERTY, WHICH COSTS OVER $100 AND WHICH IS PURCHASED WITH STATE FUNDS, BE VESTED IN THE STATE; SPECIFICALLY, MUST WHEELCHAIRS PURCHASED FROM APPROPRIATED FUNDS BE IDENTIFIED AND INCLUDED IN THE PROPERTY...
Mr. S. Craig Kiser General Counsel Office of the Comptroller The Capitol Tallahassee, Florida 32301 Dear Mr. Kiser: According to your letter, the Auditor General has recently reported several claims to the Department of Banking and Finance suggesting recovery of retroactive salary increases paid to several superintendents of schools on the basis that the exemption pertaining to salary schedules adopted by a district school board contained in s 215.425 , F.S., does not apply to school...
Mr. Lucien C. Proby, Jr. County Attorney County of Monroe Post Office Box 1680 Key West, Florida 33040 Dear Mr. Proby: This is in response to your request for an opinion on substantially the following question: DOES THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS HAVE THE AUTHORITY TO ADOPT AN ORDINANCE IMPOSING THE COSTS OF INCARCERATION OF PRISONERS IN THE COUNTY JAIL AS TAXABLE COSTS IN CRIMINAL PROSECUTIONS According to your letter, the Monroe County Board of County Commissioners is...
Mr. Richard C. Fellows City Administrator City of Okeechobee City Hall 55 Southeast Third Avenue Okeechobee, Florida 33472-2932 Dear Mr. Fellows: This is in response to your request on behalf of the Mayor and City Council of the City of Okeechobee for an opinion on the following question: MAY THE CITY OF OKEECHOBEE UNDER ITS HOME RULE POWERS CONFERRED BY CHAPTER 166 , F.S., SUBMIT TO A REFERENDUM OF CITY ELECTORS AN ORDINANCE WHICH WOULD AUTHORIZE RESIDENT ELECTORS OF OKEECHOBEE COUNTY WHO OWN...
Mr. Owen L. Luckey, Jr. County Attorney of Hendry County P.O. Box 865 La Belle, Florida 33935-0865 Dear Mr. Luckey: This is in response to your request for my opinion on the following questions: (1) MAY THE BOARD OF COUNTY COMMISSIONERS OF HENDRY COUNTY ESTABLISH A MUNICIPAL SERVICE TAXING UNIT FOR THE PURPOSE OF PROVIDING DRAINAGE IN AN UNINCORPORATED AREA OF THE COUNTY, ASSESSING THE LANDS AFFECTED ON A PER ACRE OR PER LOT BASIS AND DO SO WITHOUT REFERENDUM (2) IN THE ALTERNATIVE, MAY THE...
Mr. Maynard A. Gross Town Attorney Town of Medley Suite 200, Dadeland West 10651 North Kendall Drive Miami, Florida 33176 Dear Mr. Gross: This is in response to your request for an Attorney General's Opinion on substantially the following question: WHETHER A MUNICIPAL CODE INSPECTOR IS AUTHORIZED BY LAW TO ENTER ONTO PRIVATE PREMISES TO CONDUCT INSPECTIONS OR ASSURE COMPLIANCE WITH LOCAL TECHNICAL CODES WITHOUT THE CONSENT OF THE OWNER OR OCCUPANT OR HAVING FIRST PROCURED A WARRANT This...
The Honorable David H. Bludworth State Attorney Room 430 Palm Beach County Courthouse West Palm Beach, Florida 33401 Dear Mr. Bludworth: This is in response to your request for an opinion on substantially the following question: IS A STATE ATTORNEY AUTHORIZED TO PAY FROM APPROPRIATIONS OF HIS OFFICE THE DUES OF THE FLORIDA BAR FOR HIMSELF AND HIS ASSISTANT STATE ATTORNEYS Article VII, s 1, State Const., prohibits all expenditures except those made pursuant to appropriations made by law. See,...
