Mr. William Baird Detention Administrator Indian River County Department of Detention 1725 — 17th Avenue Vero Beach, Florida 32960 Dear Mr. Baird: This is in response to your request for an Attorney General Opinion regarding substantially the following question: WHAT IS THE MEANING OF THE PHRASE "MINOR CRIMINAL BEHAVIOR" AS USED IN s. 394.461 (4)(e), F.S. (1984 SUPP.) Mental health services in Florida are provided within the statutory framework of Ch. 394 , F.S. Part I, of this chapter,...
Ms. Susan F. Delegal General Counsel Board of County Commissioners Broward County Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Dear Ms. Delegal: This is in response to your request for an Attorney General's Opinion on substantially the following question: IS A COUNTY COMMISSION PURSUANT TO s 171.062 (2), F.S., REQUIRED TO APPROVE A DECREASE IN THE DENSITY ALLOWED UNDER A COUNTY LAND USE PLAN AND COUNTY ZONING OR SUBDIVISION REGULATIONS UP TO TWO YEARS...
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 Opinion on substantially the following question: IS THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES AUTHORIZED TO REIMBURSE OR PAY THE COST OF MONTHLY RENTAL PARKING FOR ITS EMPLOYEES WHEN SUCH EMPLOYEES ARE REQUIRED TO USE THEIR PERSONAL VEHICLES IN THE FULFILLMENT OF...
Mr. Michael H. Olenick County Attorney County of Martin Board of County Commissioners 50 Kindred Street Stuart, Florida 33497 Attention: Mr. Daniel S. McIntyre Assistant County Attorney Dear Mr. Olenick: This is in response to your request for an Attorney General Opinion regarding the following question: IS A COUNTY TAX COLLECTOR REQUIRED UNDER s 153.05 (8), (9), (10), F.S., TO ACT AS AGENT FOR THE COUNTY IN COLLECTING SPECIAL ASSESSMENTS LAWFULLY IMPOSED PURSUANT TO CH. 153 , F.S. Pursuant to...
Mr. Kyle S. Van Landingham County Attorney Room 106, Courthouse 304 N.W. 2nd Street Okeechobee, Florida 33472 Dear Mr. Van Landingham: This is in response to your request for an opinion on the following question: IS THE BOARD OF COUNTY COMMISSIONERS, WHICH EMPLOYS A VETERAN SERVICE OFFICER PURSUANT TO CH. 292 , F.S., RESPONSIBLE FOR PROVIDING SAID OFFICER WITH OFFICE SPACE You have stated that Okeechobee County's veteran service officer maintains his office in a commercial building which he...
Mr. William R. Scott Counsel Indiantown Water Control District 700 Colorado Avenue Post Office Box 2057 Stuart, Florida 33497 Dear Mr. Scott: This is in response to your request for an Attorney General's Opinion on substantially the following question: WHETHER THE INDIANTOWN WATER CONTROL DISTRICT, ESTABLISHED PURSUANT TO CH. 298 , F.S., IS AUTHORIZED TO EXPEND DISTRICT FUNDS TO TAKE PREVENTATIVE MEASURES TO PROTECT CITRUS GROVES WITHIN THE DISTRICT FROM CITRUS CANKER. Your letter states that...
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. WHAT IS THE LEGAL DISPOSITION OF PROCEEDS DERIVED FROM THE SALE OR RENTAL OF THE FOLLOWING CATEGORIES OF STATE-OWNED LANDS A. INTERNAL IMPROVEMENT LANDS B. SWAMP AND OVERFLOWED LANDS C. SOVEREIGNTY LANDS D....
Mr. Seymour H. Rowland, Jr. City Attorney City of Ocala 502 S.E. Fort King Suite A-4 Ocala, Florida 32671 Dear Mr. Rowland: This is in response to your request for an opinion on substantially the following questions: 1. HAS THE STATE OF FLORIDA PREEMPTED THE REGULATION OF ABORTION CLINICS 2. IF QUESTION ONE IS ANSWERED IN THE NEGATIVE, DOES THE CITY OF OCALA HAVE THE RIGHT TO BAN ABORTION CLINICS WITHIN THE CITY 3. IF QUESTIONS ONE AND TWO ARE BOTH ANSWERED IN THE NEGATIVE, DOES THE CITY HAVE...
Ms. Julie A.S. Williamson Chairman Code Enforcement Board Miami Shores Village 10050 N.E. Second Avenue Miami Shores, Florida 33138 Dear Ms. Williamson: This is in response to your request for an opinion concerning various duties and responsibilities of a local government code enforcement board created pursuant to Ch. 162 , F.S. Your questions are substantially as follows: 1. MAY A LOCAL GOVERNMENT CODE ENFORCEMENT BOARD TAKE ACTION ON THE AFFIRMATIVE VOTE OF THREE MEMBERS OF THE BOARD WHERE...
Mr. Fred S. Disselkoen, Jr. City Attorney City of Ormond Beach Post Office Box 277 Ormond Beach, Florida 32075 Dear Mr. Disselkoen: This is in response to your request for an opinion on the following question: MAY A MUNICIPAL CODE ENFORCEMENT BOARD ESTABLISHED PURSUANT TO CHAPTER 162, FLORIDA STATUTES, GRANT A VIOLATOR A REHEARING AFTER ENTRY OF AN ORDER FINDING A VIOLATION AND ORDERING CORRECTIVE ACTION AND, IF SO, WHAT IS THE LIMIT FOR SUCH REHEARING REOUEST According to your letter, the...
Mr. Thomas A. Bustin City Attorney City of Clearwater Post Office Box 4748 Clearwater, Florida 33518-4748 Dear Mr. Bustin: This is in response to your request for an Attorney General Opinion on substantially the following questions: 1. IS THE CITY OF CLEARWATER EMPOWERED TO REPEAL AN EXEMPTION RELATING TO RIPARIAN RIGHTS FROM AN ORDINANCE PROHIBITING BOAT TRAFFIC WITHIN 300 FEET OF DESIGNATED PUBLIC BEACHES 2. IF THE ANSWER TO QUESTION ONE IS IN THE AFFIRMATIVE, COULD THE CITY BE SUBJECT TO...
Mr. Edward Brinson City Attorney City of Kissimmee 615 West Emmett Street Post Office Box 1549 Kissimmee, Florida 32741-1549 Dear Mr. Brinson: This is in response to your request for an opinion on substantially the following question: IS THE CITY OF KISSIMMEE AUTHORIZED TO PAY FOR THE DEFENSE OF ITS FORMER CITY MANAGER WHO WAS CHARGED WITH A VIOLATION OF s. 112.313 (6), F.S., IF THE COMMISSION ON ETHICS FOUND "NO PROBABLE CAUSE" AND DISMISSED THE COMPLAINT Your letter of inquiry and...
Mr. Stephen G. Beneke Attorney Pinellas County Housing Authority 1904 Drew Street Clearwater, Florida 33515 Dear Mr. Beneke: This is in response to your request for an opinion asking substantially the following question: DOES A VACANCY EXIST ON A COUNTY HOUSING AUTHORITY CREATED PURSUANT TO CH. 421 , F.S., WHEN THE TERM OF OFFICE OF A CURRENT COMMISSIONER EXPIRES SO AS TO REQUIRE THE APPOINTMENT OF CERTAIN PERSONS AS SPECIFIED BY s 421.05 (1), F.S., AS AMENDED BY CH. 84-250, LAWS OF FLORIDA...
The Honorable J. Keith Arnold Representative 73rd District Post Office Box 2860 Fort Myers, Florida 33902 Dear Representative Arnold: This is in response to your request for an Attorney General Opinion regarding substantially the following questions: 1. WHAT IS MEANT BY THE PHRASE "MAJORITY OF THE COMMISSIONERS" AS IT IS USED IN s. 11, CH. 76-414, LAWS OF FLORIDA, REGARDING VOTES TAKEN BY THE BOARD OF COMMISSIONERS OF THE BAYSHORE FIRE PROTECTION AND RESCUE SERVICE DISTRICT 2. ARE THE...
Mr. Terry McDavid School Board Attorney Columbia County School Board 200 North Marion Street Post Office Box 1328 Lake City, Florida 32056-1328 Dear Mr. McDavid: This is in response to your request for an opinion on substantially the following question: WHETHER A SCHOOL BOARD MEMBER IN A COUNTY OF LESS THAN 100,000 POPULATION WHO COMPLIES WITH THE EXEMPTION REQUIREMENTS UNDER s 112.3140(2), F.S., MAY BID ON SUPPLIES WHICH ARE BEING PURCHASED BY THE SCHOOL SYSTEM OR MAY BID ON CONSTRUCTION...
The Honorable William N. Meggs State Attorney Second Judicial Circuit Suite 500 Lewis State Bank Building Tallahassee, Florida 32301 Dear Mr. Meggs: This is in response to your request, as State Attorney of the Second Judicial Circuit vested with the authority to prosecute violations of Ch. 119 , F.S., the Public Records Law, for an opinion on substantially the following question: DOES s 624.311 (1), (2), AND (3), F.S., EXEMPT CORRESPONDENCE BETWEEN A COUNTY'S RETAINED COUNSEL AND INSURANCE...
The Honorable Gilda H. Lambert Secretary of Administration Department of Administration 435 Carlton Building Tallahassee, Florida 32301 Dear Secretary Lambert: This is in response to your request for an opinion on substantially the following question: ARE STATE EMPLOYEES WHO ARE SPOUSES OF OTHER STATE EMPLOYEES PARTICIPATING IN THE STATE HEALTH INSURANCE PLAN ENTITLED TO RECEIVE THE STATE CONTRIBUTION OF THE INSURANCE PREMIUM FOR FAMILY COVERAGE Rules of the Department of Administration...
Mr. James L. Livingston Attorney for the Highlands County Hospital District 445 S. Commerce Avenue Post Office Box 1068 Sebring, Florida 33870 Dear Mr. Livingston: This is in response to your request for an Attorney General's Opinion on substantially the following question: IS THERE ANY LEGAL IMPEDIMENT OR RESTRICTION ON THE POWER OF THE BOARD OF COMMISSIONERS OF THE HIGHLANDS COUNTY HOSPITAL DISTRICT TO RESUME ITS POWER OF TAXATION PURSUANT TO s 26, CH. 61-2232, LAWS OF FLORIDA, AS AMENDED BY...
Ms. Toby A. Turbyfill City Attorney City of Lauderdale Lakes 420 Southeast 12th Street (Davie Boulevard) Fort Lauderdale, Florida 33316 Dear Ms. Turbyfill: This is in response to your request for an opinion on substantially the following question: DOES A LABOR NEGOTIATING COMMITTEE OR ITS CHAIRMAN, OF A MUNICIPALITY HAVING NO CITY ADMINISTRATOR OR CITY MANAGER, COME WITHIN THE DEFINITION OF "CHIEF EXECUTIVE OFFICER OF THE PUBLIC EMPLOYER" FOR PURPOSES OF s. 447.605 (1), F.S. Your letter of...
Mr. T.M. Barlow City Attorney City of Indian Harbour Beach 65 E. Nasa Boulevard Post Office Box 459 Melbourne, Florida 32902-0459 Dear Mr. Barlow: This is in response to your request for my opinion on substantially the following questions: 1. MAY A MUNICIPAL POLICE DEPARTMENT LAWFULLY RECORD INCOMING CALLS TO THE DEPARTMENT'S LINES SERVED BY ITS SEVEN-DIGIT PUBLISHED TELEPHONE NUMBER 2. MAY A MUNICIPAL POLICE DEPARTMENT LAWFULLY RECORD BOTH INCOMING AND OUTGOING CALLS ON SUCH LINES 3. IF THE...
