Mr. Douglas R. Bell Attorney for the Central Broward Drainage District 8020 Stirling Road (Davie) Hollywood, Florida 33024 Dear Mr. Bell: This is in response to your request for an opinion on substantially the following questions: 1. MUST ALL THE PROCEEDINGS OF THE BOARD OF COMMISSIONERS OF THE CENTRAL BROWARD DRAINAGE DISTRICT BE TAPE RECORDED 2. IF THESE PROCEEDINGS ARE TAPE RECORDED, HOW LONG MUST THE TAPES OF THESE MEETINGS BE RETAINED BY THE DISTRICT Your letter of inquiry states that...
Mr. Neal D. Bowen Osceola County Attorney 17 South Vernon Avenue, Room 155 Kissimmee, Florida 32741-5498 Dear Mr. Bowen: This is in response to your request for an Attorney General's Opinion on substantially the following question: WHETHER THE MILLAGE LEVIED BY THE OSCEOLA COUNTY BOARD OF COUNTY COMMISSIONERS FOR A MUNICIPAL SERVICE TAXING UNIT CREATED PURSUANT TO s. 125.01 (1)(q), F.S., MUST BE INCLUDED WITHIN THE TEN MILL CAP PRESCRIBED BY s. 200.071 (1), F.S., OR THE ADDITIONAL TEN MILL AD...
Ms. Debra L. Romanello Attorney for the Hillsborough County City-County Planning Commission 401 South Florida Avenue Tampa, Florida 33602 Dear Ms. Romanello: This is in response to your request for an opinion on substantially the following questions: 1. WHETHER SPECIFIC AMENDMENTS TO COMPREHENSIVE PLANS IN HILLSBOROUGH COUNTY MUST BE SUBMITTED FOR REVIEW TO THE DEPARTMENT OF COMMUNITY AFFAIRS. 2. WHETHER THE HILLSBOROUGH COUNTY CITY-COUNTY PLANNING COMMISSION IS REQUIRED TO HOLD A HEARING ON...
Mr. Howard B. Lenard City Attorney City of North Miami Beach 17011 N.E. 19th Avenue North Miami Beach, Florida 33162 Dear Mr. Lenard: This is in response to your request for an opinion relating to military leave. Following a telephone conversation with your office, I have restated your question as follows: IS A MUNICIPAL POLICE OFFICER ABSENT DUE TO NATIONAL GUARD INACTIVE DUTY TRAINING ENTITLED TO PAID LEAVE OF ABSENCE BEYOND 17 DAYS UNDER EITHER s. 115.07 (1) OR s. 250.48 , F.S.; IF NOT, IS...
The Honorable Bill Grant Senator District Five 224 Senate Office Building Tallahassee, Florida 32301 Dear Senator Grant: This is in response to your request for an opinion on substantially the following question: WHAT IS THE LEGAL EFFECT OF A PARDON WITH RESPECT TO THE MINIMUM STANDARDS AS TO GOOD MORAL CHARACTER FOR PERSONS IN POSITIONS SUBJECT TO SCREENING PURSUANT TO CH. 85-54, LAWS OF FLORIDA Your inquiry states that you are contemplating filing legislation if a full pardon is insufficient...
Mr. Gary M. Brandenburg County Attorney Palm Beach County Post Office Box 1989 West Palm Beach, Florida 33402-1989 Dear Mr. Brandenburg: This is in response to your request, in your capacity as county attorney for Palm Beach County, for an opinion on the following question: MAY THE CONSTITUTIONAL COUNTY OFFICE OF SUPERVISOR OF ELECTIONS BE MADE AN OFFICE THAT IS ELECTED ON A NONPARTISAN BASIS BY CHARTER AMENDMENT APPROVED BY THE VOTERS OF PALM BEACH COUNTY Restated, your question asks: 1. Does...
Mr. Douglas J. Sale City Attorney City of Panama City Beach Magnolia Avenue at Third Court Post Office Drawer 1579 Panama City, Florida 32402 Attention: Mr. William A. Lewis Assistant City Attorney Dear Mr. Sale: This is in response to your request for an opinion on substantially the following questions: 1. IS A MUNICIPAL POLICE DEPARTMENT REQUIRED TO CONDUCT INVESTIGATIONS INTO THOSE TRAFFIC ACCIDENTS WHICH OCCUR WITHIN THE MUNICIPAL LIMITS 2. IF A MUNICIPAL POLICE DEPARTMENT IS IN FACT...
Mr. C. Edward Rich Attorney Town of Orange Park Suite One, Twenty One Ten Building 2110 Park Street Jacksonville, Florida 32204-3812 Dear Mr. Rich: This is in response to your request for an opinion on substantially the following question: MAY A MUNICIPALITY WHICH PREVIOUSLY ELECTED TO PROCEED UNDER THE PROVISIONS OF PART II OF CH. 163 , F.S. 1983, NOW UTILIZE A SINGLE PLANNING AND ZONING BOARD RATHER THAN A PLANNING COMMISSION AND A SEPARATE BOARD OF ADJUSTMENT In AGO 84-50, this office...
Mr. Christopher A. White Attorney Beaches Public Hospital Special Taxing District 1001 Blackstone Building 233 East Bay Street Jacksonville, Florida 32202 Dear Mr. White: This is in response to your request for an opinion on the following question: WHETHER THE BEACHES PUBLIC HOSPITAL SPECIAL TAXING DISTRICT IS SUBJECT TO LOCAL MUNICIPAL ZONING ORDINANCES GOVERNING PROPERTY WHICH THE DISTRICT WISHES TO CONDEMN UNDER ITS POWER OF EMINENT DOMAIN. The Beaches Public Hospital Special Taxing District,...
To: Gary Brandenburg County Attorney David Bludworth State Attorney Richard Jorandby Public Defender Palm Beach County QUESTIONS: 1. To what extent are counties in the judicial circuit of each state attorney and public defender obligated to pay the costs enumerated in ss. 27.34 (2) and 27.54 (3), F.S. 2. Is a court order required as a prerequisite for the payment of pretrial consultation fees for expert or other potential witnesses or for out-of-state travel expenses incurred in the...
Mr. Randy Miller Executive Director Department of Revenue The Carlton Building Tallahassee, Florida 32301 Mr. Lucien C. Proby, Jr. County Attorney Monroe County Key West, Florida 33040 Gentlemen: This is in response to your joint request for an opinion on substantially the following question: MAY A COUNTY LEVY, IMPOSE AND SET AN ADDITIONAL ONE CENT TAX COUNTYWIDE PURSUANT TO s. 125.0104 (3)(d), F.S., AS CREATED BY s. 1, CH. 86-4, LAWS OF FLORIDA, WHEN THE TOURIST DEVELOPMENT TAX HAS BEEN...
Mr. David La Croix City Attorney City of Sanibel Post Office Drawer Q Sanibel, Florida 33957 Dear Mr. La Croix: This is in response to your request for an opinion on substantially the following question: WHETHER s. 112.3143 , F.S., REQUIRES ABSTENTION BY A MEMBER OF THE CITY COUNCIL IN A SITUATION WHERE SUCH ABSTENTION WOULD PREVENT THE LEGISLATIVE BODY FROM TAKING ANY ACTION ON THAT MEASURE Section 112.3143 (3), F.S., provides: No county, municipal, or other local public officer shall vote in...
The Honorable Margaret M. Gentle Mayor City of North Port 311 North Port Boulevard City of North Port, Florida 33596 Dear Mayor Gentle: This is in response to your request for an opinion on substantially the following questions: 1. IN THE EVENT OF A CONFLICT, DOES THE LIFE SAFETY CODE AS ADOPTED BY THE STATE FIRE MARSHAL TAKE PRECEDENCE OVER THE STANDARD BUILDING CODE 2. ARE MUNICIPALITIES REQUIRED BY LAW TO ADOPT THE LIFE SAFETY CODE As your questions are related, they shall be addressed...
Mr. J. Michael Swaine City Attorney City of Sebring 245 So. Commerce Sebring, Florida 33871-0231 Dear Mr. Swaine: This is in response to your request for an Attorney General's Opinion on substantially the following question: IS THE SEBRING COMMUNITY REDEVELOPMENT AGENCY AUTHORIZED PURSUANT TO ss. 163.358 AND 163.370 , F.S., TO PURCHASE REAL PROPERTY LOCATED WITHIN THE REDEVELOPMENT AREA UNDER ITS REDEVELOPMENT PLAN FOR PUBLIC PARKING WITHOUT PRIOR APPROVAL OF THE CITY COUNCIL Your letter...
To: Frederick B. Karl, Jr. City Attorney City of South Daytona QUESTIONS: 1. May a complaint review board, established pursuant to part VI of ch. 112 , F.S., be convened only at the request of an officer under investigation for matters which may result in disciplinary action 2. Upon being convened, are the duties of the complaint review board limited to holding a hearing, during which evidence is heard and the subject officer is permitted an opportunity for full rebuttal, and rendering an...
Mr. G.R. McClelland City Attorney City of Largo Post Office Box 296 Largo, Florida 34294-0296 Dear Mr. McClelland: This is in response to your request for an opinion on substantially the following questions: 1. WHETHER s. 163.3187 , F.S., LIMITING THE NUMBER OF TIMES PER YEAR A LOCAL GOVERNMENT MAY AMEND ITS COMPREHENSIVE PLAN APPLIES ONLY TO PLANS OR AMENDED PLANS ADOPTED PURSUANT TO THE 1985 ACT 2. WHETHER THE 1985 ACT PREEMPTS THE SUPERVISORY AUTHORITY OF THE PINELLAS COUNTY PLANNING...
Mr. Lucien C. Proby, Jr. County Attorney Monroe County 500 Whitehead Street Key West, Florida 33040 Dear Mr. Proby: This is in response to your request for an Attorney General's Opinion regarding substantially the following question: IS THE MONROE COUNTY MUNICIPAL SERVICE TAXING DISTRICT, WHICH PROVIDES GARBAGE DISPOSAL SERVICE IN THE UNINCORPORATED PORTIONS OF MONROE COUNTY, AUTHORIZED TO LEVY AN AD VALOREM TAX WHICH, WHEN ADDED TO THE COUNTY'S OTHER AD VALOREM TAX LEVIES, WOULD CREATE A TOTAL...
Mr. Guy M. Tunnell Chief of Police City of Lynn Haven Lynn Haven, Florida 32444 Dear Chief Tunnell: This is in response to your request in your capacity as Police Chief of the City of Lynn Haven for an opinion on substantially the following questions: 1. IS A MUNICIPAL POLICE OFFICER AUTHORIZED TO EXECUTE COURT ORDERS, WRITS, SUBPOENAS, WARRANTS WHICH ARE EXPRESSLY ADDRESSED "TO ALL AND SINGULAR THE SHERIFFS OF THE STATE OF FLORIDA" 2. WHAT IS THE RESPONSIBILITY OF A SHERIFF'S OFFICE FOR A...
Ms. Lucia A. Dougherty City Attorney City of Miami 169 E. Flagler Street Miami, Florida 33131 Dear Ms. Dougherty: This is in response to your request for an opinion on substantially the following question: DOES A MUNICIPAL ORDINANCE WHICH SETS A GOAL FOR PROCUREMENT OF 51% OF PROFESSIONAL SERVICES, INCLUDING ARCHITECTURAL AND ENGINEERING SERVICES, FROM QUALIFIED MINORITY PROFESSIONALS CONFLICT WITH THE CONSULTANTS' COMPETITIVE NEGOTIATION ACT The Consultants' Competitive Negotiation Act, s....
Mr. Wesley R. Poole City Attorney City of Fernandina Beach Post Office Box P Fernandina Beach, Florida 32034 Dear Mr. Poole: This is in response to your request for an opinion on substantially the following question: MAY A MUNICIPALITY ADOPT AN ORDINANCE WHICH WOULD REQUIRE THAT VEHICLES CARRYING LOADS BE EQUIPPED SO AS TO PREVENT THE DROPPING OR SPILLING OF ANY SUBSTANCE ON PUBLIC ROADS AND WHICH WOULD IMPOSE LIABILITY UPON THE OWNER AND DRIVER FOR CLEAN-UP AND REPAIR OF DAMAGES FROM DROPPING...
