Ms. Lillie Mae Greene Deputy Clerk Taylor County 208 Third Street Perry, Florida 32347 Dear Ms. Greene: You ask substantially the following question: May a deputy clerk of the circuit court simultaneously serve as a county commissioner without violating the dual officeholding prohibition in s. 5(a), Art. II, State Const. In sum, I am of the opinion that: Where the deputy clerk of the circuit court is not authorized to exercise the clerk's powers in his absence and serves only as an employee of...
The Honorable Enid D. Earle Supervisor of Elections Post Office Drawer 2545 Fort Myers, Florida 33902 Dear. Mrs. Earle: You have asked my opinion on the following questions: 1. When a constitutional officer has submitted a letter to the Governor resigning the office prior to the end of the term for which he or she was elected, can that resignation be rescinded at any time before the effective date of the resignation 2. Does the Governor have the option to accept or refuse the letter rescinding...
Mr. Daniel S. McIntyre County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Dear Mr. McIntyre: You ask substantially the following question: May a county commissioner whose district's lines are redrawn so that the commissioner's residence is outside the district from which he was elected change residence prior to the expiration of his or her current term to a location within the newly drawn district, but outside the boundaries of the original district, without...
Mr. Randy Ludacer County Attorney Monroe County 310 Fleming Street, Room 29 Key West, Florida 33040 Dear Mr. Ludacer: You ask substantially the following question: May a noncharter county expend county funds for lobbying purposes In sum, I am of the opinion that: Upon making the appropriate findings that an expenditure of county funds for lobbying serves a county purpose and is in the public interest, the board of county commissioners may expend county funds for lobbying. You inquire whether a...
Ms. Adis M. Vila Secretary Department of Administration 435 Carlton Building Tallahassee, Florida 32399-1550 Dear Secretary Vila: You ask the following question: Does veterans' preference require the employment of a preference eligible person as defined in s. 295.07 , F.S., when an examination is not used and the preference eligible person, although possessing the minimum qualifications necessary for the discharge of the duties involved, is not the best qualified applicant In sum: Veterans'...
Mr. Frank T. Gaylord City Attorney City of Eustis Post Office Drawer 68 Eustis, Florida 32727-0068 Dear Mr. Gaylord: You have asked substantially the following question: Does a municipality have the authority to impose a two-year residency requirement as a prerequisite to holding the office of city commissioner 1 In summary: A city may impose a durational residency requirement upon a candidate for election to the office of city commissioner, if there is a rational basis for the requirement. 2...
The Honorable Stephen L. Boyles State Attorney Post Office Box 1346 Palatka, Florida 32078 Attention: Mr. Alexander R. Christine, Jr. Deputy State Attorney Dear Mr. Boyles: You have asked substantially the following question: Is the Putnam County Correctional Planning Committee subject to the Government-in-the-Sunshine Law, s. 286.011 , F.S., such that its meetings must be publically announced and open to the public and minutes thereof recorded In summary, I am of the opinion: The Putnam...
Ms. Noreen S. Dreyer County Attorney Martin County 2401 Southeast Monterey Road Stuart, Florida 34996 Dear Ms. Dreyer: You have asked substantially the following: Do the provisions of s. 116.111, F.S., Florida's Antinepotism Law, apply to the appointment of an individual to an unpaid position on an advisory board In sum, it is my opinion: The provisions of s. 116.111, F.S., operate to prohibit the appointment of a relative to a position on an advisory board, regardless of whether the position...
The Honorable Janet Reno State Attorney Metropolitan Dade County Justice Building 1351 Northwest 12th Street Miami, Florida 33125 Dear Ms. Reno: You have asked substantially the following questions: (1) Are videotapes produced by the state attorney's office of training sessions conducted for the benefit of the staff of that office public records subject to disclosure (2) If so, what fees may be charged for viewing and/or copying In sum, I am of the opinion that: (1) Videotapes produced by the...
The Honorable H. Darcy Bone Mayor City of Maitland Post Office Box 66 Maitland, Florida 32751 Dear Mayor Bone: You ask substantially the following question: May the City of Maitland require boating licenses and impose license fees for vessels operating on the waterways within the limits of the city In sum, I am of the opinion that: The City of Maitland may not require boating licenses and impose fees therefor on all vessels operating within the limits of the city. According to information...
The Honorable L.J. "Lu" Hindery Sheriff of Alachua County Post Office Box 1210 Gainesville, Florida 32602 Dear Sheriff Hindery: You ask substantially the following questions: 1. Whether the provisions of Part VI, Ch. 468 , F.S., require a licensed auctioneer to conduct a sheriff's sale at auction of the following: surplus property pursuant to s. 274.06 , F.S.; lost or abandoned property under s. 705.103 , F.S.; unclaimed evidence under s. 705.105 , F.S.; or forfeited property pursuant to s. 932....
The Honorable Curtis A. Golden State Attorney First Judicial Circuit of Florida Post Office Box 12726 Pensacola, Florida 32575 Attention: Mr. William P. White, Jr. Assistant State Attorney Dear Mr. Golden: You have asked my opinion of the following question: May a vendor of real or personal property who is not a "retailer" of lottery tickets as defined in s. 24.103 (6), F.S., advertise and give lottery tickets to purchasers of real or personal property in connection with cash or credit sales...
The Honorable Janet Reno State Attorney Eleventh Judicial Circuit QUESTION: Is a state attorney investigator employed pursuant to s. 27.255 , F.S., authorized by s. 901.15 (11), F.S., as amended by s. 4, Ch. 88-373, and s. 53, Ch. 88-381, Laws of Florida, to make warrantless arrests statewide as prescribed by the statute SUMMARY: A state attorney investigator is authorized by s. 901.15 (11), F.S., as amended supra , to make warrantless arrests on a statewide basis as provided in the statute....
Mr. Newall J. Daughtrey Chairman Small Minority Business Advisory Council Florida Department of Commerce 107 West Gaines Street, Room 503 Tallahassee, Florida 32399-2000 Dear Mr. Daughtrey: You have asked substantially the following question: Which state agency, commission, bureau or office may exempt itself from the provisions of ss. 57.111 or 120.54 (2), F.S. In sum, I am of the following opinion: In the absence of a statutory provision exempting an agency from the operation of ss. 57.111 or...
Mr. Mark H. Scruby County Attorney Clay County Post Office Box 1366 Green Cove Springs, Florida 32043 Dear Mr. Scruby: You ask substantially the following question: May a county enter into a design-build contract with a corporation which would design, obtain permits for, construct and operate a solid waste disposal facility without complying with the provisions of s. 287.055 , F.S., the Consultants' Competitive Negotiation Act. In sum, I am of the following opinion: A county may not enter into...
Dr. James D. Sewell Chief of Police City of Gulfport 2401-53rd Street South Gulfport, Florida 33707 Dear Chief Sewell: This is in response to your request for an Attorney General Opinion on substantially the following question: Whether the City of Gulfport Police Department is authorized by the Florida Contraband Forfeiture Act to seek forfeiture of a motor vehicle when the driver of such motor vehicle is arrested and charged with a felony count of driving under the influence pursuant to s. 316....
Mr. Tom Gardner Executive Director Department of Natural Resources Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399 Dear Mr. Gardner: You have asked the following question on behalf of the Board of Trustees of the Internal Improvement Trust Fund: Does the Board of Trustees of the Internal Improvement Trust Fund have the authority to promulgate rules establishing a method by which the ordinary high water line shall be determined In sum, I am of the...
Mr. Randy Ludacer County Attorney Monroe County 310 Fleming Street, Room 29 Key West, Florida 33040 Dear Mr. Ludacer: You have asked substantially the following question: May Monroe County use tourist development tax funds pursuant to s. 125.0104 (5)(a)4., F.S., to acquire real property to provide beach access for the public In sum: Monroe County is not authorized by the provisions of s. 125.0104 (5)(a)4., F.S., to use tourist development tax revenues to acquire real property for public beach...
Mr. Lawrence A. Gonzalez Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Dear Secretary Gonzalez: You ask the following question: Once a final order is rendered by the Florida Real Estate Commission and the thirty days in which to file an appeal has passed, does the commission, at the request of any party, have the authority to alter, modify, vacate, set aside, or otherwise reconsider, the disciplinary penalty previously imposed In sum, I...
The Honorable Curtis A. Golden State Attorney First Judicial Circuit of Florida Post Office Box 12726 Pensacola, Florida 32575 Attention: Mr. William P. White, Jr. Assistant State Attorney Dear Mr. Golden: You have asked my opinion of the following questions: 1. May local chapters of national or regional organizations be formed and then conduct bingo operations prior to the expiration of three years from the date of their local existence as required by s. 849.093, F.S. 2. May an organization...
