Mr. Thomas H. Bateman, III General Counsel Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0450 Dear Mr. Bateman: You have asked substantially the following question: May the Department of Transportation contract with private attorneys for collection of unsatisfied judgments and pay such attorneys a portion of the collected amounts as their fees In sum, I am of the following opinion: Absent specific statutory authority, an administrative agency, such as the...
The Honorable Jim Ford Property Appraiser Brevard County Post Office Drawer `O' Titusville, Florida 32781-0429 Dear Mr. Ford: You ask substantially the following question: Does the use of an official vehicle by a county officer for personal purposes not incidental to official business constitute compensation limited by Ch. 145 , F.S., or misuse of public position prohibited by s. 112.313 (6), F.S. In sum, it is my opinion: To the extent an official vehicle is used by a county officer for...
Mr. Steven Bloom Mr. F. Keith Dubin Attorneys for Palm Beach Gardens Police Officers' Retirement Trust Fund 471 Spencer Drive West Palm Beach, Florida 33409 Dear Gentlemen: You ask on behalf of the Palm Beach Gardens Police Officers' Retirement Trust Fund substantially the following questions: 1. Is the Palm Beach Gardens Police Officers' Retirement Trust Fund subject to s. 185.15, F.S. 2. If so, does s. 185.15, F.S., preclude police officers who withdraw from the fund, but who are still...
Mr. Neal D. Bowen County Attorney Osceola County 17 South Vernon Street Kissimmee, Florida 32741 Dear Mr. Bowen: You ask the following question: With regard to municipal service taxing units established pursuant to s. 125.01 (1)(q)1., F.S., does the additional ten mill cap provided for by s. 200.071 (3), F.S., apply to each municipal service taxing unit encompassing the same or portions of the same area or must all the millage levied for all such taxing units not exceed the ten mills in the...
The Honorable Jane Carroll Supervisor of Elections Broward County Broward Governmental Center Fort Lauderdale, Florida 33301 Dear Ms. Carroll: You ask substantially the following question: Does a sign which has the American flag on it satisfy s. 256.011 , F.S., which requires each board of county commissioners to provide a flag of the United States for each polling place in the county In sum, I am of the opinion: In the absence of legislative or judicial clarification, the use of a sign...
Ms. Annette Star Lustgarten City Attorney City of Miramar Post Office Box 3838 Miramar, Florida 33083 Dear Ms. Lustgarten: You ask on behalf of the Mayor and the City Commission of the City of Miramar substantially the following question: Does the establishment of an annuity by the city commission for a retired city employee who is currently receiving pension benefits from the existing city pension plan violate s. 215.425 , F.S. In sum, I am of the opinion that: The establishment of an annuity...
Mr. Gregory L. Coler Secretary Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Dear Secretary Coler: You have asked substantially the following question: Does the Adult Protective Services Act, ss. 415.101 - 415.113 , F.S., require that alleged abuse, neglect or exploitation of aged persons and disabled adults be investigated when the alleged perpetrator of the abuse, neglect or exploitation is someone other than the victim's caregiver...
The Honorable Lennard B. Register, III State Attorney Eighth Judicial Circuit Post Office Box 1437 Gainesville, Florida 32602 Dear Mr. Register: You have asked for my opinion on substantially the following question: Can notice of a county commission's intent to consider an ordinance which omits one or more of the requirements prescribed by s. 125.66 (2)(a), F.S., as amended by Ch. 89-267, Laws of Florida, and s. 286.0105 , F.S. (1988 Supp.), relating to public notice of meetings, be cured by...
Mr. William G. Law, Jr. Attorney for City of Groveland Post Office Box 57 Groveland, Florida 32736 Dear Mr. Law: You have asked the following question: Is the City of Groveland authorized to impose a utility tax of 10 percent on the first $500 per month for residential users, 10 percent on the first $1,000 for commercial users, and 10 percent on the first $5,000 for industrial or manufacturing users In sum: The City of Groveland is not authorized to establish a cap which would exempt from...
Mr. Isadore F. Rommes, Jr. Attorney for City of Perry and District School Board of Taylor County 115 West Bay Street Perry, Florida 32347 Dear Mr. Rommes: You have asked substantially the following question on behalf of the City of Perry and the Taylor County District School Board: Is the district school board subject to the municipality's comprehensive plan adopted pursuant to s. 163.3161 , F.S., et seq., when developing land situated within the municipality In sum, I am of the opinion that:...
The Honorable Richard Ake Clerk of the Circuit Court Hillsborough County Post Office Box 1110 Tampa, Florida 33601 Dear Mr. Ake: You ask substantially the following question: May the clerk of the circuit court return funds deposited by a condominium developer pursuant to s. 718.105 , F.S., if the developer fails to file a certificate indicating that a final survey of the completed project has been made as required by s. 718.104 (4)(e), F.S. In sum, I am of the following opinion: The clerk of...
Chief Steven O. Walters Melbourne Beach Police Department 507 Ocean Avenue Melbourne Beach, Florida 32951 Dear Chief Walters: You have asked substantially the following question: Does s. 112.532 , F.S., preclude commencement of an interrogation of a law enforcement officer if the officer has requested counsel and counsel is not present In sum, I am of the following opinion: If a law enforcement officer requests representation by counsel, s. 112.532 (1)(i), F.S., requires that the officer's...
Ms. Melissa Volker Assistant City Attorney City of Hialeah Post Office Box 11-0040 Hialeah, Florida 33011-0040 Dear Ms. Volker: You ask on behalf of the Hialeah City Council substantially the following question: Does s. 715.07 , F.S. (1988 Supp.), which authorizes municipalities to regulate rates when towing vehicles parked on private property without the permission of the property owner, also permit municipalities to regulate the costs of: a) opening the motor vehicle, removal of linkage on...
The Honorable Ann Robinson Supervisor of Elections Indian River County 1840 25th Street, Suite N-109 Vero Beach, Florida 32960-3394 Dear Ms. Robinson: As Supervisor of Elections for Indian River County, you have asked my opinion on the following questions: 1. Should the names of voters who are permanently exempt from jury duty be included when the supervisor of elections furnishes names to the clerk of court for jury purposes 2. Should the supervisor of elections furnish the names of voters...
Mr. Charles Ian Nash City Attorney City of Sebastian 930 So. Harbor City Boulevard Suite 505 Melbourne, Florida 32901 Dear Mr. Nash: You ask on behalf of the city council and city clerk of the City of Sebastian substantially the following question: Is a city council member entitled to be reimbursed by the municipality for reasonable attorney fees incurred by the council member in successfully challenging a petition for recall pursuant to s. 100.361 , F.S., or for obtaining declaratory relief,...
Mr. C. Dalton Bray Chief of Police Orange Park Police Department 331 Stowe Avenue Orange Park, Florida 32073 Attention: Lieutenant James H. Boivin Dear Chief Bray: You ask substantially the following questions: (1) Is a certified police officer a "public official" for purposes of the constitutional prohibition against dual officeholding in the absence of a requirement that police officers file financial disclosure forms as required of other public officials (2) May a person in an...
Mr. Daniel S. McIntyre County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Dear Mr. McIntyre: On behalf of the Board of County Commissioners of St. Lucie County, you have asked substantially the following question: Is the St. Lucie County-Fort Pierce Fire District an independent special district as defined in s. 200.001 (8)(e), F.S., and s. 200.001 (8)(e), F.S., as amended by s. 57, Ch. 89-169, Laws of Florida, so that the ad valorem millage levied by the...
Mr. William M. Powell City Attorney City of Cape Coral Post Office Box 150027 Cape Coral, Florida 33915-0027 Dear Mr. Powell: On behalf of the City Council of Cape Coral you have requested my opinion on substantially the following question: Pursuant to s. 166.031 (2), F.S., is an amendment to a municipal charter effective upon filing the revised charter with the Department of State or as may be provided in the municipal charter or amendment itself In sum: Section 166.031 (2), F.S., does not...
The Honorable Elaine Bloom Representative District 104 Suite 384, 420 Lincoln Road Miami Beach, Florida 33139 Dear Representative Bloom: You have asked substantially the following question: Is the Legislature authorized to amend Ch. 23414, 1945, Laws of Florida, a special act relating to disability and retirement pensions for the members of the police and fire departments of the City of Miami Beach, which was enacted prior to adoption of the Dade County Home Rule Charter In sum: Following...
Mr. James H. Hicks Attorney for Palm Beach County Sheriff's Office 1645 Palm Beach Lakes Boulevard Florida National Bank Tower, Suite 490 West Palm Beach, Florida 33401 Dear Mr. Hicks: You ask on behalf of the Palm Beach County Sheriff's Office substantially the following question: When personal property (except firearms) which is either allegedly stolen or narcotics-related is seized by the sheriff during the search of a premises and no persons present thereon are arrested, what disposition...
