Mr. Greg Farmer Secretary of Commerce Collins Building 107 Gaines Street Tallahassee, Florida 32399-2000 Dear Secretary Farmer: You ask whether pursuant to s. 288.063 , F.S., the Department of Commerce may approve a transportation project proposed by a municipality when such project crosses the jurisdictional boundaries of another municipality. In summary, this office has been presented with only limited information regarding the project in question and, therefore, can only generally comment...
Mr. Jack Shreve Office of the Public Counsel c/o The Florida Legislature 111 West Madison Street, Room 812 Tallahassee, Florida 32399-1400 Dear Mr. Shreve: You ask substantially the following question: Does s. 112.3188 (2)(a), F.S., exempt from disclosure a complaint filed with the Office of the Public Counsel under the Whistleblower's Act regarding retaliatory action taken against a public employee who has reported abuse or neglect of duty by a public agency when the Public Counsel has sent a...
Mr. John Lewis Public Safety Director Department of Public Safety One Beach Drive, Southeast Suite 210 St. Petersburg, Florida 33701 Dear Mr. Lewis: On behalf of the City of Sarasota Public Safety Department you ask substantially the following question: Do the provisions of s. 112.533 , F.S., apply to an investigation of a police officer who is the subject of a complaint by someone within the employing agency In sum: Section 112.533 , F.S., would appear to apply to complaints filed with the...
Mr. Thomas Williams Chairman Ocean Highway and Port Authority 11 North 14th Street Box 2, Room 119 Fernandina Beach, Florida 32034 Dear Mr. Williams: You ask substantially the following question: Is the Ocean Highway and Port Authority, created by special act, required to competively bid contracts for independent legal services In sum: The Ocean Highway and Port Authority, created by special act, is not required to competitively bid contracts for independent legal services. The Ocean Highway...
Mr. Fred S. Disselkoen City Attorney City of Ormond Beach Post Office Box 277 Ormond Beach, Florida 32175-0277 Dear Mr. Disselkoen: The City of Ormond Beach has asked substantially the following question: Does s. 721.25 , F.S., preempt the City of Ormond Beach from enforcing a code provision which prohibits time-share use in a residential district In sum: While a city may regulate the nature and use of time-share property by zoning, s. 721.25 , F.S., precludes a city from enforcing a local...
Ms. Barbara Peregoy Director of Operations District Twelve Medical Examiner 1950 Arlington Street, Suite 103 Sarasota, Florida 34239 Dear Ms. Peregoy: You ask substantially the following questions: 1. Do ss. 245.07 and 245.08, F.S., set forth a specific length of time in which a body must be claimed before a county may direct that it be buried 2. Do ss. 245.07 and 245.08, F.S., prohibit the county from releasing the body of a decedent to a relative when closer relatives may exist but have not...
Mr. Robert D. Klausner General Counsel for the Key West Police Officers' and Firefighters' Retirement Plan 6565 Taft Street, Suite 200 Hollywood, Florida 33024 Dear Mr. Klausner: On behalf of the Key West Police Officers' and Firefighters' Retirement Plan, you ask substantially the following question: May the trustees of a municipal firefighters' and police officers' retirement fund established pursuant to Chs. 175 and 185, F.S., establish their own system for reimbursement of expenses incurred...
Mr. William H. Lindner Secretary Department of Management Services 2737 Centerview Drive, Knight Building Tallahassee, Florida 32399-0950 Dear Secretary Lindner: As Chairman of the Correctional Privatization Commission, you have asked for my opinion on substantially the following question: Does s. 40, Ch. 93-406, Laws of Florida, enacted as s. 957.03(3)(e), F.S., prohibit the Correctional Privatization Commission from contracting with the Florida Center for Public Management for the services of...
Mr. Cesar H. Odio City Manager, City of Miami Post Office Box 330708 Miami, Florida 33233-0708 Dear Mr. Odio: You ask on behalf of the City of Miami substantially the following question: May the special law enforcement trust fund, established under the Florida Contraband Forfeiture Act, be used to pay current city police officers overtime to work on a new task force directed to preventing crime involving tourists and drug trafficking In sum, Special law enforcement trust funds, which have been...
Mr. Harry K. Singletary Secretary Florida Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 Dear Mr. Singletary: The Florida Department of Law Enforcement joins with you in requesting an opinion on substantially the following question: Must the Department of Corrections register with the Florida Department of Law Enforcement an offender who meets the registration criteria of s. 2(2), Ch. 93-277, Laws of Florida, but for whom no written finding of "sexual predator"...
The Honorable Bolley "Bo" Johnson Speaker, Florida House of Representatives 420 The Capitol Tallahassee, Florida 32399-1300 Dear Mr. Speaker: You have asked two questions regarding the eligibility of an individual to serve on the board of directors of a community health purchasing alliance in light of s. 408.705(4), F.S. This opinion is expressly limited to a consideration of the statutory requirements of s. 408.705(4), F.S., and does not express any opinion regarding the jurisdiction of the...
Chief I.W. Heathcote City of Belleair Beach 444 Causeway Boulevard Belleair Beach, Florida 34635 Dear Chief Heathcote: You have asked for my opinion on substantially the following question: How should motorized scooters be characterized under Ch. 316 , F.S., for purposes of traffic and safety regulation In sum: A motorized scooter powered by a gasoline engine with a maximum speed of 20 miles per hour may be characterized as a "motor vehicle" pursuant to s. 316.003 (21), F.S., and the drivers...
Mr. Wayne G. Weeks Clay County Property Appraiser Post Office Box 38 Green Cove Springs, Florida 32043-0038 Dear Mr. Weeks: You ask substantially the following question: Is real property owned by a private business upon which it operates a school offering commercial truck driving courses under a valid license from the State Board of Independent Postsecondary Vocational, Technical, Trade and Business Schools entitled to an exemption from ad valorem taxation pursuant to s. 196.198 , F.S. In sum:...
Ms. Gretchen R.H. Vose City Attorney City of Longwood 2705 West Fairbanks Avenue Winter Park, Florida 32789 Dear Ms. Vose: You ask on behalf of the City of Longwood substantially the following question: May a municipality waive the payment of past due public service taxes to compromise and settle the amount owed In sum: Absent statutory authority, a municipality may not waive past due public service taxes in order to compromise and settle the amount owed. The statute of limitations, however,...
Mr. Richard V. Neill, Jr. City Attorney Town of St. Lucie Village Post Office Box 1270 Fort Pierce, Florida 34954 Dear Mr. Neill: You have asked for my opinion on the following question: Is the Town of St. Lucie Village authorized to impose an occupational license tax or other equivalent regulatory fee on registered contractors in light of the provisions of s. 205.065 , F.S. (1992 Supp.) In sum: Registered contractors are "regulated" within the scope of s. 205.065 , F.S. (1992 Supp.). A...
Mr. Bruce P. Taylor School Board Attorney Pinellas County Post Office Box 2942 Largo, Florida 34649-2942 Dear Mr. Taylor: You have asked for my opinion on the following question: What proceedings involving student expulsion conducted by the School Board of Pinellas County are made exempt from s. 286.011 , F.S., by s. 230.23(6)(c), F.S. (1992 Supp.) In sum: Those proceedings conducted pursuant to s. 230.23(6)(c), F.S. (1992 Supp.), by the district school board or its proper designee in which...
Mr. Bruce R. Conroy City Attorney City of Cape Coral Post Office Box 150027 Cape Coral, Florida 33915-0027 Dear Mr. Conroy: You ask substantially the following question: Are the police arrest reports of persons charged with criminal child abuse subject to the confidentiality provisions of ss. 415.107 and 415.51, F.S. (1992 Supp.) In sum: In light of certain statutory provisions discussed below and in accordance with the mandate that exemptions from Ch. 119 , F.S., be strictly construed, I am...
Mr. Kevin P. Markey Assistant City Attorney City of Cape Canaveral 775 East Merritt Island Causeway Merritt Island, Florida 32952 Dear Mr. Markey: You have asked for my opinion on substantially the following question: Is the City Council of the City of Cape Canaveral authorized to amend by ordinance, rather than by referendum, provisions of its city charter relating to the terms of elected officers and the manner of their election in order to remove masculine terminology for councilmembers and...
The Honorable Robert E. Minsky Mayor, City of Port St. Lucie 121 Southwest Port St. Lucie Boulevard Port St. Lucie, Florida 34984-5099 Dear Mayor Minsky: You ask substantially the following question: Does the Government in the Sunshine Law apply to a briefing session between a retiring mayor and the mayor-elect to discuss matters before the city council In sum, I am of the opinion that: The Government in the Sunshine Law does not apply to a briefing session between a retiring mayor and the...
Mr. Joseph R. North Chairperson Judicial Nominating Commission Twentieth Judicial Circuit Post Office Box 280 Fort Myers, Florida 33902-0280 Dear Mr. North: On November 4, 1993, you asked, on behalf of the Twentieth Judicial Circuit Nominating Commission, substantially the following question: If there are two or more circuit court vacancies within the Twentieth Judicial Circuit and the Judicial Nominating Commission is obligated to nominate not fewer than three persons for each vacancy, is the...
