Mr. Harry K. Singletary, Jr. Secretary Florida Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 Dear Secretary Singletary: You have asked for my opinion on substantially the following question: Is the Department of Corrections authorized to count as part of the 85 percent of sentence imposed under section 944.275 (4)(c)2., Florida Statutes, as amended by Chapter 95-294, Laws of Florida, credit authorized by the sentencing court under section 921.161 , Florida...
Mr. Douglas R. Murdock, Chairman Florida Board of Building Codes Standards Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Dear Mr. Murdock: You have asked for my opinion on substantially the following question: Does Dade County or any other charter county have the authority to deviate from the State Minimum Building Codes prescribed in section 553.73 , Florida Statutes, by adopting regulations that are less stringent or equal to those set forth in the...
Ms. Phyllis O. Douglas Dade County School Board Attorney Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132 Dear Ms. Douglas: You ask substantially the following question: May a district school board, pursuant to section 112.0801 , Florida Statutes, pay the cost of health and hospitalization insurance for a retired school board member and his or her eligible dependents In sum: Section 112.0801 , Florida Statutes, authorizes, but does not require, a district school...
Mr. Kevin K. Dixon Crystal River City Attorney Post Office Box 250 Inverness, Florida 34451-0250 Dear Mr. Dixon: You ask substantially the following question: Do the provisions of section 125.35 , Florida Statutes, govern the disposition of surplus municipal property and, if not, what procedures exist In sum: The provisions of section 125.35 , Florida Statutes, apply to the disposition of county property, not municipal property. In the absence of a charter provision or ordinance prescribing...
Ms. Jacqueline Williams Hubbard Fort Myers City Attorney Post Office Drawer 2217 Fort Myers, Florida 33902-2217 Dear Ms. Hubbard: You have asked for my opinion on substantially the following question: Does a contract for consultation work and the actual construction work that may be undertaken as a result of the consultation work constitute a "continuing contract" as defined in section 287.055 (2)(g), Florida Statutes, so that the work may be done by one engineering firm without the necessity...
Mr. Richard T. Farrell Secretary, Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0750 Dear Mr. Farrell: You ask substantially the following question: Can a licensed real estate broker or salesperson be absolved of a legal responsibility or professional duty by language contained in a sales agreement between a seller and a buyer of real estate In sum: A licensed real estate broker or salesperson cannot be relieved of a professional duty or...
Mr. Richard E. Doran General Counsel Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Dear Mr. Doran: You ask substantially the following question: Does section 287.042 (17), Florida Statutes, apply to the contract between the Department of Health and Rehabilitative Services and the designated financial agent of the United States Treasury Department for electronic benefit transfer services In sum: Section 287.042 (17), Florida Statutes,...
Mr. Charles E. Blazek City Clerk of Hialeah Gardens 10001 Northwest 87th Avenue Hialeah Gardens, Florida 33016 Dear Mr. Blazek: You ask substantially the following question: May you, as City Clerk for the City of Hialeah Gardens, simultaneously serve as a state representative without violating the dual office holding prohibition contained in Article II , section 5 (a), Florida Constitution In sum: Since the city clerk serves as the city's supervisor of elections and is responsible for all...
Mr. David G. Conn Attorney for Clerk of the Circuit Court St. Johns County 3501 R North Ponce de Leon Boulevard St. Augustine, Florida 32084 Dear Mr. Conn: As attorney for the Honorable Carl "Bud" Markel, Clerk of Circuit Court for St. Johns County, you have asked for my opinion on the following question: May the clerk of the circuit court be appointed to a charter commission established under section 125.61 , Florida Statutes, without violating the dual officeholding prohibition contained in...
V. Ted Brabham, Jr., Chair Fifteenth Judicial Circuit Nominating Commission 322 Banyan Boulevard West Palm Beach, Florida 33401 Dear Mr. Brabham: On behalf of the Fifteenth Judicial Circuit Nominating Commission you ask substantially the following questions: (1) Does a judicial nominating commission have the authority to withdraw names certified to the Governor as nominees for a judicial vacancy on the circuit court (2) May the names on separate lists certified by a judicial nominating...
Ms. Cecelia Bonifay Lake County School Board Attorney Post Office Box 39 Tavares, Florida 32778 Dear Ms. Bonifay: You ask the following question: Does section 232.425, Florida Statutes, authorize both private school students and home education students to participate in extracurricular activities within the public school system or does the statute only authorize home education students to participate in such interscholastic extracurricular activities conducted by the public school system In...
The Honorable Robert L. Crowder Sheriff, Martin County 800 Southeast Monterey Road Stuart, Florida 34994-4599 Dear Sheriff Crowder: You ask substantially the following questions: 1. If the sheriff's office receives a written request from a victim of a crime enumerated in section 119.07 (3)(s), Florida Statutes, does the exemption from disclosure afforded by that section apply to records created prior to receipt of the victim's request 2. Does the exemption from disclosure provided by section...
Mr. Nevin J. Zimmerman Bay County Attorney Post Office Box 70 Panama City, Florida 32402 Dear Mr. Zimmerman: On behalf of the Board of County Commissioners of Bay County you have asked substantially the following question: 1. Is the Board of County Commissioners of Bay County authorized by section 125.0104 , Florida Statutes, to create a separate tax district for the benefit of a second subcounty district or amend the boundaries of the existing subcounty district 2. Assuming Question One is...
Chief Carl E. Newland Titusville Police Department 1819 Cheney Highway Titusville, Florida 32780-6021 Dear Chief Newland: You have asked substantially the following question: Does section 112.533 (3), Florida Statutes, prohibit a chief of police from discussing issues involving an active internal investigation with members of his supervisory staff In sum: Section 112.533 (3), Florida Statutes, does not preclude a chief of police from discussing information obtained from an active internal...
The Honorable John J. McDougall Sheriff, Lee County 14750 Six Mile Cypress Parkway Fort Myers, Florida 33912-4406 Dear Sheriff McDougall: You ask the following question: Does section 23.1225 (3), Florida Statutes, require the Sheriff to have authorization from the Board of County Commissioners in order to sign a mutual aid agreement In sum: Section 23.1225 (3), Florida Statutes, does not require a sheriff to have authorization from the Board of County Commissioners in order to sign a mutual...
Mr. Fassil Gabremariam Chairman, Tampa Port Authority Post Office Box 2192 Tampa, Florida 33601-2192 Dear Chairman Gabremariam: You ask substantially the following question: Does section 253.12 (9), Florida Statutes, divest the Tampa Port Authority of its right, title, and interest in tidally influenced islands bordering on or being on sovereignty land within Hillsborough County, which lands and islands have been permanently extended, filled, added to existing lands, or created before July 1,...
The Honorable David I. Bitner Representative, District 71 2811 Tamiami Trial Suite S Port Charlotte, Florida 33952 Dear Representative Bitner: You ask substantially the following question: In light of the renaming of "second-class" mail as "periodicals" mail by the United States Postal Service, effective July 1, 1996, does eligibility for the "periodicals" postal category satisfy the requirement in sections 50.011 and 50.031 , Florida Statutes, that legal notices and process be published in a...
Mr. Fred Taylor Chairman Blue Lightning Strike Force 3101 Commerce Parkway Miramar, Florida 33025 Dear Mr. Taylor: You ask substantially the following questions: 1. Does a municipal police officer, who is outside of his or her territorial jurisdiction but is operating as a specially appointed United States Customs Officer as part of the Blue Lightning Task Force, have the authority to enforce state law or local ordinances if the officer observes a violation of state law or local ordinance but...
Ms. Jerri A. Blair Wildwood City Attorney Post Office Box 130 Tavares, Florida 32778 Dear Ms. Blair: On behalf of the City of Wildwood you ask substantially the following question: Does section 250.48 , Florida Statutes, require a municipality to pay the salaries of employees who are members of the Florida National Guard while engaged in active state duty on a voluntary basis In sum: Section 250.48 , Florida Statutes, requires a municipality to pay the salary of employees for all days, not to...
Mr. Steven A. Schultz, Attorney Dade County Value Adjustment Board First Union Financial Center, Suite 3150 200 South Biscayne Boulevard Miami, Florida 33131-2311 Dear Mr. Schultz: On behalf of the Dade County Value Adjustment Board, you have asked substantially the following question: May a civil traffic infraction hearing officer serve simultaneously as a special master of a county value adjustment board without violating the dual officeholding prohibition in Article II , section 5 (a),...
