Mr. John J. Copelan, Jr. Broward County Attorney 115 South Andrews Avenue, Suite 423 Fort Lauderdale, Florida 33301 Dear Mr. Copelan: You ask substantially the following question: May the Broward County Board of County Commissioners include a purchase option in a lease agreement for real property located in the port jurisdictional area set forth in Chapter 94-429, Laws of Florida, without complying with the competitive bid requirements of section 125.35 , Florida Statutes In sum: While the...
Chief William C. Watford Cottondale Police Department Post Office Box 398 Cottondale, Florida 32431 Dear Chief Watford: You ask substantially the following question: May the civil penalty imposed for traffic violations that is disbursed to the city pursuant to section 318.21 , Florida Statutes, to fund local law enforcement automation be used to purchase law enforcement automobiles In sum: The civil penalty imposed for traffic violations that is disbursed to the city pursuant to section 318.21...
Ms. Cynthia Prettyman Palm Beach County School District General Counsel 3318 Forest Hill Boulevard West Palm Beach, Florida 33406-5813 Dear Ms. Prettyman: On behalf of the Palm Beach County School Board, you ask substantially the following questions: 1. Are the written comments and performance memoranda of the individual school board members evaluating an appointed superintendent and the summation evaluation prepared by the board confidential pursuant to section 231.291, Florida Statutes (1996...
The Honorable E.D. "Bud" Dixon Clerk of Courts, Tenth Judicial Circuit Drawer Number CC-1, Post Office Box 9000 Bartow, Florida 33830-9000 Dear Mr. Dixon: You ask substantially the following question: Are the court records of a juvenile who has been charged as an adult but receives juvenile sanctions public records that may be released In sum: While section 39.045, Florida Statutes, generally provides that official records on juveniles maintained by the clerk of the court are not open to...
The Honorable John Dean Moxley, Jr. Chief Judge, Eighteenth Judicial Circuit 506 South Palm Avenue Titusville, Florida 32796 Dear Judge Moxley: You have asked for my opinion on substantially the following questions: 1. Does section 939.17 , Florida Statutes, apply only to bonds deposited as the result of a judgment against a defendant (which includes fines and costs) or may it also apply to bonds that are deposited solely for the purpose of gaining pretrial release 2. Does section 939.17 ,...
The Honorable Betty Strifler Citrus County Clerk of the Circuit Court 110 North Apopka Avenue, Room 101 Inverness, Florida 34450-4299 Dear Ms. Strifler: You ask substantially the following question: May the tourist development tax authorized by section 125.0104 , Florida Statutes, 1 or the convention development tax authorized by section 212.0305 , Florida Statutes, 2 be imposed on the overnight use of a space in a recreational vehicle park In sum: The tourist development tax authorized by...
Mr. Harold Bazzel Bay County Clerk of Court 300 East Fourth Street Panama City, Florida 32401 Dear Mr. Bazzel: You have asked for my opinion on substantially the following question: May the clerk of court collect court costs authorized in section 39.019, Florida Statutes (1996 Supplement), for teen court In sum: Until October 1, 1996, the clerk of court was authorized by section 39.019, Florida Statutes (1996 Supplement), to collect court costs for teen court. However, after that date, section...
Chief James P. Kelly President, Palm Beach County Association of Chiefs of Police, Inc. 3330 Forest Hill Boulevard, Suite B-121 West Palm Beach, Florida 33406-5869 Dear Chief Kelly: You state that you and the several municipal chiefs of police in Palm Beach County are considering entering into a mutual aid agreement. On behalf of the chiefs of police, you ask the following question: May municipal law enforcement agencies enter into a mutual aid agreement providing that if a municipal police...
Ms. Pamela S. Terranova Attorney for the Greenacres Code Enforcement Board 5985 Tenth Avenue North Greenacres, Florida 33463-2399 Code enforcement board, fines for noncompliance Dear Ms. Terranova: You ask substantially the following question: May a municipal code enforcement board, at its hearing to determine non-compliance, establish a specified deadline for compliance and the exact amount of the fine to be automatically imposed if compliance is not attained by the specified date In sum:...
Mr. Donald J. Banks Springfield City Attorney Post Office Drawer 430 Panama City, Florida 32402 Dear Mr. Banks: You ask substantially the following question: Does the City of Springfield's designation of one of its police officers to also serve as a code enforcement officer authorize the officer to carry firearms and make arrests as a code enforcement officer In sum: A municipal police officer who has also been designated as the city's code enforcement officer is not prohibited from carrying...
The Honorable Martha O. Haynie Orange County Comptroller Post Office Box 38 Orlando, Florida 32800 Dear Ms. Haynie: You ask substantially the following question: Does the confidentiality requirement of section 119.07 (3)(i)1., Florida Statutes, apply to the Official Records identified in section 28.222 , Florida Statutes In sum: The Official Records are public records that are subject to the confidentiality provisions in section 119.07 (3)(i)1., Florida Statutes, when confidentiality is...
Chief Mitchell T. Pollock Mexico Beach Police Department Post Office Box 13425 Mexico Beach, Florida 32410 Dear Chief Pollock: You ask substantially the following question: Is the chief of police required by section 166.049 , Florida Statutes, to schedule at least two law enforcement officers to be on duty at all times In sum: The chief of police is not required by section 166.049 , Florida Statutes, to have two law enforcement officers on duty at all times if the chief establishes a means for...
Mr. Kenza van Assenderp General Counsel, Florida Tax Collectors Association Post Office Box 1833 Tallahassee, Florida 32302-1833 Dear Mr. van Assenderp: Several tax collectors have asked you to request, on their behalf, the opinion of this office on substantially the following questions: 1. Is the budget of a county tax collector serving as a fee officer subject to the approval of the Department of Revenue, the board of county commissioners, or both 2. May a tax collector serving as a fee...
Mr. Dennis Manelli Counsel for Tampa Port Authority Post Office Box 2192 Tampa, Florida 33601-2192 Dear Mr. Manelli: On behalf of your client, the Tampa Port Authority, you have asked for my opinion on substantially the following question: Is the Tampa Port Authority authorized to use the procedures set forth in section 255.20 , Florida Statutes, to satisfy the competitive bidding requirements set forth in its enabling legislation, Chapter 95-488, Laws of Florida In sum: The Tampa Port...
Mr. Clayton J.M. Adkinson DeFuniak Springs City Attorney Post Office Box 1207 DeFuniak Springs, Florida 32435 Dear Mr. Adkinson: You ask substantially the following question: Does the lease of a portion of the city's airport property for the purpose of construction of a hanger by a private individual for storage of his aircraft constitute a violation of Article VII , section 10 , Florida Constitution In sum: The lease of a portion of the city's airport property for the purpose of construction...
Mr. Gordon B. Linn Pompano Beach City Attorney Post Office Box 2083 Pompano Beach, Florida 33061 Dear Mr. Linn: You ask substantially the following question: May a city require a utility company to collect a past-due utility tax that the company failed to collect due to its use of a lower tax rate than the one provided for by city ordinance In sum: A city may require the collection of lawfully imposed utility taxes that a private business fails to collect due to its use of a lower tax rate...
The Honorable Lawrence W. Crow, Jr. Sheriff, Polk County 455 North Broadway Bartow, Florida 33830 Dear Sheriff Crow: You have asked for my opinion on substantially the following questions: 1. Are nonprofit organizations that have a valid State of Florida alcoholic beverage license allowed to hold legal bingo games at the bar in the organization's social quarters 2. If legal bingo games are allowed at the bar, are the games limited to the members of the nonprofit organization, or are the games...
Mr. James G. Sisco St. Johns County Attorney Post Office Box 1533 St. Augustine, Florida 32085-1533 Dear Mr. Sisco: On behalf of the Chairman of the Board of County Commissioners of St. Johns County, you have asked substantially the following question: Are "computer-generated" building plans and building design calculations marked or designated "trade secret" that were delivered to and filed with the county by private citizens for building permitting purposes exempt from public inspection under...
The Honorable Cory J. Ciklin County Court Judge Palm Beach County Courthouse West Palm Beach, Florida 33401 Collection of statutory costs when cases consolidated Dear Judge Ciklin: You have asked substantially the following question: May a defendant who is charged with multiple offenses arising from the same incident be charged the costs assessed in section 27.3455, Florida Statutes, for each separate case number when the cases have been consolidated for prosecution In sum: In instances where...
Ms. Renee Francis Lee Charlotte County Attorney 18500 Murdock Circle Port Charlotte, Florida 33948-1094 Dear Ms. Lee: You ask substantially the following questions: 1. May a county collect tourist development taxes on the rental of single-family homes owned by foreign nationals who rent these homes to other foreign nationals when the rental transaction takes place in a foreign country 2. If the tourist development tax is not paid by the rental agent, what enforcement procedures are available...
