The Honorable Gaston Cantens Representative, District 114 300 Southwest 107th Avenue, #213 Sweetwater, Florida 33174 Dear Representative Cantens: You ask the following questions: 1. Must privately owned and operated multi-passenger vans, not owned or operated by a school board but used to transport children to and from school for compensation, be equipped with safety belts 2. If so, must children being transported in such vans be restrained by safety belts and does the failure to do so...
Mr. Franklin R. Harrison Bay County School Board Attorney Post Office Drawer 1579 Panama City, Florida 32402-1579 Dear Mr. Harrison: On behalf of the School Board of Bay County, you have asked for my opinion on substantially the following question: Would a meeting and the minutes of that meeting be exempted from the Government in the Sunshine Law and the Public Records Law if the meeting is conducted by a district school board, relates solely to the purposes identified in section 768.28 (15)(c)...
Mr. Robert A. Sugarman 2801 Ponce De Leon Boulevard Suite 750 Coral Gables, Florida 33134 Dear Mr. Sugarman: On behalf of the Board of Trustees of the City of Naples Police Officers' Pension and Retirement System, you have requested my opinion on substantially the following question: May a police officer who is elected by his peers to serve as an ex officio member of the board of trustees of the city's police pension plan created pursuant to Chapter 185 , Florida Statutes, continue to serve as...
Ms. Josefina M. Tamayo General Counsel Department of Children and Families 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Dear Ms. Tamayo: On behalf of the Secretary of the Department of Children and Families, you ask substantially the following question: Are meetings of the board of directors of the Family Services Coalition, Inc., an entity performing services for the Department of Children and Families pursuant to section 409.1671 (6), Florida Statutes, which services would normally...
The Honorable Gaston Cantens Representative, District 114 300 Southwest 107th Avenue, #213 Sweetwater, Florida 33174 Dear Representative Cantens: You ask substantially the following questions: 1. Must a multi-passenger van used to transport children to and from school be equipped with safety belts 2. If so, must the children wear the safety belts while the van is in operation and is failure to do so a "primary offense" under Florida law In sum: 1. A van designed to transport more than 10...
Mr. Jonathan Walker Attorney, Walton County Walton County Courthouse Annex Post Office Box 689 DeFuniak Springs, Florida 32435 Dear Mr. Walker: On behalf of the Walton County Board of County Commissioners, you ask substantially the following question: May the Walton County Board of County Commissioners provide free dirt to the Walton County District School Board for use in the school district's soccer field, and if so, how must such a transaction be accomplished In sum: If the board of county...
The Honorable Geoffrey Monge Sheriff, Sarasota County Post Office Box 4115 Sarasota, Florida 34230-4115 Dear Sheriff Monge: You ask substantially the following question: What information in a criminal history record is subject to expungement and to what extent must the record be obliterated or destroyed in order to satisfy the requirements of section 943.0585 , Florida Statutes In sum: Information formalizing the petitioner's criminal history, such as an arrest, detention, indictment,...
Ms. Phyllis M. Rosier Attorney for Town of Glen St. Mary 33 McIver East Macclenny, Florida 32063 Dear Ms. Rosier: You have asked substantially the following question: May the Town of Glen St. Mary enter into an interlocal agreement with the county to have all code enforcement matters reviewed by the county's code enforcement board as an alternate means of enforcing its codes In sum: The Town of Glen St. Mary may enter into an interlocal agreement with the county to have code enforcement...
Ms. Josefina M. Tamayo General Counsel Department of Children and Families 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Dear Ms. Tamayo: You ask substantially the following question: May public officers serve on Community Alliances pursuant to section 20.19 (6), Florida Statutes, without violating the constitutional prohibition against dual officeholding In sum: Public officers of the entities enumerated in section 20.19 (6), Florida Statutes, may serve on Community Alliances in an...
Mr. James P. Beadle Attorney for the Melbourne-Tillman Water Control District 5205 Babcock Street, Northeast Palm Bay, Florida 32905 Dear Mr. Beadle: On behalf of the Board of Directors of the Melbourne-Tillman Water Control District, you ask substantially the following questions: 1. Is the Melbourne-Tillman Water Control District authorized to open and develop district property for recreational purposes 2. Does Chapter 298 , Florida Statutes, apply to water control districts created by...
Mr. Scott Knox Brevard County Attorney 2725 Judge Fran Jamieson Way Viera, Florida 32940 Dear Mr. Knox: On behalf of the Brevard County Commission, you ask substantially the following question: May the county loan monies to a special district for the construction of a water and sewer system to serve the special district and the neighboring unincorporated area of the county In sum: A county, upon making the appropriate legislative finding that an expenditure serves a county purpose, may loan...
The Honorable Toni Jennings President, The Florida Senate Room 418, Senate Office Building 404 South Monroe Street Tallahassee, Florida 32399-1100 The Honorable John E. Thrasher President, Florida House of Representatives Room 420, The Capitol 402 South Monroe Street Tallahassee, Florida 32399-1300 Dear Madam President and Mr. Speaker: You have asked substantially the following question: Does Florida law require that compensatory damages be determined before punitive damages may be awarded In...
Mr. Michael S. Mullin Nassau County Attorney Post Office Box 1010 Fernandina Beach, Florida 32035-1010 Dear Mr. Mullin: On behalf of the Nassau County Board of County Commissioners, you ask substantially the following question: Does section 381.00655 , Florida Statutes, mandate that residential property owners whose property is currently served by an onsite septic system connect to an investor-owned sewerage system, and may the costs of such sewerage line be assessed to the property owners that...
Mr. Fassil Gabremariam Chairman, Tampa Port Authority 1101 Channelside Drive Tampa, Florida 33602 Dear Mr. Gabremariam: You ask substantially the following question: Does the enabling legislation for the Hillsborough County Port District, Chapter 95-488, Laws of Florida, permit an option to renew a lease of the Tampa Port Authority, the district's governing body, to be exercised immediately after the commencement of the initial lease term In sum: In the absence of a provision in the...
Mr. Frank Comparetto, Jr. Mulberry City Attorney Citrus Chemical Bank Building 114 North Tennessee Avenue, Suite 204 Lakeland, Florida 33801-4659 Dear Mr. Comparetto: You ask substantially the following question: May the City of Mulberry, pursuant to section 100.3605 , Florida Statutes, amend its city charter by ordinance to move the dates of city elections from April to November to coincide with federal, state, and county elections, and to extend the terms of the sitting commissioners to...
Ms. Deborah Kearney General Counsel Department of State The Capitol Tallahassee, Florida 32399-0250 Dear Ms. Kearney: You have requested my opinion on the following question: Is a state agency authorized to obtain a trademark in order to protect a particular program name In sum: Florida law currently criminalizes the misuse or deceptive use of state agency seals or logos and state statutes provide limited authority to specific state agencies to secure or hold trademarks. However, a state...
Chief Jerry L. Demings Orlando Police Department 100 South Hughey Avenue Orlando, Florida 32801 Dear Chief Demings: You ask substantially the following questions: 1. In light of the recent amendments to section 112.533 (2)(a), Florida Statutes, by Chapter 2000-184 , Laws of Florida, is the statute violated by a policy providing that the law enforcement officer who is the subject of a complaint be interviewed first 2. Does section 112.533 , Florida Statutes, as amended, apply only to the...
Mr. Wesley R. Poole Fernandina Beach City Attorney Post Office Box 1280 Fernandina Beach, Florida 32035 Dear Mr. Poole: You have asked for my opinion on substantially the following question: Is the City Commission of the City of Fernandina Beach authorized to adopt and enforce an ordinance pursuant to section 162.21 , Florida Statutes, prohibiting the removal of trees without a permit with a penalty of $12,500 or more for violation of that ordinance In sum: The City of Fernandina Beach is...
Ms. Denise D. Dytrych Palm Beach County Attorney Post Office Box 1989 West Palm Beach, Florida 33402-1989 Dear Ms. Dytrych: You ask substantially the following questions: 1. May a county agree to indemnify another party to a contract for the county's own negligence in performance of the contract, if such indemnity does not exceed the limits in section 768.28 , Florida Statutes 2. If not, may the county agree to indemnify to the extent allowed by law, with a disclosure that such indemnification...
Mr. William E. Lackay Coleman City Attorney Post Office Box 279 Bushnell, Florida 33513 Dear Mr. Lackay: You have asked for my opinion on substantially the following questions: 1. May the City of Coleman use the interest generated by the municipal fuel tax imposed pursuant to section 206.41 (1)(c), Florida Statutes, for general operating purposes 2. May the tax moneys collected pursuant to sections 206.605 and 336.025 , Florida Statutes, be used for sidewalk construction as a stand-alone...
