The Honorable Charles W. Morris Okaloosa County Sheriff 1250 Eglin Parkway Shalimar, Florida 32579-1234 Dear Sheriff Morris: You have asked for my opinion on substantially the following question: What are the registration requirements for a sexual offender moving from one residence to another within the State of Florida In sum: The Florida Department of Law Enforcement has determined that the provisions of section 943.0435 , Florida Statutes, require that a sexual offender register initially...
The Honorable Gregory S. Brown Santa Rosa County Property Appraiser Post Office Box 606 Milton, Florida 32572 Dear Mr. Brown: You ask substantially the following question: If county-owned property is leased to a private individual, are real property improvements on the property titled in the private individual subject to ad valorem taxation In sum: Real property improvements titled in a county are not subject to ad valorem taxes, but such improvements titled in a private individual who has...
Mr. Timothy J. McFarland Gulf County Attorney 326 Reid Avenue Port Saint Joe, Florida 32456 Dear Mr. McFarland: On behalf of the Gulf County Board of County Commissioners, you have asked for my opinion on substantially the following questions: 1. Is it mandatory pursuant to Article VIII , section 1 (e), Florida Constitution, and section 124.01 , Florida Statutes, that the Gulf County Board of County Commissioners include and count the prison population within the district in which such prison...
Mr. Frank Comparetto, Jr. Mulberry City Attorney 114 North Tennessee Avenue Suite 204 Lakeland, Florida 33801-4659 Dear Mr. Comparetto: On behalf of the City Commission of the City of Mulberry, you ask substantially the following question: May the city commission amend the city charter, without a referendum, to remove a requirement that the city manager reside within the city In sum: The city commission may amend its city charter, adopted in 1977, to remove a requirement that the city manager...
The Honorable Howard C. Forman Clerk of Circuit and County Court 201 Southeast 6th Street, Room 136 Broward County Courthouse Fort Lauderdale, Florida 33301 Dear Mr. Forman: You have asked for my opinion on substantially the following question: Is the Clerk of Circuit Court authorized to impose a service charge of $4 pursuant to section 28.24 (11), Florida Statutes, when issuing a certificate of compliance with court requirements for reinstatement of a driver's license In sum: The Clerk of...
Mr. Michael Crowley Central Broward Water Control District 8020 Stirling Road (Davie) Hollywood, Florida 33024 Dear Mr. Crowley: On behalf of the Commissioners of the Central Broward Water Control District, you ask substantially the following question: May a member of the Board of Commissioners of the Central Broward Water Control District simultaneously hold the office of city commissioner without violating the dual officeholding prohibition of Article II , section 5 (a), Florida Constitution...
Mr. Bruce A. Harris Interim Chief Counsel The School District of Palm Beach County 3318 Forest Hill Boulevard, Suite C-302 West Palm Beach, Florida 33406-5813 Dear Mr. Harris: You ask on behalf of the Palm Beach County School Board substantially the following questions: 1. What is the role of the school board in reviewing personnel recommendations, such as the transfer of a principal from one school to another, by the superintendent 2. What is a "demotion" as applied to school district...
The Honorable Cheryl Strickland St. Johns County Clerk of Courts Post Office Drawer 300 Saint Augustine, Florida 32085 Dear Ms. Strickland: You have asked for my opinion on substantially the following question: Is St. Johns County authorized to use county funds to pay the cost of a traffic study that was commissioned by private citizens and presented by them to the county commission at a public meeting, if the study was utilized by the county commission in making its decision on improvements to...
Chief Morrey Deen Ocala Police Department Post Office Box 1270 Ocala, Florida 34478 Dear Chief Deen: You have asked for my opinion on substantially the following question: Is a law enforcement officer's representative, chosen pursuant to section 112.532 (1)(i), Florida Statutes, authorized to review the complaint and statements made against the officer immediately prior to commencement of an investigative interview under section 112.533 , Florida Statutes In sum: A law enforcement officer's...
Ms. Margaret T. Roberts Port Orange City Attorney 1000 City Center Circle Port Orange, Florida 32119 Dear Ms. Roberts: On behalf of the City Council of the City of Port Orange you have asked for my opinion on substantially the following question: Would the preparation and distribution of individual position statements on the same subject by several city council members to all other council members constitute an interaction or exchange by the council that would be subject to the requirements of...
Mr. Matt E. Dannheisser General Counsel Town of Century 504 North Baylen Street Pensacola, Florida 32501 Dear Mr. Dannheisser: On behalf of the Town of Century, you have asked for my opinion on substantially the following question: Is a municipality authorized to use its share of the proceeds of the local government infrastructure surtax to acquire and/or renovate a building to lease to a third party health care provider for use as an indigent health care facility if the municipality has not...
The Honorable Ken J. Mascara St. Lucie County Sheriff 4700 West Midway Road Fort Pierce, Florida 34981 Dear Sheriff Mascara: You ask substantially the following question: May funds from the special law enforcement trust fund be donated to a 501(c)(3) corporation that treats drug addicts recently released from jail where such funds will be directed to the renovation of buildings used by the program for residential and administrative purposes In sum: Funds from the special law enforcement trust...
Mr. Jim Zingale Executive Director Florida Department of Revenue 5050 West Tennessee Street Tallahassee, Florida 32399-0100 Dear Mr. Zingale: You have asked for my opinion on substantially the following question: If taxpayer information that is confidential under section 193.074 , Florida Statutes, is submitted by a taxpayer to a value adjustment board as evidence in a dispute, does this information become a public record or must it be maintained as confidential In sum: Taxpayer information...
Mr. Alan C. Jensen Atlantic Beach City Attorney Post Office Box 50457 Jacksonville Beach, Florida 32240-0457 Dear Mr. Jensen: You ask substantially the following question: May the City of Atlantic Beach enact an ordinance providing for the revocation of the occupational license for an establishment found to be selling alcoholic beverages to underage persons In sum: The City of Atlantic Beach may not enact an ordinance providing for the revocation of the occupational license for an...
Ms. Pamela K. Akin Clearwater City Attorney Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Ms. Akin: On behalf of the City of Clearwater, you have asked for my opinion on substantially the following question: In conducting an investigation under section 112.532 , Florida Statutes, which may result in discipline of a law enforcement officer, may a law enforcement agency substitute written interrogatories for a personal interrogation of the officer under investigation In sum: A law...
Ms. Elizabeth M. Hernandez Coral Gables City Attorney Post Office Box 141549 Coral Gables, Florida 33114-1549 Dear Ms. Hernandez: You ask substantially the following question: May the City of Coral Gables use the building permit and inspection fees imposed pursuant to section 166.222 , Florida Statutes, to construct a building that would in part house the city's Building and Zoning Department In sum: The City of Coral Gables may not use the building permit and inspection fees imposed pursuant...
The Honorable Rod Smith Senator, District 5 220 Senate Office Building Tallahassee, Florida 32399-1100 Dear Senator Smith: You have expressed concern about the need for amendatory language to the Public Records Law in light of recent terrorist acts. You, therefore, have requested that this office examine existing statutory exemptions relating to security and criminal investigations conducted by law enforcement agencies. Your questions may be stated as follows: 1. Do the current statutes provide...
Mr. Bruce A. Harris Interim Chief Counsel Palm Beach County School Board 3318 Forest Hill Boulevard Suite C-302 West Palm Beach, Florida 33406-5813 Dear Mr. Harris: You have asked for my opinion on substantially the following question: Is a school board authorized under the provisions of Chapter 274 , Florida Statutes, to donate surplus tangible personal property, such as a school bus, to a municipality within the school district's boundaries In sum: A school district is authorized to donate...
Mr. David C. Weigel Collier County Attorney 3301 Tamiami Trail East Naples, Florida 34112-4902 Dear Mr. Weigel: You ask substantially the following question: May tourist development tax revenues be utilized to purchase beachfront land to be used as an additional public preservation and recreation area In sum: Tourist development tax revenues may be used to purchase beachfront land in Collier County if the county commission makes the requisite findings that this expenditure will promote tourism...
The Honorable Guy M. Tunnell Sheriff, Bay County 3421 North Highway 77 Panama City, Florida 32405 Dear Sheriff Tunnell: You ask substantially the following question: Must a person under the age of 16 wear a safety helmet while operating a non-motorized scooter in the same manner that helmets are required while riding a bicycle In sum: The Florida Legislature has specifically exempted scooters from the definition of a bicycle and a person under 16 years of age would not, therefore, be subject...
