Mr. Robert K. Robinson North Port City Attorney 22 South Turtle Avenue, Suite 3 Sarasota, Florida 34237 Dear Mr. Robinson: On behalf of the North Port City Commission, you ask substantially the following questions: 1. May the City of North Port authorize any animal control officers who are not law enforcement officers to carry firearms, including small-caliber rifles 2. May the city authorize such animal control officers to carry nonchemical stun devices such as taser guns In sum: 1. The City...
Mr. Gordon B. Johnston Marion County Attorney 601 Southeast 25th Avenue Ocala, Florida 34471 Dear Mr. Johnston: You ask substantially the following question: Are advisory board members who are appointed by the Marion County Board of County Commissioners and who are responsible for making recommendations to the board of county commissioners on county issues subject to voting requirements for governmental bodies set forth in section 286.012 , Florida Statutes In sum: Advisory board members who...
The Honorable Mary M. Johnson Santa Rosa County Clerk of Courts Post Office Box 472 Milton, Florida 32572-0472 Dear Ms. Johnson: You ask substantially the following question: May a certified public accountant who is an employee of the clerk of court perform the financial audit of the Santa Rosa County Civil Service Board required by section 218.39 , Florida Statutes In sum: A certified public accountant employed by the clerk of court does not possess the statutorily required independence to...
Mr. Francisco M. Negron, Jr. General Counsel Escambia County School Board 215 West Garden Street Pensacola, Florida 32501 Dear Mr. Negron: On behalf of the School Board of Escambia County, you have asked for my opinion on substantially the following question: May a school board use discretionary half-cent sales surtax proceeds collected pursuant to section 212.055 (6), Florida Statutes, to fund capital improvement projects for public charter schools where the charter school will operate on...
Ms. Mary Kay Cariseo Executive Director Florida Association of Counties Post Office Box 549 Tallahassee, Florida 32302 Dear Ms. Cariseo: On behalf of the Florida Association of Counties and in light of the duties imposed on the association by section 624.91 (5)(a), Florida Statutes, as amended by section 14, Chapter 02-404, Laws of Florida, you ask substantially the following question: Does the constitutional prohibition against dual officeholding prevent the Florida Association of Counties...
The Honorable Marc A. Cianca Chief Judge, Nineteenth Judicial Circuit St. Lucie County Courthouse 315 Courthouse Addition 218 South Second Street Fort Pierce, Florida 34950 Dear Judge Cianca: As Chief Judge of the Nineteenth Judicial Circuit of Florida, you ask the following question: Does the chief judge have the authority or discretion to use funds generated from filing fees designated solely for mediation or alternative dispute resolutions for the purpose of hiring a part-time general master...
Chief Chad Jorgensen Bayshore Fire Protection and Rescue Service District 17350 Nalle Road North Fort Myers, Florida 33917 Dear Chief Jorgensen: You ask substantially the following question: May you serve as chief of the Bayshore Fire Protection and Rescue Service District and as a firefighter/ emergency medical technician with the Iona McGregor Fire Protection and Rescue Service District without violating the constitutional prohibition against dual officeholding In sum: You may serve as chief...
Ms. Betsy S. Burden Northern Palm Beach County Improvement District 324 Royal Palm Way, Suite 300 Palm Beach, Florida 33480-4352 Dear Ms. Burden: On behalf of the Northern Palm Beach County Improvement District, you have asked for my opinion on the following question: In light of the passage of Chapter 2002-67 , Laws of Florida, which amended section 119.07 (3)(ee), Florida Statutes, to exempt building plans, specifications and other related documents from the Public Records Law, may a...
Ms. G. Helen Athan General Counsel Collier Mosquito Control District Pelican Bay Corporate Centre 5551 Ridgewood Drive, Suite 501 Naples, Florida 34108-2719 Dear Ms. Athan: On behalf of the Collier Mosquito Control District, you ask substantially the following questions: 1. May commissioners of the Collier Mosquito Control District receive benefits such as medical insurance or accidental death or disability insurance in addition to the maximum salary of $4,800 prescribed by statute 2. If not,...
Mr. Michael Dyer Attorney for Town of Ponce Inlet Post Office Box 15110 Daytona Beach, Florida 32115 Dear Mr. Dyer: As town attorney for the Town of Ponce Inlet, you have asked for my opinion on substantially the following question: Is the Town of Ponce Inlet authorized to expend local option fuel tax moneys collected pursuant to section 336.025 , Florida Statutes, for the construction of bicycle paths adjacent to roads or streets In sum: Tax moneys collected pursuant to section 336.025 ,...
Mr. David Donzella Pembroke Pines City Pension Fund for Police Officers Firefighters Post Office Box 841009 Pembroke Pines, Florida 33084-2906 Dear Mr. Donzella: You ask substantially the following question: "May an elected trustee of the board of trustees of a city pension fund for police officers and firefighters also serve on the board of commissioners of the Central Broward Water Control District without violating the constitutional dual officeholding prohibition " In sum: "An elected...
Mr. C. David Coffey Cedar Key City Attorney Haile Village Center 5346 Southwest 91st Terrace Gainesville, Florida 32608-7124 Dear Mr. Coffey: You ask substantially the following questions: 1. May the City of Cedar Key impose a minimum age requirement for the operation of a golf cart more restrictive than that allowed by section 316.212 , Florida Statutes 2. May the city require the operator of a golf cart to have a valid Florida driver's license In sum: While the City of Cedar Key may...
Mr. Mark F. Carpanini Polk County Attorney Drawer AT01 Post Office Box 9005 Bartow, Florida 33831-9005 Dear Mr. Carpanini: You have asked for my opinion on substantially the following question: Is a local government code inspector authorized by law to enter onto private premises to conduct inspections or assure compliance with local technical codes without the consent of the owner or occupant, or having first procured a warrant In sum: A local government code inspector is not authorized to...
Mr. Brian Flaherty Chairman Pinellas County Housing Authority The Dean S. Robinson Administration Building 11479 Ulmerton Road Largo, Florida 33778 Mr. Ronald Duffey Chairman Dunedin Housing Authority 11479 Ulmerton Road Largo, Florida 33778 Dear Mr. Flaherty and Mr. Duffey: You ask substantially the following question: How may a county housing authority exercise jurisdiction within an existing municipality whose housing authority lacks the financial capability to deliver services In sum: A...
The Honorable Charlie Green Lee County Clerk of Circuit Court Post Office Box 2469 Fort Myers, Florida 33902-2469 Dear Mr. Green: You ask the following questions: 1. Who receives the $2 additional court assessment for criminal justice education authorized under section 938.15 , Florida Statutes 2. Who is subject to the $2 additional assessment under section 938.15 , Florida Statutes 3. May each municipality within a county assess the $2 fee cumulatively In sum: 1. A county or municipality...
Mr. C. Mitchell Goldman Indian River County Hospital District 200 South Biscayne Boulevard, Suite 3410 Miami, Florida 33131-2397 Dear Mr. Goldman: On behalf of the Indian River County Hospital District, you ask substantially the following question: Does the Indian River Memorial Hospital, Inc., a not-for-profit corporation leasing the Indian River Memorial Hospital from the Indian River County Hospital District, possess sovereign immunity pursuant to section 768.28 , Florida Statutes In sum:...
Mr. Edward Paul Kreiling Attorney for the Broward County Charter Review Commission Weston Corporate Centre 2500 Weston Road, Suite 220 Weston, Florida 33331 Dear Mr. Kreiling: On behalf of the Broward County Charter Review Commission, you ask substantially the following question: Does the adoption of a charter provision creating the Broward County Fire Services and Standards Council to develop countywide standards regulating the provision of fire and rescue services, addressing such issues as...
Chief Jerry L. Demings Orlando Police Department 100 South Hughey Avenue Orlando, Florida 32801-2589 Dear Chief Demings: You ask the following question: Assuming there are no prohibitions or restrictions in the applicable municipal and county charters or codes, may a municipal police officer make an arrest pursuant to section 901.15 (1), Florida Statutes, for a violation of a county penal ordinance that occurs in the officer's presence within the territorial boundaries of the municipality...
Mr. Carl E. Kern Flagler County Attorney 1200 East Moody Boulevard, #11 Bunnell, Florida 32110 Mr. Dennis K. Bayer Marineland Town Attorney Post Office Box 1505 Flagler Beach, Florida 32136-1505 Dear Mr. Kern and Mr. Bayer: On behalf of the Flagler County Board of County Commissioners and the Town of Marineland, you ask substantially the following question: May a taxing authority that has actual knowledge of a municipality's intent to create a community redevelopment area voluntarily waive the...
The Honorable C. Dianne Dubberly Mayor, Town of LaCrosse Post Office Drawer D LaCrosse, Florida 32658 Dear Mayor Dubberly: On behalf of the Town of LaCrosse, you ask substantially the following question: Does a newspaper's pending application to be entered as periodic material satisfy the requirements imposed for the publication of legal notices by a municipality In sum: Publication of legal notices by a municipality must comply with the requirements of sections 50.011 and 50.031 , Florida...
