Mr. David La Croix Brooksville City Attorney 123 North Main Street Brooksville, Florida 34601 Dear Mr. La Croix: On behalf of the Brooksville City Council, you ask the following question: May a member of the city council simultaneously serve as a member of the local board of the United States Selective Service System without violating Article II , section 5 (a), Florida Constitution According to your letter, a member of the city council has applied for appointment as a Selective Service System...
Mr. James C. Brady 501 Northeast 8th Street Fort Lauderdale, Florida 33304 Dear Mr. Brady: On behalf of the Mayor and City Commission of the City of Lauderdale Lakes, you ask substantially the following question: May the City of Lauderdale Lakes, pursuant to sections 166.021 (4) and 100.3605 , Florida Statutes, amend its city charter by ordinance to move the dates of city elections from March to November to coincide with federal, state, and county elections, and to extend the terms of the...
Mr. Alejandro Vilarello Miami City Attorney 444 Southwest 2nd Avenue Suite 945 Miami, Florida 33130-1910 Dear Mr. Vilarello: You have asked for my opinion on substantially the following question: May a public officer serve simultaneously as a member of the Board of the Public Health Trust of Miami-Dade County without violating Article II , section 5 (a), Florida Constitution Section 5 (a), Article II , Florida Constitution, provides: "No person shall hold at the same time more than one office...
Mr. Ernest A. Sellers 105 North Ohio Avenue Live Oak, Florida 32064 Dear Mr. Sellers: On behalf of the City of Live Oak, you ask substantially the following question: Under what conditions may the city manager continue employment with the city after he has participated in the Deferred Retirement Option Program You state that the City of Live Oak revoked its election to participate in the Florida Retirement System (FRS) in 1995, but approximately 45 percent of the city's employees remain...
Mr. Paul J. Marino Port Richey City Attorney 611 Druid Road East, Suite 512 Clearwater, Florida 33756 Dear Mr. Marino: On behalf of the Port Richey City Council, you ask substantially the following questions: 1. Is there a conflict between the provisions of sections 316.2045 and 337.406 , Florida Statutes 2. Does section 316.2045 , Florida Statutes, exempt organizations qualified under section 501(c)(3) of the Internal Revenue Code from the requirement of obtaining a permit from a municipality...
The Honorable Ray Geiger Sheriff, Nassau County 50 Bobby Moore Circle Yulee, Florida 32097. Dear Sheriff Geiger: You state that you have been asked to host the 2004 Florida Sheriffs Conference in January 2004. The conference will address issues facing sheriffs in Florida as well as provide a training session. While some of the costs will be paid by the Florida Sheriffs Association, your office, as host, is responsible for some of the costs. You therefore ask substantially the following question:...
Mr. Paul Marino Kenneth Town Attorney 611 Druid Road East Suite 512 Clearwater, Florida 33756 Dear Mr. Marino: On behalf of the Town of Kenneth City, you have asked for my opinion on substantially the following questions: 1. Does the Municipal Home Rule Powers Act authorize a municipality to enact an ordinance restricting the operation of a residential family day care home to a particular residential zoning classification 2. Pursuant to provisions of the Municipal Home Rule Powers Act, may a...
The Honorable Everett S. Rice Sheriff Pinellas County Sheriff's Office Post Office Drawer 2500 Largo, Florida 33779-2500 Dear Sheriff Rice: You have requested my opinion on substantially the following question: Are the per diem and travel expenses of employees of the Sheriff's Office limited by section 112.061 , Florida Statutes, when these employees are acting under the authority or direction of the federal government or an agency thereof According to your letter, the Florida Caribbean...
Mr. Robert D. Klausner 10059 Northwest 1st Court Plantation, Florida 33324 Dear Mr. Klausner: On behalf of the Mayor, Sheriff, Clerk of Courts, Tax Collector, Property Appraiser, and Supervisor of Elections of the Consolidated Government of the City of Jacksonville, you ask the following questions: 1. Is the Mayor of the Consolidated City of Jacksonville eligible for membership in the Elected Officers' Class of the Florida Retirement System under section 121.052 (2)(d), Florida Statutes 2. Are...
Colonel Warren R. McPherson Interim Executive Director Department of Veterans' Affairs Koger Center 2540 Executive Center Circle West Douglas Building, Suite 100 Tallahassee, Florida 32301 Dear Colonel McPherson: You have asked for my opinion on substantially the following question: In order to be eligible for the exemption provided in section 196.081 , Florida Statutes, must a permanently and totally disabled veteran hold title to the property on January 1 of the tax year for which he or she...
Mr. Robert M. Bradley, Jr. Orange Park Town Attorney Post Office Box 562 Orange Park, Florida 32067-0562 Dear Mr. Bradley: On behalf of the Orange Park Town Council, you ask substantially the following question: Does the "legitimate business purpose" exception in section 119.0721, Florida Statutes, authorize the town to release the social security numbers of its water and sewer system customers to a private company that intends to enter the social security numbers into a computer database and...
Mr. Lonnie N. Groot Palm Coast City Attorney Post Office Box 4848 Sanford, Florida 32772-4848 Dear Mr. Groot: You have asked for my opinion on substantially the following question: Is a member of a municipal firefighter pension board created under the provisions of Chapter 175 , Florida Statutes, an officer for purposes of the dual office-holding prohibition in Article II , section 5 (a), Florida Constitution The City of Palm Coast is currently considering appointing a county commissioner as a...
Mr. Edward A. Dion Broward County Attorney 115 South Andrews Avenue, Suite 423 Fort Lauderdale, Florida 33301. Dear Mr. Dion: On behalf of the Broward County Commission, you ask substantially the following question: May a county impose a $25,000 limit on the allowable amount of the reduction in the assessed value of homestead property for living quarters for parents or grandparents, in light of the language of Article VII , section 4 (e), Florida Constitution, and its implementing legislation,...
Mr. Dennis J. Alfonso Counsel to the Clerk of Court for Pasco County Post Office Box 4 Dade City, Florida 33526-0004 Dear Mr. Alfonso: On behalf of the Pasco County Clerk of the Circuit Court, you ask the following question: Are judicial/court records that identify the name and/or address of a victim of a sexual crime presumed to be confidential and exempt from public access, or are they confidential and exempt from public access only as a result of a court order In the materials accompanying...
Mr. Jimmy Crawford General Counsel, Lake-Sumter Community College Post Office Box 120848 Clermont, Florida 34712-0848 Dear Mr. Crawford: On behalf of the Business Assistance Center and the Lake-Sumter Community College, you ask substantially the following question: Is the Business Assistance Center Advisory Council, created by the Board of Trustees of the Lake-Sumter Community College and funded by the college and county funds, subject to the Government in the Sunshine Law, section 286.011 ,...
Mr. John M. Milledge Attorney, Children's Services Council of Broward County Republic Tower-15th Floor 110 Southeast 6th Street Fort Lauderdale, Florida 33301 Dear Mr. Milledge: On behalf of the Children's Services Council of Broward County, you ask substantially the following question: Does section 163.387 (2)(c)2., Florida Statutes, exempt the special district governed by the Children's Services Council of Broward County from paying increment revenue funds to any community redevelopment...
Dr. Stephen J. Nelson, M.A., M.D., F.C.A.P. Chairman Medical Examiners Commission Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Dear Dr. Nelson: You ask substantially the following questions: 1. May a Florida public agency use autopsy photographs in which identifying information has been redacted for training purposes in a class with non-public agency members, if the medical examiner has obtained a court order allowing the use of such photographs 2. If...
The Honorable Sharon Outland St. Johns County Property Appraiser County Service Center 4030 Lewis Speedway, Suite 203 So. Augustine, Florida 32084 Dear Ms. Outland: You have asked substantially the following questions in light of passage of Chapter 2003-284 , Laws of Florida, relating to ad valorem and non-ad valorem assessments against common elements in a subdivision: 1. Does the definition of "common element" include any property in a subdivision plat or site plan intended to benefit lot...
Mr. Mark B. Roath North Port City Manager 5650 North Port Boulevard North Port, Florida 34287-3102 Dear Mr. Roath: On behalf of the City Commission of the City of North Port, you ask substantially the following question: May a participant disclose information obtained during a meeting regarding labor negotiations that is closed pursuant to section 447.605 , Florida Statutes Section 447.605 (1), Florida Statutes, states: "All discussions between the chief executive officer of the public...
Mr. Gerald T. Buhr Mulberry City Attorney 1519 Dale Mabry Highway Suite 100 Lutz, Florida 33548 Dear Mr. Buhr: On behalf of the City of Mulberry, you ask substantially the following questions: 1. May the City of Mulberry modify the scope of a utility operations and maintenance contract to include repairs in excess of the no-bid maximums prescribed by the city's charter and by state law without seeking bids for the additional work 2. May the city use the contractor retained under the utility...
