Mr. V. Frank Desguin Charlotte County Property Appraiser 18500 Murdock Circle Port Charlotte, Florida 33948-1076 Dear Mr. Desguin: As Property Appraiser for Charlotte County you have asked for my opinion on substantially the following question: May one or more of the partners in a foreign limited liability partnership claim homestead exemption from taxation in the real property of the partnership or a part thereof According to information supplied with your request, the general partners of a...
Mr. Lonnie N. Groot Oviedo City Attorney Post Office Box 4848 Sanford, Florida 32772-4848 Dear Mr. Groot: The City Council of the City of Oviedo has requested my opinion on substantially the following question: Is the City of Oviedo authorized to vacate municipal roads and rights-of-way in accordance with the provisions of section 316.00825, Florida Statutes Chapter 316 , Florida Statutes, the Florida Uniform Traffic Control Law, was enacted to make uniform traffic laws applicable throughout...
Mr. Robert D. Pritt Legal Counsel, Matlacha-Pine Island Fire Control District 850 Park Shore Drive, Suite 300 Naples, Florida 34103-3587 Dear Mr. Pritt: On behalf of the Board of Trustees of the Matlacha-Pine Island Fire Control District, you ask substantially the following question: Is a member of the Board of Trustees of the Matlacha-Pine Island Fire Control District required to vote except as provided in section 286.012 , Florida Statutes, and sections 112.3143 and 112.313 , Florida Statutes...
Mr. Charles J. Cino Flagler Beach City Attorney Post Office Box 70 Flagler Beach, Florida 32136 Dear Mr. Cino: On behalf of the Flagler Beach City Commission, you ask substantially the following questions: 1. May a municipality by city charter amend the procedures for annexing property prescribed by Chapter 171 , Florida Statutes 2. When may the city commission, on its own volition, call for a referendum on the question of contraction Question One Article VIII , section 2 (c), Florida...
Mr. Steven A. Ramunni Post Office Box 1118 LaBelle, Florida 33975 Dear Mr. Ramunni: On behalf of the City Council of the City of Moore Haven, you ask substantially the following question: May a member of the city council also serve as the city's building official without violating the constitutional prohibition against dual office-holding or the rule of incompatibility Section 5 (a), Article II , Florida Constitution, provides: "No person shall hold at the same time more than one office under...
Mr. Joseph G. Jarret Polk County Attorney Drawer AT01, Post Office Box 9005 Bartow, Florida 33831-9005 Dear Mr. Jarret: On behalf of the Polk County Board of County Commissioners, you ask substantially the following questions: 1. When a county has declared a state of local emergency pursuant to section 252.38 (3)(a)5., Florida Statutes, must that declaration be renewed every seven days 2. During a declared state of emergency, when two or more county commissioners make coincidental unscheduled...
Mr. John C. Dellagloria City Attorney City of North Miami Post Office Box 610850 North Miami, Florida 33261-0850 Dear Mr. Dellagloria: On behalf of the City of North Miami you have asked for my opinion on substantially the following questions: 1. May a municipality that is required to pay the filing fee pursuant to section 28.2402 , Florida Statutes, assess the filing fee against the alleged violator of the municipal ordinance in order to offset the filing cost 2. If a municipality is not...
The Honorable Cindy Lederman Chair, Miami-Dade Community Based Care Alliance Juvenile Justice Center 3300 Northwest 27th Avenue Miami, Florida 33142 Dear Judge Lederman: As Chair of the Miami-Dade Community Based Care Alliance and on behalf of the Alliance, you ask substantially the following question: Does the recent amendment to section 20.19 (6), Florida Statutes, apply to current members of community alliances During the 2004 legislative session, the Legislature amended section 20.19 (6),...
Ms. Karen O. Gaffney Hernando County School Board Attorney 221 West Main Street, Suite D Inverness, Florida 34450 Mr. Garth C. Coller Hernando County Attorney Hernando County Government Complex 20 North Main Street, Room 462 Brooksville, Florida 34601 Dear Ms. Gaffney and Mr. Coller: On behalf of the School Board of Hernando County and the Hernando County Board of County Commissioners, you have asked for my opinion on substantially the following question: Is the Hernando County School Board...
Mr. Mark A. Winn Chief Assistant City Attorney City of St. Petersburg Post Office Box 2842 St. Petersburg, Florida 33731-2842 Dear Mr. Winn: On behalf of the City of St. Petersburg, you have asked for my opinion on substantially the following question: May the City of St. Petersburg enter into multi-year contracts that extend beyond the term of the present city commission without violating the State Constitution or Florida Statutes According to your letter, the City of St. Petersburg has...
Mr. Frank Kruppenbacher Apopka City Attorney Post Office Box 3471 Orlando, Florida 32802-3471 Dear Mr. Kruppenbacher: On behalf of the Apopka City Commission, you ask the following question: May the City Commission for the City of Apopka approve a private gated driveway that would run between two public streets where only a limited number of residences would have access to the gate and the two public streets would continue to have public access from other points You have advised this office...
Mr. David Wagner Alachua County Attorney Post Office Box 2877 Gainesville, Florida 32602-2877 Dear Mr. Wagner: You ask substantially the following questions: 1. May a charter county enact an ordinance to extend the limits of confinement beyond those enumerated in section 951.24 , Florida Statutes, to allow a county prisoner to participate in a drug or alcohol abuse treatment program in which the inmate is not confined to the county jail 2. May the county ordinance extend the limits of...
The Honorable Ralph L. Johnson Sheriff, Walton County 72 North Sixth Street DeFuniak Springs, Florida 32433 Dear Sheriff Johnson: You ask substantially the following question: Does section 790.08 , Florida Statutes, permit the sheriff's department to legally return a weapon to its former owner after the six-month period for claiming the weapon has passed and ownership of the weapon has been forfeited to the state pursuant to that statute Section 790.08 , Florida Statutes, requires officers...
Mr. Rob Wolfe Assistant County Attorney Monroe County Attorney's Office Post Office Box 1026 Key West, Florida 33041-1026 Ms. Nina L. Boniske Marathon City Attorney and Village Attorney for Islamorada and Village of Islands 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 Dear Mr. Wolfe and Ms. Boniske: On behalf of the Monroe County Board of County Commissioners, the City of Marathon, the Village of Islamorada and the Village of Islands, you ask substantially the following question:...
Mr. David C. Holloman Arcadia City Attorney Post Office Drawer 592 Arcadia, Florida 34265-0592 Dear Mr. Holloman: On behalf of the City Council of the City of Arcadia, you have requested my opinion on the following questions: 1. Is the City of Arcadia authorized to pay, pursuant to the provisions of section 112.048 , Florida Statutes, retirement benefits to a former city council member who served in that capacity for twenty-two years and then was defeated for an additional term of office 2. If...
Mr. William O. Monroe Auditor General G74 Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Dear Mr. Monroe: You ask my opinion on the following questions: 1. Is a state employee who volunteers for military active duty other than for training pursuant to the provisions of 10 United States Code section 12301(d) required to be placed on military leave by section 115.14 , Florida Statutes, or any other provision of state or federal law, until separation from the...
The Honorable Karleen De Blaker Pinellas County Clerk of Circuit Court 315 Court Street Clearwater, Florida 33756-5165 Dear Ms. De Blaker: You have asked for my opinion on substantially the following questions: 1. May a clerk of court examine supporting material and verify records when performing an audit of guardianship files pursuant to section 744.368 (3), Florida Statutes 2. If examination of supporting information is appropriate, may a clerk seek these materials from prior years 3. Are...
Ms. JulieAnn Rico Allison Chief Counsel School Board of Palm Beach County 3318 Forest Hill Boulevard, C-302 West Palm Beach, Florida 33406-5813 Dear Ms. Allison: On behalf of the School Board of Palm Beach County you ask the following questions: 1. Is the treatment of an out-of-school disciplinary suspension as an "unexcused absence" with an academic penalty imposed pursuant to section 1003.26 (1)(a), Florida Statutes, inconsistent with section 1003.33 (1)(b), Florida Statutes, requiring that...
Ms. Diane Carr Secretary, Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0750 Attention: Eric R. Hurst Assistant General Counsel Dear Secretary Carr: You have asked for my opinion on substantially the following questions: 1. Is the Division of Alcoholic Beverages and Tobacco prohibited by section 455.229 (1), Florida Statutes, from providing copies of financial documents in response to a request for public records when those records are...
Mr. William O. Monroe Auditor General G74 Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Dear Mr. Monroe: You ask the following questions: 1. Does Section 112.061 , Florida Statutes, authorize agency heads, absent specific statutory authority, to expend public funds for the transportation of a traveler by other than the most economical class of travel, such as for additional costs that may be incurred for first or business class air travel 2. Is the agency head...
