Dear Ms. Coffman: On behalf of the Palm Beach County Clerk of Courts and Comptroller, you ask substantially the following question: Does the amendment to section 27.562 , Florida Statutes, by Chapter 04-265, Laws of Florida, create a $40 distribution to the Indigent Criminal Defense Trust Fund that is in addition to the $40 application fee assessment that must be distributed to the Indigent Criminal Defense Trust Fund under section 27.52 , Florida Statutes You state that the Office of the...
Dear Mr. Steinfield: On behalf of the City of Margate, you substantially ask the following question: Does section 386.209 , Florida Statutes, prohibit a municipality from regulating smoking in a public park Chapter 386 , Florida Statutes, expresses the Legislature's intent to "protect people from the health hazards of second-hand tobacco smoke and to implement the Florida health initiative in s. 20, Art. X of the State Constitution." 1 While the title of the act would presumably lead one to...
The Honorable David R. Ellspermann Clerk of the Circuit Court Marion County Post Office Box 1030 Ocala, Florida 34478-1030 Dear Mr. Ellspermann: You ask substantially the following question: Does a "Designation of Homestead" or "Head of Family Affidavit" created by an individual and offered for recording in the Official Records comply with the statutory requirements for recording under Florida law You have provided copies of a "Designation of Homestead" and a "Head of Family Affidavit" that...
RE: MUNICIPALITIES — DEPARTMENT OF ENVIRONMENTAL PROTECTION — DOCKS — VESSELS — BOATS — PERMITS — authority of municipality to regulate docking facilities. s. 403.813 , Fla. Stat. Ms. Patricia Saint Vil-Joseph Interim North Miami City Attorney 776 Northeast 125th Street Post Office Box 610850 North Miami, Florida 33261-0850 Dear Ms. Saint Vil-Joseph: As City Attorney for the City of North Miami, you have asked substantially the following question: Does section 403.813 (2)(s), Florida Statutes,...
Mr. Ronald Brown Attorney for the St. Johns County Clerk of the Court 66 Cuna Street, Suite A St. Augustine, Florida 32084 Dear Mr. Brown: You ask, on behalf of the St. Johns County Clerk, substantially the following question: May the county use the building permit and inspection fees imposed pursuant to section 125.56 , Florida Statutes, to either rent or construct a building that would house the county's building department The clerk asks this question in his capacity as "clerk and...
Mr. Robert K. Robinson North Port City Attorney 2750 Ringling Boulevard, Suite 3 Sarasota, Florida 34237 Dear Mr. Robinson: As City Attorney for the City of North Port, you have asked for my opinion on substantially the following question: Does Florida's Public Records Law preclude the City of North Port from requiring use of a code in order for citizens to view the email correspondence of the city's police department and human resources department According to your letter, the City of North...
Dr. Robert Hodges Chair, Florida Child Abuse Death Review Team 4052 Bald Cypress Way, BIN A06 Tallahassee, Florida 32399-1700 Dear Dr. Hodges: On behalf of the State Child Abuse Death Review Committee, you ask substantially the following question: In light of the repeal of section 383.410, Florida Statutes, which provided for the confidentiality of information obtained by the state or local child abuse death review committee, would the confidentiality provisions of 42 United States Code 5106a...
Ms. Elizabeth M. Hernandez Coral Gables City Attorney Post Office Box 141549 Coral Gables, Florida 33114-1549 Dear Ms. Hernandez: You ask the following question: May the City of Coral Gables require persons who wish to attend public meetings of its boards held in facilities where sensitive documents may be stored to present identification as a condition of attendance You state that the city has established a number of public boards that are subject to the provisions of the Government in the...
Dear Ms. Faux: You ask substantially the following question: Is a parking garage owned by the State of Florida but leased to a municipality that has sublet spaces to private individuals subject to ad valorem taxation It appears that you are inquiring about the taxability of the property itself. Florida follows the general rule that the state is immune from taxation and taxes may not be imposed upon the agencies or instrumentalities of the state unless they are specifically made subject to...
Dear Mr. Gilreath: As Property Appraiser for Volusia County, you have asked for my opinion on substantially the following question: Should a county property appraiser grant homestead exemptions to both applicants when a married woman and her husband own two separate residences and have applied for separate homestead exemptions under Article VII , section 6 , Florida Constitution Article VII , section 6 , Florida Constitution, provides: "(a) Every person who has the legal or equitable title to...
Dear Mr. Battista: On behalf of the Citrus County Board of County Commissioners, you have asked for my opinion on substantially the following questions: 1. Is Citrus County prohibited, pursuant to Chapter 327 , Florida Statutes, and Chapter 68D-23, Florida Administrative Code, from adopting an ordinance creating a boating restricted area near residential properties for the purpose of vessel noise abatement under the county's police power to protect the health, safety and welfare of those...
Mr. W. Nelon Kirkland Attorney for the Manatee County Property Appraiser Post Office Box 400 Bradenton, Florida 34206-400 Dear Mr. Kirkland: On behalf of the Honorable Charles E. Hackney, Manatee County Property Appraiser, you ask substantially the following questions: 1. May a property appraiser enter into an agreement with a private company to provide public records, excluding exempt or confidential information, to such company which will then repackage the information and provide the...
Mr. Garth C. Coller Hernando County Attorney 20 North Main Street, Suite 462 Brooksville, Florida 34601 Dear Mr. Coller: On behalf of the Board of County Commissioners for Hernando County, you ask substantially the following question: May a board of county commissioners on its own motion vacate easements or rights-of-way that are dedicated by plat to the public You state that this question has arisen as a result of the application of one lot owner in a subdivision asking the county to vacate a...
Dear Mayor Gaul: On behalf of the Town Commission for the Town of Melbourne Village, you ask substantially the following questions: 1. May a member of the town commission serve on a town committee that has purely advisory duties or ministerial duties to carry out decisions previously made by the commission 2. May a member of the town commission serve on a town committee that makes findings of fact regarding individual applications 3. May a town commissioner serve on a town committee that...
Dear Mr. Obos: On behalf of the Sheriff of Bay County you ask substantially the following question: How may the sheriff determine the priority of lienholders when distributing moneys received from the levy and sale of real property at a sheriff's sale The sheriff is concerned about his liability for improperly disbursing moneys received from the levy and sale of real property, in light of section 30.17(4), Florida Statutes, directing sheriffs to cease maintaining a docket of writs of execution...
Mr. Stephen P. Lee Deputy Seminole County Attorney 1101 East First Street Sanford, Florida 32771-1468 Dear Mr. Lee: On behalf of Seminole County, you ask substantially the following questions: 1) May the county require the annual inspection of fire hydrants located within the county 2) Who is responsible for the annual inspection of the fire hydrants As your questions are interrelated, they will be answered together. Section 633.025 (1), Florida Statutes, provides that the Florida Fire...
Dear Senator Posey: You have expressed your concerns regarding the application of the federal Law Enforcement Officers Safety Act of 2004. Specifically, you ask: Whether the State of Florida has statewide qualifications and training standards for active law enforcement officers to carry firearms and, if not, whether a retired law enforcement officer may carry a concealed weapon pursuant to the federal act In July 2004 President Bush signed into law House Resolution 218, the Law Enforcement...
Dear Mr. Meadows: On behalf of the Florida Keys Mosquito Control District, you have asked for my opinion on substantially the following question: Is the Florida Keys Mosquito Control District authorized to reduce or compromise a lien held by the district According to information you have provided to this office, the Florida Keys Mosquito Control District currently holds a lien against an employee of the district. The board of the district is considering accepting a lesser amount than is owed...
Mr. Robert K. Robinson North Port City Attorney 2750 Ringling Boulevard, Suite 3 Sarasota, Florida 34237 Dear Mr. Robinson: On behalf of the City of North Port and the Chief of Police, you ask substantially the following question: Is an advisory group created by the chief of police to make recommendations to him regarding various issues affecting the police department subject to the Government in the Sunshine Law You state that the Chief of Police of the City of North Port has convened a group...
Chief Thomas A. Magill Hallandale Beach Police Department 400 South Federal Highway Hallandale Beach, Florida 33009-6433 Dear Chief Magill: You ask substantially the following question: May the City of Hallandale Beach provide police services to the City of Westpark According to your letter, the new City of Westpark has inquired whether the City of Hallandale Beach could provide police services to Westpark. You are aware of Attorney General Opinion 96-78, which concluded that there was no...
