Dear Chief Williams: As Chief of Police for the City of Venice Police Department, you ask substantially the following questions: 1) Who is included within the exemption afforded by section 119.071 (4)(d)1., Florida Statutes 2) What limitations are placed upon the chief of police regarding the release of photographs of the police department's law enforcement officers and employees Question One Section 119.071 (4)(d)1., Florida Statutes, provides in pertinent part: "The home addresses,...
Dear Ms. Parrish: You ask substantially the following question: May an educational institution receive an ad valorem taxation exemption pursuant to section 196.198 , Florida Statutes, on improved real property which is partially leased at market rate to non-exempt commercial parties whose use is unrelated to educational purposes You state that a for-profit educational institution owns a parcel of land improved with a ten-story building. 1 The first two floors are leased at the market rate to...
Dear Mr. Swaine: On behalf of the Sebring Airport Authority Board, you have asked for my opinion on substantially the following questions: 1. Is the Sebring Airport Authority authorized to enter into multiple continuing contracts for professional services pursuant to section 287.055 , Florida Statutes 2. To comply with the purchasing and bidding requirements of the Authority's special act, can the Sebring Airport Authority request those same service providers to bid on each subsequent project...
Dear Mr. Gooding: On behalf of the Ocala City Council, you ask the following question: Is the City of Ocala authorized to lease property at the city airport for a term of more than 30 years for non-aeronautic purposes You state that the Ocala International Airport is a general aviation facility that is publicly owned and operated by the City of Ocala. The city is considering leasing portions of the airport to private entities for non-aeronautic purposes, including the construction of...
Dear Mr. Jove: As City Attorney for the City of Hallandale Beach, you have asked for my opinion on substantially the following question: Does section 506.5131 , Florida Statutes, preempt local legislation requiring a business owner to submit a prevention and retrieval plan to the city for shopping carts and imposing a monetary penalty for failing to submit such a plan Sections 506.501 — 506.519 , Florida Statutes, are the "Carts, Cases, Baskets, Boxes, and Containers Act." 1 Section 506.513 ,...
Dear Mr. Driscoll: On behalf of the St. Pete Beach City Commission, you ask substantially the following question: May city commissioners, outside a public meeting, exchange documents that they wish other members of the commission to consider on matters coming before the commission for official action, and if so, what limitations exist You have not provided this office with any specific facts; therefore, my comments must be general in nature. Florida's Government in the Sunshine Law, section...
Dear Ms. Akin: As attorney for the City of Clearwater, Florida, you have asked for my opinion on substantially the following question: Does section 316.2045 (3), Florida Statutes, as amended by Chapter 2007-43 , Laws of Florida, preempt a City of Clearwater ordinance prohibiting the solicitation of donations for charitable, religious, educational, benevolent, or any other purposes The City of Clearwater prohibits, by ordinance, anyone from approaching a motor vehicle being operated on a...
Dear Mr. Jarret: You have asked for my opinion on substantially the following questions: 1. Whether the Polk County Charter may be amended to limit the power of the county and each of the county's incorporated municipalities to increase the current total residential density allocation 2. Whether Article VIII , section 4 , Florida Constitution, requires dual referenda conducted by both the county and the individual municipalities to amend the Polk County Charter to provide for countywide...
Dear Mr. Leggio: On behalf of the Fernandina Beach City Commission, you ask the following question: May the request by the attorney for an entity to meet in private pursuant to section 286.011 (8), Florida Statutes, be made during a special meeting Section 286.011 , Florida Statutes, requires governmental boards or commissions to conduct their business at open public meetings. 1 The Legislature, however, has created a limited exception for attorney-client discussions. 2 Section 286.011 (8),...
Dear Sheriff Hall: You ask substantially the following question: In a juvenile misdemeanor case, is the sheriff's office required to reveal the names and addresses of the parents of the juvenile offender when asked for in a public records request You state that there has been some confusion over the release of information pertaining to a juvenile's misdemeanor file. Juvenile offender records traditionally have been treated differently from other records in the criminal justice system and, with...
Dear Mr. Cox: You ask substantially the following questions: 1. May the Hillsborough County Public Transportation Commission require taxicab companies to equip a specified percentage of their fleet as wheelchair accessible vehicles 2. If not, may the HCPTC allow regulatory incentives to companies that equip vehicles within their permitted fleet as wheelchair accessible vehicles Question One The Hillsborough County Public Transportation Commission (HCPTC) is an independent special district...
Dear Mr. Blossom: On behalf of the City of Deltona, you ask substantially the following questions: 1. Upon receipt of a petition for voluntary annexation pursuant to section 171.044 , Florida Statutes, may the city consider whether the proposed annexation would provide a "net benefit" to the city 2. May a property owner who has petitioned for voluntary annexation appeal a denial pursuant to section 171.081 , Florida Statutes Question One Chapter 171 , Florida Statutes, is the "Municipal...
Dear Ms. Holley and Ms. Lander: You have asked substantially the following question: What procedure is available for the disposition of tax certificates held by a private individual on real property to which the county acquired title subsequent to the issuance of the tax certificates You state that the county has acquired title to real property subject to tax certificates held by private individuals. There appears to be a discrepancy in the time frame the tax certificates may have been issued....
Dear Mr. Goolsby: As the Hamilton County Property Appraiser, you ask the following questions: 1) In order to be eligible for the homestead exemption provided for in section 196.081 (1), Florida Statutes, must a veteran hold title to the property, either in his or her name or together with his or her spouse, on January 1 of the tax year for which the exemption is claimed 2) May the surviving spouse of a veteran claim any carry-over benefit of the exemption provided in section 196.081 (3),...
Dear Ms. Hawkins: On behalf of the Lee County School Board you have asked for my opinion on substantially the following question: Pursuant to section 1013.45 , Florida Statutes, may the school board enter into a contract with a construction management or program management entity and subsequently obtain a guaranteed maximum price or a guaranteed completion date in light of Attorney General Opinion 2007-12, which stated that a guaranteed maximum price or a guaranteed completion date may only be...
Dear Mr. Pritt: On behalf of the Naples City Council, you ask substantially the following questions: 1) May the Naples City Council, by ordinance, amend the Naples City Charter to change the date of the regular municipal election date from the first Tuesday in February of each even numbered year to a date that corresponds with the State of Florida Presidential Primary every four (4) years 2) May the Naples City Council, by ordinance, amend the Naples City Charter to provide for a special...
Dear Ms. Hernandez You have asked substantially the following question: Does the exemption for retrofitting condominiums with fire sprinkler systems in section 718.112 (2)(l), Florida Statutes, apply to residential condominium units located in a mixed-use high rise building You state that the David Williams Hotel and Condominium is an existing twelve-story mixed-use building over seventy-five feet in height. It consists of residential condominium units, hotel units, and a restaurant with a 104...
Dear Ms. Menendez: You have asked substantially the following question: Does the use of a construction manager at risk or program manager at risk contract for the design and construction of a multi-phase project comply with section 287.055 (9)(c), Florida Statutes, when each phase of the project is separately negotiated for a guaranteed maximum price and completion date You state that the city entered into a utility expansion project in the early 1990's, using a design-bid-build approach which,...
Dear Mr. Stewart: At the direction of the City Commission of the City of Fort Lauderdale, you have requested my opinion on substantially the following questions: 1. Is the City Commission of the City of Fort Lauderdale authorized, pursuant to its municipal home rule powers, to adopt an ordinance regulating the solicitation or acceptance of charitable donations by members of the city commission 2. Is the City Commission of the City of Fort Lauderdale authorized to adopt an ordinance requiring...
Dear Mr. Brady: On behalf of the Lauderdale Lakes City Commission, you ask substantially the following question: May the Lauderdale Lakes City Charter be amended by ordinance to change the date of the organizational meeting of the city commission According to your letter, the City of Lauderdale Lakes was incorporated in 1961 by Chapter 61-2386, Laws of Florida. 1 Section 3.09 of the city charter provides for an organizational meeting in March at which time a vice-mayor is selected. You state...
