Dear Mr. Turner: As the City Manager for the City of Venice, Florida, you have asked for my opinion on substantially the following question: Are personal notes, taken by a city employee in the course of conducting his official duties and made for the purpose of assisting him in remembering matters discussed, public records subject to public disclosure In sum: Personal notes, taken in the course of conducting official business by a public employee, are not public records subject to the...
Dear Mr. Wolpin: On behalf of the Mayor and City Commission of the City of Aventura, you have asked for my opinion on several questions involving the Mark Wandall Traffic Safety Act which authorizes municipalities to enforce red light violations with the use of traffic cameras. Your questions are substantially as follows: Pursuant to Chapter 2010-80 , Laws of Florida, is the City of Aventura authorized to: 1. Issue a uniform traffic citation immediately where a registered owner has failed to...
Dear Chief Thorne: As the Chief of Police for Springfield, Florida, you have asked for my opinion on substantially the following question: Does Chapter 2010-188 , Laws of Florida, require all law enforcement officers who are likely to work in the city's dispatch center and serve as a call-taker and dispatcher of 9-1-1 calls to be trained and certified In sum: Pursuant to section 401.465 (2)(a), Florida Statutes (2010), any public agency employee whose duties and responsibilities include...
Dear Mr. Arline: As County Attorney for Bay County, Florida, you have asked for my opinion on substantially the following question: Can a county require contractors qualified by the Florida Department of Transportation pursuant to section 337.14 , Florida Statutes, to possess additional contracting licenses (such as Chapter 489 licenses) as a condition to qualifying to contract for local government entity bridge, road, street, highway, or railroad construction projects In sum: Bay County may...
Dear Mr. Knox: On behalf of the Board of County Commissioners of Brevard County, you have asked for my opinion on substantially the following question: Do the provisions of Part I, Chapter 162 , Florida Statutes, preempt or otherwise operate to prevent Brevard County from adopting an ordinance defining the term "violator" to include property owners when ordinance violations exist on or at their properties, but are caused or allowed to be caused by tenants residing at those properties In sum:...
Dear Mr. Groot: On behalf of the City of Sanford Commission, you ask substantially the following question: May the City of Sanford's Community Redevelopment Agency expend funds for festivals or street parties designed to promote tourism and economic development, advertisements for such events, grants to entities which promote tourism and economic development, and grants to non-profit entities providing socially beneficial programs In sum: Promoting the use of a redeveloped area would appear to...
Dear Ms. Mackenzie-Smith: At the request of a majority of the members of the Board of County Commissioners of St. Lucie County you have asked for my opinion on substantially the following question: Whether meetings of the Solar and Energy Loan Fund of St. Lucie County, Inc., are subject to the open meetings requirement of section 286.011 , Florida Statutes, Florida's Government in the Sunshine Law. In sum: Meetings of the Solar and Energy Loan Fund of St. Lucie County, Inc., are subject to...
Dear Ms. Hernandez: On behalf of a majority of the members of the City of Coral Gables City Commission, you ask the following question: May the City Commission adopt an ordinance for the city's retirement board declaring that the requirements to create a quorum are met if the members of the board appear via electronic means In sum: The Coral Gables City Commission may not adopt an ordinance allowing members of the city's retirement board to appear by electronic means to constitute a quorum....
Dear Mr. King: You have asked substantially the following question: Are meetings of a subcommittee of a private not-for-profit economic development council subject to section 286.011 , Florida Statutes, the Government in the Sunshine Law In sum: Meetings of the subcommittees of the Lake County Economic Development Advisory Council are subject to section 286.011 , Florida Statutes, the Government in the Sunshine Law. According to information submitted to this office, the Economic Development...
Dear Ms. Blair: On behalf of the City Commission of the City of Wildwood, you have been asked to request my opinion on substantially the following questions: 1. Whether impact fees collected by the City of Wildwood for purposes of expanding a particular utility service such as refuse/garbage collection may be used for another utility service which generally benefits the subject property which paid the impact fees 2. Whether the City of Wildwood must return impact fees which have been collected...
Dear Mr. Harmon: On behalf of the Florida Mobile Home Relocation Corporation, you ask substantially the following question: Is the Florida Mobile Home Relocation Corporation required to engage in rulemaking pursuant to Chapter 120 , Florida Statutes, in its adoption of bylaws pursuant to section 723.0611 (3)(a), Florida Statutes In sum: Generally, bylaws adopted by the Florida Mobile Home Relocation Corporation are not required to be promulgated as rules pursuant to Chapter 120 , Florida...
Dear Mr. Marko: At the request of the School Board of Broward County, you have asked for my opinion on substantially the following question: Whether section 1006.07 (2), Florida Statutes, would authorize the School Board of Broward County to place the student code of conduct on-line in lieu of the current distribution of printed copies to students and parents In sum: In the absence of a statutory provision setting forth the method for distributing a school district code of student conduct, the...
Dear Mr. Thomas: On behalf of the North Broward Hospital District, you ask substantially the following question: May the North Broward Hospital District lease radiation oncology equipment and space to a limited liability company composed of a partnership between a wholly-owned, not-for-profit subsidiary of the district and a private for-profit medical provider without violating Article VII , section 10 , Florida Constitution In sum: The partnership between a wholly-owned, not-for-profit...
Dear Mr. Reischmann: As City Attorney for the City of Palm Coast, you have asked for my opinion on substantially the following questions: 1. Whether the provisions relating to the exempt and confidential nature of social security numbers held by a public agency in subparagraphs 119.071(5)(a)6. and (5)(a)7., Florida Statutes, are in conflict 2. Whether the City of Palm Coast may deny a request for social security numbers from a commercial entity pursuant to section 119.071 (5)(a)7., Florida...
Dear Ms. Smith: As Public Defender for the Twentieth Judicial Circuit of Florida, you have requested my opinion on substantially the following questions: 1. Whether the Public Defender may reduce the maximum payout of 480 hours in its policy for sick leave payout upon termination, notwithstanding the provisions of section 110.122 , Florida Statutes. 2. If the answer to Question One is in the affirmative, will such a change include employees hired prior to the implementation of such change In...
Dear Chief Chudnow: You have asked for my opinion on substantially the following question: Pursuant to section 561.25 , Florida Statutes, may a law enforcement officer, employed by the Oviedo Police Department, serve or sell alcoholic beverages as an unpaid volunteer at activities or functions which occur at a licensed alcoholic beverage establishment In sum: Section 561.25 (1), Florida Statutes, would prohibit a municipal law enforcement officer employed by the Oviedo Police Department from...
Dear Ms. Boutsis: On behalf of the Village of Palmetto Bay, you ask substantially the following question: Does section 380.06 , Florida Statutes, as amended by Chapter 2010-147 , Laws of Florida, apply to building permits issued by the village In sum: Section 380.06 , Florida Statutes, as amended by Chapter 2010-147 , Laws of Florida, applies to building permits issued by a local government with expiration dates between September 1, 2008, and January 1, 2012. Section 380.06 , Florida Statutes,...
Dear Ms. Steckler: You ask substantially the following question: May confidential information received by the county's inspector general pursuant to the county's whistle-blower's act be shared with the county's ethics commission without violating the confidentiality provisions of the whistle-blower's act In sum: Confidential information received by the county's inspector general pursuant to the county's whistle-blower's act may be shared with the county's ethics commission only for the purpose...
Dear Mr. DeMarois: As Chairman of the Board of Supervisors of the Loxahatchee Groves Water Control District and on behalf of a majority of the members of the board, you have asked for my opinion on substantially the following question: Whether section 95.361 , Florida Statutes, may be utilized to establish a presumption of dedication of certain roads to the Loxahatchee Groves Water Control District. In sum: Section 95.361 , Florida Statutes, may not be utilized by a special district, such as...
Dear Mr. Knox: On behalf of the Brevard County Commission, you ask substantially the following question: Does section 125.355 , Florida Statutes, require an extraordinary vote of the Brevard County Commission to approve the purchase of real property acquired through the Stan Mayfield Working Waterfronts Program 1 In sum: To the extent the Brevard County Commission must vote to approve the purchase of real property acquired through the Stan Mayfield Working Waterfronts Program, the provisions...
