QUESTIONS: 1. Do the provisions of s. 11.45 (3)(a), F.S., as amended by Ch. 73-234, Laws of Florida, require that the Brevard Mosquito Control District retain an independent certified public accountant to conduct an annual postaudit of its accounts and records in the absence of prior notification that the Auditor General shall conduct such audit 2. If the answer to question 1 is in the affirmative, are the provisions of s. 11.45 (3)(a) retroactive and therefore applicable to fiscal years...
QUESTION: Does the exemption from the payment of tolls on bridges and ferries granted by s. 347.19(2), F.S., apply to vehicles driven by clergymen and preachers as well as to the clergymen and preachers themselves SUMMARY: The exemption from the payment of tolls on bridges and ferries granted by s. 347.19(2), F.S., applies to vehicles driven by clergymen and preachers of the gospel across the bridge or onto the ferry as well as to the clergymen and preachers themselves when traveling alone. If...
QUESTION: May a county establish reduced speed limits and impose requirements for the posting of such speed limits on state roads SUMMARY: Counties may not establish speed limits and impose requirements for the posting of such speed limits on state roads. Section 316.006 (3), F.S., gives counties "original jurisdiction over all streets and highways located within their boundaries except state roads, . . . ." (Emphasis supplied.) Section 316.006 (1), F.S., gives the Department of Transportation...
QUESTIONS: 1. Are attorneys for the Department of Business Regulation permitted to represent individual employees of the department before legislative committees where there have been no allegations of misconduct in office lodged against the employee 2. Should attorneys for the Department of Business Regulation under the direct supervision of personnel under subpoena be permitted to represent other individual employees of the department during proceedings authorized by the house rules SUMMARY:...
QUESTION: May the governing board of Central and Southern Florida Flood Control District employ persons to act as hearing examiners on a case-by-case basis for a period terminating December 31, 1976, pursuant to Ch. 120 , F.S. (1974 Supp.) SUMMARY: Pursuant to s. 120.57 (1)(b), F.S., the governing board of Central and Southern Florida Flood Control District may employ a person on a part-time basis as a hearing officer until December 31, 1976. According to the facts submitted, the district...
QUESTIONS: 1. May the Division of Corrections forcibly treat an inmate patient who has refused medical or surgical treatment deemed necessary to save the inmate's life 2. May the Division of Corrections render lifesaving medical or surgical treatment to an inmate patient who is unable to give an informed consent for such treatment due to unconsciousness or some other similar type of temporary mental incapacity SUMMARY: The Division of Corrections may not forcibly treat an inmate patient who...
QUESTION: May a municipality exempt from the public service tax under the provisions of s. 166.231 (4), F.S., nonprofit organizations that are not recognized churches SUMMARY: Under the provisions of s. 166.231 (4), F.S., a municipality may not exempt from the public service tax nonprofit corporations or organizations that are not recognized churches in this state. At the outset, it should be pointed out that this opinion is directed solely to the question of whether a municipality may exempt...
QUESTION: Does the fact that three of the five members of the Board of Directors of the Downtown Development Authority of the City of Fort Lauderdale are personally interested in a question coming before the board prevent the existence of a quorum of the board so that the two disinterested members may not conduct business SUMMARY: Under Florida law, although a member of the Downtown Development Authority of the City of Fort Lauderdale may abstain from voting on a question in which he is...
QUESTION: May a board of county commissioners employ the wife of a county court judge to serve as secretary to such judge at no salary or at a nominal salary SUMMARY: A board of county commissioners has no authority to employ the wife of a county court judge to serve as his secretary, either with or without compensation. Your question is answered in the negative. While the Antinepotism Law, s. 116.111, F.S., would not prohibit the employment by the county commissioners of a relative of an...
QUESTION: Does each state licensing board have the responsibility, based on nationwide examination case law, to provide assurance that their examinations meet professionally acceptable standards for examinations SUMMARY: State administrative boards listed at s. 455.01 , F.S., have no statutory duty or responsibility to require that their examinations meet the professional standards for examinations prescribed by the American Psychological Association's Standards for Educational and...
QUESTION: What is the effect if one municipality annexes territory and, thereafter, the Legislature creates a new municipality encompassing some of the same territory as annexed by the first municipality SUMMARY: Although the binding resolution of this issue must be achieved within the context of appropriate judicial proceedings, it would appear from applicable judicial precedents that the boundaries of the City of Sanford, to the extent they overlap the boundaries of the City of Lake Mary, as...
QUESTION: May a school district use public funds for the purchase of long-term or short-term disability income protection insurance for its employees SUMMARY: Under s. 112.12, F.S., a school district may use public funds to provide group health insurance coverage for its officers and employees, including disability benefits for loss of earning capacity. Prior to its amendment by Ch. 74-139, Laws of Florida, s. 112.12, F.S., authorized a district school board (or other governmental units...
QUESTION: Is there a conflict between an informal opinion issued by this office to the Honorable Harold M. Wayne dated December 30, 1974, and AGO 074-325 concerning the question of whether or not an ex-serviceman who is disabled to a degree of 10 percent or more and who qualifies for the exemption of s. 196.202 , F.S., by meeting the requirements of s. 196.24 , F.S., thereby qualifies for the additional homestead exemption granted by s. 1, Ch. 74-264, Laws of Florida [s. 196.031 (3), F.S. (1974...
QUESTION: May a municipal governing body borrow money to pay the general operating expenses of the municipality SUMMARY: Subject to constitutional limitations, a municipality may borrow money for the purpose of financing any governmental undertaking approved by its governing body. Section 166.111 , F.S., of the Municipal Home Rule Powers Act, provides as follows: The governing body of every municipality may borrow money, contract loans, and issue bonds as defined in s. 166.101 from time to...
QUESTION: Should a county property appraiser grant homestead exemption to both applicants when a married woman and her husband own two separate residences, both as tenants by the entireties, and the married woman is separated from her husband and living and making her permanent home in one of the residences and her husband is living and making his permanent home in the other and both timely filed for homestead exemption SUMMARY: A married woman and her husband may establish separate permanent...
QUESTION: Does a state attorney have the authority or duty to secure the appearance of witnesses at the noncriminal hearings provided for in the new statute decriminalizing certain traffic offenses SUMMARY: Whenever the state is a party to any traffic infraction proceeding pursuant to Ch. 74-377, Laws of Florida, the state attorney has the authority and duty to secure the appearance of witnesses required on behalf of the State at noncriminal hearings provided for in the Florida Uniform...
QUESTIONS: 1. Does s. 768.28 , F.S., modify s. 234.03, F.S., to subject district school boards to the risk of liability for damages to pupils while passengers on school buses in the amount of $50,000 per pupil and $100,000 per occurrence and to authorize school boards to purchase insurance in the amount of $50,000 per pupil and $100,000 per occurrence 2. Must a claimant comply with the procedures required by subsections (6) and (7) of s. 768.28 , F.S., for presenting claims to and instituting...
QUESTIONS: 1. May the Santa Rosa Hospital offer a discount to a cash-paying patient in order to encourage payment at time of service 2. May the Santa Rosa Hospital charge a penalty for balances not paid at the end of the month, as other businesses do 3. May the Santa Rosa Hospital have an established system of having the amount of a bill increase over a 3-6 months' period if not paid, similar to that used by the county tax officers SUMMARY: The Santa Rosa Hospital lacks the legislative...
QUESTIONS: 1. May the posting of a copy of a marriage license application pursuant to s. 741.04 , F.S. (1974 Supp.), be at the front door of the branch office in a county which has authorized a branch circuit court clerk's office 2. May the circuit court clerk assess a fee for verification pursuant to s. 28.24 (3), F.S., when he certifies a photocopy of an instrument SUMMARY: The posting of a copy of a marriage license application pursuant to s. 741.04 , F.S. (1974 Supp.), must be at the...
QUESTIONS: 1. Is interest accruing from the investment of county funds (general fund, road and bridge fund, fine and forfeiture fund, etc.) which are in the custody of a clerk of the circuit court in his capacity as custodian of county funds, Art. VIII, s. 1(d), State Const., to be deemed income of the office of such clerk pursuant to s. 28.33 , F.S. 2. What is the duty of the clerk of the circuit court pursuant to s. 28.33 , F.S., to invest moneys deposited in the registry of the court 3....
