Mr. Larry Gonzalez, Secretary Department of Professional Regulation 1940 North Monroe Street Northwood Centre Tallahassee, Florida 32399-0750 William F. Robinson, D.D.S. Chairman, Board of Dentistry Department of Professional Regulation 1940 North Monroe Street Northwood Centre Tallahassee, Florida 32399-0750 Dear Sirs: You ask substantially the following questions: 1) May the Board of Dentistry participate in the creation of a not-for-profit corporation whose purpose is to develop, design and...
Mr. Stephen C. Fredrickson Division of Legal Services Department of Insurance 412 Larson Building Tallahassee, Florida 32399-0300 Dear Mr. Fredrickson: You have asked on behalf of the Florida Bail bond Regulatory Board (board) substantially the following questions: 1. May the board adjourn a properly noticed meeting and, without further publication of notice, reconvene within seven days in order to complete business from the agenda of the adjourned meeting 2. If there is no quorum of the board'...
Mr. Julio J. Martinez, Chairman Task Force Committee on Towing Department of Highway Safety And Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399-0500 Dear Mr. Martinez:, You have asked on behalf of the Task Force Committee on Towing substantially the following questions: 1. May a motor vehicle storage or towing company refuse to release personal property contained in a vehicle which is being towed or stored until payment is received for the towing or storage 2. If not, what...
The Honorable Winston W. Gardner, Jr. Senator, District 17 862 Dixon Boulevard Cocoa, Florida 32922 Dear Senator Gardner: You have asked for my opinion on substantially the following questions: 1. Is the use of a live animal in the training of racing greyhounds a violation of s. 828.122 (3), F.S., or does the exemption contained in subsection (7) for recognized training techniques nullify the specific prohibition contained in subsection (3) 2. Is the killing of an animal for the purpose of...
The Honorable T.J. "Jerry" Greeson Clerk of the Circuit Court Nassau County Post Office Box 456 Fernandina Beach, Florida 32034 Dear Mr. Greeson: You have asked substantially the following questions: 1. May the clerk hold a judicial sale pursuant to s. 45.031 , F.S., without possessing the uniform affidavit of proof of publication required under s. 50.031 , F.S. 2. If so, what must the clerk of court do to assure that the notice requirements in s. 45.031 , F.S., have been met In sum, I am of...
Mr. Raymond Rea City Attorney City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Dear Mr. Rea: You ask substantially the following question: What is the effect of the Municipal Home Rule Powers Act on that part of the City of Boynton Beach Charter which provides for citizens' initiatives and referenda for the adoption of ordinances In sum, I am of the opinion: Those provisions of the city charter relating to citizens initiatives and referenda for the adoption of...
Mr. Larry Haag Citrus County Property Appraiser 107 North Park Avenue, Suite 8 Inverness, Florida 32650 Dear Mr. Haag: You ask substantially the following question: May the board of county commissioners charge less than the 15 cents per page specified in Ch. 90-43, Laws of Florida In sum: When imposing a charge for copies of public records, the board of county commissioners must charge a fee of 15 cents for duplicated copies of not more than 14 inches by 8 1/2 inches and for all other copies,...
Mr. Jon M. Henning City Attorney City of Sunrise 10770 West Oakland Park Boulevard Sunrise, Florida 33351 Dear Mr. Henning: You have asked for my opinion on substantially the following questions: Will a violation of the Government in the Sunshine Law, s. 286.011 , F.S., occur: 1. If a city council member meets and negotiates in private with a garbage contractor where the city council has formally selected the council member to so act and where the council member has not been delegated final...
Mr. Thomas A. Bustin County Attorney Alachua County Post Office Drawer CC Gainesville, Florida 32602 Dear Mr. Bustin: You have asked for my opinion on substantially the following question: Does the reference to special laws contained in s. 1(g), Art. VIII, State Const., apply to all types of special laws, including those prescribing a method of annexation by municipalities or only to those special laws, including which affect the powers of charter counties In sum: The special laws referred to...
Mr. Warren H. Jernigan Chairperson, Transportation Disadvantaged Commission 605 Suwannee Street, MS-49 Tallahassee, Florida 32399-0450 Dear Mr. Jernigan: You ask on behalf of the Transportation Disadvantaged Commission: May local option gas tax revenues be used to fund specialized transportation for the transportation disadvantaged In sum: Local option gas tax revenues may be used to fund a public transportation system which includes the provision of paratransit or special transportation...
Mr. John Govoruhk Chief of Police Winter Springs Police Department 1126 East Highway 434 Winter Springs, Florida 32708 Dear Chief Govoruhk: You ask substantially the following question: Is the voice recording of a "911" call subject to disclosure if the name, address, and telephone number of the caller are deleted In sum, I am of the opinion that: Only that portion of the voice recording of a "911" call relating to the name, address, and telephone number of the person calling the emergency...
Mr. Ralph C. Dell, General Counsel Hillsborough County Hospital Authority Post Office Box 2111 Tampa, Florida 33601 Dear Mr. Dell: As counsel for the Hillsborough County Hospital Authority, you have asked for my opinion on the following question: Is the Hillsborough County Hospital Authority subject to s. 286.012 , F.S. In sum: The Hillsborough County Hospital Authority is a county agency subject to the voting requirements set forth in s. 286.012 , F.S. Section 286.012 , F.S., provides that:...
Mr. Tom Gardner Executive Director Department of Natural Resources Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399 Dear Mr. Gardner: You have asked substantially the following question: May a person possessing a saltwater products license under s. 370.06, F.S., and a retail dealer's license under s. 370.07, F.S., who derives more than 25 percent or $5,000 (whichever is less) of his income from retail sales of products taken under the saltwater products...
Mr. Alan B. Koslow Acting City Attorney City of Hollywood Post Office Box 229045 Hollywood, Florida 33022-9045 Dear Mr. Koslow: You ask substantially the following questions: 1. Does s. 166.045 (1)(a), F.S., require that every appraisal, offer, and counteroffer regarding the purchase of real property by a municipality be in writing 2. Where the purchase price of the real property to be acquired is in excess of $500,000, is the municipality required to obtain two appraisals in accordance with s....
The Honorable T.J. "Jerry" Greeson Nassau County Clerk of Courts Post Office Box 456 Fernandina Beach, Florida 32034 Dear Mr. Greeson: You have asked substantially the following question: If a prospective juror fails to call, as directed in the summons, to determine whether he or she is needed in the next day's proceedings, is the juror entitled to compensation for appearing even though court has been canceled In sum: A prospective juror who appears as summoned for jury duty is entitled to...
Mr. Larry M. Haag County Attorney, Citrus County 107 North Park Avenue, Suite 8 Inverness, Florida 32650 Attention: Mr. James A. Neal, Jr. Assistant County Attorney Dear Mr. Haag: You ask substantially the following question: May tourist development tax revenues be used to fund a program of mechanical harvesting and herbicide applications to improve inland lakes and rivers In sum, I am of the opinion: A county may expend tourist development tax revenues to finance the removal of hydrilla and...
Mr. Michael S. Mullin County Attorney Nassau County Post Office Box 1563 Fernandina Beach, Florida 32034 Dear Mr. Mullin: As County Attorney you have asked the following question on behalf of the Board of County Commissioners of Nassau County: May Nassau County use tourist development tax funds pursuant to s. 125.0104 (5)(a)4., F.S., to fund: (a) the construction of beach parks; (b) additional Sheriff's patrols and lifeguards on the beach; (c) the buildings and maintenance of sanitary...
Mr. E. Guy Revell, Jr. Commissioner Chairman Florida Parole Commission 1309 Winewood Boulevard Building 6, Third Floor Tallahassee, Florida 32399-2450 Dear Chairman Revell: You have asked for my opinion on substantially the following questions: 1. What is the status of a current parolee who, pursuant to Waldrup v. Dugger, 15 F.L.W. 358 (Fla., June 21, 1990), receives an application of retroactive gain time, which after its application, would give an expiration of sentence date prior to the date...
The Honorable Daniel T. K. Hurley Chief Judge, 15th Judicial Circuit County Courthouse West Palm Beach, Florida 33401 Dear Judge Hurley: You have asked substantially the following question: Does s. 948.01 , F.S., as amended by s. 7, Ch. 90-337, Laws of Florida, prohibit a judge from releasing an individual charged with a felony on his or her own recognizance, under the supervision of a private entity. In sum: It does not appear that s. 948.01 , F.S., as amended by s. 7, Ch. 90-337, Laws of...
Mr. Paul R. Gougelman, III Attorney for City of Cocoa Redevelopment Agency 1825 South Riverview Drive Melbourne, Florida 32901 Dear Mr. Gougelman: As the attorney for the City of Cocoa Redevelopment Agency you have asked for my opinion on substantially the following questions: 1. Pursuant to s. 163.357 , F.S., must an appointed member of a municipal community redevelopment agency reside within the geographic boundaries of the commu nity redevelopment area, or is the member required to be a...
