Rafael E. Suarez-Rivas City Attorney City of Miramar QUESTION: Does the subsequent payment by the city to a retired employee of the monetary equivalent of his unused sick leave in excess of 120 days violate s. 215.425 , F.S., when city policy authorizes, and the employee at the time of his retirement received, reimbursement for 120 days of unused sick leave only SUMMARY: The subsequent payment by the city commission to a retired employee of the monetary equivalent of his unused sick leave in...
Van B. Cook County Attorney Attention: Mr. William G. Capko Assistant County Attorney and Ms. Leigh Shinohara Staff Attorney for Clerk of Court QUESTION: Is the clerk of circuit court required to serve as custodian of the funds of the Palm Beach County Solid Waste Authority after the effective date of Ch. 91-334, Laws of Florida SUMMARY: The clerk of circuit court is not required by either Ch. 75-473, Laws of Florida nor Ch. 91-334, Laws of Florida, to act as permanent clerk for and custodian...
Sheldon I. Pivnik Notary Public QUESTION: Does s. 117.05 (6)(d), F.S., as amended by Ch. 91-291, Laws of Florida, prohibit a notary public from solemnizing the rites of matrimony of persons related by blood or marriage to the notary public SUMMARY: Section 117.05 (6)(d), F.S., as amended by Ch. 91-291, Laws of Florida, effective January 1, 1992, does not prohibit a notary public form solemnizing the rites of matrimony of persons related by blood or marriage to the notary public. Section 117.05...
Janet S. Leeser City Clerk City of Cape Canaveral QUESTION: When do the minutes of city council meetings become public records: when the clerk prepares the minutes to be sent to the city council for its review, when the minutes are actually transmitted, or when they are officially approved by the city council SUMMARY: The minutes of city council meetings are public records when the clerk has performed his or her duty to prepare the minutes even though they have not yet been sent to the city...
Stephen A. Melnick Legal Advisor Boca Raton Police Department QUESTION: Does s. 316.193 (9), F.S., as created by s. 18, Ch. 91-255, Laws of Florida, apply to juveniles who are taken into custody for driving under the influence SUMMARY: Section 316.193 (9), F.S., as created by s. 18, Ch. 91-255, Laws of Florida, does not apply to juveniles taken into custody for driving under the influence, in light of the specific provisions in s. 316.635 , F.S., applicable to juveniles charged with criminal...
Larry E. Denney District Counsel U.S. Government Small Business Administration QUESTION: In the event of a foreclosure sale of real property securing a loan for which the Small Business Administration (SBA) is a guarantor, is the SBA exempt from payment of documentary stamp taxes on the documents transferring the commercial lending institution's interest to the SBA by either assignment of the Certificate of Sale or the Certificate of Title SUMMARY: While the SBA is immune from payment of...
Maureen Cullen Acting County Attorney Palm Beach County Question: May the county commission enact a code of ethics for county officers and employees which varies from the Code of Ethics in Part III, Ch. 112 , F.S. Summary: While the county commission of a charter county has the authority to enact a code of ethics for county officers and employees, a county ethics code may not conflict with the provisions of Part III, Ch. 112 , F.S. Section 1(g), Art. VIII, State Const., in pertinent part,...
John J. Copelan, Jr. Broward County Attorney QUESTION: 1. Is a pay public parking garage at an airport operated by Broward County a "public street or highway" as defined in s. 316.003 (53), F.S., which would entitle a handicapped person to park his or her vehicle in such garage free of charge pursuant to s. 316.1964 , F.S. (1990 Supp.) 2. Is such a public parking garage a "metered parking space" such that a handicapped person may park without charge pursuant to s. 316.1964 , F.S. (1990 Supp.)...
David M. Fee, Jr. Assistant County Attorney Broward County QUESTION: 1. May a person who has been issued a master electrician certificate of competency by the Broward county Central Examining Board of Electrical and Specialty Electrical Contractors perform alarm work for compensation without registering with the State of Florida, Department of Professional Regulation 2. May a person who has been issued a certificate of competency for burglar alarm electrician by the Broward County Central...
Robert A. Ginsburg Dade County Attorney QUESTION: May the Dade County Board of County Commissioners delegate its zoning authority to zoning appeals boards SUMMARY: The Dade County Board of County Commissioners may not delegate its legislative authority to zone property. The board, however, may delegate powers to enforce zoning laws to zoning appeals boards if the instrument conveying such authority provides meaningful standards and guidelines for the boards to follow in exercising such powers....
Richard L. Dugger Secretary Department of Corrections QUESTION: 1. Must the facility described in Item 2084, s. 2B, Ch. 90-209, Laws of Florida, be constructed and operated in accordance with all legal and judicial requirements imposed on the Department of Corrections and the department's own rules, policies, and procedures 2. Pursuant to this legislation, is Gadsden County an agent of the Department of Corrections 3. If Gadsden County is an agent of the department, what is the extent of the...
Tom Gardner Executive Director Department of Natural Resources QUESTION: Whether an active investigation of a law enforcement officer under s. 112.533 , F.S. (1990 Supp.), which has not been completed when the officer voluntarily resigns, may actively continue to conclusion and retain its exemption during such time SUMMARY: An investigation of a law enforcement officer under s. 112.533 , F.S. (1990 Supp.), ceases to be active at the time the officer resigns, and the exemption provided in s....
Douglas R. Bell Attorney for Broward Drainage District QUESTION: Under what circumstances must a special district, pursuant to s. 112.0801 , F.S., allow its former employees the option of continuing to participate in the district's group insurance plan or self-insurance plan SUMMARY: Section 112.0801 , F.S., requiring a special district to offer retired employees and their eligible dependents participation in its group insurance or self-insurance plan, does not apply to all former personnel of...
Elizabeth T. McBride Assistant City Attorney City of West Palm Beach QUESTION: Is a school board's security department a law enforcement agency entitled to share in forfeited funds or property pursuant to s. 932.704 (3)(b), F.S. (1990 Supp.) SUMMARY: Absent a statutory provision to the contrary, the Palm Beach County School Board's security department does not fall within the law enforcement agencies enumerated in ss. 932.701 - 932.704 , F.S., the "Florida Contraband Forfeiture Act," which may...
Lewis W. Fishman General Counsel Lower Florida Keys Hospital District QUESTION: 1. Is the Lower Florida Keys Hospital District required to remit to the Monroe County Property Appraiser's Office payment in accordance with the property appraiser's budget pursuant to s. 192.091 , F.S., inasmuch as the Lower Florida Keys Hospital District has timely voted, through its board of commissioners, to levy no taxes for the 1991-1992 tax year 2. If the answer to Question One is in the negative, is the...
Jose B. Alvarez District Attorney Deltona Fire District QUESTION: Does the Deltona Fire District have firesafety responsibilities pursuant to Ch. 633 , F.S. SUMMARY: Pursuant to Ch. 90-145, Laws of Florida, the Deltona Fire District has the authority to establish, operate, and maintain programs of fire prevention and firesafety within the district. The Deltona Fire District is an independent special taxing district established by special law. 1 . You have advised this office that the district...
Honorable Ronald A. Sliver Representative, District 100 QUESTION: 1. What is the effective date of s. 8(b) and (c), Art. I, State Const., which was approved at the November 6, 1990, general election, and which prescribes a three day waiting period for the purchase of handguns 2. What is the effect of the requirement in s. 8(c), Art. I, State Const., that the Legislature "enact legislation implementing subsection (b) of this section . . ." SUMMARY: 1. Section 8(b) and (c), Art. I, State Const.,...
M.A. Galbraith, Jr City Attorney City of Clearwater QUESTION: 1. What are the penalties or consequences of a local government's failure to adopt an ordinance within 90 days of the effective date of the Convenience Store Security Act 2. Does the convenience Store Security Act prohibit a local government from adopting a broader definition of "convenience store" than that which is contained in the act 3. Is the "mom and pop" exemption contained in the Convenience Store Security Act...
Abbey G. Hairton General Counsel School Board of Palm Beach County QUESTION: 1. May information compiled during an investigation of certain departments in the school district be kept confidential until the conclusion of the investigation 2. May the school board meet in closed session when considering confidential or exempt information 3. Is it a violation of the Code of Ethics for a school board member to release confidential information SUMMARY: 1. Documents or records containing...
The Honorable Carol Hanson Representative, District 87 QUESTION: Are property appraisers subject to s. 287.055 , F.S. (1990 Supp.), the consultants' Competitive Negotiation Act, in procuring professional services SUMMARY: Property appraisers, as county officers, are subject to s. 287.055 , F.S. (1990 Supp.), when procuring professional services enumerated therein. Section 287.055 , F.S. (1990 Sup.), requires an "agency" to publicly announce each time when professional services 1 are required...
