Joseph M. Gallenstein Chief of Police Largo Police Department QUESTION: What are the responsibilities and duties of law enforcement personnel under s. 401.445 (1), F.S. SUMMARY: Section 401.445 (1), F.S., provides protection from recovery in any action brought for examining or treating a patient without his or her informed consent and extends such protection to "any person acting under the direct medical supervision of a physician[,]" which would not apply to law enforcement personnel acting...
John M. Spottswood, Jr. Attorney for Board of Commissioners of Monroe County Housing Authority QUESTION: Is the Monroe County Housing Authority authorized by s. 421.05 (1), F.S., to provide health insurance benefits to the Board of Commissioners of the authority SUMMARY: Section 421.05 (1), F.S., prohibits the Monroe County Housing Authority from providing health insurance benefits to the members of the Board of Commissioners of the authority. Although your letter does not provide details of...
John M. Harris Assistant City Attorney QUESTION: When a citizen engages in conduct which is found to be a repeat violation as defined in s. 162.04 (5), F.S., may the citizen be fined up to 500 for the day on which such conduct took place or only for those days the repeat violation continues after notice to the violator SUMMARY: A citizen who engages in conduct which is found to be a repeat violation may be fined only for those days the repeat violation continues after notice to the violator....
George Ralph Miller Walton County Attorney QUESTION: May Walton County regulate dogs on the beach by either banning their presence or requiring they be leashed SUMMARY: Walton County may regulate dogs on the publicly owned portions of the beach through the exercise of its police power, except where such regulation is preempted by the state as it relates to sovereign lands. The county may ban dogs on publicly owned beaches, if it is determined that dogs are inherently dangerous or constitute a...
Gregory G. Manning Chief of Police Longwood Police Department QUESTION: May the City of Longwood Police Department use contraband forfeiture funds to start a weekly teen dance, as a drug-free, safe community activity for youth in order to reduce juvenile crime and drug activity in the community SUMMARY: A weekly teen dance with the primary purpose of crime and drug prevention may be supported with contraband forfeiture funds, if the governing body of the city determines that such a program is...
Larry M. Haag Citrus County Attorney QUESTION: May tourist development tax revenues be used to advertise and promote a "Concert in the Park" as a free, public event to promote tourism in Citrus County SUMMARY: If the county makes the appropriate legislative finding that an expenditure promotes tourism, tourist development tax revenues may e used to advertise and promote a special event, such as the "Concert in the Park." You state that the Citrus County Tourist Development Council wishes to...
Honorable Curtis A. Golden State Attorney First Judicial Circuit QUESTION: 1. Pursuant to s. 849.0931 , F.S. (1992 Supp.), may Organization A run a session of bingo with three 250 jackpots and then after a break or intermission, Organization B run its session with three 250 jackpots on the same day and on the same premises 2. Does a game in which players buy one or more numbers and, if they bingo on that number, not only win the regular prize money but also additional money sometimes in excess...
The Honorable Lillie Mae Greene Chairperson Taylor County Board of County Commissioners QUESTION: May a county operate a prison as a for-profit, private business to house state and federal prisoners, but not county prisoners SUMMARY: Absent specific legislative authority, the operation of a private, for-profit prison to house state and federal prisoners only and not county prisoners does not appear to fulfill a county purpose or involve the exercise of county governmental power. You state that...
Ms. Noreen S. Dreyer County Attorney Martin County QUESTION: Has the term of office expired or does a vacancy in office exist when an appointed member of the planning and zoning commission of Martin County who is required to reside within a specific county commission district pursuant to Ch. 61-2466, Laws of Florida, has his residence included in another commission district as a result of the decennial redistricting required by law SUMMARY: .... A vacancy in office does not exist when an...
John F. Bennett City Attorney City of Belle Isle QUESTION: Does the City of Belle Isle have the authority to create municipal service taxing units within the city to cover the costs associated with the private common areas located within subdivisions of the city, such as maintenance, insurance liability and property taxes, provided the tax would be imposed only on those homeowners who would be primarily benefited SUMMARY: The City of Belle Isle does not have the authority to create municipal...
JulieAnn Rico Chairman, Fifteenth Circuit Judicial Nominating Commission QUESTION: Is the Judicial Nominating Commission required by s. 11(c), Art. V, State Const., to nominate three persons for a county court judicial vacancy when the Governor has certified the remainder of the incumbent judges's term to be filled by election on the September 1, 1992, ballot and the elected judge will be seated in January 1993 SUMMARY: Section 11(c), Art. V, State Const., requires the appropriate judicial...
Mr. John H. McCormick Hamilton County Attorney Dear Mr. McCormick: You have asked the following question: May the county commission expend public funds to repair and maintain private roads upon which county school buses are authorized to travel pursuant to agreements with the landowner/parents of children attending school In sum: The county may not expend county funds to repair and maintain private roads, regardless of an agreement allowing school buses to travel upon the road to transport the...
Honorable Bill James State Attorney Thirteenth Judicial Circuit QUESTION: Are vehicles purchased and serviced by the county, but provided to the State Attorney's Office pursuant to s. 27.34 (2), F.S., subject to the rules in Ch. 13B, F.A.C., or may the county and state attorney agree to rules governing their use SUMMARY: County-owned vehicles purchased and serviced by the county for use by the state attorney, are subject to ss. 287.15 and 287.17 , F.S. but not subject to Rule 13B-3.004 , F.A.C....
A. Quinn Jones, III City Attorney City of Miami QUESTION: May the Village of Key Biscayne contract with the City of Miami for the performance of firefighting, rescue and fire inspection services, without complying with the referendum requirements of s. 4, Art. VIII, State Const. SUMMARY: If the City of Miami contracts to perform firefighting, rescue and fire inspection services for the Village of Key Biscayne, without being granted the ultimate power to supervise and control such services,...
Annette Star Lustgarten Lake County Attorney QUESTION: 1. Is a municipal service taxing unit which provides fire and rescue service limited to imposing a non-ad valorem assessment or special assessment against real property or may such assessments be imposed on tangible personal property 2. If such assessments may be levied against tangible personal property may such assessment be placed on the tangible personal property assessment roll and tangible personal property tax bill SUMMARY: 1. The...
Randy Ludacer Monroe County Attorney QUESTION: 1. May the county commission approve the expenditure of tourist development tax revenue for a use other than those recommended by the tourist development council 2. May the county commission approve the expenditure of tourist development tax revenue for a use which was opposed by the tourist development council SUMMARY: A county governing body, after approving the tourist development plan, may amend the plan by a super majority of its members in...
Honorable Harry L. Shorstein State Attorney Fourth Judicial Circuit QUESTION: May the City of Jacksonville's Victim Services Division receive identifying information regarding a victim of sexual abuse, child abuse, lewd, lascivious or indecent assault upon or in the presence of a child, for the purpose of advising the victim of available services SUMMARY: The Victim Services Division of the City of Jacksonville, as a governmental agency which is part of the city's criminal justice system, may...
Robert J. Antonello Attorney for the Winter Haven Housing Authority QUESTION: Does s. 421.08 (7), F.S., constitute an exception to the Government in the Sunshine Law, s. 286.011 , F.S., thus permitting the Winter Haven Housing Authority Commission to conduct an employee termination hearing, or portions thereof, in a closed session SUMMARY: Section 421.08 (7), F.S., does not constitute an exception to, or exemption from the Government in the Sunshine Law, s. 286.011 , F.S. Thus, any meeting of...
Elizabeth A. Metzger Attorney for Glades General Hospital QUESTION: Is a joint conference meeting of the board of directors and the medical staff's quality assurance committee of the Glades General Hospital to discuss quality assurance and peer review subject to the Government in the Sunshine Law, s. 286.011 , F.S. SUMMARY: To the extent a meeting of the board of directors and the medical staff's quality assurance committee deals with carrying out the provisions of ss. 395.0115 and 395.041, F....
Edward D. Foreman City Attorney City of Pinellas Park QUESTION: Does s. 812.1725 , F.S., 1 preempt the City of Pinellas Park from requiring by ordinance that customers prepay for purchases of gasoline made between 8:00 p.m. and 5:00 a.m. SUMMARY: The ordinance requiring prepayment of gasoline purchases made between 8:00 p.m. and 5:00 a.m. operates to protect the business against economic loss and is not, therefore, a security standard to protect the safety of the employees or patrons of a...
