The Honorable Julianne M. Holt Public Defender Thirteenth Judicial Circuit 801 East Twiggs Street Tampa, Florida 33602-3548 Dear Ms. Holt: You ask substantially the following question: Does section 27.51 , Florida Statutes, authorize a public defender to represent an indigent person for the purpose of a Motion to Expunge or Seal the indigent's criminal history records In sum: Section 27.51 , Florida Statutes, does not authorize a public defender to represent an indigent person for the purpose...
Mr. David G. Tucker Escambia County Attorney 14 West Government Street, Room 411 Pensacola, Florida 32501 Dear Mr. Tucker: You have asked for my opinion on substantially the following question: Is the Board of County Commissioners of Escambia County, acting through the duly appointed director of its emergency management agency, authorized by Chapter 252 , Florida Statutes, to lawfully order the evacuation of persons from areas of the county threatened by an imminent natural or manmade disaster...
Mr. Tom W. Conely, III Okeechobee County School Board Attorney 207 Northwest 2nd Street Okeechobee, Florida 34972-4190 Dear Mr. Conely: You ask substantially the following question: May the Okeechobee County School Board charge a fee to a student's guardian or parents who are Florida residents but reside outside the geographic boundaries of Okeechobee County to allow the student to attend public schools in Okeechobee County In sum: The Okeechobee County School Board may not charge a fee to a...
The Honorable Alfred J. "Al" Lawson, Jr. Representative, District 8 Chair, Committee on Governmental Operations 324 House Office Building Tallahassee, Florida 32399-1300 Dear Representative Lawson: You ask substantially the following question: Is a community redevelopment agency created pursuant to section 163.356 , Florida Statutes, considered an economic development agency that may assert the public records exemption contained in section 288.075 (2), Florida Statutes In sum: A community...
Chief Morrey Deen Ocala Police Department Post Office Box 1270 Ocala, Florida 32678 Dear Chief Deen: You ask substantially the following questions: 1. May a for-profit corporation lease space in a building, erect signs stating that the for-profit entity is a charity bingo operation and supply the necessary equipment, and then sublease the premises to several qualified charitable non-profit organizations to conduct bingo on the premises 2. May an officer of the for-profit corporation that...
Mr. John Fenn Foster Crossroads Suite 219 1897 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Dear Mr. Foster: You ask substantially the following question: Is the South Florida Fair and Palm Beach County Expositions, Inc., created pursuant to Part I, Chapter 616 , Florida Statutes, subject to the provisions of Chapter 119 , Florida Statutes, the Public Records Law In sum: The South Florida Fair and Palm Beach County Expositions, Inc., created pursuant to Part I, Chapter 616 ,...
Mr. Calvin Ross, Secretary Department of Juvenile Justice 2737 Centerview Drive Tallahassee, Florida 32399-3100 Dear Secretary Ross: You have asked for my opinion on the following question: Does section 768.28 (11)(a), Florida Statutes, require the Department of Juvenile Justice to include in specified service contracts a clause under which a service provider that is also a governmental entity agrees to indemnify the state for all tort liability up to the limits set forth in Chapter 768 ,...
Mr. James G. Yaeger Lee County Attorney Post Office Box 398 Fort Myers, Florida 33902-0398 Dear Mr. Yaeger: You have asked for my opinion on substantially the following question: Whether the Lee County Board of County Commissioners is authorized, pursuant to section 196.28 , Florida Statutes, to cancel all outstanding liens for taxes on land, delinquent or current, acquired by the county and used by the county for those public purposes set forth in the statute, such that the ad valorem levies...
The Honorable Barry S. Seltzer United States Magistrate Judge United States District Court Southern District of Florida 299 East Broward Boulevard Fort Lauderdale, Florida 33301 Dear Judge Seltzer: You ask substantially the following question: Does section 40.013 (2)(a), Florida Statutes, preclude a United States Magistrate Judge from qualifying to serve as a juror In sum: Section 40.013 (2)(a), Florida Statutes, does not preclude a United States Magistrate Judge from qualifying to serve as a...
Ms. Patricia A. Petruff General Counsel City of Holmes Beach 1111 Third Avenue West Suite 300 Bradenton, Florida 34205 Dear Ms. Petruff: You have asked for my opinion on substantially the following questions: 1. Does section 163.3189 , Florida Statutes, preempt the authority of the City of Holmes Beach from adopting a charter amendment that would require any increase in density limitations contained in the existing comprehensive plan to be approved by the voters of the City of Holmes Beach 2....
Ms. Kimberly Tucker, General Counsel Florida Department of Health and Rehabilitative Services 1317 Winewood Boulevard Building E, Suite 200 Tallahassee, Florida 32399-0700 Dear Ms. Tucker: You have asked for my opinion on the following questions: 1. Can a person who meets the statutory requirements of section 112.3187 , Florida Statutes, waive all rights under the Whistle-blower's Act 2. If the first question is answered in the affirmative, how does that affect the HRS Inspector General's...
Mr. William G. O'Neill Williston City Attorney Post Office Drawer 908 Williston, Florida 32696 Dear Mr. O'Neill: You ask substantially the following question: If a city council member is president of the city council at the time of his retirement, is such council member, who is entitled to the voluntary retirement benefits provided by section 112.048 , Florida Statutes, entitled to one-half the monthly salary of a council member or one-half the salary of the president of the city council In...
The Honorable Pat Thomas Senator, District 3 220 Senate Office Building Tallahassee, Florida 32399-1100 Dear Senator Thomas: You have asked for my opinion on substantially the following question: What is the meaning of the term "coastline" as it is used in Article X , section 16 ( 3 ), Florida Constitution In sum: The term "coastline" as used in Article X , section 16 ( 3 ), Florida Constitution, means the line where, at low water, the shore along the Florida coast comes in direct contact with...
Mr. Edward G. Guedes Miramar City Attorney 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 Dear Mr. Guedes: You ask substantially the following question: Are the city attorney, or an attorney under contract to the city, and other city officials who are responsible for advising the city regarding the provision of emergency medical services by the city's fire-rescue department or for defending the city against a possible claim against the city arising from the provision of such services,...
Mr. E. William Crotty Attorney for Board of Directors Halifax Healthy Families Corporation 501 North Grandview Avenue Daytona Beach, Florida 32118 Dear Mr. Crotty: On behalf of the Board of Directors of the Halifax Healthy Families Corporation, you ask substantially the following question: Are proceedings in a quality assurance program established by Halifax Healthy Families Corporation, designed solely to carry out peer review of physicians, exempt from compliance with the Government in the...
Ms. Phyllis O. Douglas Dade County Public Schools Attorney 1450 Northeast Second Avenue Miami, Florida 33132 Dear Ms. Douglas: On behalf of the School Board of Dade County, you ask substantially the following questions: 1. May the school board amend its rules to expand special school security officers' powers of arrest for violations of law that do not occur on school property but which are perpetrated by students or are related to the immediate protection and safety of students, personnel, and...
The Honorable Barry E. Krischer State Attorney Fifteenth Judicial Circuit 401 North Dixie Highway West Palm Beach, Florida 33401-4209 Dear Mr. Krischer: You ask substantially the following question: May a charter county enact an ordinance limiting the sanction for violation of county ordinances to civil penalties In sum: A county choosing to enforce its codes or ordinances pursuant to section 162.21 , Florida Statutes, is required to make a violation of its codes or ordinances a civil...
Mr. Thomas Gerald Holley Washington County Attorney Post Office Box 268 Chipley, Florida 32428 Dear Mr. Holley: On behalf of the Washington County Commission, you ask substantially the following question: May the county rescind its annual contribution of incremental tax revenue to the Chipley Redevelopment Agency Trust Fund In sum: As a taxing authority within the city's redevelopment area required to contribute incremental tax revenues to the community redevelopment trust fund, the county has...
Ms. Lee O'Brien Assistant Police Legal Advisor City of Orlando Post Office Box 913 Orlando, Florida 32802 Dear Ms. O'Brien: You ask substantially the following questions: 1. When an off-duty law enforcement agency employee is compelled by a party to appear for deposition or other official proceeding related to his or her employment, who is responsible for the payment of the witness fee prescribed in section 92.142 , Florida Statutes 2. When such employee uses his or her own personal vehicle to...
The Honorable Bill Nelson State Treasurer and Insurance Commissioner The Capitol Tallahassee, Florida 32399-0301 Dear Commissioner Nelson: You ask substantially the following question: Are records reflecting the development and operation of a private for-profit business enterprise, which are created, copied, or otherwise processed in the computer of a non-profit corporation that is subject to chapter 119 , Florida Statutes, exempt from disclosure as a trade secret when such records are...
