Mr. Richard M. Weiner Sugarman Susskind 2801 Ponce De Leon Boulevard Suite 750 Coral Gables, Florida 33134 Dear Mr. Weiner: On behalf of the Board of Trustees of the Fort Lauderdale Fire Fighters Insurance Trust Fund you have asked for my opinion on the following question: Is the Board of Trustees of the Fort Lauderdale Fire Fighters Insurance Trust Fund subject to the Government in the Sunshine Law, section 286.011 , Florida Statutes In sum: The Board of Trustees of the Fort Lauderdale Fire...
Mr. Gordon B. Linn Pompano Beach City Attorney Post Office Box 2081 Pompano Beach, Florida 33061 Dear Mr. Linn: On behalf of the city commission, you ask substantially the following question: When the city commission has designated itself as the governing body of the community redevelopment agency, may the city commission remove one of its members from the community redevelopment agency or may the member resign from the governing body of the community redevelopment agency while still retaining...
Mr. Robert J. Riggio Ponce Inlet Town Attorney 4680 South Peninsula Drive Ponce Inlet, Florida 32127 Dear Mr. Riggio: You have asked for my opinion on substantially the following question: Does the public records exemption contained in section 112.3188 (2)(b), Florida Statutes, apply to records received by a municipality conducting an active investigation of a complaint filed against a public officer or employee by a whistle-blower, or is the exemption limited to records received as part of an...
The Honorable Sylvia Young Chairman, Pasco County Board of County Commissioners 38053 Live Oak Avenue Dade City, Florida 33523 Mr. Joe A. McClain Pasco County School Board Attorney Post Office Box 4 Dade City, Florida 33526 Dear Chairman Young and Mr. McClain: You ask substantially the following questions: 1. Must a school board pay its proportionate share of the infrastructure costs for water and sewage facilities available for its use 2. Must the county provide water and sewage facilities...
Mr. Robert R. McDonald Counsel to the Florida Association of Court Clerks, Inc. Post Office Drawer 1838 Tallahassee, Florida 32302 Dear Mr. McDonald: On behalf of the Clerk of the Court for Highlands County, the Honorable Luke Brooker, you ask substantially the following question: Is a retired county officer entitled to be reimbursed for reasonable attorney's fees incurred while defending a civil lawsuit for actions taken while in office In sum: A retired county officer is entitled to be...
Mr. Douglas R. Murdock Chairman, State Board of Building Codes and Standards Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Dear Mr. Murdock: On behalf of the Board of Building Codes and Standards for the State of Florida, you have asked for my opinion on substantially the following question 1 : Is a local government authorized to approve a locally developed standard for wind resistance in one and two family dwellings In sum: Local governments may...
Mr. Bruce R. Conroy Cape Coral City Attorney Post Office Box 150027 Cape Coral, Florida 33915-0027 Dear Mr. Conroy: You have asked for my opinion on substantially the following question: Does section 112.0801 , Florida Statutes, require a municipality to allow open enrollment for retirees' dependents who were not participating in the insurance plan at the employee's time of retirement In sum: The provisions of section 112.0801 , Florida Statutes, are not limited to dependents who were...
Mr. Robert W. Hughes Superintendent of Schools School Board of Alachua County 620 East University Avenue Gainesville, Florida 32601-5498 Dear Mr. Hughes: You ask substantially the following question: May members of a school board attend and participate in board meetings via electronic means In sum: A school board may use electronic media technology in order for a physically absent member to attend a public meeting of the board if a quorum of the members is physically present. You state that...
The Honorable Bruce H. Colton State Attorney Nineteenth Judicial Circuit 411 South Second Street Fort Pierce, Florida 34950 Dear Mr. Colton: You ask substantially the following questions: 1. In light of the decision of the Fifth District Court of Appeal in News-Journal Corporation v. Memorial Hospital-West Volusia, Inc., 1 is the board of directors of the Indian River Memorial Hospital, Inc., subject to the Government in the Sunshine Law 2. If the not-for-profit corporation is subject to the...
Mr. Frank E. Brown Attorney for the Hillsborough County Civil Service Board Post Office Box 1378 Tampa, Florida 33601-1378 Dear Mr. Brown: On behalf of the Hillsborough County Civil Service Board, you ask substantially the following questions: 1. May the civil service board restrict closed promotions to classified tenured employees permanently employed in the same agency in which the vacancy exists 2. May the civil service board restrict return rights to those employees who have attained...
The Honorable Karen Nicolai Clerk of Circuit Court Hernando County 20 North Main Street Brooksville, Florida 34601-2800 Dear Ms. Nicolai: You ask substantially the following question: Must the clerk of court record a certificate of mailing and publisher's affidavit if property that is subject to a tax deed sale is not sold, but the tax certificate is redeemed prior to the sale or the property is placed on a list of lands available for taxes In sum: The clerk of court is required to record a...
The Honorable Will Wagner Mayor of Lake Park 535 Park Avenue Lake Park, Florida 33403 Dear Mayor Wagner: On behalf of the Town of Lake Park, you ask substantially the following question: Does section 170.201 , Florida Statutes, authorizing the imposition of special assessments, preclude the imposition of such assessments for law enforcement In sum: The list of purposes in section 170.201 , Florida Statutes, for which special assessments may be imposed is not exclusive and may include other...
Mr. James G. Sisco St. Johns County Attorney Post Office Box 1533 St. Augustine, Florida 32085-1533 Dear Mr. Sisco: On behalf of the Chairman of the Board of County Commissioners of St. Johns County, you have asked for my opinion on substantially the following question: May a board of county commissioners place a proposition on the ballot for the referendum proposing a county home rule charter when the language of the proposition may only become effective if the county home rule charter fails...
Mr. Douglas K. Tyson Director of Procurement and Contracts Lynx Central Florida Regional Transportation Authority 225 East Robinson Street, Suite 300 Orlando, Florida 32801 Dear Mr. Tyson: You have asked for my opinion on substantially the following questions: What is a public employer's responsibility to pay its employees called to active military duty or to military training exercises under Chapter 115 , Florida Statutes In sum: A public employer is required by section 115.07 (1), Florida...
Mr. B. Norris Rickey Pinellas County Senior Assistant Attorney 315 Court Street Clearwater, Florida 33756 Dear Mr. Rickey: You ask substantially the following question: Must homestead property be owned by a veteran at the time of his or her death from service-connected causes while on active duty in order for the veteran's surviving spouse to claim the exemption in section 196.081 (4), Florida Statutes In sum: Section 196.081 (4), Florida Statutes, does not require that homestead property be...
Mr. Dwight W. Severs Titusville City Attorney Post Office Box 2806 Titusville, Florida 32796-3584 Dear Mr. Severs: On behalf of the City Council of the City of Titusville, you have asked for my opinion on substantially the following question: Is a community advisory committee that is made up of citizens and established to provide a vehicle for citizen involvement in city government subject to the Government in the Sunshine Law In sum: A community advisory committee that is responsible for...
Mr. James P. Beadle Attorney for City of Satellite Beach 5205 Babcock Street, Northeast Palm Bay, Florida 32905 Dear Mr. Beadle: As attorney for the City Council for the City of Satellite Beach, you have asked for my opinion on substantially the following question: Is the City of Satellite Beach authorized to adopt an ordinance pursuant to section 316.008 (1)(s), Florida Statutes, that would permit skateboards to be used upon streets within the city's jurisdiction and provide for their...
Mr. Franklin R. Harrison Attorney for Bay County Sheriff Post Office Drawer 1579 Panama City, Florida 32402-1579 Dear Mr. Harrison: On behalf of Sheriff Guy Tunnell you have asked for my opinion on the following question: May the Sheriff of Bay County use funds received pursuant to the Florida Contraband Forfeiture Act, sections 932.701 -932.707, Florida Statutes, to provide tuition for Bay County Sheriff's Office personnel for training and education in order to develop additional expertise in...
Mr. Matthew D. Bordelon General Counsel Holley-Navarre Fire Protection District 2721 Gulf Breeze Parkway Gulf Breeze, Florida 32561-3079 Dear Mr. Bordelon: As general counsel for the Holley-Navarre Fire Protection District, you have asked for my opinion on substantially the following questions: 1. Is a referendum vote by the qualified electors of the Holley-Navarre Fire Protection District required for the district to operate pursuant to Chapter 191 , Florida Statutes 2. Would a majority vote...
Ms. Betsy S. Burden Attorney for the Northern Palm Beach County Improvement District Post Office Box 2775 Palm Beach, Florida 33480-2775 Dear Ms. Burden: You have asked for my opinion on substantially the following question: Is the Northern Palm Beach County Improvement District an "agency" as that term is defined in section 120.52 (1), Florida Statutes In sum: As an entity described in Chapter 298 , Florida Statutes, the Northern Palm Beach County Improvement District is an "agency" within...
