Ms. Amy Jones Acting General Counsel Department of Health 2020 Capital Circle Southeast Tallahassee, Florida 32399-1700 Dear Ms. Jones: Your predecessor asked substantially the following question: May the Department of Health process an application for licensure when the applicant does not have a social security number as required by section 455.564(1), Florida Statutes In sum: The provision for social security numbers contained in section 455.564, Florida Statutes, should be construed in...
Mr. Edgar E. Stephens, III Attorney for the Palm Beach County Property Appraiser Post Office Box 3346 West Palm Beach, Florida 33402 Dear Mr. Stephens: On behalf of the Property Appraiser of Palm Beach County, Mr. Gary R. Nikolits, you have asked for my opinion on substantially the following questions: 1. Does property owned by a condominium association and used for commercial purposes fall within the definition of a common element in section 718.108 (1), Florida Statutes 2. May the property...
Mr. Robert A. Ginsburg Miami-Dade County Attorney 111 Northwest 1 Street Suite 2810 Miami, Florida 33128-1993 Dear Mr. Ginsburg: You ask substantially the following question: Does section 338.155 (6), Florida Statutes, exempt from disclosure the personal identifying information provided to the county on an application and agreement for a pre-paid toll collection transponder when such service is paid for by credit card, charge card, or check In sum: Section 338.155 (6), Florida Statutes,...
Mr. Thomas J. Ansbro Dania City Attorney 200 East Las Olas Boulevard Suite 1800, New River Center Fort Lauderdale, Florida 33301-2209 Dear Mr. Ansbro: On behalf of the City of Dania you ask substantially the following question: May the city enter into collection agreements with a private collection agency allowing the agency to compromise code enforcement board liens and to pursue collection through litigation In sum: A municipality may enter into an agreement with a collection agency to...
Mr. Robert J. Antonello Winter Haven City Attorney Post Office Box 7692 Winter Haven, Florida 33883-7692 Dear Mr. Antonello: On behalf of the Winter Haven City Commission, you ask substantially the following question: May a municipal law enforcement agency enter into a mutual aid agreement that permits a municipal police officer to exercise authority as a sworn law enforcement officer by making arrests and conducting searches and seizures while in another participating agency's jurisdiction In...
Officer James E. Aldridge Veterans Affairs Police 5201 Raymond Street Longwood, Florida 32803 Dear Officer Aldridge: As a federal police officer with the United States Department of Veterans Affairs, you ask substantially the following question: Do federal law enforcement officers constitute law enforcement officers entitled under Florida's Baker Act to initiate the involuntary examination of a person who may be mentally ill or to transport patients In sum: Federal law enforcement officers do...
The Honorable Daniel M. Bodiford Clerk of the Circuit Court Walton County Post Office Box 1260 DeFuniak Springs, Florida 32435-1260 Dear Mr. Bodiford: You ask substantially the following question: May the clerk of court provide social security numbers of county employees to comply with an audit request by the county's workers' compensation carrier In sum: The clerk of court may provide the social security numbers of county employees in order to comply with an audit by the county's workers'...
Ms. Linda S. Calvert Hanson General Counsel Flagler Estates Road and Water Control District 3501-B North Ponce de Leon Boulevard, Suite 342 St. Augustine, Florida 32095 Dear Ms. Hanson: You ask substantially the following questions: 1. May the Flagler Estates Road and Water Control District install and maintain enforceable traffic regulatory signs in the district 2. Does the district have exclusive jurisdiction over the roads and drainage system within the district In sum: 1. The Flagler...
Mr. G. Russell Petersen General Counsel Indian River County School Board 3339 Cardinal Drive, Suite 200 Vero Beach, Florida 32963 Dear Mr. Petersen: On behalf of the Indian River County School Board, you ask substantially the following questions: 1. May a member of the school board meet individually with a member of an advisory committee appointed by the school board to study and make recommendations to the school board on the redistricting of school board member boundaries 2. May a school...
Ms. Lee O'Brien Police Legal Advisor Orlando Police Department 100 South Hughey Avenue Orlando, Florida 32801 Dear Ms. O'Brien: You have asked substantially the following questions: 1. May the Orlando Police Department enter into a mutual aid agreement with area municipalities to address potential Y2K-related matters 2. May the governing body of a municipality approve the form for a mutual aid agreement and delegate the authority to enter into such an agreement to the municipality's chief...
Ms. Gina Salinsky Police Pension Administrator City of Coral Springs Police Pension Board 9551 West Sample Road Coral Springs, Florida 33065 Dear Ms. Salinsky: On behalf of the City of Coral Springs Police Pension Board, you have asked for my opinion on the following question: May the "fifth member" of the City of Coral Springs Police Pension Board whose term has expired remain in that office until such time as he or she is reelected or a replacement is elected In sum: The "fifth member" of...
The Honorable Don Hunter Sheriff, Collier County 3301 Tamiami Trail East Building "J" Naples, Florida 34112 Dear Sheriff Hunter: You ask substantially the following question: As an appointee or employee of the sheriff's office, does a correctional officer have the authority to carry a weapon, concealed or unconcealed, on-duty or off-duty, and is such authority statewide or countywide In sum: A correctional officer holding an active certification from the Criminal Justice Standards and Training...
Ms. Ardyth Walker Staff General Counsel Miami-Dade Office of the General Counsel 175 Northwest First Avenue, Suite 1101 Miami, Florida 33128 Dear Ms. Walker: On behalf of the Miami-Dade Inspector General, you ask substantially the following questions: 1. Does the Miami-Dade Inspector General qualify as "an appropriate local official" for purposes of the Whistle-blower's Act 2. Do the confidentiality provisions of section 112.3188 , Florida Statutes, apply to all investigations resulting from...
Mr. William E. Partridge Chairman, Whitfield Fire Control District 1800 Second Street Suite 777 Sarasota, Florida 34236 Dear Mr. Partridge: As Chairman of the Whitfield Fire Control District, you have asked for my opinion on substantially the following questions: 1. Are volunteer firefighters for the Whitfield Fire Control District entitled to workers' compensation coverage under Chapter 440 , Florida Statutes 2. Is the Whitfield Fire Control District an agency covered by the sovereign...
Mr. George Ralph Miller Walton County Attorney Post Office Box 687 DeFuniak Springs, Florida 32435 Dear Mr. Miller: On behalf of the Walton County Board of County Commissioners, you ask the following questions: 1. May the county enter into a private dirt road grading service program whereby residents submit requests to grade driveways on private property for the sum of $50 per hour 2. May the county repair private driveways and roads in order to assure access to mail service, school buses, and...
Ms. Robin L. Higgins Executive Director Department of Veterans' Affairs 2540 Executive Center Circle West Douglas Building, Suite 100 Tallahassee, Florida 32301 Dear Ms. Higgins: You ask substantially the following question: Does the removal of the reference in section 320.084 (5), Florida Statutes, to "a `DV' motor vehicle license plate" mean that veterans with Disabled Veteran license plates are now subject to a fee or penalty for parking in any metered parking space In sum: The removal of...
Ms. Jennifer Parker Interim General Counsel Department of Juvenile Justice 2737 Centerview Drive Tallahassee, Florida 32399-3100 Mr. Michael Olenick General Counsel Department of Education The Capitol Tallahassee, Florida 32399-0400 Dear Ms. Parker and Mr. Olenick: On behalf of the Department of Juvenile Justice and the Department of Education, you request the opinion of this office on substantially the following question: Do the quality assurance programs of the Department of Juvenile Justice...
Mr. David La Croix Cape Coral City Attorney Post Office Box 150027 Cape Coral, Florida 33915-0027 Dear Mr. La Croix: You ask substantially the following question: May tax revenues collected pursuant to section 336.025 (1)(a), Florida Statutes, be used to pay to dredge canals that are maintained as part of the city's road and right-of-way drainage program In sum: Taxes collected pursuant to section 336.025 (1)(a), Florida Statutes, may be used to pay for canal dredging within the city to the...
Colonel Henry T. Swann, III Department of Military Affairs Office of the Adjutant General Post Office Box 1008 St. Augustine, Florida 32085-1008 Dear Colonel Swann: You ask substantially the following question: May the Florida National Guard enter into a land use agreement that contains an indemnification agreement In sum: In the absence of specific legislative authorization, the Florida National Guard may not enter into a land use agreement with Pasco County that contains an indemnification...
Mr. Gary E. Eckstine Flagler County Attorney 1200 East Moody Boulevard Number 11 Bunnell, Florida 32110 Dear Mr. Eckstine: On behalf of the Flagler County Board of County Commissioners you ask substantially the following question: May the county commission lease the non-aviation portion of an airport site to a private developer without competitive bid and, if so, are there limitations on such a lease In sum: The board of county commissioners may negotiate a lease for an airport facility...
