Dear Mr. Levy: On behalf of the Honorable W.L. Pritchett, Jr., Putnam County Property Appraiser, you ask the following questions: 1. Are vacant lots owned by the Putnam County Habitat for Humanity on January 1 eligible for exemption from ad valorem taxation pursuant to section 196.1978 , Florida Statutes 2. Are vacant lots owned by the Putnam County Habitat for Humanity on January 1 entitled to exemption from ad valorem taxation as a charitable purpose You state that the Putnam County Habitat...
Dear Mr. Kruppenbacher: On behalf of the School Board of Orange County, you have asked for my opinion on the following questions: 1. Is the School Board of Orange County authorized to apply sales surtax revenues among the capital projects listed in the 2002 school board plan setting out the intended uses for proceeds of the sales surtax, to either the renovation of existing schools or to new school construction as it may determine from year to year in its discretion 2. Is the School Board of...
Dear Mr. Chipok: On behalf of the Volusia Growth Management Commission, you ask substantially the following questions: 1) Does membership on the Volusia Growth Management Commission constitute an office for purposes of the constitutional prohibition against dual office holding contained in Article II , section 5 (a), Florida Constitution 2) Do the provisions of section 286.012 , Florida Statutes, setting forth voting requirements at meetings of governmental bodies, apply to the Volusia Growth...
Dear Superintendent James: You ask substantially the following question: Does section 1001.452 , Florida Statutes, require the composition of the school advisory council to reflect the racial balance of the student population attending the school served by the advisory council This office has been advised that the Gadsden County School Board has joined in your request. According to your letter, the auditor for the district submitted preliminary tentative audit findings to the school district...
Dear Mr. Stebbins: On behalf of the Santa Rosa Island Authority, you have asked for my opinion on substantially the following question: Is the Santa Rosa Island Authority authorized to offset lease fees payable to the authority from commercial leaseholders equal to ad valorem taxes collected against commercial leaseholders The Santa Rosa Island Authority was created by Chapter 24500, 1947 Laws of Florida, as a dependent special district of the county. 1 The authority is a board created and...
Dear Mr. Schultz: On behalf of the Miami-Dade County Value Adjustment Board, you have asked for my opinion on substantially the following questions: 1. For purposes of section 194.015 , Florida Statutes, as amended by section 4, Chapter 2008-197 , Laws of Florida, what is the nature and extent of the ownership interest that a person must have to meet the qualification that he or she "own a business occupying commercial space located within the school district " 2. Assuming that a person...
Dear Mr. Robertson: On behalf of the City of Live Oak, you ask substantially the following question: 1. May the City of Live Oak allow its elected officials and its employees to opt out of the city's group health insurance plan and, in lieu thereof, receive compensation in the amount of the unused premium 2. If so, may the City of Live Oak allow only its elected officials to participate in the optional program You state that the City of Live Oak provides health insurance coverage for its...
Dear Sheriff White: You have asked for my opinion on substantially the following questions: 1. Does section 849.0931 , Florida Statutes, as amended by Chapter 2007-228 , Laws of Florida, require that charitable, nonprofit or veterans organizations conduct "real time" bingo games at designated locations in order to sell "instant bingo" tickets or can the amendment be read to allow any charitable, nonprofit or veterans organization to sell "instant bingo" tickets regardless of whether they...
Dear Chief Berger: You have asked for my opinion on substantially the following question: Pursuant to section 741.29 (2), Florida Statutes, what event initiates the 24-hour time requirement to submit a domestic violence report to the nearest certified domestic violence shelter Section 741.29 , Florida Statutes, requires law enforcement officers investigating incidents of domestic violence to "advise the victim of such violence that there is a domestic violence center from which the victim may...
Dear Messrs. English and Thiele: You have jointly asked substantially the following questions: 1. Is the City of Tallahassee or Leon County responsible for the routine maintenance of sidewalks constructed after July 1, 1995, on public roads owned by Leon County, but located within the city limits, irrespective of when the road was constructed 2. Is the City of Tallahassee or Leon County responsible for the routine maintenance of medians on public roads owned by Leon County, but located within...
Dear Mr. Drage: As County Attorney for Orange County you have asked for my opinion on substantially the following question: Pursuant to section 119.07 (1), Florida Statutes, is a list of law enforcement officers who have been placed on administrative duty by the Orange County Sheriff's Office subject to inspection and copying or is information contained in such a list confidential pursuant to section 112.533 (2)(a) and (4), 1 Florida Statutes, if the information on that list will identify...
Dear Mr. Fetterman: On behalf of Sheriff Ken Mascara, you ask substantially the following question: May the sheriff voluntarily reduce his salary below that established by Chapter 145 , Florida Statutes You state that the sheriff is interested in foregoing a portion of his salary and accepting a salary less than that prescribed by Chapter 145 , Florida Statutes. You have apparently advised the sheriff that the salaries of county officers, including the sheriff, prescribed by Chapter 145 may...
Dear Mr. Alley: On behalf of the City Council of the City of Fort Myers, you ask the following question: Does section 163.380 , Florida Statutes, require a municipality to advertise the disposition of municipally-owned land located within a community redevelopment area when such property was acquired by the municipality prior to the implementation of the Community Redevelopment Act of 1969 and the creation of the redevelopment area You state that the City of Fort Myers created a community...
Dear Chief Bush: You ask substantially the following question: Are patrol trip sheets and the information contained therein exempt from public disclosure pursuant to section 119.071 (2)(d), Florida Statutes You state that patrol trip sheets identify the officer, the location and hours he or she works and identify the locations to which officers have responded for emergency and non-emergency purposes. You have provided copies of such sheets which appear to be a historical account of an officer'...
Dear Mr. Steinfeld: As City Attorney for the City of Margate, you have asked for my opinion on substantially the following question: Is the City of Margate authorized by section 112.0801 (1), Florida Statutes, to offer retiring employees a one-time opportunity to participate in the city's employee group health and life insurance program without allowing those retirees who have dropped participation in the city's insurance program another opportunity to participate in that program in the future...
Dear Mr. Shepard: On behalf of the City of Maitland City Council, you ask substantially the following question: In order to avoid a violation of Florida's constitutional dual office-holding prohibition, at what point in time must a person serving in a municipal office resign from that office to become a member of the city council According to your letter, the City of Maitland held its general municipal elections on January 29, 2008. Currently, a candidate who is an unsalaried member of the...
Dear Mr. McIntyre: You have asked substantially the following question: Does section 828.30 (5), Florida Statutes, prohibit a local government from entering into a contract with a private entity to assist in the administration of its animal registration ordinance You state that the St. Lucie County Board of County Commissioners has adopted a county ordinance requiring the registration of dogs and cats in the unincorporated area of the county. 1 Section 1-4-30(a), St. Lucie County Code of...
Dear Mr. Ellspermann: You ask substantially the following question: Must a sinkhole report submitted to the clerk of court for recording pursuant to section 627.7073 , Florida Statutes, be acknowledged and notarized pursuant to section 695.03 , Florida Statutes According to information provided by your office, a sinkhole report has been recorded by the Marion County Clerk's Office pursuant to section 627.7073 , Florida Statutes. An attorney has requested that the clerk expunge the report since...
Dear Mr. Hallman: As Nassau County Attorney, you have asked for my opinion on substantially the following questions: 1. Does section 194.015 , Florida Statutes, as amended, preclude an attorney who represents a taxing authority outside of Nassau County from representing the Nassau County Value Adjustment Board 2. If the answer to Question One is in the negative, can two attorneys for different counties represent the Value Adjustment Board of the county in which they do not serve as County...
Dear Chairman Lawson: On behalf of a majority of the members of the Board of Supervisors of the Hawthorne Mill Community Development District, you ask the following question: What are the audit requirements for community development districts created pursuant to Chapter 190 , Florida Statutes The Hawthorne Mill Community Development District is an independent special district created pursuant to the provisions in Chapter 190 , Florida Statutes, by the City of Lakeland. 1 Chapter 190 , Florida...
