Dear Mr. Obos: On behalf of the City of Springfield, you have asked for my opinion on substantially the following question: In proposing to amend its charter by referendum from an annual municipal general election requirement with staggered two-year terms to a new election cycle with elections to occur every other year with staggered four-year terms, may the City of Springfield, by that same referendum, extend the terms of the currently elected mayor and two of the commissioners by one...
Dear Mr. Bailey: On behalf of the Florida Department of Law Enforcement and the Criminal Justice Standards and Training Commission, you have asked for my opinion on substantially the following question: Must local criminal justice agencies comply with section 943.13 , Florida Statutes, requiring the certification of officers variously described as "public service aides" and "community service officers" if those individuals perform the duties of a law enforcement officer In sum: The duties of...
Dear Mr. Goren: On behalf of the City of Pembroke Pines, you ask substantially the following question: May the City of Pembroke Pines hold an attorney-client session under section 286.011 (8), Florida Statutes, to discuss pending litigation where the named defendant is a city employee who is fully indemnified by the city and the city is responsible for the full cost and coordination of the defense, but the city is not a named party In sum: When the City of Pembroke Pines is a real party in...
Dear Mr. Lewis: On behalf of the Board of Supervisors of the Spring Lake Improvement District, you have asked for my opinion on substantially the following questions: 1. Is the Board of Supervisors of the Spring Lake Improvement District authorized to purchase a multi-use golf course facility located within the district that includes a driving range, restaurant, bar, sewer plant and related businesses and manage its operations for water control and recreation purposes for the use and benefit of...
Dear Mr. Coller: As attorney for the Hernando County Board of County Commissioners, you have asked for my opinion on the following question: What is the proper disposition of public records of a municipal services taxing and benefit unit that has been replaced by an independent special district by special act of the Legislature In sum: Public records in the custody of the Spring Hill Fire and Rescue District Municipal Services Benefit Unit should be delivered, pursuant to section 119.021 (4),...
Dear Mr. Battista: On behalf of the Citrus County Board of County Commissioners, your office has asked the following questions: 1. Does the term "residential" in section 604.50 , Florida Statutes, require that persons reside in the dwelling on a full-time basis in order to remove the building from the exemption for nonresidential farm building under this section 2. Regardless of whether a building is determined to be "residential," does the county have the authority to enforce its zoning...
Dear Mr. Cheek: On behalf of the City Commission of the City of Winter Park, you have asked for my opinion on substantially the following question: Whether, pursuant to section 166.021 , Florida Statutes, a municipality is precluded from adopting an ordinance providing a method for filling vacancies on appointive municipal boards if the municipal charter includes a provision authorizing the mayor to annually appoint members of these boards. In sum: Local legislation providing for filling...
Dear Ms. Craig: On behalf of the Board of Commissioners of the North Okaloosa Fire District, you have asked for my opinion on substantially the following questions: 1. Is a resolution adopted by the North Okaloosa Fire District authorizing the district to charge impact fees a general law of local application such that the provisions of Chapter 191 , Florida Statutes, do not affect the district's authority to impose impact fees when the current district charter does not specifically authorize...
Dear Ms. Downs: You ask on behalf of the Orlando City Council and the city Human Resources Division Manager who has been delegated the authority to process requests for the distribution of leave balances for this office's opinion on substantially the following question: Do payments for accrued sick or annual leave constitute "wages" such that payments for such leave may be made to the relatives set forth in section 222.15 (1), Florida Statutes, upon the employee's death In sum: Payments for...
Dear Mr. Kohlmyer: As counsel to the Town of Yankeetown, you ask the following question: May a town council which has received a pre-suit notice letter under the Bert J. Harris Act conduct a closed meeting pursuant to section 286.011 (8), Florida Statutes, to discuss settlement negotiations In sum: A town council which has received a pre-suit notice letter under the Bert J. Harris Act is not a party to pending litigation and, therefore, may not conduct a closed meeting pursuant to section 286....
Dear Ms. Morris: As general counsel for the Marion County School Board and on behalf of the Superintendent of Schools for Marion County, you have asked for this office's opinion on substantially the following question: Does information regarding a school board employee's taxes constitute "payroll deduction records" pursuant to section 1012.31 (3)(a)4., Florida Statutes, making it exempt from Florida's Public Records Act In sum: Tax information appearing on the Marion County School Board's...
Dear Ms. Rogers: On behalf of the Escambia County Board of County Commissioners, you ask the following question: May the county use infrastructure surtax proceeds to contribute to the construction of the Naval Flight Academy to be located on the Pensacola Naval Air Station, a project commenced by the Naval Aviation Museum Foundation and upon completion conveyed to the United States Navy In sum: The county may not use infrastructure surtax proceeds to contribute to the construction of the Naval...
Dear Ms. Young: On behalf of the Duval County Public Schools you ask substantially the following question: Are student assessment tests, developed by teachers to measure student preparedness for college board advanced placement exams, public records subject to inspection and copying under Chapter 119 , Florida Statutes In sum: Student assessment tests developed by teachers to measure student preparedness for college board advanced placement exams are confidential and exempt from the inspection...
Dear Mr. Craig: You ask the following question: May a county charge a plans review fee for a fire inspector to review plans and inspect installation of a fire sprinkler system in a one-family or two-family dwelling to ensure compliance with the Florida Fire Prevention Code when the county has permitted fire sprinkler protection pursuant to section 633.025 (9), Florida Statutes In sum: Section 633.025 (9), Florida Statutes, would preclude a local government from charging an additional fee for...
Dear Mr. Goren: On behalf of the Coral Springs City Commission, you ask the following questions: 1. If the city chooses to maintain a Facebook page, would all contents of the city's page, including information about the city's "friends" and their pictures, and the friend's respective Facebook pages, be subject to the Public Records Law, Chapter 119 , Florida Statutes 2. If Question One is answered in the affirmative, is the city obligated to follow a public records retention schedule as set...
Dear Mr. Smith: As clerk of the circuit court for Putnam County, you ask substantially the following question: In light of the recent amendment to section 28.241 (1)(a)1.b., Florida Statutes, by section 5, Chapter 2009-61 , Laws of Florida, is a clerk of court required to assess a filing fee for the filing of a petition for a domestic violence injunction despite the language of section 741.30 (2)(a), Florida Statutes, which prohibits the assessment of filing fees for such petitions In sum: In...
Dear Mr. McIntyre: As County Attorney for St. Lucie County, you have requested my opinion on substantially the following question: Does section 171.209 , Florida Statutes, authorize a county and an affected municipality to enter into an "Interlocal Service Boundary Agreement" which would make the county responsible for issuing development and building permits and providing inspection services within a delineated service area within the boundaries of the municipality In sum: The Interlocal...
Dear Mr. Jove: On behalf of the City of Hallandale Beach, you ask substantially the following question: May an order of the city's Unsafe Structures Board substitute for a judicial warrant to authorize the city to enter premises found to be in violation of the city's code without the owner's consent, to abate the violations and to arrest the owners In sum: An order of the city's Unsafe Structures Board authorizes the city to enter premises found to be in violation of the city's code in order...
Dear Ms. Lee: On behalf of the Board of County Commissioners and the Hillsborough County Sheriff's Office, you have asked for my opinion on substantially the following question: Is Hillsborough County authorized to enact an ordinance imposing additional restrictions on secondary metals recyclers who are currently regulated under Part II, Chapter 538 , Florida Statutes, or do those statutory provisions preempt this area of regulation to the state In sum: Hillsborough County is authorized by...
Dear Mr. Cantor: On behalf of the City of Hollywood, you ask substantially the following question: May a municipal police department enforce state traffic laws on private roadways within a gated community when the private community has entered into a traffic control agreement with the municipality pursuant to section 316.006 (2), Florida Statutes In sum: A municipal police department may enforce state traffic laws, including speed limits prescribed in sections 316.183 and 316.189 , Florida...
