Dear Mr. Miller: As General Counsel to the Housing Finance Authority of Palm Beach County, Florida, and at the request of a majority of the members of the authority, you have requested my opinion on the following question: Does section 159.606 , Florida Statutes, prohibit a person from being a member of a housing finance authority if the member's spouse is a partner in a law firm that provides legal services to the developers of one or more "qualifying housing developments" requesting financing...
Dear Mr. Jett: You have requested my opinion on substantially the following question: May a deputy clerk of court, employed in the recording department within the Clerk of Court's office, also hold an elected position as a county commissioner without violating the dual office-holding prohibition contained in Article II , section 5 (a), Florida Constitution In sum: A deputy clerk of court, employed in the recording department within the Clerk of Court's office as the Director of Special...
Dear Mr. Groot: As City Attorney for the City of Sanford and on behalf of the City Commission, you have asked for my opinion on substantially the following question: In light of the enactment of Chapter 2011-109 , Laws of Florida, may the City of Sanford continue to impose a local business tax as authorized by Chapter 205 , Florida Statutes, upon gun dealers and gunsmiths In sum: While Chapter 2011-109 , Laws of Florida, preempts to the state the entire field of regulation of firearms, it does...
Dear Messrs. Schultz and Cole: As the attorney for the Miami-Dade County Value Adjustment Board 1 and as a member of the Miami-Dade County Vizcaya Museum and Gardens Trust, you have asked for my opinion on substantially the following questions: 1. Is an appointed member of the Board of Trustees of the Miami-Dade County Vizcaya Museum and Gardens Trust an appointed official or employee of the county or of a taxing jurisdiction or of the state for purposes of section 194.035 (1), Florida Statutes...
Dear Mr. Levy: On behalf of Mr. C. Raymond McIntyre, Highlands County Property Appraiser, you have requested my opinion on substantially the following questions: 1. Whether privately-owned property should be removed from the tax rolls and no longer subjected to ad valorem taxation because the owner has recorded a Declaration of Land Patent 2. Whether privately-owned property should be removed from the tax rolls and no longer subjected to ad valorem taxation because the owner has transferred...
Dear Ms. Holley: You ask substantially the following question: Does section 388.111 , Florida Statutes, or section 3(3), Chapter 2002-346 , Laws of Florida, control the manner in which a vacancy is filled on the board of commissioners for the Florida Keys Mosquito Control District In sum: Section 3(3), Chapter 2002-346 , Laws of Florida, as the more recent and specific legislative directive, controls the manner in which a vacancy is filled and calls for the Governor to appoint an individual to...
Dear Mr. Ramage: On behalf of the Florida Department of Law Enforcement (FDLE), you ask the following questions: 1. Are the email addresses and corresponding home, school, and other "watched addresses of concern" with the FDLE Offender Alert System exempt from disclosure under section 119.071 (5)(j), Florida Statutes (Chapter 2011-85 ) 2. If the response to the first inquiry is "Yes," then if a Public Records Request for such information was made prior to July 1, 2011, does the exemption apply...
Dear Mr. Green: As Executive Director of the St. Johns River Water Management District, you have requested my opinion on substantially the following questions: 1. May the St. Johns River Water Management District adopt a policy prohibiting smoking by all persons, including district employees, who may be present at any location on its headquarters and service centers property pursuant to its proprietary right as a landowner to manage its property, or does the Clean Indoor Air Act preempt such...
Dear Mr. Dykes: On behalf of the City of Fort Walton Beach, you ask the following question: 1 Does section 166.0495 , Florida Statutes, authorize the City of Fort Walton Beach to enter into an interlocal agreement to provide law enforcement services only to adjoining municipalities in the same county or may it enter into an interlocal agreement to provide law enforcement services to any municipality, adjoining or not, located within the same county in which the city is located In sum: Section...
Dear Mr. Senft: On behalf of the governing board of the Southwest Florida Water Management District, you have requested my opinion concerning the application of sections 255.20 and 287.055 , Florida Statutes (section 287.055 is known as the CCNA or the Consultants Competitive Negotiation Act), to the procurement of construction and construction management services. Your question is substantially as follows: Whether the Southwest Florida Water Management District may lawfully use a "hybrid"...
Dear Mr. Lynchard: On behalf of the Santa Rosa County Board of Commissioners, you have asked for my opinion on substantially the following questions: 1. May Santa Rosa County regulate the recreational discharge of firearms in residentially zoned areas in light of section 790.33 , Florida Statutes 2. May a county impose new regulations impacting a private shooting range if the shooting range is not in compliance with current "National Rifle Association gun safety and shooting range standards "...
Dear Mr. Goren: On behalf of the North Broward Hospital District, you have asked for my opinion on the following questions: 1. How are the members of the North Broward Hospital District's Board of Commissioners able to exercise their "charter oversight duties," if at all, given the "explicit segregation of duties between the functions of operational management of the district and oversight by the board," as stated in the district charter, as amended 2. Are the board members of the North...
Dear Mr. Johnson: Your firm serves as counsel for the School Board of Lake County, Florida, and a majority of the members of the board have requested an Attorney General Opinion on substantially the following question: May the School Board of Lake County remove from a personnel file or destroy an assessment of professional performance standards for an assistant superintendent that was not filed by the school superintendent in accordance with the requirements of section 1012.34 (3)(c), Florida...
Dear Mr. Lapp: You ask substantially the following question: Pursuant to section 125.35 (1)(b)1., Florida Statutes, may the county negotiate a lease of its airport property to a private party for use as a public airport for a term in excess of 30 years, notwithstanding section 332.08 (3), Florida Statutes In sum: Section 125.35 (1)(b)1., Florida Statutes, authorizes the county to negotiate a lease of its airport property to a private party for a length of term and under such conditions the...
Dear Mr. Gibson: As legal advisor for the St. Petersburg Police Department, you have asked for my opinion on substantially the following question: Is it lawful for a law enforcement officer to conduct a pat-down for weapons for officer safety purposes, without reasonable suspicion said person is armed, prior to transporting a child who is not arrested, but is otherwise lawfully detained and involuntarily being transported pursuant to section 984.13 , Florida Statutes 1 In sum: Based on the...
Dear Messrs. Goren and Horowitz: On behalf of the South Florida Regional Planning Council, you have asked for my opinion on substantially the following question: Is the South Florida Regional Planning Council considered a "unit of government" as that phrase is used in section 215.425 , Florida Statutes, as amended by Chapter 2011-143 , Laws of Florida, for the purpose of determining severance payments for its employees In sum: The South Florida Regional Planning Council is a "unit of...
Dear Mr. Hess: You ask substantially the following question: Does the electronic game operated by a veterans' organization as described in your letter constitute an illegal slot machine or device In sum: Based upon the information you have provided regarding the electronic machine in question, such a machine would appear to constitute an illegal slot machine or device. You state that a local veterans' organization has acquired electronic games which appear to be slot-type machines. This office...
Dear Mr. Nicoletti: On behalf of the City of Stuart, you ask substantially the following question: Does the Florida False Claims Act encompass false or fraudulent claims presented to a municipality 1 In sum: The Florida False Claims Act does not encompass false or fraudulent claims presented to a municipality. The Florida False Claims Act, sections 68.081 - 68.09 , Florida Statutes, authorizes civil actions to be brought by individuals and the state against persons who file or conspire to file...
Dear Mr. Lapp: On behalf of the Hendry County Board of County Commissioners, you ask substantially the following questions: 1. May Hendry County sell its county-owned airport to a private party 2. If so, must it sell the property using the competitive process prescribed in Chapter 125 , Florida Statutes In sum: 1. Hendry County is authorized to sell the county-owned airport to a private party if the county commission makes a determination that the county no longer needs the property for...
Dear Mr. Angeliadis: On behalf of the Board of County Commissioners of Sumter County, you request a legal opinion on substantially the following questions: 1. What is the formula, and source of data represented therein, utilized to calculate the county's portion of "local matching funds" required by section 394.76 , Florida Statutes 2. Are "in-kind" contributions by the county considered in determining the county's contribution pursuant to section 394.76 , Florida Statutes 3. May the county...
