Can a Florida city enforce its alcohol ordinances on the grounds of a state community college located inside the city?

Plain-English summary

The Melbourne city attorney asked the AG's office whether valid municipal ordinances regulating alcohol were enforceable on property owned or controlled by Eastern Florida State College, a Florida College System institution. The office declined to issue a formal opinion, citing its standing policy that it would not opine on the responsibilities of one government officer at the request of another without participation from the affected agency, and grounding that policy in section 16.01(3), Florida Statutes.

Senior Assistant Attorney General Gerry Hammond did offer informal comments. He quoted section 1001.64(5), Florida Statutes, which gives each Florida College System board of trustees responsibility for use and control of institution property and permits restrictions involving alcoholic beverages. He said it appeared that the Legislature intended to give boards responsibility for policies restricting activities and access to alcohol on college property. The letter did not decide whether Melbourne could enforce its ordinances there.

Currency note

This opinion was issued in 2016. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Before relying on this informal letter, check the current text of section 1001.64 and any later authority addressing the particular ordinance and college property.

Common questions

Q: Why didn't the AG issue a formal opinion?
A: The office said its policy was not to comment on the responsibilities of one governmental agency at another's request. Because the question involved enforcing city ordinances on Eastern Florida State College property, it would not answer without a request that included the college.

Q: What did section 1001.64(5) actually say at the time?
A: It made each board of trustees responsible for the "use, maintenance, protection, and control" of institution buildings and grounds, among other property. It said that authority may include restrictions involving alcoholic beverages. The office's informal view was that the Legislature appeared to intend boards to be responsible for such policies.

Q: Did the opinion say city ordinances never applied on college property?
A: No. The office declined to decide the ordinance-enforcement question without the college participating. Its comment about trustee authority was expressly informal and phrased as what the Legislature "appears" to have intended.

Q: Who enforced laws on Eastern Florida State College property?
A: The letter said section 1001.64 places responsibility for law enforcement within each board's jurisdiction with the board and authorizes it to employ police officers. It did not decide which authority could enforce Melbourne's alcohol ordinances on the campus.

Q: What would the AG's office need before addressing the city's question?
A: It said it would not comment on enforcement of city ordinances on the college's property without a request that included the college. The letter recommends no other course of action.

Background and statutory framework

The letter states that Eastern Florida State College operates under Part III of Chapter 1001, Florida Statutes. It cites section 1001.64(5) for a board's responsibility for institution property and its power to place restrictions involving alcohol. It also mentions board responsibility for law enforcement within its jurisdiction. The office gave those observations informally after declining to decide whether Melbourne's ordinances applied to college property.

Citations and references

Statutes:

• § 16.01(3), Fla. Stat. (AG opinion authority)
• § 1001.64, Fla. Stat. (Florida College System trustee powers)
• § 1012.88, Fla. Stat. (college law enforcement officers)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/alcoholic-beverages-municipal-ordinances
• Official print view: https://www.myfloridalegal.com/print/pdf/node/8058

Original opinion text

Ms. Alison L. Dawley

City Attorney

City of Melbourne

900 E. Strawbridge Avenue

Melbourne, Florida 32901

Dear Ms. Dawley:

Thank you for contacting the Florida Attorney General's Office for assistance in determining "[w]hether valid municipal ordinances regarding alcohol are enforceable on property owned or controlled by college institutions of the Florida College System[.]" Attorney General Bondi has asked me to respond to your letter.

After reviewing the information you have submitted, it does not appear that this is a matter upon which this office may comment. The Florida Attorney General is statutorily authorized to provide legal opinions on questions of state law relating to the duties and responsibilities of governmental officers and agencies. See section 16.01(3), Florida Statutes, and Department of Legal Affairs Statement Concerning Attorney General Opinions (available as FAQ at myfloridalegal.com). It is the policy of this office not to comment on the duties and responsibilities of one governmental officer or agency at the request of another. Thus, with a fact situation such as the one you present, i.e., the enforcement of municipal ordinances on the property of another governmental agency, Eastern Florida State College, this office will not comment in the absence of a request that includes the college.

However, in an effort to assist you I offer the following informal comments.

Eastern Florida State College is a Florida College System institution operating pursuant to Part III, Chapter 1001, Florida Statutes. The powers and duties of Florida College System institution boards of trustees are set forth in section 1001.64, Florida Statutes. Among those powers is that expressed in subsection (5):

"Each board of trustees shall have responsibility for the use, maintenance, protection, and control of Florida College System institution owned or Florida College System institution controlled buildings and grounds, property and equipment, name, trademarks and other proprietary marks, and the financial and other resources of the Florida College System institution. Such authority may include placing restrictions on activities and on access to facilities, firearms, food, tobacco, alcoholic beverages, distribution of printed materials, commercial solicitation, animals, and sound." (e.s.)

Thus, it appears that the Legislature intended to give the responsibility for policies placing restrictions on activities and access to alcoholic beverages on college property to the boards of trustees of Florida College System institutions.[1] This statute also places responsibility for law enforcement within their jurisdiction with each board of trustees and authorizes each board to employ police officers to accomplish the duties imposed by the statute.[2]

I trust that these informal comments will assist you in advising your client, the City Council of the City of Melbourne.

Sincerely,

Gerry Hammond

Senior Assistant Attorney General

GH/tsh

________________

[1] And see s. 1001.64 (4)(b) and (8), Fla. Stat., authorizing the adoption of policies by each Florida College System institution board of trustees for such things as the buildings and grounds of the institution and student activities.

[2] Section 1001.64 (23), Fla. Stat. And see s. 1012.88, Fla. Stat.