Can the Florida Attorney General give a legal opinion to a private citizen?

Plain-English summary

A private individual wrote to the Attorney General asking for an opinion about section 112.0801, Florida Statutes, the law on retiree health insurance. This letter is the office's response, and it is mostly about who the office is allowed to advise rather than the retiree-insurance question itself.

Section 16.01(3), Florida Statutes, lets the Attorney General give legal opinions to certain public officials on questions about their own official duties. The office acts as the lawyer for the State of Florida and its agencies, so it cannot give legal advice or opinions to private individuals. Rather than leave the writer empty-handed, the office enclosed copies of earlier opinions interpreting section 112.0801, drawing attention to Opinions 99-44 and 08-41, which discuss the statutory phrase "at a premium cost of no more than the premium applicable to active employees." It also pointed him to the searchable opinion database on the AG's website and to The Florida Bar's Lawyer Referral Service and local legal aid for actual legal help.

Currency note

This opinion was issued in 2015. 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.

What the letter covered

Private citizens

The letter explains, in plain terms, that the Attorney General cannot answer legal questions from private individuals. Under section 16.01(3) the office's opinion function is limited to public officials asking about their own duties. A citizen with a question like retiree-insurance eligibility under section 112.0801 should consult a private attorney or legal aid, and can review the AG's published opinions on the topic for background.

Common questions

Q: Can I ask the Florida Attorney General for a legal opinion on my own situation?
A: No. The opinion function under section 16.01(3) is limited to certain public officials asking about their official duties. The office cannot give legal advice to private individuals.

Q: Where can a private citizen get legal help instead?
A: The letter pointed to The Florida Bar's Lawyer Referral Service and to local legal aid offices for those who cannot afford an attorney, and noted the AG's website hosts a searchable database of published opinions.

Q: What did the letter say about retiree insurance under section 112.0801?
A: It did not answer the question. It referred the writer to earlier opinions on the statute, particularly 99-44 and 08-41, which discuss the requirement of "a premium cost of no more than the premium applicable to active employees."

Background and statutory framework

Section 16.01(3), Florida Statutes, defines the scope of the Attorney General's opinion-writing authority: the office may render legal opinions to designated public officials on questions of law pertaining to their own official duties. Because the office serves as counsel to the State and its agencies, it does not advise private parties, who are directed to private counsel. The underlying subject the writer asked about, section 112.0801, governs the right of retirees of state and local government to continue in the employer's group health insurance, including the premium-parity language the referenced opinions address.

Citations and references

Statutes:

• § 16.01, Fla. Stat. (Attorney General opinions)
• § 112.0801, Fla. Stat. (retiree insurance)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/retirement-insurance
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8076

Original opinion text

Mr. Edward J. Whitehead

4732 Flatbush Avenue

Sarasota, Florida 34233

Dear Mr. Whitehead:

This office has received your correspondence requesting an Attorney General's Opinion on questions involving section 112.0801, Florida Statutes. Attorney General Bondi asked me to respond to your letter.

Section 16.01(3), Florida Statutes, authorizes the Florida Attorney General to render legal opinions to certain public officials on questions of law pertaining to their own official duties and responsibilities. By law, our office acts as the attorney for the State of Florida and its agencies. Thus, this office is precluded from providing legal advice or opinions to private individuals.

However, in an effort to be of some assistance to you, I have copied several previously issued Attorney General Opinions considering the provisions of section 112.0801, Florida Statutes. I enclose these copies and direct your attention particularly to Attorney General Opinions 99-44 (1999) and 08-41 (2008), which both discuss the language of the statute: "at a premium cost of no more than the premium applicable to active employees." You may wish to do additional research on this topic by accessing the Attorney General's website which provides a searchable database of previously issued formal Attorney General Opinions from 1974 to date. Please visit the Attorney General's website at www.myfloridalegal.com.

Further, if you have not already done so, please consider contacting a private attorney for any legal guidance you may need. The Florida Bar offers a Lawyer Referral Service toll-free at (800) 342-8011. If you cannot afford an attorney, you may be eligible for low cost or pro bono assistance through a local legal aid office. More information about local legal aid is online at http://floridalawhelp.org/.

I trust that the information we are providing will be helpful to you and that you understand that the inability of this office to provide you with more direct assistance is the result of statutory limitations, not a lack of concern.

Sincerely,

Gerry Hammond

Senior Assistant Attorney General

GH/tsh

Enclosures: Ops. Att'y Gen. Fla. 08-41 (2008),

        99-44 (1999), 96-06 (1996), 79-97 (1979)