Florida Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Florida, with full citations and the original source on every page.
Can a Florida county require building permits for temporary lodging used during agritourism events on a working farm?
No. If the lodging is part of a bona fide agritourism activity (such as equestrian competitions on a working farm), Florida law preempts counties from imposing building permits or site plan requiremen…
Does Florida's law on selling or leasing municipal hospitals (§ 155.40) apply when a city transfers hospital assets to a state university?
No. Section 155.40 only governs sales or leases of municipal hospitals to for-profit or not-for-profit Florida entities. A state university is a state agency, a governmental entity, and is not a for-p…
Can a Florida town pass an ordinance requiring stores to submit a shopping cart retention plan or install a cart-retention system?
No. Florida law (§ 506.5131) expressly preempts municipal ordinances that require retailers to submit shopping cart retention plans, allow the town to deny those plans, impose monetary penalties for n…
Are Florida laws that give racial preferences, use race-based classifications, or impose racial quotas unconstitutional?
Yes, in the Attorney General's view. The opinion concludes that Florida laws which mandate race-based state action, including affirmative action requirements (§ 110.112), minority contracting set-asid…
Can a Florida county invoke 'extraordinary circumstances' to raise impact fees above the 50% statutory cap based on steady population growth alone?
No. A 17% population increase over five years (about 3.4% annually) is steady, not extraordinary, and does not qualify as the 'extraordinary circumstances' that § 163.31801 requires before a county ca…
If a Florida city's road was dedicated by an old subdivision plat, who owns the underlying land, the city or the abutting property owner?
Under a common law dedication (which is what most pre-1935 plats created), the abutting landowner keeps title to the land under the road, subject only to the public's easement. That owner can petition…
After Florida's open carry ban was struck down in McDaniels, can private investigators, security officers, and repossession agents still be required to hold a Class G license or barred from carrying firearms while working?
Yes. The McDaniels decision invalidated Florida's general open carry ban for ordinary citizens but did not address the licensing and restrictions that apply to security professionals. Private investig…
Can the Miami City Commission move municipal elections from odd to even years, or change officials' terms of office, without a vote of the electorate?
No. Because Miami sits in Miami-Dade County, the 1885 Florida Constitution and the County's Home Rule Charter make the voter-referendum process the exclusive method for amending a municipal charter. T…
Can a Florida chief judge ban state attorneys and their investigators from carrying firearms in the courtroom?
No. State attorneys, assistant state attorneys, and their investigators are statutorily defined as law enforcement officers and are exempt from Chapter 790's restrictions when acting in the line of du…
Can a Florida university presidential search committee use a search firm to anonymously survey its members and rank candidates outside of a public meeting?
No. Florida's Sunshine Law applies to university presidential search committees, and using an outside firm to anonymously rank candidates is an 'evasive device' that circumvents public deliberation. A…
Under Florida law, does attaching a stabilizing brace to a pistol turn it into a 'short-barreled rifle'?
No. Under § 790.001(11), Fla. Stat., a 'short-barreled rifle' is defined by the firearm's fundamental design and operational characteristics, barrel length and overall length on a rifled-bore weapon i…
Can the owner of one townhouse unit in a four-unit building use the Florida owner-builder exemption to do their own construction work without a contractor's license?
No. The owner-builder exemption in § 489.103(7)(a)(1), Fla. Stat. applies only to one-family or two-family residences with a single owner. A townhouse unit in a four-unit building, owned separately fr…
Can a Florida circuit court clerk sell uncollected court-ordered debts (court costs, fines, attorney-fee liens) to a third-party debt buyer?
No. Section 28.246, Fla. Stat. lays out an exhaustive list of how clerks must pursue collection of court-ordered debts (in-house, payment plan, private attorney, or registered collection agent). Outri…
Can a Florida city use a zoning overlay to allow vacation rentals in only part of a residential neighborhood while banning them in the rest?
No. Florida law (§ 509.032(7)(b)) prohibits cities from regulating the 'frequency' of vacation rentals, and a zoning overlay that allows rentals in some areas but not others with the same base zoning …
After the Governor's 2020 emergency order on remote local-government meetings expired, were Florida district school board advisory committees still allowed to meet remotely without an in-person quorum?
No. After the expiration of Executive Order 20-69, school board advisory committees were required to follow the same in-person quorum and physical-meeting-location rules that apply to the school board…
Can a Florida city ban the sale of vaping devices completely, or at least raise the legal sale age from 18 to 21?
A complete ban is preempted by section 775.082, Florida Statutes. But a Florida city can prohibit the sale of vaping devices to persons aged 18 to 20 (effectively setting a local age-21 minimum), as l…
Can a Florida hospital district that is the lessor of a hospital (but not the hospital's governing board) close its meeting under the public-hospital strategic-plan exemption?
No. The exemption from the Sunshine Law in section 395.3035(4)(a), Florida Statutes, applies only to meetings of the 'governing board' of a public hospital. The Marion County Hospital District identif…
Are dual-role public safety officers (who serve as both firefighters and law enforcement officers) eligible for Florida's firefighter cancer benefits?
Only if their primary responsibilities are firefighting. The Attorney General concluded that section 112.1816, Florida Statutes, defines 'firefighter' as an individual employed as a full-time firefigh…
Are tattoo studios required to post Florida's human trafficking public awareness signs?
Yes. The Attorney General concluded that tattoo establishments are 'businesses or establishments that offer bodywork services for compensation' within the meaning of section 787.29(3)(b), Florida Stat…
Does a Florida municipality have to file a separate document in the county records to enforce its statutory lien for unpaid water or other utility bills against a new property owner?
No filing is required. The Attorney General concluded that the lien created by section 159.17, Florida Statutes, attaches automatically and does not need to be recorded in the county's official record…
Can a Florida city run a temporary pilot program allowing some vacation rentals, then snap back to its pre-2011 total ban once the pilot ends?
No. Section 509.032(7)(b), Florida Statutes, expressly preempts cities from regulating the duration or frequency of vacation rentals, with a grandfather clause for ordinances enacted on or before June…
Can a Florida city require official military documentation of hours served before paying its employees for the up-to-240 hours of paid military leave under state law?
Yes. The Attorney General concluded that the City of Miami Beach may require its officers and employees to provide documentation of the hours they spent on military or National Guard duty for purposes…
During the COVID-19 emergency, can a Florida county or city commission hold its public meetings entirely by video or phone, or does someone have to be physically in the room?
Under existing law in March 2020, the AG concluded that local government bodies could conduct meetings by teleconference or other technological means only if (1) a statute specifically allowed members…
Can a Florida county use tourist development tax money to pay airfare and travel costs for travel writers and tour brokers to attend tourism promotion events?
No, not unless those travel writers or tour brokers are themselves traveling on official agency business under section 125.0104(9)(c). The AG read section 125.0104(9)(a) of the Local Option Tourist De…
After a Florida tax deed sale produces a surplus, do governmental lienholders lose their claim if they don't file a request for the surplus within 120 days?
No. The AG concluded that section 197.582 distinguishes between (a) governmental units holding liens of record against the property, who must be paid first from the surplus regardless of whether they …
Is Florida's Education Practices Commission, which disciplines teachers and school administrators, treated as a 'state agency' for purposes of the public records law, the Administrative Procedure Act, and the open-meetings rules?
Yes. The AG concluded that the Education Practices Commission is an agency of state government for purposes of chapter 119 (public records), chapter 120 (Administrative Procedure Act), and the open-me…
Can a Florida city council move its municipal election day from a March date set by an old special law to November to align with state general elections, by ordinance and without holding a referendum?
Yes. Sections 100.3605(2), 101.75(3), and 166.021(4), Florida Statutes, authorize a municipality to move its election date by ordinance, even when an older special law specified the prior date. The 20…
Can a Florida county use its 'bed tax' (tourist development tax) to repair or improve a city-owned museum building that is operated as a museum by a for-profit company?
No. Section 125.0104(5)(a) authorizes tourist development tax revenue to be used only on museums that are 'publicly owned and operated' or 'owned and operated by not-for-profit organizations.' A publi…
Once a Florida city council has appointed itself as the governing board of its community redevelopment agency, can it later transfer that authority to a separate independent board?
No. Chapter 163 of the Florida Statutes, the Community Redevelopment Act, does not authorize a city council that has declared itself the CRA board to later hand off that role to an independent board o…
If a Florida county wants to extend its 1% local sales surtax with a longer duration than the prior version, can it skip the costly performance audit that ordinarily comes before a surtax referendum?
No. The audit-exemption applies only when the new surtax matches the prior one in 'all material respects,' which the AG concluded must include duration if the prior surtax had one. Charlotte County's …
Can a Florida water control district let its landowners vote by mail (absentee ballot) for the three landowner-elected seats on its Board of Supervisors at the annual landowners' meeting?
AG Moody concluded in 2019 that there is no language in the District's charter or in Chapter 298, Florida Statutes, that authorizes voting by mail in district landowner elections. Section 298.11(2) ex…
Can a Florida public agency hire a third-party cybersecurity firm to do penetration testing on its computers, knowing that during the test the vendor might see records (like Social Security numbers and law enforcement officers' home addresses) that are confidential or exempt under Florida's public records law?
Yes, with conditions. The AG concluded that incidental access to confidential or exempt records during properly scoped penetration testing under a confidentiality agreement does not violate Chapter 11…
If a Florida city had a pre-2011 ordinance regulating vacation rentals (which is grandfathered from the state's preemption statute), can it amend that ordinance to allow vacation rentals in additional zoning districts without losing its grandfathered protection?
AG Moody concluded in 2019 that amending a pre-June 1, 2011 ordinance does not, by itself, destroy grandfathering for the unchanged provisions, but any new provision that prohibits vacation rentals or…
When a Florida municipality owns and operates an airport and leases hangar space to private aircraft owners purely for non-commercial storage, are those leasehold interests exempt from county ad valorem property tax?
AG Moody concluded in 2019 that leasehold interests in city-owned hangars at the Fernandina Beach Municipal Airport, leased to private aircraft owners for non-commercial aircraft storage, were exempt …
Can a Florida community development district divide itself into voting zones, with each zone electing one board member to ensure each subdivision within the district gets representation?
AG Moody concluded in 2019 that Chapter 190, Fla. Stat., does not authorize a community development district to create voting zones. Section 190.006(3)(a)1 only requires elected board members to be 'q…
Does Florida § 648.44(1)(b), which limits how bail bond agents can advertise and distribute information inside jails, prisons, detention centers, and courts, violate the First Amendment commercial-speech rights of bail bond agents?
AG staff (in an informal letter, not an official opinion) declined to opine on the constitutionality of an existing Florida statute, consistent with longstanding office policy. The letter offered gene…
Can a Florida county require businesses to use E-Verify as a condition of getting their local business tax receipt?
No. The Florida AG concluded in 2019 that Chapter 205 of the Florida Statutes does not authorize counties to add E-Verify (or any other immigration-status condition) to the local business tax. The Leg…
Can a non-charter county in Florida impose term limits on its county commissioners?
No. The Florida AG concluded in 2019 that non-charter counties have no constitutional or statutory authority to impose term limits on commissioners, and that the Legislature itself cannot grant that p…
Can a Florida nonprofit's board of directors put non-directors on a committee that exercises board authority?
No. The Florida AG concluded in 2019 that section 617.0825(1) lets a board designate committees only 'from among its members.' Outside (non-director) people cannot sit on a committee that exercises th…
Can a Florida county use tourist development tax (bed tax) money to add bicycle-friendly shoulders to a county road?
No, not under the small-county nature center option. The Florida AG concluded in 2019 that a paved scenic road, even one used by tourist cyclists, is not a 'nature center' under section 125.0104(5)(b)…
What is Florida's qualifying statute for the federal Rape Survivor Child Custody Act, and is it still in force?
Section 39.806(1)(m), Florida Statutes, enacted in 2013, is Florida's RSCCA-qualifying statute. The Florida AG's office certified in January 2019 that the statute had not been amended since enactment …
Can a Florida city or county pass its own ordinance regulating e-cigarettes, vaping, and nicotine sales, or has the Florida Legislature preempted local regulation?
The Florida AG concluded in 2019 that section 877.112 does not expressly or impliedly preempt local regulation of nicotine products. The word 'preemption' appears only in the section heading; the body…
Can a Florida county accept a notarized photocopy of a signed-and-sealed engineering or architecture document for permit review, instead of the original?
No. The Florida AG concluded in 2019 that a notary's attestation that a copy is 'true and correct' or that the original signature 'complies with state law' does not turn the copy into the legal equiva…
When Florida voters change a county school superintendent from an elected to an appointed position, can the school board immediately replace the sitting elected superintendent?
No. The Florida AG concluded in 2019 that Article IX, section 5 of the Florida Constitution does not contain the clear and unequivocal language needed to cut short an elected superintendent's four-yea…
If a Florida county mayor personally appoints a constituent advisory group, does the Sunshine Law require the group to meet in public?
It depends on what the group does, not who appointed it. The Florida AG concluded in 2019 that an advisory group formed by Broward County Mayor Mark Bogen would be subject to the Sunshine Law if it ma…
Can a Florida municipality allow homeowners to use accessory structures (like guesthouses or sleeping sheds) for sleeping but ban them from being rented out separately as vacation rentals?
Yes. The Florida AG concluded in 2018 that a sleeping-only accessory structure (no kitchen, no independent living facilities) is not a 'dwelling unit' and so is not a 'vacation rental' under section 5…
Is a Florida county tax collector a 'revenue officer' under § 790.25(3)(d), allowing open carry of a firearm without a concealed-carry license?
No. The Florida AG concluded in 2018 that a county tax collector is not a 'revenue officer' for purposes of the firearm open-carry exception in section 790.25(3)(d). That exception is limited to peace…
After the 2012 amendment adding 'sworn or civilian' to Florida's public-records exemption for law enforcement personal information, does the older AGO 07-21 limitation on civilian support personnel still control?
No. The Florida AG concluded in 2018 that AGO 07-21's reading (that civilian support personnel were not covered by the exemption) is no longer controlling, because Chapter 2012-149 added 'sworn or civ…
Is the University of Florida a Florida state agency for purposes of qualifying its drone as a 'public aircraft' under federal law?
Yes. The Florida AG confirmed in 2018 that the University of Florida is part of the State University System established by Article IX, section 7 of the Florida Constitution and is an agency of the sta…
Is a Florida county property appraiser a 'public entity' that can operate a drone as a 'public aircraft' under federal law?
Yes. The Florida AG confirmed in 2018 that the Santa Rosa County Property Appraiser, as a constitutional county officer, is a public entity, and a drone the office uses for non-commercial purposes (su…
Can a Florida city delegate forfeiture trust fund spending to its Police Chief through a 'grant program,' or must the city council approve each appropriation?
The city council must approve each appropriation. The Florida AG concluded in 2018 that section 932.7055 does not authorize a municipality to delegate forfeiture trust fund disbursement authority to t…
Is the Florida Keys Mosquito Control District a 'political subdivision' of the state for purposes of FAA drone-authorization?
Yes. The Florida AG confirmed in 2018 that the Florida Keys Mosquito Control District, created by special act and re-created in 2002, is a political subdivision of the State of Florida, and that its d…
Can a Florida city extend its existing audit-services contract for additional years if the original contract did not provide for those renewal periods?
No. The Florida AG concluded in 2018 that section 218.391(8) only allows renewals that the original contract specified. The City of Dania Beach could not skip the competitive auditor-selection process…
When a Florida city imposes its public service tax on metered natural gas, which charges on the customer's bill count toward the tax base, and which do not?
Charges for natural gas (and its transportation, delivery, transmission, and distribution) count. The state gross receipts tax and the pro rata franchise fee passed through to the customer also count.…
When a Florida county runs a self-insured health plan, what does 'premium cost' mean for retirees who continue coverage under section 112.0801?
It means the actuarially determined total cost of coverage (employer contribution plus employee/retiree contribution combined), not just the employee's share. The Florida AG concluded in 2018 that for…
Can a Florida city that adopted its local business tax before 1995 reclassify or restructure that tax today, given the statutory windows in section 205.0535?
No. The Florida AG concluded in 2018 that section 205.0535(1) does not permit St. Petersburg (which adopted its local business tax in 1994) to reclassify businesses or establish a new rate structure n…
Can a Florida town close meetings and records about security plans for school facilities under the security-system exemption to the Sunshine Law?
Records that directly reveal a security system plan (as defined in § 119.071(3)(a)) are confidential and exempt from public-records disclosure. Meetings are exempt only for the portions in which those…
Can a Florida city use electronic signatures and dispose of paper originals when an electronic version is in storage?
Yes. Under §§ 668.004 and 668.50, a Florida municipality is authorized to use electronic signatures for its business transactions, and under § 668.50(12) and Florida Administrative Code rule 1B-24.003…
Can a Florida housing finance authority grant surplus funds to a 501(c)(3) like Habitat for Humanity to renovate a thrift store that funds affordable housing?
Yes. Section 159.608(10)(a) authorized the Polk County Housing Finance Authority to grant surplus funds to Habitat for Humanity to renovate a Habitat ReStore, because the renovation would let Habitat …
Does a Florida value adjustment board hear appeals over whether improvements were substantially completed by January 1, and which kind of magistrate decides them?
Yes. Section 194.011(3)(d) gave the VAB jurisdiction over substantial-completion disputes because they are valuation issues. If the improvement raises just value by at least 25% it is a 'qualifying im…
Can a Florida city, in a local ethics investigation, decide whether an elected official violated the state ethics code section 112.313?
No. The Florida Constitution and the state Code of Ethics give the Florida Commission on Ethics exclusive authority to determine whether an elected official violated § 112.313. A city, in a local ethi…
Did Florida's rape-conceived-child parental-rights termination law qualify the state for federal Rape Survivor Child Custody Act funding in 2018?
Yes. Section 39.806(1)(m), enacted in 2013, allows a Florida court to terminate parental rights when a child was conceived through sexual battery as defined in § 794.011. The AG certified, in support …
Can a Florida fire and EMS district raise its ad valorem millage above the special-act-authorized 1 mill cap by board resolution after a one-time referendum?
No. Under Chapter 2005-329, Laws of Florida, and § 191.009(1), the Key Largo Fire Rescue and EMS District has to obtain referendum approval every year it seeks an ad valorem tax above 1 mill. Annual r…
Are 6th-grade students at Florida middle schools entitled to school-transportation when there are hazardous walking conditions?
Generally no. Florida's hazardous-walking-conditions transportation mandate applies to public-school students 'whose grade level does not exceed grade 6' only when 6th grade is part of an elementary s…
Can a Florida fire district levy non-ad valorem assessments against tax-exempt (but not immune) real property within its boundaries?
Yes, generally. Although the North River Fire District's special act limits assessments to 'taxable real estate,' chapter 191, Florida Statutes, supplements that authority and lets the district levy n…
Does Florida law prohibit a person with an open arrest warrant from purchasing a firearm?
No express prohibition. Florida has no statute or case law that bans firearms transfer to a person solely because an arrest warrant is outstanding. Section 790.065(2)(c)1. does require a 'conditional …
Can an Escambia County commissioner have his legal fees paid from county funds when defending a defamation lawsuit over Facebook posts of pre-election emails?
On the facts presented, no Thornber factor was facially met. The challenged statements were made before the commissioner took office, did not serve a public purpose, did not implicate the county's bus…
Can a Florida county withdraw from its statutorily designated regional planning council if the interlocal agreement says it can?
No. Section 186.504(5) requires that 'each county shall be a member of the regional planning council created within the comprehensive planning district encompassing the county.' Section 186.512 names …
Can a Florida sheriff use Contraband Forfeiture Act proceeds to pay the contractual share of school resource officer salaries each year?
Yes for school resource officer program duties, even when costs recur year over year, because § 932.7055(5)(a) expressly authorizes use for school resource officer programs. No for time officers spend…
Can a Florida county use tourist development tax revenue to fund a transit system operated by a private company?
Not generally. Section 125.0104(5)(a)3 authorizes tourist development tax revenues for transportation services that have 'as one of [their] main purposes the attraction of tourists.' A general public …
Can a Florida county property appraiser disclose an address that is exempt from public-records inspection to a city code inspector serving notice of a code violation?
Yes. A property appraiser may release an exempt-but-not-confidential address to a code inspector seeking to comply with the statutory notice duty in § 162.06. The receiving agency must maintain the ad…
Is a Florida mosquito control district a political subdivision, and is its drone a public aircraft eligible for FAA Certificate of Authorization?
Yes. The Lee County Mosquito Control District, an independent special district created by special act, is a political subdivision under § 1.01(8). Section 388.231(1) prohibits use of mosquito-control …
Is the Florida property appraiser a public entity for FAA Certificate of Authorization purposes?
Yes. The Santa Rosa County Property Appraiser is a constitutional county officer (Art. VIII, § 1(d)). Acting in his official capacity, the property appraiser is part of Santa Rosa County, a political …
Can a Florida special district use district funds to pay for board members' group health insurance, in addition to their statutorily authorized compensation?
Yes. Section 112.08(2)(a) authorizes the Loxahatchee River District (a 'local governmental unit') to use district funds for board members' group health insurance, in addition to the $100/month compens…
Does Florida's emergency-declaration tolling for permits (§ 252.363(1)(a)) apply to a development agreement between a city and a developer?
It depends. Section 252.363(1)(a) tolls only four kinds of instruments: local-government development orders, building permits, DEP/water-management permits, and DRI buildout dates. Whether the City of…
Can a Florida town's driveway-permit ordinance be applied to a property used for bona fide farming, or do agricultural preemptions block enforcement?
It depends on scope. The Town of Grant-Valkaria's ordinance applies on its face only to driveways for single-family and duplex residential structures, so it doesn't conflict with the agricultural pree…
Can a Florida city use city employees and equipment during business hours to help a private citizen run a fundraiser for restoring a city-owned building?
The opinion did not give a yes/no. The AG noted that municipal funds may only be used for a municipal purpose, and whether the city commission could make the necessary public-purpose findings under Ar…
Can a Florida soil and water conservation district sponsor a nonprofit corporation that buys and runs a private water and wastewater utility on its behalf?
The opinion concluded a Florida soil and water conservation district lacked statutory authority to sponsor a nonprofit corporation owning and operating a water/wastewater utility, because Chapter 582 …
Can a Florida county lease or convey county-owned land to a developer for a project that includes market-rate housing as an economic-development activity?
The opinion concluded that § 125.045(3) lists non-exclusive examples of authorized economic development activities. Whether a project including market-rate housing furthers the statute's goals was a f…
Can a Florida mosquito control district's drone qualify as an FAA public aircraft, and can the district use it for any commercial purpose?
The AG confirmed the Beach Mosquito Control District as a Florida political subdivision for the FAA's public-aircraft rule and added that § 388.231(1) prohibits the district from using mosquito-contro…
Is a Florida mosquito control district a 'political subdivision' for purposes of the FAA's public-aircraft rule when it applies for a UAS certificate of authorization?
The AG concluded that the Beach Mosquito Control District, a special taxing district created under Florida law, was a 'political subdivision' of Florida for purposes of 49 U.S.C. § 40102(a)(41), suppo…
Can a Florida city amend its charter by referendum to require voter approval before development orders or comprehensive plan amendments take effect?
No. The opinion concluded that § 163.3167(8) bars initiative or referendum on any development order or local comprehensive plan amendment, and that prohibition cannot be overridden by a charter amendm…
Can a Florida town consider price along with qualifications when selecting which firms it will negotiate a construction-manager-at-risk contract with?
No. The opinion concluded that sections 287.055, 255.20, and 255.103 do not allow a hybrid process where the town evaluates qualifications and price together to rank firms before negotiating; price co…
Does Florida's Sunshine Law require a special magistrate to let the public speak at code enforcement hearings, and must the magistrate announce the order in a public hearing?
The opinion concluded the public-comment requirement in § 286.0114 did not apply because the magistrate was acting in a quasi-judicial capacity, but § 162.07(4) still contemplated that the magistrate …
Does Florida have a parental-rights termination law that lets the state qualify for the federal Rape Survivor Child Custody Act funding boost to its sexual violence prevention grants?
The opinion was a certification letter to DOJ confirming that § 39.806(1)(m), Florida Statutes, enacted in 2013 to allow termination of a rapist's parental rights to a child conceived through rape, re…
When a Florida city commission also serves as the CRA board, can the mayor veto CRA actions or pick the CRA's executive director under city-charter veto and appointment powers?
The opinion concluded the mayor's veto over city legislation did not reach CRA actions because the CRA is a separate legal entity, and the CRA executive director is selected under CRA bylaws and § 163…
Can a Florida city council pass a non-regulatory resolution supporting or opposing pending state or federal firearm legislation without violating Florida's firearm preemption statute?
The opinion concluded a city council resolution that simply expressed support for or opposition to pending state or federal firearm legislation, with no regulatory effect, would not violate § 790.33 o…
Could the Florida Legislature give Palm Beach County alone the authority to make texting while driving in a school zone a primary traffic offense?
The opinion concluded that special legislation authorizing only Palm Beach County to make texting in a school zone a primary offense would conflict with Chapter 316's uniform statewide traffic regime …
Can Jackson County use tourist development tax money to pay sheriff and police for law enforcement at a county-built nature center?
The opinion concluded Jackson County could not use tourist development tax revenues to fund regular law enforcement at a nature center, because (5)(b) authorizes facility operations only and (5)(c)'s …
Can a Florida fire district raise the firefighter pension contribution rate for employees who have already entered the DROP program?
The AG declined to comment. Retirement benefits are a proper subject for collective bargaining, the affected members had agreed to the increase through the IAFF agreement, and the Fire District had al…
Can one attorney serve as a code enforcement special magistrate for multiple Florida jurisdictions through an interlocal agreement or sequential contracts without violating the dual office-holding rule?
The opinion concluded sequential contracts as a code enforcement special magistrate for multiple jurisdictions appeared inconsistent with the sovereign-power test for office-holding, and § 162.07 does…
Can a Florida school district open competitive bids electronically through an online procurement system without holding a physical public bid opening?
The opinion declined to interpret State Board of Education rules. The AG noted § 1010.04 allows online procurement systems but the State Board's rule 4.2(2)(e) requires public bid opening, and the Flo…
Can a Florida city amend its charter by ordinance to require council candidates to designate a specific seat before the election, or does that require a referendum?
The opinion confirmed AGO 2010-54: requiring council candidates to designate which seat they seek before the election is a change in the 'manner of election' under § 166.021(4) and can only be made by…
Can one person serve simultaneously on a Florida city planning and zoning board and a county historic preservation board?
The opinion concluded that simultaneously serving on the Lighthouse Point Planning and Zoning Board and the Broward County Historic Preservation Board violated Article II, § 5(a) because both boards e…
Can a Florida city pay severance pay above 20 weeks to long-tenured employees, and can it run an early retirement program that exceeds the 20-week severance cap?
The opinion concluded § 215.425(4)(a) caps severance pay at 20 weeks for post-2011 contracts and bars it for misconduct. Pre-July-2011 employees under existing local ordinances are grandfathered. Actu…
Can a Florida city use a zoning ordinance to require minimum distances between vacation rentals or to cap the number of vacation rentals per neighborhood?
The opinion concluded that distance separation requirements or numeric/percentage caps on vacation rentals would have the effect of prohibiting eligible units from being rented as vacation rentals, wh…
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Attorney general opinions in Florida are written by the Florida Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.