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.
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Can a Florida city hold a closed Sunshine Law attorney-client session about a lawsuit where the named defendant is a city employee, not the city itself?
The city may hold a closed attorney-client session under section 286.011(8) when it is a real party in interest in the pending lawsuit, even if it is not a named party. The AG described the city's…
Can a Florida city council meet in closed session to discuss intergovernmental conflict-resolution settlement terms?
No. The AG concluded that the Sunshine Law's narrow 'shade meeting' exemption in section 286.011(8) covers only settlement negotiations or litigation-expenditure strategy in pending litigation. It…
Can a Florida water control district buy a golf course with a restaurant and bar?
No. The AG concluded that the Spring Lake Improvement District, a water control district that had never adopted its required water control plan, was not authorized to buy a multi-use golf course…
When will a Florida city pay a public official's attorney fees for defending an official-duty lawsuit?
The AG's office declined to review the city's proposed motion (a local matter), but laid out Florida's common-law rule: a public official is entitled to a legal defense at public expense only when…
What private-sector business can Florida's PRIDE prison-industries program engage in?
The AG's office explained that PRIDE, the nonprofit that runs Florida's correctional work programs under Chapter 946, may operate or contract with the private sector for Prison Industry Enhancement…
Can Florida voters require referendum approval for big city capital projects by charter amendment?
Yes. The AG concluded that a city charter may be amended by citizen petition initiative under section 166.031 to require voter approval of any capital improvement project exceeding $500,000. That…
Can a Florida school district delay releasing payroll records so employees can claim exemptions?
Mostly no. The AG's office explained that the Public Records Law sets no fixed deadline but allows only a limited reasonable time to retrieve records and redact exempt portions. Payroll deduction…
Are a Florida school employee's tax withholding records public under the public records law?
No, they are confidential. The AG concluded that a school board employee's tax information on the payroll database (Federal Withholding, FICA, and Medicare deductions) qualifies as 'payroll…
Can a settled employment discrimination complaint be kept confidential under Florida public records law?
No. The AG concluded that the confidentiality exemption in section 119.071(2)(g)2. applies only when the alleged victim chooses not to file or pursue a discrimination complaint. Once someone has…
What are a Florida city's and mayor's emergency powers under state law?
The AG's office declined to interpret Ocoee's city charter (a local matter outside its authority), but gave informal background on the state framework: cities have broad home-rule powers that cannot…
What can Florida's Attorney General do about an outside audit of a county supervisor of elections?
The AG's office declined to act, explaining it has no specific authority over a county supervisor of elections. Informally, it pointed the county to the financial-reporting and audit-submission…
Can a Florida county charge an extra plan-review or inspection fee just because a new home has a fire sprinkler system?
The AG concluded no. Section 633.025(9) bars a local government or utility from charging any plan-review or inspection fee above what a non-sprinklered home pays, on the basis that a one- or…
Can a Florida city pass an ordinance requiring condominium associations to provide their own security guards to fight crime?
The AG concluded the city appeared to have the authority. Florida's home-rule grant and broad municipal police powers let a city require condominium associations to furnish security guards, because…
Can a Florida city commission declare itself the governing board of its community redevelopment agency?
The AG declined to issue a formal opinion because the request did not come from a majority of the city commission. Informally, the office noted that under section 163.357(1)(a) a city or county…
Could a Florida minor get a marriage license, and would the Attorney General advise a private person about it?
The AG's office declined to advise a private individual but quoted the 2009 statutes. Florida generally required parties to be 18. Section 741.0405 allowed a license for a 16- or 17-year-old with…
Does Florida give a public employee on active military leave 30 calendar days or 30 working days of full pay?
The AG declined to call the city's reading wrong. Section 115.09 grants the first 30 days of active-military-service leave 'with full pay' without saying calendar or working days, but longstanding…
Can a Florida code enforcement board make a code violator pay the city's attorney's fees as part of 'costs'?
The AG concluded no. Section 162.07(2) lets a city that wins a code-enforcement case recover all 'costs' of prosecuting it, but under Florida's American Rule, 'costs' do not include attorney's fees…
Can a Florida hospital district use ad valorem tax money for Medicaid intergovernmental transfers?
The AG concluded yes to both transfers. The South Lake County Hospital District could move district funds to the state Agency for Health Care Administration to join the Medicaid Low Income Pool, and…
How can Florida's E911 fee money, and the interest it earns, be spent?
The AG declined to issue a formal opinion: questions about the Legislature's appropriations power can be addressed only at the Legislature's request, and the office cannot opine on the federal 911…
If you take a Florida toll-violation ticket to court instead of paying, does the mandatory $100 fine still apply?
The AG concluded the mandatory $100 fine does not apply once a driver elects a hearing. Choosing to appear waives the Chapter 318 civil-penalty scheme, so instead of the fixed $100 fine in section…
When can a Florida planning commission member recuse from voting, and when must they vote?
The AG explained that under section 286.012 a planning commission member who is present must vote and cannot abstain, with one exception: a voting conflict. Section 112.3143(3)(a) requires…
Can a Florida city charter bar the mayor from holding any other public office or job?
A town attorney asked whether a Kenneth City charter clause barring the mayor from holding any other public office or public employment was constitutional and valid. The AG explained that his office…
What are the open-meeting rules for a Florida state college board of trustees?
An informal AG letter warned the trustees of Northwest Florida State College that holding a board meeting in Tallahassee, far from campus, was very questionable under the Sunshine Law. The letter…
Can a Florida sheriff keep firearms taken from someone who was Baker Acted but never arrested?
The AG concluded that unless the person was arrested and criminally charged, the Baker Act gives a sheriff no authority to keep firearms taken from someone sent for involuntary mental-health…
Does a Florida special district have to pay mileage to an independent contractor?
The Duval Soil and Water Conservation District asked whether an administrative assistant it planned to hire as an independent contractor was entitled to mileage. The AG explained that section…
Can a Florida city council member post how they plan to vote on a blog or in the newspaper?
The Hallandale Beach City Attorney asked whether a council member could publish his planned vote on a blog or in the newspaper, and whether the city could ban that. The AG explained that simply…
Can a Florida clerk or sheriff use a remote credit-card vendor to let people post a cash bond?
The Pinellas County Clerk asked whether the clerk and sheriff could contract with a vendor for a remote system letting people tap a credit or debit account to post a cash bond. The AG declined to…
When a Florida public employee dies, can unused sick and annual leave be paid to their family as wages?
The AG concluded that accrued sick and annual leave qualify as 'wages' under section 222.15(1), so when a public employee dies the value of that unused leave may be paid to the spouse, adult…
Can a Florida state agency keep a company's trade secrets confidential under the public records law?
The Division of Plant Industry asked whether it could protect confidential business information so it could join a USDA biotechnology pilot. The AG concluded that the division's authorized…
If a Florida council member hosts a public forum other members attend, must it be noticed under the Sunshine Law?
The Hallandale Beach City Attorney asked whether a public forum hosted by one city council member, which other members might attend and join in discussing city business, had to be publicly noticed.…
Can a Florida law enforcement officer be commander of an American Legion post that holds a liquor license?
A state representative asked whether section 561.25 stopped a certified law enforcement officer from serving as commander of an American Legion post that holds a liquor license and runs a canteen.…
How are petition signatures counted for a Florida county wet/dry local option election?
A Madison County resident asked how to count the signatures needed for a county-wide vote on selling liquor, wine, or beer, given that registered-voter totals had jumped around a general election.…
Can a Florida county pledge a small-county sales surtax to secure a loan without a referendum?
The Hamilton County clerk asked whether a small-county sales surtax that the commission adopted by a unanimous vote, without a referendum, could be pledged to secure a loan for a water and…
What Florida statutes let law enforcement provide escort vehicles for visiting dignitaries?
A Manatee County sheriff's captain knew section 316.1974 covers funeral-procession escorts and asked what other statutes address using escort vehicles for visiting dignitaries. The AG's office gave…
Can a Florida school district delay a public records request to let employees claim an exemption?
A school superintendent asked whether HIPAA let the district withhold the identities of employees in its self-insured health plan, and whether it could pause a public records request to let…
Can a retiring Florida sheriff be paid for accrued vacation and sick leave?
The Sarasota County Sheriff's Office asked whether sections 30.48 and 145.071 blocked paying the sheriff for accumulated vacation, compensatory, and sick leave at retirement. The AG's office…
Does abolishing appointed city officers change a Florida city's 'form of government' so a referendum is required?
The Fort Walton Beach City Attorney followed up on an earlier informal opinion, asking whether planned charter changes (abolishing two appointed officers and their departments) altered the city's…
Can a Florida city raise mayor and council salaries by ordinance when a pre-1973 charter set them?
The North Miami city clerk said the city had raised the mayor's and council's salaries by ordinance even though the city charter, adopted in 1969 and not amended until 2008, set those salaries, and…
Is a private nonprofit community land trust that runs a city's affordable-housing program covered by Florida's open-meetings and public-records laws?
The AG agreed with the Delray Beach city attorney that the Delray Beach Community Land Trust, although a private 501(c)(3) nonprofit, is an 'agency' subject to both the Government in the Sunshine…
Can a Florida city advisory board hold online bulletin-board workshop meetings under the Sunshine Law?
Delray Beach asked whether a city advisory task force could hold its workshop meetings on an online bulletin board without violating the Sunshine Law. The AG concluded it can, with conditions. The…
Does a sinkhole report have to be notarized before a Florida county clerk can record it in the official records?
The AG concluded that a sinkhole report filed under section 627.7073 must be recorded by the clerk of court even if it has not been acknowledged or notarized under the general recording statute,…
Can a Florida city abolish appointive charter offices by ordinance without a public referendum?
In an informal opinion, the AG's office advised that because Fort Walton Beach's charter predates the 1973 Municipal Home Rule Powers Act and was never readopted, section 166.021(4) lets the city…
Does Florida's Sunshine Law require county orientation sessions for value adjustment board special magistrates to be open to the public?
The AG concluded that section 286.011, the Sunshine Law, did not apply to orientation sessions that counties hold for the special magistrates who hear value adjustment board petitions, because those…
Can a Florida general magistrate also serve as a civil traffic infraction hearing officer without breaking the dual office-holding ban?
The AG's office offered informal comments without deciding whether the arrangement violates the dual office-holding ban. It noted that the two positions appear to perform similar judicial or…
What is the fine for a motorcycle or moped wheelie or a flipped-up license tag in Florida?
The AG concluded that Chapter 2008-117, Laws of Florida, authorizes a $1,000 fine for failing to keep both wheels of a motorcycle or moped on the ground and for failing to keep the license tag…
Can the same person sit on a Florida county's growth-management commission and hold another state, county, or city office at the same time?
The AG concluded that seats on the Volusia Growth Management Commission are county offices, because the commission is a dependent special district created by county charter and funded by the county.…
Can a Florida court clerk charge the $295 civil filing fee on a counterpetition?
The AG concluded that section 28.241(1)(c) did not authorize the clerk to collect the $295 filing fee on counterpetitions. That subsection imposes the fee on a party who files a pleading for…
Is a private nonprofit volunteer fire department that contracts with a county a 'state actor' that must respect free-speech rights?
The AG's office gave informal comments only, explaining that whether a private nonprofit providing county fire protection is a 'state actor,' and whether its political rally is 'state action,' are…
Are the names and addresses of government employees covered by a public group health plan public records in Florida?
In informal comments, the AG's office concluded that Florida's exemptions clearly protect the medical condition information of employees and dependents in a public group insurance plan (sections…
Does the rule that no one may interfere with a Florida building official stop other government staff from reviewing permits?
In informal comments, the AG's office explained that section 468.604(1)'s command that a building code administrator or official perform their duties 'without interference from any person' is not…
Does Florida's public-records exemption for police officers' personal information stop a private company like Intelius from publishing it?
In informal comments, the AG's office corrected a police chief's assertion that disclosing an officer's identity is illegal. Section 119.071(4)(d) exempts the home addresses, phone numbers, Social…
Whose opinion controls the term of an elected Florida school superintendent, the Attorney General or the Division of Elections?
The Attorney General's office declined to opine on the term of Lake County's elected superintendent. The question fell within the statutory jurisdiction of the Division of Elections, which had…
Can a Florida school board keep insuring former employees who don't meet the statute's definition of a retiree?
The AG concluded that section 112.0801 did not stop the Osceola County School Board from continuing to offer health insurance to former employees who left before 2007 and began participating then,…
Can a Florida city reserve a public softball field for women's teams only?
The AG concluded that the Florida Civil Rights Act (Chapter 760) would bar the Village of Palmetto Bay from making a municipal softball field exclusively available to female athletes, because that…
Does a Florida city have to pay a city commissioner's attorney fees after he is found guilty of an ethics violation?
Not based on this opinion. Florida's common-law rule lets public officials get publicly funded legal defense against official-duty misconduct charges, but only when that defense succeeds. Because…
Do Florida schools have to run background screening on utility company employees who need access to school grounds for repairs?
Yes, based on this opinion. A utility company employee who has access to school grounds and performs services under a paid contract with the school district was treated as a noninstructional…
Can a Florida homeowners association developer assign its development rights to another developer, and what happens to developer rights when control transfers to homeowners?
The opinion found that Chapter 720 does not address whether a developer can assign its development rights to another developer. It did note that when control of a homeowners' association transfers…
What counts as 'owning a business' for someone appointed as a citizen member of a Florida Value Adjustment Board?
The opinion concluded that owning a business under section 194.015 meant owning a genuine commercial enterprise, occupation, profession, or trade with a physical presence in commercial space within…
Can a county attorney who represents another taxing authority also represent that county's Value Adjustment Board?
No, based on this opinion. Once section 194.015, Florida Statutes, was amended in 2008 to require Value Adjustment Boards to hire private counsel, that counsel could not also represent the property…
Could a Florida police department outsource an officer's internal investigation and interrogation to a private investigator?
The informal opinion found nothing in Part VI of Chapter 112 that contemplated delegating the internal investigation and interrogation of a law enforcement officer to a private investigator. It…
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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.