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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Does Florida law require day care centers to use booster seats when transporting 4- and 5-year-olds?
Yes, the opinion concluded. Section 316.613, Florida Statutes, applied to public and private child care centers transporting children aged 5 or younger. None of the statute's exemptions (gratuitous…
Does Florida law require child safety seats in a golf cart, and can a city limit who can drive a golf cart on public streets?
No on car seats. A golf cart on the public streets did not have to carry child restraints, and a city could not flatly ban unlicensed drivers from operating a golf cart because state law allowed…
Can a Florida county ban manufacturing firearms at home through a zoning ordinance that also bans other home-based businesses?
The AG said Polk County could apply its home-occupation rule to firearms manufacture to the extent it prohibits all manufacturing at home and does not target firearms manufacture as a means of…
Can a Florida city issue a new permit to sell fireworks under the agricultural-use exception if it never issued one before 2007?
No. The opinion read the 2007 moratorium in section 10(5), Chapter 2007-67, Laws of Florida, to bar the City of Altamonte Springs from issuing any new permit for permanent or temporary retail…
Can a Florida town that was chartered by special act amend its charter by referendum, and will the Department of Revenue treat a re-enacted charter provision as valid?
The opinion presumed the prior repeal by referendum was valid, said section 166.031, Florida Statutes, controlled how the town could re-enact the deleted provision, and left the Department of…
Is the list of Twitter accounts an elected official has blocked from their personal feed a public record under Florida's Sunshine Law?
The AG's office could not resolve the factual question. If the tweets were public records, a list of accounts blocked in connection with those tweets could well be found by a court to be a public…
Did Florida's AG ask the state Supreme Court to review the proposed 'Voter Control of Gambling' constitutional amendment?
Yes. The AG's filing was the statutory petition required by Article IV, section 10 of the Florida Constitution and section 16.061, Florida Statutes. It asked the Florida Supreme Court for an…
Does Florida law let a court terminate a rapist's parental rights to a child conceived through sexual battery?
Yes. Section 39.806(1)(m), Florida Statutes, adopted in 2013, lets a court terminate parental rights when clear and convincing evidence shows the child was conceived through unlawful sexual battery…
Can Florida take over federal NEPA review for state highway projects from the U.S. DOT?
Yes. The AG certified to the U.S. Federal Highway Administration that Florida law (section 334.044(34), Florida Statutes, created by Ch. 16-181, Laws of Florida) authorizes the Florida Department of…
Can a Florida city pass a drone ordinance banning private surveillance that invades residents' privacy?
Yes. The AG opinion concluded that section 934.50, Florida Statutes (the Freedom from Unwarranted Surveillance Act), does not expressly preempt municipal regulation of drones, so a city like…
What should a Florida school board do when a vendor claims requested records are trade secrets?
The AG's office did not decide whether the vendor's records were trade secrets. It advised that if the material did not appear to meet the statutory test or was not protected as required by Sepro,…
Can a Florida county pay its industrial development authority a percentage of the ad valorem tax revenue from new businesses the authority attracted?
No. The AG concluded that Taylor County could not pledge a percentage of ad valorem tax revenue from new businesses to its Development Authority as a performance reward. Sections 125.016 and 159.48…
Can a Florida city use local infrastructure surtax money to buy emergency generators and electrical upgrades for its municipal complex?
Yes. Emergency generators, uninterruptible power supply units, and the related electrical and site upgrades for a city's municipal complex qualify as 'infrastructure' under section 212.055(2), and…
Does Florida's Sunshine Law apply to the board of a private trust fund administering municipal employees' insurance benefits?
Yes. A private trust fund created by a city and a public-employee union to administer insurance benefits with public dollars is performing a governmental function, so its board is subject to…
When may a Florida public body hold a closed 'shade meeting' with its attorney under the Sunshine Law's litigation exception?
Section 286.011(8) requires the public body to be a current party before a court or administrative agency and to meet the statute's procedural conditions. The hospital district's investigation and…
Will Florida's Attorney General opine on whether a city ordinance restricting where public schools can be sited is a comprehensive plan amendment?
No. The Attorney General only issues legal opinions to government officials about their official duties, not to private parties. The AG also declined to comment on a city's ordinance absent a…
How can a Florida city legally raise its local business tax?
A city may change its local business tax only through the routes Chapter 205 sets out: adopting a new ordinance under section 205.0315, completing a reclassification under section 205.0535, or…
Is the Florida Department of Environmental Protection a state agency for purposes of an FAA drone Certificate of Authorization?
Yes. Under Chapter 20, Florida Statutes, the Department of Environmental Protection is a principal administrative unit of the executive branch and an agency of the state, so the Attorney General…
After Florida's Enterprise Zone Program sunset on December 31, 2015, could property still qualify for enterprise-zone ad valorem tax exemptions?
The AG declined to give a definitive answer and recommended the parties seek a court ruling. The office observed that once the Enterprise Zone Program sunset on December 31, 2015, and the term…
Can a Florida public board meet or approve its minutes electronically without a physical quorum under the Sunshine Law?
The AG's office advised that electronic media may be used at workshops where no formal action will be taken, but a quorum must be physically present to conduct official business. Approving the…
What was the 'Solar Energy Choice' ballot initiative and why did Florida's Attorney General send it to the state Supreme Court?
This is the Attorney General's petition asking the Florida Supreme Court to review a proposed citizen initiative, not an opinion with a holding. Under the Florida Constitution and section 16.061,…
What did Florida's Attorney General ask the Supreme Court to review about the 2016 medical marijuana amendment?
This is the Attorney General's 2015 petition asking the Florida Supreme Court to decide whether the proposed 'Use of Marijuana for Debilitating Medical Conditions' amendment met the single-subject…
Can a Florida county use tourist development tax money to build a boat ramp and observation platform as part of a nature center?
In a Florida county with fewer than 750,000 people, section 125.0104(5)(b) lets the county spend tourist development tax revenue on a nature center that may include a boat ramp and an elevated…
Can a Florida mayor who is also personally sued still attend closed 'shade meetings' about the city's lawsuit?
Section 286.011(8) does not bar a mayor who is a voting member of the city council from attending closed 'shade meetings' with the council's attorney about settlement and litigation strategy, even…
When does a Florida supervisor of elections count signatures on a petition to create a county charter commission?
When a citizens' petition asks a Florida county to appoint a charter commission, the supervisor of elections should measure the required '15 percent of the qualified electors' as of the date the…
Is a settlement demand letter sent to a Florida city a public record?
Responding informally to the Town of Miami Lakes, the Attorney General's office did not issue a formal ruling but pointed the town to the 2015 Government-in-the-Sunshine Manual, which collects court…
Can a Florida public pension board travel out of state to interview consultants without violating the Sunshine Law?
A local public pension board cannot travel to other states to interview investment consultants and satisfy the Government in the Sunshine Law just by providing a live audio-video feed back home. The…
Is a Florida state college district a public entity or political subdivision of the state?
At the FAA's request, the Attorney General certified that the District Board of Trustees for Indian River State College is a political subdivision and public entity of Florida. Under section…
Can a Florida water authority created by interlocal agreement use Chapter 153 liens for unpaid bills?
The lien power in section 153.67 belongs only to water and sewer districts created under Part II of Chapter 153. The Big Bend Water Authority was created by interlocal agreement under Chapter 163,…
Are job applications sent to a Florida public agency public records, even unopened ones?
Job applications received by a Florida public agency are public records under Chapter 119, open to inspection and copying once received, even if the agency never opened them. An agency cannot 'seal'…
Can a Florida county ban on-premises alcohol sales or require brown-bagging and drink limits?
A Florida county can authorize or prohibit alcohol sales only through the local-option election in Article VIII, section 5(a) of the state constitution. It can regulate where alcohol establishments…
Does Florida law require a county to fund the sheriff's budget at least as much as the previous year?
No. The Attorney General's office advised that section 30.49(4), Florida Statutes, does not set a minimum funding level that carries a sheriff's budget forward at the prior year's amount. The…
Is a Florida municipality a public entity or political subdivision of the state?
Yes. At the FAA's request, the Attorney General certified that the Village of Royal Palm Beach is a political subdivision and public entity of Florida. Section 1.01(8), Florida Statutes, defines…
Can a Florida county pass an ethics ordinance barring former commissioners from working for county-funded organizations?
The Attorney General's office declined to rule on the specific Brevard County ordinance because it does not comment on local legislation, but it raised serious doubts. A charter county has home rule…
How does Florida review whether a citizen ballot initiative like the Solar Choice amendment can go on the ballot?
This is the Attorney General's required petition asking the Florida Supreme Court to review a citizen initiative, the 'Limits or Prevents Barriers to Local Solar Electricity Supply' (Solar Choice)…
Does Florida's seaport concealed-weapons ban cover firearms, or only knives and other weapons?
Yes. The Attorney General concluded that the phrase 'concealed weapon' in section 311.12(3)(b), Florida Statutes, the seaport security statute, includes firearms. The statute does not define the…
Can a Florida county grant an economic-development tax exemption for property improvements made before the ordinance was adopted?
No. The Attorney General advised that to qualify for the economic development ad valorem tax exemption in section 196.1995(5), Florida Statutes, improvements to real property must be made (or…
Are a public agency's security camera surveillance tapes exempt from Florida's public records law?
Yes. The AG concluded that surveillance tapes from the Pinellas Suncoast Transit Authority's facility cameras were public records but confidential and exempt from disclosure because they revealed a…
Can Confederate or pre-statehood veterans be inducted into the Florida Veterans' Hall of Fame?
The Attorney General's office advised that, as the law and criteria then stood, Florida's pre-statehood veterans and veterans who served the Confederate States of America would not qualify for the…
Can the Florida Attorney General give a legal opinion to a private citizen?
No. The Attorney General's office explained that, by statute, it issues legal opinions only to certain public officials on questions about their own official duties, and it cannot give legal advice…
Can a Florida city change the size or membership of its community redevelopment agency board?
No. The Attorney General advised that once the City of Lauderdale Lakes appointed its city commission to serve as the board of its community redevelopment agency, it had no authority to change the…
Can a Florida city require a bond and refuse a contractor's alternative security like cash or a letter of credit?
No. The Attorney General advised that section 255.05(7), Florida Statutes, gives a contractor on a public construction project the right to file an alternative form of security (cash, a money order,…
When does a closed litigation 'shade meeting' transcript become a public record under Florida's Sunshine Law?
The Attorney General advised that a dismissal with prejudice under a settlement agreement concludes the litigation for purposes of section 286.011(8), Florida Statutes, even when the court keeps…
Are the names of undercover police officers on a department roster a public record in Florida?
The Attorney General advised that the names of undercover officers, even when they appear on a general personnel roster that does not flag their undercover status, can be 'information revealing…
Does Florida law require redacting or distorting a 911 caller's voice before releasing the recording?
The Attorney General advised that section 365.171(12), Florida Statutes, makes confidential the identifying information in an E911 call (the caller's name, address, telephone number, and personal…
Do unopposed candidates appear on the ballot in a Florida municipal election?
The Attorney General's office advised that section 101.151(7), Florida Statutes, which keeps unopposed candidates off the ballot at a general election, did not apply to the Village of Estero's…
Is the Florida Department of Transportation a state agency and public entity of the state?
Yes. At the FAA's request, the Attorney General certified that the Florida Department of Transportation is a department of Florida state government and a public entity of the state. Chapter 20…
When is a private organization like a chamber of commerce subject to Florida's public records and Sunshine laws?
It depends on what the private organization actually does. The Attorney General's office explained that simply contracting with a public agency or receiving public funds does not, by itself, make a…
Can a Florida statute change the assessment terms of a contract signed before the statute was enacted?
No. The Attorney General's office advised that section 189.052, Florida Statutes, enacted in 2000, did not supersede a 1996 contract between a special district and a mobile home park that set…
Can Florida tourist development tax revenue pay the day-to-day operating costs of a county cultural agency?
The Attorney General's office advised that tourist development tax revenue under section 125.0104(5) is a targeted funding source for the purposes the statute lists, and it does not appear to…
Can a Florida city provide ambulance or advanced life support services outside its city limits?
The Attorney General's office advised that, absent a grant of authority by general or special law, a Florida city cannot exercise extraterritorial powers, including providing advanced life support…
Does leaking what was said in a closed shade meeting violate Florida's Sunshine Law?
The AG said a council member's public disclosure of matters from a closed attorney-client meeting did not appear to violate section 286.011(3), which addresses violations of open-meeting…
Can a Florida property appraiser correct an assessment amount at any time?
The letter did not decide whether an appraiser may change an assessment without an error. It said section 197.122 allows correction of an act of omission or commission at any time without affecting…
Can a Florida school district hire armed private security guards?
Likely yes, at the district's discretion. The AG advised that section 790.115 generally bans firearms on school grounds but allows them in support of an approved school-sanctioned activity, a term…
Is a Florida water management district a public entity of the state?
Yes. The AG confirmed that the South Florida Water Management District, created by the Legislature under section 373.069(1)(e), is a political subdivision and public entity of Florida under section…
When can a Florida subdivision common element avoid separate property taxes?
Only when it is a true common element. The AG advised that under section 193.0235, a subdivision parcel escapes separate ad valorem taxation only if it was not sold into private ownership, is…
Could Pinecrest use Florida's biennial 5% business tax increase or section 205.043(1)(b) to raise its rates?
No. Based on the facts supplied, the AG said Pinecrest had not satisfied section 205.0535's conditions for a biennial increase of up to 5%, could not rely on a neighboring government's compliance,…
Can a Florida public hospital keep its sale-or-lease evaluation secret as a strategic plan?
No. The AG advised that the evaluation a public hospital board must perform under section 155.40(5) before selling or leasing the hospital is not a 'strategic plan' under section 395.3035. The board…
Can a Florida city use zoning to ban or limit vacation rentals?
No. The AG read section 509.032(7)(b) to let a city regulate vacation rentals but bar any ordinance that prohibits them or limits how long or how often a home is rented, so zoning could not be used…
Is a video recording of a Florida school board meeting a public record?
Likely yes. The AG advised that a video of a school board meeting, made at a board member's direction and intended to perpetuate the discussion, appears to be a public record under Chapter 119,…
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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.