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 charge its public service tax on natural gas a customer buys from a supplier outside the city limits?
No, not on these facts. The AG concluded that the public service tax in section 166.231 applies only to purchases made within the municipality, so Leesburg could not tax its charge for transporting th…
Can a Florida industrial development authority sign contracts to promote economic development without financing a project?
Yes. The AG concluded that section 159.46 gives an industrial development authority a separate statutory purpose of fostering county economic development, so it may enter contracts toward that goal ev…
Is a Florida fire district created by county ordinance subject to the Independent Special Fire Control District Act?
No. The AG concluded that the Okaloosa Island Fire District, because it was created by county ordinance rather than by special act or general law of local application, does not meet Chapter 191's defi…
Does Florida's 20-week cap on government severance pay apply to a county port authority?
Yes. The AG concluded that the Seminole County Port Authority, a dependent special district, is a 'unit of government' under section 215.425, so employment contracts it signed after July 1, 2011 are s…
Can a Florida city buy equipment for an employee to test private technology the employee owns?
The AG's office declined to decide. It explained that whether spending city money this way serves a valid municipal purpose under Article VII, section 10 of the Florida Constitution is a factual deter…
Can a Florida county use its own crews and equipment to repair private dirt roads?
Generally no. The AG's office restated the long-standing rule that public funds, including county personnel, equipment, and materials, may be spent only on the construction, maintenance, or repair of …
What was the Florida Water and Land Conservation ballot amendment, and how was it reviewed?
This is the Attorney General's petition asking the Florida Supreme Court to review a proposed constitutional amendment, the Water and Land Conservation initiative, which would dedicate at least 33 per…
Can a Florida police officer temporarily fill in as acting city manager?
No, not when the city manager position is itself an 'office.' The AG concluded that the constitutional ban on dual office-holding in Article II, section 5(a) applies even to a short, unpaid, temporary…
Can a public records requester plug in their own hard drive to copy a Florida agency's database directly?
No. The AG concluded that the Village of Palmetto Bay does not have to let a requester copy its database directly onto the requester's own hard drive, because doing so would expose exempt and confiden…
Can a Florida municipality apply to convert an existing public school into a charter school?
No, not a conversion charter school. The AG concluded that section 1002.33(3)(b) limits conversion-charter applications to the district school board, the principal, teachers, parents, and/or the schoo…
Can a Florida city move its election dates by ordinance, and does adding term limits require a referendum?
Mixed. The AG concluded that under sections 100.3605 and 166.021(4), Arcadia could amend its charter by ordinance, without a referendum, to move election dates and adjust sitting officers' terms accor…
Does a virtual charter school have to pay for its students to use the school district's testing facilities?
No, not as a separate charge. The AG concluded that a school district sponsoring a virtual charter school must provide test administration services, including paying for state- or district-required as…
Is Space Florida a public entity that could qualify for an FAA drone test-site authorization?
Yes. The Attorney General confirmed to the FAA that Space Florida is an independent special district and political subdivision of the State of Florida, created by Part II of Chapter 331 (the Space Flo…
Can a Florida county use tourist development tax money to fund a private trolley or tram service for beachgoers?
The AG's office gave only general guidance because the project details were unsettled. It cautioned that section 125.0104 limits tourist development tax revenue to enumerated purposes and that the off…
Who owns a stolen car sold to a Florida scrap metal recycler that holds a derelict title?
The AG's office declined to decide who owned the vehicle, saying that was not a question it could resolve. It instead summarized the Florida statutes governing secondary metals recyclers (Part II, Cha…
Can Florida's Conference of Circuit Judges use private donations to hire a lobbyist?
Yes. The AG concluded that neither section 11.062(1) nor section 216.345(1) restricts the Conference of Circuit Judges, a nonprofit corporation, from using privately donated funds to retain a general …
Can a Florida county spend tourist development tax money on beach erosion control and inlet dredging?
The AG's office declined to rule on Collier County's specific ordinance, since it does not interpret local codes. As a general matter, it explained that section 125.0104(5)(a)4. authorizes tourist dev…
Can Florida's Commission on Human Relations dismiss a discrimination complaint when the employer has fewer than 15 employees?
Yes. The AG's office advised that because Florida's Civil Rights Act defines 'employer' as a person with 15 or more employees, the Commission on Human Relations may dismiss a complaint when it is undi…
Can a Florida agency charge a fee to email public records instead of making paper copies?
Only narrowly. The Attorney General concluded that an agency may charge the 'actual cost of duplication' for records sent by email in place of photocopying, but that cost covers only materials and sup…
Can a Florida city commissioner also sit on a regional transportation authority board?
Yes. The Attorney General concluded that a city commissioner may serve at the same time on the governing board of the South Florida Regional Transportation Authority without violating the constitution…
Are farm buildings, fences, and signs exempt from a Florida city's zoning and land development rules?
Yes. The Attorney General concluded that section 604.50, Florida Statutes, exempts nonresidential farm buildings, farm fences, and farm signs from 'any county or municipal code or fee,' and that this …
How are charter schools funded in Florida and what money are they entitled to?
Charter school students are funded the same way as students in any other public school in the district, through the Florida Education Finance Program. The AG's office explained that a charter school r…
Does a Florida Highway Patrol trooper get the $5 witness fee for testifying in traffic court off duty?
Sometimes. The Attorney General's office advised that a trooper, like other state law enforcement officers, may receive the $5-a-day witness fee under section 92.142 only when testifying during time t…
Can a Florida police officer enter a home in fresh pursuit to make a misdemeanor arrest?
Generally no. The Attorney General's office advised that, absent valid consent or genuine exigent circumstances, an officer may not cross the threshold of a private home to make a warrantless misdemea…
Do Florida's Sunshine Law and public records litigation exemptions last through the appeals process?
Generally yes, through appeals. The Attorney General's office gave general guidance that the phrase 'conclusion of the litigation' in both the Government in the Sunshine Law (section 286.011(8)) and t…
Can mobile home owners get Florida relocation money if their park stops being state-regulated?
Yes, if the owner meets the statutory requirements and the trust fund has money. The Attorney General concluded that a mobile home owner who properly applies for relocation payment under Chapter 723 a…
Can a Florida county spend tourist development tax money on bike trails, pedestrian bridges, and beach parking?
Yes, with the right legislative findings. The Attorney General concluded that Walton County could use tourist development tax revenue to maintain and expand a tourist-used multi-use pathway and build …
Do Florida's state data center boards have to file minority-representation reports for their appointments?
Yes, for the trustee they appoint. The Attorney General concluded that the boards of trustees of the Northwood and Southwood Shared Resource Centers are the 'appointing authority' for the at-large mem…
Is a Florida airport authority an 'economic development agency' that can keep business records confidential?
No. The Attorney General concluded that the St. Augustine - St. Johns County Airport Authority is not an 'economic development agency' as defined in section 288.075, Florida Statutes, so it cannot use…
Can one person serve on both a city housing authority and a county housing finance authority in Florida?
No. The Attorney General concluded that serving at the same time on the West Palm Beach Housing Authority and the Housing Finance Authority of Palm Beach County would violate Florida's constitutional …
Is Space Florida a political subdivision of the state for federal drone (UAS) test-site purposes?
Yes. The Attorney General's office affirmed that Space Florida is an independent special district and a political subdivision of the State of Florida, created by the Space Florida Act (Part II, Chapte…
Can a Florida water management district adopt a local-preference policy favoring businesses inside the district?
No, not on its own. The Attorney General concluded that the Suwannee River Water Management District is limited to the procurement procedures set out in the statutes and has no authority to adopt a po…
Can a Florida county spend public funds and enter private property to fix storm damage during an emergency?
Yes, but only under a declared local emergency, and the county should get the owner's consent before entering. The Attorney General concluded that the State Emergency Management Act lets a county dedi…
Can a Florida county require neighboring landowners to consent before accepting a rezoning application?
No. The Attorney General concluded that nothing in the Community Planning Act, the common law, or other statutory law authorizes a county to condition acceptance of a rezoning application on the conse…
Can a city audit committee retroactively ratify a defective request for proposals issued by a staff officer?
No. The Attorney General concluded that an audit committee's statutory duty to create the request for proposals for a local government's financial audit cannot be delegated to a finance officer, and t…
Can a Florida school district pass a new 2-year millage referendum without voiding a 4-year millage voters already approved?
Yes. The Florida AG read the two subsections of section 1011.73 as operating independently, so a school district could ask voters to approve a 2-year millage increase under subsection (1) without canc…
Does a Florida no-contest plea to misdemeanor domestic violence with adjudication withheld bar owning a gun?
No. The Attorney General concluded that under Florida law a plea of nolo contendere (no contest) to a misdemeanor domestic violence charge, with adjudication of guilt withheld and probation imposed, i…
What counts as 'valuable consideration' under Florida's ban on paying for the privilege of towing cars from private property?
The AG explained that 'valuable consideration' in Florida's towing statute means something that confers a measurable pecuniary benefit, not just money. Whether any particular arrangement crosses that …
Can a Florida city ask voters to approve height and density increases for a redevelopment district that doesn't exist yet?
The AG would not pass on the proposal's validity, but cautioned that Florida law requires a ballot to give voters clear, fair notice. The city's plan to make all five height-and-density questions pass…
Can a Florida clerk of court make advance payments of county funds, and must an MSTU's electrical project be competitively bid?
The AG explained that a clerk of court can make advance payments of county funds when section 28.235 and the Chief Financial Officer's rules allow it, though whether a given project qualifies is a fac…
Can a Florida special district extend a continuing engineering contract without re-bidding under the Consultants' Competitive Negotiation Act?
The AG advised that the district's engineering contract, which ran for a fixed term of up to five years, was not a no-time-limit 'continuing contract' under the CCNA. So when it expired, any new engin…
Can a Florida city council member also serve as county emergency management director, or does the dual office-holding ban block it?
No. The AG concluded the county emergency management director holds an 'office,' not mere employment, so a sitting city council member could not hold both at once under Article II, section 5(a) of the…
Can a Florida company be a building-code 'private provider' just by hiring a licensed architect or engineer?
A business entity could qualify as a 'private provider' for building plan review and inspections only if the business itself is licensed or certified under Chapter 471 (engineering) or Chapter 481 (ar…
Can a Florida special district buy land with a boat ramp, and must the ramps be open to the public if it does?
The AG concluded the district could buy boat-ramp land if its board found the purchase mainly serves the district's job of maintaining the lakes and dams. But restricting the ramps to district lot own…
Can classroom teachers help decide how a Florida school spends its School Recognition Program award money?
Yes. The AG read 'school's staff' in section 1008.36 broadly enough to include classroom teachers, so teachers could take part in the joint decision with the school advisory council about how recognit…
Can a Florida city charge a residential rental registration fee or a new business tax to regulate rentals?
Because the city had already enacted its fee, the AG gave only informal comments. A city may charge a residential rental regulatory fee that reasonably covers enforcement costs, but a 2011 state law p…
Can a Florida special district or airport authority buy goods and services off state term contracts?
The AG concluded that the Sebring Airport Authority, a dependent special district, is an 'eligible user' under section 287.056(1), Florida Statutes. So it could buy commodities and contractual service…
Who fills a vacancy on a Florida special district board, and can the board keep operating while short a member?
The AG concluded that vacancies on the board of trustees of a mobile home park recreation district are filled by the remaining trustees under section 418.302(5), Florida Statutes, not by the Governor …
Do back-to-back board terms with a break in between count toward a Florida term limit?
The AG concluded that someone who served one four-year term, took a one-year break, then served a second four-year term had not served two 'consecutive' full terms. So under the Bay Medical Center cha…
Does a Florida community development district serve a public purpose?
The AG advised that a community development district created under Chapter 190, Florida Statutes, serves a public purpose. The Legislature declared the public need for these districts when it authoriz…
Is a Florida community development district a political subdivision of the state?
Under Florida law, the office advised, a community development district is generally considered a political subdivision of the state, even one with no qualified electors and landowner votes held by a …
Can a private nonprofit's director be charged with bid tampering under Florida's public corruption law?
The AG concluded that the executive director of Heartland Crime Stoppers, a private nonprofit corporation, was not a 'public servant' as that term is defined for Florida's bid-tampering statute (secti…
Does a Florida public board have to meet in public when it handles confidential whistle-blower complaints?
The AG concluded that the Hillsborough Transit Authority board could be designated to receive whistle-blower complaints, but as a collegial public body it had to act at open meetings under section 286…
Are Florida special district and airport authority board elections partisan or nonpartisan?
The office advised that a candidate for the Charlotte County Airport Authority must run in a nonpartisan race. Section 189.405(2)(c), Florida Statutes, makes elections for single-county special distri…
Do Florida criminal investigative records stay exempt from public records after the case is over?
The office explained that section 119.071's exemption for criminal intelligence and investigative information only applies while the information is 'active.' Once a case has been resolved, the informa…
Can a Florida county refuse to release the booking photo of an arrested police officer?
The office advised that a current or former law enforcement officer's photograph, including a booking 'mug shot,' is exempt from the mandatory public-records disclosure in section 119.07(1), so the co…
Can a Florida city spend infrastructure sales surtax money on beach erosion projects?
The AG concluded that the local infrastructure sales surtax in section 212.055(2) can pay for building beach erosion control structures and the design and planning studies tied to them, as long as the…
Can a Florida city require a voter referendum before its redevelopment agency borrows money?
The office gave informal comments because only one council member asked. Its long-standing view is that the Community Redevelopment Act (Part III, Chapter 163) is so detailed and pervasive that it pre…
Can a Florida value adjustment board member also serve on a city commission?
The AG concluded that a citizen member of a county value adjustment board cannot simultaneously be a member or employee of a municipality, because a city is a 'taxing authority' barred by section 194.…
Can one person be both a value adjustment board special magistrate and a city hearing officer in Florida?
The AG concluded that a value adjustment board special magistrate appointed for a calendar year cannot also serve as a city's hearing officer, even if the two sets of hearings happen in different mont…
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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.