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 police officer also be a city commissioner for another city?
No. The AG advised that a police officer for one city holding a city commissioner seat in another city violates the dual office-holding prohibition in section 5(a), Article II of the Florida Constitut…
Is a city advisory committee member a 'public servant' under Florida bribery law?
Probably yes. The AG advised that the 'public servant' definition in section 838.014(6) is broad and does not exclude someone serving in a purely advisory role, so a procurement advisory committee mem…
Can a Florida public agency pay an employee a bonus or extra compensation?
Only in limited ways. The AG advised that section 215.425 generally bars extra compensation for services already rendered, so a bonus to existing employees for past work is prohibited unless it was pa…
Can a Florida town control traffic on a highway just outside its town limits?
No. The AG advised that under section 316.006(2), a municipality's traffic-control jurisdiction reaches only streets and highways within its boundaries (state roads aside). A town has no authority ove…
Does a Florida property appraiser have to keep a protected officer's home address confidential even if that officer does not own the property?
The AG advised yes on both points. The home-address exemption in section 119.071(4)(d) protects listed officials (law enforcement, judges, prosecutors, code officers, and others) regardless of whether…
Can a Florida county tax property owned by another county that sits within its borders?
No. The AG advised that property owned by a county is immune from taxation, including when one county owns land located inside a second county. County immunity rests on fundamental principles of gover…
Does a Florida university's private support foundation get sovereign immunity under section 768.28?
The AG declined to answer. Because the FAMU Foundation is a private nonprofit corporation rather than a government agency, the office said it has no authority to issue it a formal opinion, and the que…
Can a Florida mayor and city commissioner sit on a municipal charter school's governing board without violating the dual office-holding ban?
The AG gave informal, general guidance because the city had not yet drafted the ordinance or defined the board's powers. As a rule, Florida's constitutional dual office-holding prohibition does not ba…
Can someone who owns 5% of a property (with an LLC owning the rest) claim Florida's owner-builder permit exemption?
The AG gave informal comments, since this is partly a question of fact it cannot formally decide. An LLC, like a corporation, cannot use the owner-builder exemption in section 489.103(7) because it ca…
Can a private vendor use a non-disclosure clause to keep its contract terms and pricing secret from public records requests in Florida?
The AG gave general comments rather than ruling on the specific case, since it cannot comment on another agency's actions without that agency's request. Florida's Public Records Act is read broadly in…
Can a Florida city guarantee a private company's loan as an economic development incentive?
The AG advised that section 166.021(8) assigns a public purpose to spending public funds to attract and keep businesses, and its definition of 'economic development incentives' includes loan guarantee…
Does every private contractor that signs a contract with a Florida public agency have to follow the Public Records Law?
No, not automatically. The AG concluded that section 119.0701's public-records requirements apply only to contractors who both contract with a public agency and are 'acting on behalf of' that agency, …
Can a Florida sheriff use contraband forfeiture funds to pay for a private-security crime-prevention pilot program?
Yes. The AG concluded that special law enforcement trust fund money under the Florida Contraband Forfeiture Act can pay for a time-limited pilot program using private security personnel to patrol high…
Can a Florida town make a code violator pay the fees it pays its special magistrate as 'costs'?
No. The AG concluded that section 162.07(2), which lets a city recover the 'costs' of prosecuting a code violator, does not cover the compensation a town pays its special magistrate or the magistrate'…
Does Florida law spell out exactly how a tax collector must run a tax certificate sale?
The AG declined to issue a formal opinion because the question was tied up in pending litigation, but offered informal guidance pointing to its 2004 opinion. Section 197.432 authorizes tax certificate…
Is it legal in Florida to record a police officer during a traffic stop on your cell phone?
The AG declined to issue a formal opinion because the matter was in litigation, but gave informal comments. Florida's wiretap law (Chapter 934) protects 'oral communications' where a person has a reas…
Is it bigamy in Florida to marry someone before your divorce is final?
The AG could not opine on the validity of a foreign (Haitian) marriage, since it only advises government officials on questions of state law tied to their official duties. As general guidance, though,…
Can a Florida housing authority pay its director a bonus, and does the state anti-bonus law apply if the authority gets no state money?
The AG advised that section 215.425, which bars extra compensation after services are rendered, applies broadly to all 'units of government' and reaches the Tampa Housing Authority even though it runs…
Can one municipal board take over another board's duties without violating Florida's dual office-holding ban?
The AG advised that a town cannot simply appoint the members of its planning board to serve concurrently as the zoning board of adjustment, because holding both quasi-judicial offices at once would vi…
Does Florida law require a local board to let the public speak before it votes on something?
The AG gave informal comments rather than a formal opinion, finding the statute clear on its face. Section 286.0114 requires that members of the public get a reasonable opportunity to be heard on a pr…
Is a farm building or farm sign exempt from the Florida Building Code, and does that cover a feed store?
The AG gave informal comments because the questions are mixed law and fact it cannot formally decide. Section 604.50 exempts nonresidential farm buildings, farm fences, and farm signs on bona fide agr…
Can a Florida community redevelopment agency spend its trust-fund money on tourism promotion and nonprofit programs?
The AG declined formal comment, saying such a request should come from the agency itself, but reaffirmed its 2010 opinion (AGO 2010-40) as still good law. Community redevelopment focuses on eliminatin…
Can a Florida county spend tourist development tax money to promote events held outside the subcounty district that levied the tax?
The AG concluded that section 125.0104(5)(a)3., Florida Statutes, does not confine a county to spending tourist development tax funds only inside the subcounty special taxing district that levied them…
Can a Florida city or county regulate outdoor firearm ranges or recreational shooting in residential neighborhoods?
The AG declined to comment directly because the office was then litigating the constitutionality of section 790.33, Florida Statutes. It pointed instead to its earlier opinions, which had concluded th…
Can a Florida municipality limit outdoor firearm ranges or shooting practice in residential neighborhoods?
The AG declined to opine, because the office was party to pending litigation over the constitutionality of section 790.33, Florida Statutes, and office policy bars opinions on questions before the cou…
Can a Florida county civil service board use public funds to hire a lobbyist?
The AG concluded that the Hillsborough County Civil Service Board was not authorized to spend public funds to contract with a lobbying firm, because its enabling act, the Civil Service Act of 2000, ne…
Does charging an entry fee for a fishing tournament with cash prizes violate Florida gambling laws?
The AG advised that a fishing tournament is a contest of skill, not a game of chance, so it is not an illegal lottery; and where the sponsor does not compete and the entry fees do not make up the priz…
Can a Florida city reimpose its local option gas tax after it expires, and for how long?
The AG concluded that under section 336.025(1)(a)1., Florida Statutes, Jacksonville could reimpose or relevy its local option gas tax after the existing levy expired on August 31, 2016, and that a rei…
Can one person in Florida sit on a county licensing board and two advisory boards at the same time without breaking the dual office-holding ban?
Yes. The AG concluded that serving on the Brevard County Contractors' Licensing Board is an 'office,' but the Port St. John Dependent Special District and the Public Library Advisory Board are purely …
Do Florida special magistrates and sealed-bid openings have to follow the Sunshine Law and keep minutes?
The AG concluded yes on both points. A special magistrate acting under delegated authority as a code enforcement board is subject to the Government in the Sunshine Law (section 286.011), so the hearin…
Can a Florida county spend tourist development tax money to restore a natural coral reef?
The AG concluded that Monroe County could use tourist development tax revenues to fund a coral outplanting project to repair or improve a naturally occurring reef, treating it under section 125.0104(5…
Under Florida's CCNA, can a government skip competitive selection for a design contract over $2 million, and do design fees count toward the $2 million cap?
The AG concluded that a 'continuing contract' for work of a specified nature is still capped at $2 million in estimated construction cost per project, so a contract exceeding that must go through the …
Can a nonprofit hold a raffle in Florida without breaking the gambling laws?
Responding informally, the AG explained that Florida's general ban on lotteries (section 849.09) has a limited exception in section 849.0935, which lets certain 501(c) organizations, those qualified u…
Can a Florida county ban mobile homes from a residential zone that allows conventional and manufactured homes?
Responding informally, the AG advised that a county may exclude mobile homes from a zoning classification for conventionally constructed homes, because mobile homes (defined in section 320.01(2)(a)) d…
Can the spouse of a charter school employee sit on the school's governing board in Florida?
The AG concluded that section 1002.33(26)(c) applies to all charter schools, including municipal ones, because the statute has no limiting language. The office also concluded the prohibition is substa…
Can one red-light-camera hearing officer serve multiple Florida cities or counties at the same time?
The AG concluded no. The ex officio exemption in section 316.003(91) lets a local government use its own existing code enforcement board or special magistrate as the local hearing officer for red-ligh…
Can one building official serve a city and a county at once under an interlocal agreement in Florida?
The AG concluded that an interlocal agreement under section 163.01 letting Lee County provide building code inspection and plan review for the Town of Fort Myers Beach would not violate Florida's cons…
If a Florida special district is dissolved, who is responsible for its pension liabilities?
Responding informally, the AG explained that under section 189.4045(2), unless a law or ordinance says otherwise, dissolving a special district transfers its property to the local general-purpose gove…
Why did Florida's Attorney General ask the Supreme Court to reject the 2014 medical marijuana ballot measure?
In this petition to the Florida Supreme Court, Attorney General Bondi argued that the ballot title and summary for a proposed medical marijuana constitutional amendment were misleading and should keep…
Can a Florida county stop vacation rentals in a neighborhood zoned for single-family homes?
The AG advised that because Flagler County had no ordinance regulating vacation rentals on or before June 1, 2011, section 509.032(7) preempts the field to the state and bars the county from enacting …
Can a part-time police officer in Florida also work as a child protective investigator?
Offering general comments only, the AG noted that a paid police officer (full or part time) is an 'officer' for the constitutional dual office-holding ban, and that a child protective investigator who…
When does a Florida special district supervisor's seat become vacant for moving out of the district?
The AG could not give a definitive answer, because whether someone resides in the district is a mixed question of law and fact the office cannot resolve. As general guidance: a supervisor must be a qu…
Can a Florida city contract with a neighboring city for police services without a referendum?
The AG concluded that section 166.0495 supplies the general-law authorization the Florida Constitution requires for a city to exercise police powers beyond its own borders, letting a municipality ente…
If a Florida county official is suspended by the Governor and the charges are later dropped, can the official collect back pay for the suspension?
No. The AG concluded that a county officer suspended by the Governor is not statutorily entitled to back salary or benefits for the suspension period unless the officer is reinstated by the Governor, …
Does sitting on a Florida city planning board count as holding an office under the state's dual office-holding ban?
Not in this case. The AG concluded that a member of the Fort Pierce Planning Board was not an 'officer' under Florida's dual office-holding prohibition because the board only made recommendations to t…
Does Florida's special court-funding approval process apply to a county's $30 traffic surcharge for court facilities, or only to 'local requirements'?
The AG read section 29.008(2)(c)'s special expenditure-approval process as limited by its own terms to the 'local requirements' described in section 29.008(2)(a)2, not to other budget items like the $…
Can a Florida deputy sheriff keep his job if his spouse owns part of a wine bar that holds a liquor license?
Likely yes, on these facts. The AG explained that section 561.25 bars an officer from owning an interest in or being employed by a liquor-licensed business and from engaging in alcohol sales, but it d…
Can a Florida city release transcripts of closed attorney-client 'shade' meetings before the lawsuit ends?
Yes. The AG concluded that a governing body may release the transcripts of section 286.011(8) attorney-client litigation meetings before the conclusion of litigation. Doing so is not a Sunshine Law vi…
Can a Florida county charge school impact fees in only part of the county instead of countywide?
Yes, with conditions. The AG concluded a county may levy school impact fees in only one portion of the county, so long as the ordinance satisfies the 'dual rational nexus test' and is drafted so it do…
Are public employees' drug-test results from a Florida drug-free workplace program open to a public records request?
No. The AG concluded that drug-test results obtained under a Chapter 440 drug-free workplace program are confidential and exempt from Florida's Public Records Law, so a city cannot release them in res…
Can the same person be both a civil traffic infraction hearing officer and a 'local hearing officer' for red-light camera cases in Florida?
No. The AG concluded a 'local hearing officer' under section 316.003(91) is an office under Florida's dual office-holding ban. The statute lets a county or city use an existing code enforcement board …
Can a Florida city commission meet privately with its attorney to discuss a binding arbitration if no lawsuit has been filed?
No. The AG concluded that the section 286.011(8) attorney-client 'shade' meeting exemption applies only to pending litigation before a court or administrative agency. Mandatory, binding arbitration wi…
Does Florida law require a voter referendum before a county hospital can be sold?
Not by itself. The AG concluded that under section 155.40, the sale or lease of a county, district, or municipal hospital needs approval from the Secretary of Health Care Administration, and a voter r…
Can a Florida city pay a councilmember's legal fees for a lawsuit the member personally filed challenging a candidate's residency?
No. The AG concluded the city could not reimburse a councilmember's legal fees for individually prosecuting a suit challenging a candidate's qualifications. Public payment of an official's legal fees …
When are Florida law enforcement officers exempt from paying tolls, and will the AG interpret that exemption?
The AG declined to interpret the toll exemption in section 338.155. Because that statute is administered by FDOT and local transportation and expressway authorities that were not part of the request, …
What can a Florida county spend inmate welfare fund money on, and is that money public funds?
The AG offered only informal comments. Section 951.23(9) says jail commissary profits go to the inmate welfare fund and must be used for 'overall inmate welfare,' with the officer in charge of the jai…
Can a Florida county appoint a county administrator who is not a certified correctional officer as the jail's chief correctional officer?
In informal comments, the AG found no requirement that a county's chief correctional officer be a certified correctional officer when that person's primary duties do not include the direct supervision…
Does Florida's Sunshine Law require a city commission to approve the final written employment contract at a public meeting if the terms were already approved publicly?
No. The AG concluded that the Sunshine Law does not require a town commission to present, consider, and re-approve a final drafted employment contract at a public meeting when the terms were already a…
After a Florida lawsuit ends in a dismissal with prejudice, can a public board keep its closed-meeting transcripts secret because a related derivative claim was filed?
No. The AG concluded that a dismissal with prejudice is the conclusion of the litigation, so under section 286.011(8)(e) the transcripts of the board's closed strategy meetings become public record. T…
Is a Florida county a 'public entity of the state' for purposes of a federal program like the FAA drone test-site selection?
Yes. In a validation letter to the FAA, the AG confirmed that Hernando County, a non-charter county, is a political subdivision and public entity of the State of Florida under Article VIII, section 1 …
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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.