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 homeowner petition the value adjustment board to increase their property's assessed market value?
Yes. The AG found no statute or constitutional provision limiting a value adjustment board to petitions seeking a reduction. A current homeowner may petition the board to argue that the just (market) …
Can a retired Florida auxiliary officer carry a concealed gun under LEOSA?
The office declined to give a personal legal opinion, explaining that the Attorney General issues opinions only to public officials about their own official duties under state law, not to private indi…
Did Florida have to hold a referendum to merge two hospital districts?
No. The office explained that the 1989 special-district statute let two districts merge by concurrent resolution without a referendum, and that the special act ratifying the merger (Chapter 95-508) sa…
Who decides whether a Florida city candidate meets the residency requirement?
The office declined to answer directly, explaining that who verifies a candidate's residency under a city charter is a question of local charter interpretation it does not opine on, and that state ele…
Can a Florida city ban texting while driving with its own ordinance?
The office concluded that section 316.0075, Florida Statutes, expressly preempts regulation of drivers' and passengers' use of cellphones and other electronic communications devices to the state. On t…
Is the Florida Department of Citrus a state agency?
Yes. Attorney General Bill McCollum concluded that the Florida Department of Citrus is an agency of the State of Florida. Chapter 20, Florida Statutes, places it in the executive branch as one of the …
Can a Florida city put its police chief on the police pension board by ordinance?
The office deferred to the Department of Management Services, which had objected that a city cannot change the composition of a Chapter 185 police pension board by local ordinance. On the dual office-…
Can Florida city commissioners submit written questions to staff before a meeting without breaking the Sunshine Law?
The office did not flatly prohibit the plan but flagged two problems. Routing commissioners' questions through the city manager and back to all commissioners risks becoming a de facto meeting if staff…
Can a Florida hospital district buy equipment and a building from one sole-source vendor without competitive selection for the design work?
No. Attorney General Bill McCollum concluded that the North Broward Hospital District could not use a sole-source contract with an equipment vendor that then hires a general contractor to design and b…
Can one person serve at the same time on a county code enforcement board, a housing finance authority, and a city development board?
Attorney General Bill McCollum concluded that members of the Orange County Code Enforcement Board, the Orange County Housing Finance Authority Board, and the City of Orlando Downtown Development Board…
Can a Florida city switch to four-year terms and extend sitting officials' terms in one charter referendum?
Yes. Attorney General Bill McCollum concluded that the City of Springfield could use a single referendum to amend its charter to change elected officers' terms from two years to four years and to exte…
Can a Florida city zone a county-owned airport that sits inside the city limits?
No. Attorney General Bill McCollum concluded that a county-owned airport sitting inside a municipality's boundaries is under the exclusive jurisdiction of the county under section 125.015, Florida Sta…
Can a Florida county set a nighttime curfew on airboats to cut down noise?
Attorney General Bill McCollum concluded that an airboat curfew aimed at noise is not a 'boating-restricted area' under section 327.46, so it does not need Fish and Wildlife Conservation Commission ap…
When land moves from one Florida county to another, which county collects that year's property taxes?
Attorney General Bill McCollum concluded that because the transferred land (known as 'the Wedge') was in Palm Beach County on January 1, 2009 and was assessed by the Palm Beach County Property Apprais…
Can a Florida city fill appointive-board vacancies by ordinance without a charter referendum?
Yes. Attorney General Bill McCollum concluded that the City of Winter Park could adopt an ordinance letting alternate board members advance to fill vacancies without a charter referendum, because the …
Do Florida 'community service officers' or 'public service aides' need police certification if they do law enforcement work?
Attorney General Bill McCollum concluded that whether 'public service aides' or 'community service officers' must be certified depends on their actual duties, not their job titles. If a person's dutie…
When must a Florida community development district hold its board elections?
Attorney General Bill McCollum concluded that once a community development district elects board members by its qualified electors, those elections must be held at the general election, meaning the fi…
Can a Florida water control district enforce parking and traffic rules on its own canal rights-of-way?
Attorney General Bill McCollum concluded that the Melbourne-Tillman Water Control District has no independent police, traffic, or code enforcement power. Under section 316.006, it may enter a written …
Do Florida's inmate-medical-fee caps apply when a private prison already has a contract with the provider?
The office declined to issue a formal opinion because the questions involved other state agencies' duties and came from a legislator on behalf of constituents. Informally, it noted that section 945.60…
When a public board uses weighted voting, do you count members or vote weight to decide if there's a quorum?
In an informal opinion, the Attorney General's office found no statutory quorum requirement for the Southwood Shared Resource Center's board of trustees. Absent one, common parliamentary law sets a qu…
What can a Florida property appraiser do if the value adjustment board hasn't finished and last year's final taxable values aren't known yet?
In an informal opinion, the Attorney General's office concluded that Florida's statutes contemplate the property appraiser using the value adjustment board's final actions to certify the assessment ro…
When a Florida special taxing unit is replaced by a new district, who gets its old public records?
Attorney General Bill McCollum concluded that the public records of the Spring Hill Fire & Rescue District Municipal Services Benefit Unit should be delivered under section 119.021(4) to the records c…
Can a Florida county keep control of building and development permits inside a city through an interlocal service boundary agreement?
Attorney General Bill McCollum concluded that the Interlocal Service Boundary Agreement Act cannot be used by a county to retain authority over issuing development and building permits and providing i…
Can a Florida city enter and fix an unsafe property without the owner's consent, and can it arrest the owner without a warrant?
Attorney General Bill McCollum concluded that an order of a city's Unsafe Structures Board allows the city to enter premises, even an owner-occupied homestead, to make reasonable repairs and abate a c…
Can you secretly record a conversation with an official in their office in Florida, or is that illegal wiretapping?
In an informal opinion, the Attorney General's office explained that Florida's section 934.03 bars secretly recording an 'oral communication,' which means a conversation where the speaker has a reason…
Can a Florida adoption agency make you list and lock up your guns separately, and is keeping that list legal?
In an informal opinion, the Attorney General's office noted that requiring separate storage of a firearm and ammunition is more restrictive than section 790.174, and that Florida's firearm-preemption …
Can a Florida independent fire district charge impact fees on new construction if its charter doesn't authorize them?
Attorney General Bill McCollum concluded that the North Okaloosa Fire District board had no authority to levy impact fees. Under section 191.009(4), an independent special fire control district may im…
Can members of a Florida public board hash out business by passing letters around instead of meeting in public?
In an informal opinion, the Attorney General's office concluded that the Florida State Fair Authority, as a legislatively created state board, is subject to the Government in the Sunshine Law. Circula…
What can a Florida commissioner of deeds actually do, and do they have to live in the foreign country?
In an informal opinion, the Attorney General's office explained that a commissioner of deeds is a gubernatorial appointee with only the limited powers the statutes grant: taking acknowledgments, proof…
Are teacher-made practice tests for AP exams public records you can request from a Florida school district?
Attorney General Bill McCollum concluded that student assessment tests developed by teachers to measure preparedness for college board advanced placement exams are confidential and exempt from the ins…
Can a Florida hospital district legally enter a joint venture with a private company to run a medical center?
In an informal opinion, the Attorney General's office explained that a hospital district like North Broward has broad statutory authority to participate in joint ventures, but only within the limits o…
How are condo garage or dock spaces (limited common elements) taxed in Florida, to everyone or just the unit using them?
Attorney General Bill McCollum concluded that limited common elements in a condominium should be assessed for taxation to the individual units that receive their benefit, not prorated among all owners…
Can you get an outside auditor's working papers for a city audit through a Florida public records request?
In an informal opinion, the Attorney General's office explained that under section 473.318, a CPA's working papers remain the private property of the firm, except for reports given to the client or re…
Can a Florida city or county discipline a state-certified contractor, or only the state licensing board?
In an informal opinion, the Attorney General's office explained that primary authority to discipline state-certified contractors rests with the Construction Industry Licensing Board. Local governments…
Does a Florida clerk have to charge a filing fee to file a domestic violence protection petition?
Attorney General Bill McCollum concluded that a clerk of court may not assess a filing fee for a petition for protection against domestic violence. Section 741.30(2)(a) prohibits that fee 'notwithstan…
Can a Florida CRA use tax increment funds to help build a nonprofit's new facility outside the redevelopment district?
Attorney General Bill McCollum concluded that a community redevelopment agency may spend redevelopment trust funds to relocate displaced site occupants to a new location inside or outside the district…
Can a Florida officer's vested local pension be forfeited for a crime committed after he moved to a different retirement system?
Attorney General Bill McCollum concluded that section 112.3173 reaches every public retirement system an officer belongs to, not just the one he was actively contributing to when he committed the crim…
Can a Florida newspaper get the names and addresses of people who made 911 medical calls from county EMS records?
Attorney General Bill McCollum concluded that the entire record of an emergency call containing patient examination or treatment information is confidential and exempt from the public records law unde…
Can a Florida county make it a misdemeanor to not pay a civil fine from a county code or animal-control citation?
Attorney General Bill McCollum concluded that Gilchrist County, a noncharter county, had no authority to adopt an ordinance making it a misdemeanor to fail to timely pay a civil penalty imposed under …
Can a Florida county spend infrastructure surtax money to build a facility that will be owned by a private entity or the Navy?
Attorney General Bill McCollum concluded that Escambia County could not use local government infrastructure surtax proceeds to help build a Naval Flight Academy that the county would not own and that …
Can a Florida port district give a grant to build replica boats that will be donated to a museum in Spain?
Attorney General Bill McCollum concluded he could not find that a district purpose would be served by the St. Augustine Port, Waterway and Beach District funding a grant to build two replica boats tha…
Does a Florida farm building with bedrooms and a kitchen used part-time count as residential, and can the county still apply zoning?
Attorney General Bill McCollum reached two conclusions. First, the word residential in section 604.50 does not require full-time occupancy: a structure clearly designed for living (here a barn with tw…
Can a Florida city hold a closed meeting to discuss settling a Bert J. Harris Act claim before any lawsuit is filed?
Attorney General Bill McCollum concluded that a town council that has received a pre-suit notice letter under the Bert J. Harris Act is not a party to pending litigation, so it may not hold a closed a…
Are a Florida city commissioner's private handwritten meeting notes public records the public can request?
In an informal opinion, Assistant Attorney General Lagran Saunders explained that handwritten notes a city commissioner takes purely for personal use, not intended to perpetuate, communicate, or forma…
Does the Florida Attorney General have authority to act on an audit of a county supervisor of elections?
After the Hillsborough County Attorney forwarded an Ernst & Young audit of the county Supervisor of Elections and asked the Attorney General to take any appropriate action, Assistant Attorney General …
Can a Florida city council member with a concealed weapons permit carry a gun into council meetings as their place of business?
Attorney General Bill McCollum concluded that a city council member may not carry a weapon or firearm into a city council meeting, and that the place-of-business exception in section 790.25(3)(n) does…
Who decides whether a foreign country like South Korea is a reciprocating state for enforcing Florida child support orders?
A circuit judge asked the Attorney General to determine whether South Korea is a reciprocating 'state' under section 88.1011(19) for enforcing child support orders. Assistant Attorney General Joslyn W…
Can a Florida board member share a written report with other members before a public meeting without violating the Sunshine Law?
In an informal letter, Assistant Attorney General Joslyn Wilson noted that this office could only issue a formal opinion if a majority of the board requested it. As general guidance, the letter explai…
When is a golf course in a Florida subdivision a common element so its taxes get spread across the lot owners?
Attorney General Bill McCollum answered two questions for the Seminole County Property Appraiser. First, a golf course in a platted residential subdivision that is designated on the plat or site plan …
Can a Florida county use its own fee ordinance to get confidential crash reports during the 60-day exemption period?
Attorney General Bill McCollum concluded that Escambia County could not use its Motor Vehicle Accident Cost Recovery Fee Ordinance to obtain crash reports that are confidential and exempt for 60 days …
Can a union get a list of Florida retirees' names and addresses from the state retirement system?
After AFSCME requested a list of all retired Career Service employees, the Department of Management Services asked about its duties under section 121.031. Senior Assistant Attorney General Gerry Hammo…
Can a Florida city spend its traffic-fine automation money on mobile data terminals and the monthly fees to run them?
Attorney General Bill McCollum concluded that a city may use the traffic-fine money it receives under section 318.21(9) to pay not just for devices like mobile data terminals and portable units (a Bla…
Can a Florida city charge a code violator with a repeat violation when they never fixed the original one?
Attorney General Bill McCollum concluded that a city may not cite and prosecute someone for a repeat code violation under section 162.06(3) based on a prior adjudication of the same violation that has…
Are a Florida water control district's recreational powers limited to its water-control purpose?
Yes. Asked to reconsider AGO 2009-13, the AG's office stood by it: a water control district is a special-purpose entity with no home-rule powers, so the recreational facilities it may own and maintain…
Is a Florida city's Facebook page a public record, and does the Sunshine Law apply to it?
Mostly yes. Because a city's Facebook page must serve a municipal purpose, the AG presumed its contents are public records under Chapter 119, subject to records-retention schedules, and that constitut…
Can a Florida city pass its own ordinance regulating consumer fireworks?
Not under the law as it stood in 2009. The AG concluded that the moratorium in Chapter 2007-67, Laws of Florida, still barred a municipality from adopting any ordinance that directly prohibits or inte…
Can a Florida housing finance authority loan its surplus funds to for-profit developers to build affordable housing?
Yes. The Housing Finance Authority of Palm Beach County could loan its surplus funds to for-profit developers to finance qualifying housing (construction, purchase, reconstruction, or rehabilitation),…
Can city police enforce traffic laws and speed limits on private gated-community roads in Florida?
Yes. When a gated community signs a written traffic-control agreement with the city under section 316.006(2)(b), municipal police may enforce Chapter 316 traffic laws on those private roads, including…
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 AG concluded the city could, but only because it was the real party in interest. Pembroke Pines fully indemnified and paid for the defense of an employee who was the named defendant, which made th…
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 doe…
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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.