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 water control district let its landowners vote by mail (absentee ballot) for the three landowner-elected seats on its Board of Supervisors at the annual landowners' meeting?
AG Moody concluded in 2019 that there is no language in the District's charter or in Chapter 298, Florida Statutes, that authorizes voting by mail in district landowner elections. Section 298.11(2) ex…
Can a Florida community development district divide itself into voting zones, with each zone electing one board member to ensure each subdivision within the district gets representation?
No. The AG read Chapter 190 as requiring board members to be 'qualified electors of the district' rather than of a zone; the Legislature, not the district, would have to authorize zoned elections.
Can a Florida housing finance authority grant surplus funds to a 501(c)(3) like Habitat for Humanity to renovate a thrift store that funds affordable housing?
Yes. Section 159.608(10)(a) authorized the Polk County Housing Finance Authority to grant surplus funds to Habitat for Humanity to renovate a Habitat ReStore, because the renovation would let Habitat …
Can a Florida fire and EMS district raise its ad valorem millage above the special-act-authorized 1 mill cap by board resolution after a one-time referendum?
No. Under Chapter 2005-329, Laws of Florida, and § 191.009(1), the Key Largo Fire Rescue and EMS District has to obtain referendum approval every year it seeks an ad valorem tax above 1 mill. Annual r…
Can a Florida fire district levy non-ad valorem assessments against tax-exempt (but not immune) real property within its boundaries?
Yes, generally. Although the North River Fire District's special act limits assessments to 'taxable real estate,' chapter 191, Florida Statutes, supplements that authority and lets the district levy n…
Is a Florida mosquito control district a political subdivision, and is its drone a public aircraft eligible for FAA Certificate of Authorization?
Yes. The Lee County Mosquito Control District, an independent special district created by special act, is a political subdivision under § 1.01(8). Section 388.231(1) prohibits use of mosquito-control …
Can a Florida special district use district funds to pay for board members' group health insurance, in addition to their statutorily authorized compensation?
Yes. Section 112.08(2)(a) authorizes the Loxahatchee River District (a 'local governmental unit') to use district funds for board members' group health insurance, in addition to the $100/month compens…
Is Florida's Tampa Port Authority a 'public entity of the state' under FAA rules so that it can run an unmanned-aircraft systems test site?
Yes. Attorney General Pam Bondi formally certified to the FAA that the Tampa Port Authority is a 'public entity of the state' for purposes of the FAA's Unmanned Aircraft Systems Test Site selection pr…
Does a Florida water control district need a voter referendum to levy a non-ad valorem assessment for park maintenance on leased county land?
No. The Florida AG concluded that neither Chapter 189 nor Chapter 298, nor the district's enabling act, requires the Indian Trail Improvement District to hold a voter referendum before levying a non-a…
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, so …
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 1.…
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…
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…
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 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…
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 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 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 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 …
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…
Can a Florida special district create its own 'hybrid' bidding process for public construction projects?
No. The AG concluded that the Southwest Florida Water Management District, as a creature of statute, may only use the competitive-award procedures the Legislature set out in section 255.20 (for public…
Does a Florida property appraiser have to refund excess fees to a special district that pays for non-ad valorem assessment collection?
Yes, it appears so. The AG's informal comments concluded that Department of Revenue Rule 12D-11.009 directs a property appraiser to distribute excess funds to each governmental unit, including a speci…
Can a Florida water management district ban outdoor smoking on its property and bar employees from using tobacco on the clock?
Two answers. The AG concluded that section 386.209 preempts smoking regulation to the state, so the St. Johns River Water Management District could not ban outdoor smoking by everyone on district prop…
What can a Florida hospital-district board member do under a 'non-interference' charter clause, and what happens if they violate it?
An individual North Broward Hospital District commissioner could ask questions of or request information from staff supervised by the President/CEO, but could not otherwise direct or interfere with th…
When a Florida district raises its tax rate by supermajority, is the vote counted against all seats or only the members currently serving?
Against all seats. The Attorney General's office concluded that a supermajority vote 'of the membership of the governing body' under section 200.065(5)(a) is measured against the board's total members…
Can a Florida city appoint one of its own commissioners to serve on a special district's board of directors?
The Attorney General's office declined to rule for the Valparaiso commission, but offered general guidance: the Florida Supreme Court has held no Florida common-law rule bars a governmental body from …
Who fills a vacancy on the Florida Keys Mosquito Control District board, the Governor or the Commissioner of Agriculture?
The Governor. A general statute (section 388.111) lets the Commissioner of Agriculture fill mosquito-district vacancies, but the Florida Keys district's own 2002 special act is both more specific and …
Can a Florida water control district spend its funds on mosquito and arthropod control if its charter doesn't say so?
No, it does not appear so. The Spring Lake Improvement District is a water control district whose powers are limited to what its charter and Chapter 298 grant. Neither authorizes spending district fun…
Is a county ethics commission hearing examiner an 'office' that triggers Florida's ban on holding two public offices at once?
The Attorney General's office declined to decide, because answering would mean commenting on two counties' actions. It offered only the general framework: whether a position is an 'office' (triggering…
Can a special district board repeal its bylaws by simple majority when the bylaws require a supermajority to amend them?
Probably not. The AG's office gave only informal comments (it does not formally interpret local bylaws), but pointed to Sterling v. Brevard County, where a board could not lower its own supermajority …
Does a Florida neighborhood improvement district always need 75% of property owners to approve it before it can be created?
Not in every case. The Safe Neighborhoods Act provides several different methods to create a neighborhood improvement district. The 75% written-consent requirement applies only to the property owners'…
If a local board member's term expires and nobody runs for the seat, is there a vacancy the county has to fill?
No. The expiration of a term of office is not on Florida's list of things that create a vacancy, so the sitting member holds over and keeps serving until a successor is elected and qualified. A true v…
How are vacancies filled on a multicounty water control district board, by appointment or by special election?
Apparently by special election. After a 2009 amendment, the East County Water Control District's act says vacancies are filled under section 189.405(3)(a), which routes the popularly elected board to …
Can a Florida fire district buy a fire truck on an installment loan that lets the lender repossess it if the district defaults?
Not the way it was structured. The Dorcas Fire District may buy a fire truck on an installment sales contract if it has the funds for that year's payments, but without referendum approval it cannot us…
When a soil and water conservation district seat goes vacant in Florida, how long does the board's appointee serve?
Until the next scheduled general election. When a soil and water conservation district seat became vacant, the remaining supervisors could appoint a successor, but only through the next general electi…
If a Florida special district sets a zero tax rate one year, can it raise the millage the next year?
Yes. The AG concluded that an independent special district (here the St. Augustine-St. Johns County Airport Authority) that levied a zero millage rate one year was not locked out of taxing later. Beca…
Who counts as a 'qualified elector' for a Florida special-district referendum?
In informal, advisory comments, the AG's office read 'qualified electors of the district' to mean only the registered voters of the Spring Lake Improvement District in Highlands County, so only they c…
What counts as a 'subcounty special district' for Florida's local tourist development tax?
The AG said the phrase 'subcounty special district' in section 125.0104(3)(b) is not defined, so it appears to mean any special district that meets the statute's requirement of embracing all or a sign…
Can a Florida fire district link its official website to its chaplain's religious webpage?
It depends on the content. The office advised that a fire district may run a website, including a fire-chaplain page, but only if the page relates to the chaplain's core crisis-support functions and n…
Does serving on the Greater Orlando Aviation Authority count as a public 'office' under Florida's dual office-holding ban?
The office would not give a clean answer. An Ethics Commission member asked whether also sitting on the Greater Orlando Aviation Authority would violate Article II, section 5(a). Because the Authority…
Can a Florida water control district claim roads it maintained under the statutory presumption of dedication?
No. The AG concluded that section 95.361, Florida Statutes, which presumes a road dedicated to the public after four years of continuous government maintenance, applies only to counties, municipalitie…
Can a Florida regional workforce development board take votes by proxy?
Probably not. The office gave informal comments because a majority of the board had not joined the request. It noted that special districts have only the powers expressly granted or necessarily implie…
Can an independent fire control district in Florida charge a first responder fee that counties and cities can't?
Yes. The AG concluded that the 2009 ban on first responder fees in sections 125.01045 and 166.0446 applies only to counties and municipalities, not to an independent special district created by the Le…
Can a Florida public hospital district lease its property to a partnership it forms with a private for-profit company?
No. The AG concluded that a 51/49 partnership between the North Broward Hospital District's nonprofit subsidiary and a private oncology provider amounted to a 'joint ownership' barred by Article VII, …
When does a tenant-commissioner on a Florida housing authority lose their seat for falling behind on rent?
The AG concluded that under section 421.05(1), Florida Statutes, a tenant-commissioner who is no longer 'current in rent' creates a vacancy in office, and a qualified replacement must be appointed for…
Can a Florida mosquito control district fine property owners for standing water on their land?
No. The AG concluded that the Anastasia Mosquito Control District has no power to fine property owners who let standing water accumulate, because neither Chapter 388 nor its charter authorizes a fine,…
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…
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 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 …
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 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 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…
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…
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…
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 facil…
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 govern…
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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.