Committee Meeting Handout Office of the Attorney General 01/19/1990 EY.C OFFICE OF THE ATTORNEY GENERAL
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A 1 A : DEPARTMENT OF LEGAL AFFAIRS
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ROBERT A. BUTTERWORTH TALLAHASSEE, FLORIDA 32399-1050
Attorney General
State of Florida
January 19 , 1990
Mr. Thomas G. Cannon, Chairman
Board of East Naples Fire Control
and Rescue District
4798 Davis Boulevard
Naples, Florida 33962
Dear Mr. Cannon:
Thank you for considering this office as a source for a
determination as to which governmental entity, the fire
district or Collier County, is responsible for the enforcement
of Ch. 633, F .S . You state that there presently is a dispute
between Collier County and the individual fire districts as to
which has jurisdiction in this matter.
While the Attorney General ' s Office is authorized to render
formal opinions regarding the official acts of public officials
or entities under state law, this office is not in a position to
resolve disputes between political agencies at the request of
one of the parties . In the absence of Collier County joining
in the request for an opinion as to its authority and responsi-
bility, this office cannot respond with a legal opinion.
I trust you will understand that this office may not become
more directly involved in this matter, absent a request from
each party as to its authority and responsibility under state
law. Should Collier County wish to join in your request, this
office would require a memorandum of law from both parties .
Sincerely,
1 -.<4_,./A--A 6\km,,„,,,,A---,,
Robert A. Butterworth
Attorney General
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Enclosure
1 See, 1987 Annual Report of the Attorney General, Department of
Legal Affairs , Attorney General Opinions , p. ix (copy enclosed) .
AN AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER
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1 DEPARTMENT OF LEGAL AFFAIRS
1 ".
Attorney General Opinions
I. General Nature and Purpose of Opinions "
Issuing legal opinions to governmental agencies has long been a function of the r=
"`- Office of the Attorney General.Attorney General Opinions serve to provide legal
1 ,advice on questions of statutory interpretation and can provide guidance to public
bodies as an alternative to costly litigation. Opinions of the Attorney General,
however,are not law.They are advisory only and are not binding in a court of law. �}
Attorney General Opinions are intended to address only questions of law, not
questions of fact, mixed questions of fact and law, or questions of executive, 3-f'.
I legislative or administrative policy.
1 Attorney General Opinions are not a substitute for the advice and counsel of the
attorneys who represent governmental agencies and officials on a day to day basis. x
They should not be sought to arbitrate a political dispute between agencies or SQL:
between factions within an agency or merely to buttress the opinions of an agency's
own legal counsel.Nor should an opinion be sought as a weapon by only one side in a
dispute between agencies. 3
Particularly difficult or momentous questions ofalse
law should be submitted to the .„:
courts for resolution by declaratory judgment.When deemed appropriate,this office . ^;
will recommend this course of action. Similarly, there may be instances when i'
securing a declaratory statement under the Administrative Procedure Act will be -s-2
appropriate and will be recommended.
II. Types of Opinions Issued
I
There are several types of opinions issued by the Attorney General's Office.All
legal opinions issued by this office, whether formal or informal, are persuasive h :
authority and not binding. ' .fir
y °I,
Formal numbered opinions are signed by the Attorney General and published in
the Annual Report of the Attorney General.These opinions address questions of law
which are of statewide concern.
This office also issues a large body of informal opinions.Generally these opinions
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address questions of more limited application.Informal opinions may be signed by ..A°
the Attorney General or by the drafting assistant attorney general.Those signed by �
the Attorney General are generally issued to public officials to whom the Attorney ='
General is required to respond.Informal opinions issued by the drafting attorney est
are issued in memoranda form. While an official or agency may request that an ��
opinion be issued as a formal or informal,the determination of the type of opinion „tw,
d issued rests with this office.
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1 III. Persons to Whom Opinions May Be Issued
t The responsibility of the AttorneyGeneral toprovide legal opinions is specified in
P Y g P P r,J
4 s.16.01(3),F.S.That section requires the Attorney General to render opinions to"the ;, 'r
IGovernor, a member of the Cabinet, the head of a department in the executive a3
branch of state government, the Speaker of the House of Representatives, the
• President of the Senate,the Minority Leader of the House of Representatives,or the
Minority Leader of the Senate...." :' :
The Attorney General may also issue opinions to"a member of the Legislature,
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other state officer,or officer of a county,municipality,other unit of local govern-
1 ment,or political subdivision."In addition,the Attorney General is authorized to x,
' provide legal advice to the state attorneys and to the representatives in Congress ` "?
from this state.Sections 16.08 and 16.52(1),F.S. t
r Questions relating to the powers and duties of a public board or commission(or
other collegial public body)must be requested by a majority of the members of that
i body.A request from a board must,therefore,clearly indicate that the opinion is
being sought by a majority of its members and not merely by a dissenting member or �{
i.
faction. r
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