Legal Opinion

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Florida Attorney General Reports

Decided April 12, 2001Published

1Opinion of the Court

Mr. Mark F. Carpanini Polk County Attorney Drawer AT01 Post Office Box 9005 Bartow, Florida 33831-9005

Dear Mr. Carpanini:

On behalf of the Polk County Board of County Commissioners, you ask substantially the following question:

May a county code enforcement hearing officer also serve, by appointment of the Governor, as a member of the Central Florida Regional Planning Council without violating the dual officeholding prohibition in Article II, section 5(a), Florida Constitution?

In sum:

A county code enforcement hearing officer with the authority to conduct hearings, issue orders and impose fines…

2Cases cited5 opinions

  1. State ex rel. Holloway v. SheatsSupreme Court of Florida · 1919
  2. Blackburn v. BroreinSupreme Court of Florida · 1954
  3. In re Advisory Opinion to the Governor—Dual Office-HoldingSupreme Court of Florida · 1994
  4. Verdi v. Metropolitan Dade CountyDistrict Court of Appeal of Florida · 1996
  5. Orange County v. GillespieDistrict Court of Appeal of Florida · 1970

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