CopyCited 14 times | Published | Supreme Court of Florida
...eligible voters by referendum. Third, the court held that the purpose of the bond issue is improper in that the construction of a county jail eleven miles outside the county seat would violate article VIII, section 1(k), Florida Constitution [2] and section 138.09, Florida Statutes (1981)....
...The trial court held that the proposal to build the jail eleven miles away from the county seat was violative of article VIII, section 1(k), which provides that the principal offices and permanent records of all county officers shall be located at the county seat, and section 138.09, Florida Statutes (1981), which requires the county commissioners to erect a courthouse and a jail at the county seat....
...jacent to the site proposed for the new jail, eleven miles from DeLand. [4] Although article VIII, section 1(k), Florida Constitution, requires that the principal offices and permanent records of all county officers be located at the county seat and section
138.09 requires the county commissioners to erect a courthouse and a jail at the county seat as soon as the county seat has been decided upon by the electors, we note that section
138.12, Florida Statutes (1981), [5] permits county commission...
...I would reverse the trial court and remand with directions that these bonds be validated. I agree with the majority that Volusia County may build the proposed new jail outside the municipal boundaries of its county seat without violating article VIII, section 1(k), Florida Constitution, and section 138.09, Florida Statutes (1981)....
...Branch offices for the conduct of county business may be established elsewhere in the county by resolution of the governing body of the county in the manner prescribed by law. No instrument shall be deemed recorded in the county until filed at the county seat according to law. [3] Section 138.09, Florida Statutes (1981), provides: The county commissioners shall, within 5 days after the election provided for in s....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
...hief correctional officer unless the county seeks to enter into a contract with a private entity to operate and maintain the county detention facilities and to designate the private entity as the chief correctional officer. Question One You refer to section 138.09 , Florida Statutes 1981, which provided in part that "the said county commissioners shall erect, as soon as possible, a courthouse and jail . . . at the place so selected as the county seat aforesaid." In 1982, however, the Legislature deleted the term "and jail" from section 138.09 , Florida Statutes....
...4 The statutes, however, recognize that the county may enter into agreements with other governmental units to jointly provide such facilities, 5 or under certain conditions, prisoners may be exchanged or transferred between counties. 6 Accordingly, I am of the opinion that the deletion of the word "jail" in section 138.09 , Florida Statutes, does not remove the responsibility of the county to provide for county prisoners....
...correctional officer. Sincerely, Robert A. Butterworth Attorney General RAB/t 1 Chapter 82-43, Laws of Florida. 2 See , Bill Analysis, Committee on Corrections, Probation Parole, Florida House of Representatives, dated February 3, 1982, stating that s. 138.09 , Fla....
