THE ATTORNEY GENERAL SAYS THE TOWN DID WRONG WITH THE LOFT FUNDS. IT’S TIME TO FILE A LEGAL ACTION AGAINST KEN DANIELS, RICHARD POWELL AND KARIN HATTON.

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OFFICE OF THE ATTORNEY GENERAL Opinions Section 

STATE 

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CE OF FLOW 

LORIDA 

ASHLEY MOODY ATTORNEY GENERAL STATE OF FLORID

PL-01 The Capitol Tallahassee, FL 32399-1050 Phone (850) 245-0140 Fax (850) 922-3969 http://www.myfloridalegal.com 

October 10, 2019 

Meagan L. Logan Attorney for the Town of White Springs 177 N.W. Madison Street Lake City, Florida 32055 

Dear Ms. Logan: 

We have received the request from the Town of White Springs asking the Attorney General to clarify the scope of section 336.025(7), Florida Statutes (2018), regarding use of the Local Option Fuel Tax for transportation expenditures. Section 336.025(7) defines “transportation expenditures” and specifically enumerates the seven categories of roadway infrastructure for which revenue from the tax may be used. You ask whether it is appropriate that the town is currently using such revenue for “compensation of the town manager, town clerk/finance director, administrative assistant, and public works staff; staff clothing and administration and travel expenses for staff attending conferences and training.” 

This office must decline the opinion request. As stated on the website of the Office of the Attorney General, it is the policy of the Attorney General to decline to issue an opinion “where the official or agency has already acted and seeks to justify the action.”l Two Attorney General opinions that should be useful in determining whether the Town’s uses are encompassed by section 336.025(7) are Attorney General Opinions 2010-29 and 2002-02. 

Sincerely, 

Cao B 7 

Ellen B. Gwynn Senior Assistant Attorney General Opinions Division 

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