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THE' ATTORNEY GENERAL
AJ:!ARTMENT HOUSES, ETC.
Octol:>er 31, 1927.
of the Revised General
relating to license fees on hotels, rooming houses, apart­
tenements in this State so that said section now reads as
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Amount of License Fee.-'l'he fee to cQnd,uct a hotel, room­
"..,."'....»'". apartment house or tenement house in this State shall be:
hotels, l'ooming houses, apartment houses containing five rooms
less than twenty rooms, $4.00; for hotels, rooming houses, apart­
houses or tenement houses containing twenty rooms or less than
rooms, $6.00; for hotels, rooming houses, apartment houses or
,
houses containing thirty rooms and less than forty rooms,
$7.50; for hotels, rooming houses, apartment houses or tenement
pouses containing forty rooms and less than fifty rooms, $10.00; for
p,otels, rooming houses, apartment houses or tenement houses contain­
·iug fifty rooms and less than sixty rooms, $12.50; for hot~ls, rooming
houses, apartment houses or tenement houses containing sixty rooms
and less than seventy-five rooms, $15.00; for hotels, rooming houses,
apartment houseS' or tenement houses containing seventy-five rooms
and less than one hundred rooms, $20.00; for .hotels, rooming houses,
, apartment houses or tenement houses containing one hundred rooms
and less than one hundred and fifty rooms, $25.00; for hotels, rooming
houses, apartment houses or tenement houses containing one hundred
and fifty rooms and less than two hundred and fifty rooms, $'30.00;
for hotels, rooming houses, apartment houses or tenement houses
containing two hundred and fifty rooms and less than three hundred
rooms, $35.00; for hotels, rooming houses, apartment houses or ten­
ement houses containing three hundred rooms or more, $50.00; which
shall be paid to the Hotel Commissioner before said license is issued,
and said license shall be kept in the'office of such place in a con­
spicuous manner, properly framed. Said license rnay be revoked by
either Hotel Commissioner or inspector at any time when the, laws
and regulations are not being complied with. Provided, that all
hotels, apartment houses, rooming houses, tenement houses or other
structures in course of construction shall be subject to and required
to pay the same schedule of license fees for inspection during con­
, struction as they are required to pay herein for inspection when in
operation as such. Any person, firm or corporation failing or neglect·
ing to pay the license fee herein required for more than fifteen days
after the ,due date thereof shall in addition to all other penalties im­
posed by this Act be required to pay an addition fee of fifty percent
of the regular license fee so imposed.
,Under this section, as amended, I am of the opinion that the words
"apartment' houses or ten'ement houses" as the same appear in the amended
section cover and embrace not only furnished tenement houses or apartment
houses but all tenement and apartment houses, furnished and unfurnished,
and that it would, therefore, be the duty of you, as Hotel Commissioner, to
collect the ~icense fee fixed, by this secti9ll. For all tenement houses of less
BIENNIAL REPORT OF THE ATTORNEY GENERAL
267
than twenty rooms you will notice that the amended law has omitted to pro­
vide any license fee. Consequently, none can be collected on such tenement
houses.
Trusting this answers your inquiry under date of October 31st, requesting
my opinion in the matter, I am,
Very truly yours,
FRED H. DAVIS, Attorney General.
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.HEALTH CERTIFICATES-:-'1'HOSE COMPETENT TO SIGN
January 21, 1928.
I have your letter of January 18th, in which you ask my opinion as" to
what persons are competent under the existing laws to sign health certifi­
cates required in the administration of the laws, rules and regulations gov­
erning the hotels and restaurants of this State.
My answer is that the character of the evidence required is such as may
be required by the Hotel Commissioner or an inspector in his discretion, it
" lJeing within the power of the Hotel Commissioner to determine what persons
he 'will recognize as registered, licensed or practitioners within the meaning
of Section 2153, Revised General Statutes of Florida.
The. purpose of the required health certificate is to convince the Hotel
Commissioner or his inspector that the employes furnishing ,the same are free
from disease. He should, therefore, require the certificate to be. Signed by
such a phYSician as would be authorized to make a diagnosis of and treat
contagi9us and infectious diseases under the laws of this State.
The only physicians who are authorized to diagnose and treat contagious
and infectious diseases are those who are licensed by the State Board of
J\:Iedical Examiners of Florida.
Oseopaths,naturopaths and chiropractors are not included in this clas­
sification.
Respectfully submitted,
FRED H. DAVIS, Attorney General.
Dear SVr:
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LICENSE TAXES-CQ-QPERATIVE APARTMENTS.
October 17, 1928.
Dear Sir:
I have your request of October 8th, in which you ask my opinion as to
whether or not buildings in this State, commonly known as co-operative apart~
ments, are subject to license by the State Hotel Commission.
My answer to your question will depend upon whether or not such apart­
ments are occupied by persons who have purchased or agreed to" purchase
units therein or whether the person owning the apartment building and sell­
ing apartments is merely leasing or renting the apartments to tenants.
Co-operative apartments occupied or used by p,ersons who have purchased,
or have an agreement to purchase an apartment "therein, are not subject to
the license provisions of the State Hotel law.
On the other hand, if such apartments are leased by an owner or man­
ager in a manner corresponding to leasing or renting the apartments by any
ordinary apartment house, the fact that· the building may be a partly co­
operative "apartment building would not defeat the inspection license tax for
"such portions of the co-operative apartment-house which' are leased or rent~d
as apartments.
Very truly yours,
FRED H. DAVIS, Attorney General.