CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
...Dickinson, III Executive Director Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399-0500 Dear Mr. Dickinson: You have asked for my opinion on substantially the following question: Are coin-operated public telephones considered vending machines within the scope of section 112.217 , Florida Statutes, so that the proceeds from commissions on cash receipts from such machines may be paid into the employee benefit fund established pursuant to that statute? In sum: Coin-operated public telephones may be considered "vending machines" for purposes of section 112.217 , Florida Statutes, and the Department of Highway Safety and Motor Vehicles may deposit the proceeds from commissions on cash receipts from such telephones into the department's employee benefit fund established pursuant to that section....
...The Auditor General has recommended that the Department of Highway Safety and Motor Vehicles (the department) request this office's opinion regarding the department's characterization of coin-operated public telephones as vending machines for purposes of section 112.217 , Florida Statutes. Section 112.217 , Florida Statutes, provides that: The Department of Highway Safety and Motor Vehicles is authorized to adopt rules creating and providing for the operation of an employees' benefit fund for employees of the Department of Highway Safety and Motor Vehicles....
...hines located in those buildings to provide funds that may be placed in the employees' benefit fund if the department has created such a fund. The department has promulgated Rule 15-5.001 , Florida Administrative Code, to implement the provisions of section 112.217 , Florida Statutes....
...funds collected from vending machines which are not under the administration of a duly created fund shall be deposited with the Treasurer of the State of Florida." 2 Thus, if a coin-operated public telephone is a vending machine within the scope of section 112.217 , Florida Statutes, the proceeds derived from commissions on cash receipts from the telephone may be paid into the employees' benefit fund of the Department of Highway Safety and Motor Vehicles....
...Thus, it appears that the Legislature continues to regard coin-operated telephones as "vending machines" for various purposes, including for certain crimes and for local license tax regulation. Therefore, it is my opinion that a coin-operated telephone may be considered a "vending machine" for purposes of section 112.217 , Florida Statutes, and the Department of Highway Safety and Motor Vehicles may deposit funds collected from commissions on cash receipts on such vending machines into the employee benefit fund created pursuant to Rule 15-5.001 , Florida Administrative Code....
