Title: Memorandum TEC, HSE from LMB re: Legislative Enactments
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00051963/00001
 Material Information
Title: Memorandum TEC, HSE from LMB re: Legislative Enactments
Alternate Title: Memorandum TEC, HSE from LMB re: Legislative Enactments, Ch. 61-691 Laws of Florida.
Physical Description: 1p.
Language: English
Publication Date: Jan. 16, 1985
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 4, Folder 1 ( SF BASIN BOARD CONCEPT ), Item 47
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051963
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text


January 16, 1985


RE: Legislative Enactments

Can you repeal a local act which was enacted pursuant to proper
notice, by the passage of a general law, without such notice,
which merely, but specifically, repeals certain sections of the
local act?

Chapter 61-691, Laws of Florida, created Southwest Florida Water
Management District and prescribed certain duties and
responsibilities for the new district to perform. It
specifically required that the District be subdivided into basins
or subdistricts.

As I recall, the statutory provision relating to local acts
required that a notice of intent to apply for legislation be
published in each county in which the proposed local act would
have some effect. This was done in all 16 or more counties, then
encompassed by the District.

Evidence of proper notice was filed with the Legislature and the
Legislature made a finding that proper notice had been given, as
appears in one of the last few sections of Chapter 61-691.

Chapter 691 was always treated as a local act and only applied to
certain portions of the State. It was never construed to have
statewide application.

Last year, certain sections of Chapter 61-691 were specifically
repealed by a general act which did not address any other similar
or related provision.

Is that portion of the general law which was passed last year an
unconstitutional exercise of legislative preogative, when the
notice provision was not complied with and the challenged portion
of the new law only applied to a specific portion of a unique
special or local act?


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