Title: Opinion File - 65-25 thru 65-28
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Permanent Link: http://ufdc.ufl.edu/WL00003230/00001
 Material Information
Title: Opinion File - 65-25 thru 65-28
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File - 65-25 thru 65-28
General Note: Box 14, Folder 2 ( Opinion File 1961-1971 - 1961-1971 ), Item 18
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003230
Volume ID: VID00001
Source Institution: Levin College of Law, 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



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SJuly 28, 1965

Memo to: MGG

From: EBM

QUESTION
Is a consultant or advisor who has been retained by the
Southwest Florida Water Management District within the purview
of F. S. Section 112.061 relating to per diem and travelling
expenses of public officers, employees and authorized persons?

The Southwest Florida Water Management District was created
and established by Chapter 61-691 for the purposes defined and
provided for in Chapter 378, F. S. relating to flood control,
reclamation, conservation and allied purposes, and for state coop-
eration with the U. S. in the manner provided by Congress for flood
control, reclamation, conservation and allied purposes in protect-
ing the inhabitants, the land and. other property within the district
from the effect of a surplus or deficiency of water within the area
embraced by the said district. See 1962 Op. Atty. Gen. 062-15.

Section 378.15(3), F. S. designates the per diem and travel ex-
penses allowed to the Chairman and members of the Board of the
f district. However, neither Chapter 378, F. S. (under which the
district operates and is governed), nor Chapter 61-691, 1961
(which created the Southwest Florida Water Management District)
contain provisions for the payment of per diem and travel ex-
penses to a person Who is called upon by the district to con-
tribute time and services as a consultant or advisor.

In Opinion 060-114, issued on July 13, 1960, the Attorney General
informed the Executive Director of the Central and Southern
Florida flood control districts, that the governing'board of
that district cannot authorize its Executive Director or other
members of its staff to be reimbursed for travel expenses in
connection with the district's business on an "actual expense"
basis, rather than a fixed per diem rate for subsistence and
lodging. In this opinion, the Attorney General declared:

"If the executive director or members of the staff
of the district are state officers or employees with-
in the purview of Section 112;061(1), supra, then such
persons are bound by its provisions relating to expen-
ses. See A. G. 0. 058-2, issued Jan. 2, 1958; 056-131,
issued May 9, 1956.

The district was created by an act of the state leg-
islature (Ch. 25214, 1949). The district is com-
prised of numerous counties covering a large portion
of the state (Section 2, Ch. 25214, supra). The
members of the board of the district are appointed
by the governor and confirmed by the state senate


~ _





r65-7





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( Section 378.13(3). F. S.). The district
derives its taxing power from state legisla-
tive enactments (Section 3, Ch. 25214, 1949;
Sections 378.20 and 378.29, F. S.). The dis-
trict's accounts are subject to audit by the
state auditor (Section 378.43,F. S.). The
legislative appropriation for Florida flood
control districts for the biennium period
1959-1961 was $3,250,000 (Ch. 282, F. S.).
The supreme court of Florida in Forbes Pioneer
Boat Line v. Bd. of Commissioners of Everglades
Drainage District, 82 So. 346, held that the
board of commissioners of the Everglades drain-
age district was a public quasi corporation and
as such, a governmental agency of the state.
The character and nature of that district was
substantially the same as this flood control
district.

STherefore, it seems that the executive director
and employees of the district are state employ-
ees within the purview of Section 112.06(1),
supra, and as such are governed by the provi-
sions of that statute pertaining to subsistence
and travel expenses."

In Opinion 062-015 handed down on January 24, 1962, the Attorney
General observed: "Said Chapter 61-691, like Chapter 25270 creat-
ing and establishing the Central and Southern Florida flood control
district, was designed to operate and function under Chapter 378,
F. S. and for a like and similar purpose." It therefore appears
that the Southwest Florida Water Management District is bound by
the provisions of F. S. Section 112.091 relating to per diem and
travel expenses of public officers, employees and authorized
persons. F. S. Section 112.061(2) provides:

"For purposes of this section the following words
shall have the meaning indicated:


(e) .Authorized Person -
1. A person other than a public officer
or employee as defined herein, whether
elected or commissioned or not, who is
authorized by an agency head to incur
travel expenses in the performance of










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his official duties, or

2. A person who is called upon by an agency
to contribute time and services as consultant
or advisor, or

3. A person who is a candidate for an exec-
utive or professional position."

In F. S. Section 112.061(3) it is provided:

"(c) Travel by public officers or employees serving
temporarily in behalf of another agency or partly
in behalfcf more than one agency at the same time,
or authorized persons who are called upon to con-
tribute time and services as consultants or advis-
ors, may be authorized by the agency head. Complete
explanation and justification must be shown on the
travel expense voucher or attached thereto."

Therefore, it seems that consultants or advisors retained by the
Southwest Florida Water Management District are within thepurview
of F. S. Section 112.061 relating to per diem and travelling ex-
penses of public officers, employees and authorized persons.


EBM/k




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