Title: Opinion File 67-54 thru 67-60
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Permanent Link: http://ufdc.ufl.edu/WL00003265/00001
 Material Information
Title: Opinion File 67-54 thru 67-60
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 67-54 thru 67-60
General Note: Box 14, Folder 2 ( Opinion File 1961-1971 - 1961-1971 ), Item 53
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00003265
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

67-9
G. E. DAL,-.J-., Executive Director

CENTRAL AND SOUTHERN FLORIDA


GOVERNING BOARD


P. O. BOX 1671
WEST PALM BEACH, FLORIDA 33402


ROLSTRIC
DISTRICT


ROBERT W. PADRICK, FORT PIERCE
Chairman
R. L. SEARLE, C9RAL GABLES
Vie* Chairman
T. R. TOMLIUSON, MEL.BOURNE
C. A. THOMAS, LAKE HARBOR
ROBERT P. BLAKELEY, PLANTATION


IN REPLY REFER TO, 4-FCD-20 October




Myron G. Gibbons, Esquire
P. 0. Box 1363
Tampa, Florida ... -. .. .

Dear Myron:

I read the enclosed opinion to mean that the only time we have to use
the Purchasing Commission is when we are purchasing with General Revenue
Funds. In other words any purchases made with District funds do not have
to go through the Purchasing Commission. I am informed the Governor's
office takes the same view of the opinion.

If you or your people have any other thoughts or disagree with our inter-
s pretation of the opinion, please let me know.



Ver t uly yours,



Robe t Grafton
District Counsel


RG: sr
Enc .






S,,- ARL FAIRCLOTH'
ATTORNEY GENERAL
S L STATE OF FLORIDA

September 26, 1967

THE CAPITOL
REFERENCE: LCD TALLAHASSEE. FLORIDA
32304





Honorable Claude R. Kirk, Jr.
Governor
The Capitol
Tallahassee, Florida 32304

Attention: Honorable Gerald Mager
Legal Counsel to the Governor

Re: Canal Authorities, Flood Control
Districts, Navigation Districts
and Fire Control Districts as
"agencies" within F.S. 287.011 (1).

Gentlemen:

This is in response to your request for an advisory
Opinion as to whether districts such as canal authori-
ties, flood control districts, navigation districts
and fire control districts having authority to issue
bonds and levy and collect taxes and whose "members"
are appointed by the Governor are deemed to be "agencies"
within the meaning of Section 287.111 (1) (sic), Florida
Statutes.

Florida Statutes 287.111 (1) merely repealed the then
existing laws relating to purchase of commodities by
state agencies, including former sections 287.01 -
287.10 of former Chapter 287, Florida Statutes, and
does not purport to define the term "state agencies",
as employed in Chapter 287, Florida Statutes, relating
to the State Purchasing Commission.

The word "agencies" is defined for the purposes of'
Chapter 287, Florida Statutes, in Florida Statutes
287.011 (1), as meaning and including "all the various
state agencies, officers, departments, boards, commissions
and institutions."



Xerox: Legal
.. Haygood


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Honorable Claude R. Kirk, Jr.
I Page Two


The status of any particular authority or district of
the kind mentioned in your inquiry as an agency of the
state generally would seem to depend upon whether such
authority or district is created for and serves a
state purpose and exercises the authority conferred
upon such entity by law for the state, or is created
for public purposes only, connected with the adminis-
tration of government. Is it representative of the
state in the performance of public functions? If not,
then it would not be an agency of the state. Likewise,
if the particular authority or district is created and
designed for the benefit of a limited area or of the
residents of a-limited area, then it would not be an
agency of the state. Unless the particular authority
or district is in fact an agency of the state, it would
not be within the purview of Chapter 287, Florida
Statutes, and would not be subject to the supervision
of the State Purchasing Commission or to its rules and
regulations.

This office has previously ruled that The Canal
Authority of the-State of Florida, a body corporate,
| is an agency of the state in Attorney General's Opinion
062-160, a copy of which is enclosed, and as such
within the purview and operation of Florida Statutes
112.061. Being then an agency of the state, it would
seem that the Florida Canal Authority would be within
the purview of Chapter 287, Florida Statutes, as well
as Chapter 273, relating to state-owned tangible personal
property.

The navigation district created and provided for under
Sections 374.301 through 374.521, Florida Statutes, is
by the express terms of the statute, designated a
special taxing district consisting of the counties of
Duval, Clay, Putnam, Marion, Levy and Citrus. Ordinarily,
special taxing districts are not deemed to be agencies
of the state or of a county or counties.

The navigation districts for which provision is made
under Sections 374.75 through 374.95, Florida Statutes,
are by the terms of the statute, established as special
taxing districts, and such districts generally are not
deemed to be agencies of the state. However, to the


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Honorable Claude R. Kirk, Jr.
Page Three


extent that such district. receive and use state funds,
they may be said to be agencies of the state and in
the expenditure of state funds such districts could
become subject to regulations governing other state
agencies' expenditures where purchasing is involved.
See Attorney General's Opinion 054-55, March 3, 1954,
a copy of which is enclosed.

The Florida Inland Navigation District created and
existing under the provisions of Chapter 14723, Laws
of 1931, and subsequent amendments thereof; and the
West Coast Inland Navigation District, created by
Chapter 23770, Laws of 1947, and recreated and reincor-
porated by Chapter 61-1590, Florida Statutes; are special
taxing districts, and do not appear to be agencies of the
state.

The Central and Southern Florida Flood Control District,
created by Chapter 25214, 1949, (Chapter 25270, 1949,
being an identical and companion act), and the Southwest
Florida Water Management District, created by Chapters
61-691 and 63-659, are created as public corporations
and appear to be set up as state agencies in connection
with the cooperative flood control and allied projects
carried on by and between the United States and the
state, and each of such districts is placed under and
governed by Chapter 378, Florida Statutes, regulating
flood control districts and their operations in Florida.
Public corporations are those which are instruments of
the public interest, and if public are created for public
purposes only and are connected with the administration
of the government. The Florida court has held the
Everglades Drainage District and its governing board
to be a public quasi corporation, and, as such, a
governmental agency of the state for certain definite
purposes, having such authority only as is delegated to
it by law, and has otherwise referred to such district
as an agency of the state. See Forbes Pioneer Boat Line
v. Board of Commissioners of Everglades Drainage District,
82 So. 346; Board of Commissioners v. Forbes Pioneer Boat
Line, 86 So. 199; Arundel Corporation v. Griffin, 103 So.
422; Martin v. Dade Muck Land Co., 116 So. 449. There
seems to be little, if any, distinction between the
Central and Southern Florida Flood Control District and











Honorable Claude R. Kirk, Jr.
Page Four


the Southwest Florida Water Management Control District
and the Everglades Drainage District involved in cited
cases, nor between the statutory powers and functions
exercised and performed by the governing boards of the
respective districts. The state is authorized to co-
operate with any such district, Florida Statutes 378.02;
an account in the general revenue fund of the state has
been created for the purpose of providing assistance to
flood control and water management districts, Florida
Statutes 378.03; and upon the approval of the Board of
Conservation of the state, state funds are available to
such districts in such amounts as may be required to
cover the costs allocated to the districts for constructing
the works of the districts, for the acquisition of lands
for water storage areas, for highway bridge construction,
and for administration and promotion, Florida Statutes
378.04.

The Southwest Florida Water Management District has been
held by this office to be a public agency within the
state and county officers and employees retirement system,
Attorney General's Opinion 062-15. The executive director
and employees of the Central and Southern Florida Flood
Control District have been held to be state employees
within the purview of Florida Statutes 112.061 (1) and
as such governed by the provisions of that statute per-
taining to subsistence and travel expenses, Attorney
General's Opinion 060-114. In Attorney General's Opinion
065-72 this office observed that both of these districts
were set up as state agencies, and held that title to
lands acquired with funds appropriated by the state should
be taken in the name of the applicable district. However,
districts of the nature and character of flood control
districts, particularly those created and established in
connection with cooperative state and local projects, may
serve a dual state and local purpose. Such districts may.
be an agency of the state for some purposes, at least to
the extent that such agency expends or uses state funds,
but for other purposes may be mere special taxing districts
or public quasi corporations or in the nature of quasi
municipal corporations. In Blair v. Central and Southern
Florida Flood Control District (Fla. 1962), 144 So. 2d
818, the Florida Court held that the purposes for which












SHonorable Claude R. Kirk, Jr.
Page Five


the levy of an annual ad valorem tax uniformly throughout
the flood control district is authorized are by nature
district or local as opposed to state, but refrained
from any further debate upon the affirmative definition
of state purposes in this area of potential constitutional
transgression. The Court did observe that the question
"may be decided upon the same reasoning which sustains the
creation of the district in the first instance, i. e.
a determination that the constituent area is differentiated
from that excluded, or from the state at large, with
respect to benefits resulting from operations under the
act." Insofar as the use of state funds by flood control
districts is concerned, the rationale of Attorney General's
Opinion 054-55, supra, would seem applicable to flood con-
trol districts where purchasing is involved.

Fire Control Districts, such as the Everglades Fire Control
District, created by Chapter 379, Florida Statutes, whose
operations are funded by biennial appropriations by the
legislature, would appear to be agencies of the state and
as such within the purview of Chapter 287, Florida Statutes.

Fire Control Units, such as are provided for under the pro-
visions of Sections 125.23 to 125.30, Florida Statutes,
are by the statute declared to be county purposes, and
generally would be deemed to be agencies of the several
counties. However, under Florida Statutes 125.27 the State
Board of Forestry may cooperate with the counties in the
establishment and maintenance of such county fire control
units and supplement the funds appropriated by the counties
with funds accruing to the Board of Forestry, to be used
in the establishment and maintenance of such county fire
control units. This office has previously held that the
use of state money for forest protection is for a state
purpose, and that the rendering of assistance to a county
or cooperating with a county in protecting its forests
would seem to be both a state and a county purpose, see
Attorney General's Opinion 043-129, p. 456, 1943-1944
Biennial Report of the Attorney General. To the extent
that any such fire control unit should receive and use
state funds it might be said to be an agency of the state
and subject to the provisions of Chapter 287, Florida
Statutes, see Attorney General's Opinion 054-55, supra.





^ 7-60




Honorable Claude R. Kirk, Jr.
Page Six


Forest Protection Districts organized and established
by the Florida Board of Forestry under Sections 590.01
and 590.04, Florida Statutes, operate under the direction
and control of the Board of Forestry, an agency of the.
state, and would not appear to be within the bounds of
your inquiry.

Special taxing districts, such as mosquito control dis-
tricts, hospital districts and drainage districts
generally are deemed to be entities separate and indepen-
dent of the several counties and of the state, and are
neither agencies of the state nor of the several counties,
ordinarily being created and designed for the benefit of
local areas or of the residents of limited areas.

These observations answer your inquiry as well as may be
here answered, in the absence of any specific facts and
circumstances on which to predicate an interpretation of
the purchasing regulations.

Sincerely,




Earl Faircloth
Attorney. General
EF/jn
Enclosures


















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