Title: Opinion File 73-136 thru 73-138
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Permanent Link: http://ufdc.ufl.edu/WL00003368/00001
 Material Information
Title: Opinion File 73-136 thru 73-138
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 73-136 thru 73-138
General Note: Box 14, Folder 3 ( Opinions 1972 - 1973 - 1972 - 1973 ), Item 53
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003368
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


(o s, fiCER, McEwEN, SMIrr, COFER & TAUB
STORNeTS AD COUNSELOR AT LAW 5a Jnfd T
6 MADISON STREET, P. O. BOX 1868
u. e. oaaowm. aea-i8*
TAMPA. FLORIDA 83601 omrT oIaBON., ase4VoI
(818) 228.7841 &mam M. 3 MAI JAUs M. MorCwr
.AUtT 3. OR1UT3WrE 2. BA3DroanarB M.I
0OPc D. OO1 Wn.IJlY M MLITT
NOV mber 6, 1973 ,. ].0 KI 0 U a Lra. a .
A.M7U fl. GIBBOWS MONHAD N. 3S3T'1
mlKOr N. oGBOW TIEODORW 0. TAM
Sa M. oGIBBOW WMa. AR3rW TUOE31
JIOT A. BUTTON, MW. JACQU L R B3. WN ATL.
PEUP t. .LAKSAA tOUR=T V. WIUIJAMS



To: Pinellas-Anclote Basin Board of the a.n*sm .o,
Southwest Florida Water Management District

G ;lemen:

t he last meeting of the Pinellas-Anclote Basin Board, it
wa requested that I research the law and give a legal opinion
n ihe following question:

Do3 the Pinellas-Anclote Basin Board of the Southwest Florida
Wa ar Management District have authority under the law to employ
a her attorney to represent it in appealing or assisting Pinellas
C ty in appealing the Board of Governors' Order of September 12,
9 3? It is my opinion that the answer to this question is in the
e tive.

i t of all, any Basin Board of the Southwest Florida Water
a gement District is authorized to employ an attorney, provided
t Ls in connection with a purpose specifically set forth in the
Sa of Florida which created the Southwest Florida Water Manage-
e District and its Basin Boards. However, the Order of September
2 1973 was issued by the Board of Governors of the Southwest
1 ida Water Management District sitting as a Regulatory Board,
the Basin Boards of the District do not have authority delegated
o them by the Legislature of the State of Florida for regulatory
a ters.

h law upon which I base the above opinion is as follows:

"The law appears to be well settled that as a general rule
the powers to employ counsel is not deemed incident to the
existence of an administrative Board or Commission and does
not exist unless it is expressly conferred or results by
necessary implication from the powers granted." Watson v.
Caldwell, 27 So. 2d 524, 528. (emphasis added).

"But it is well established that the power to employ
S counsel is implied if the authority is incident to, or
can be necessarily inferred from, the other designated
duties and powers." Watson v. Caldwell, 27 So. 2d 524,
S528.9.





TUCKER. McEWEN. SMITH. COFER & TAUB


' CONTINUING OUR LETTER OF


November 6. 1973
HE3T NO.
2




Pinellas-Anclote Basin Board



"Boards, Commissions and other public bodies have only
such power and authority as are expressly conferred by
law or as arise from necessary implication and any power
sought to be exercised must be found within the four
corners of the statute under which they proceed." 67 CJS
Officers S107.

SBasin Board authority is limited in both the Water Resources
Sof 1972 and Chapter 61-691, Laws of Florida, which is the
ginal act creating the Southwest Florida Water Management
trict, to the following:

"Duties of basin boards.--The various basin boards shall
be responsible for discharging the following described
functions in their respective basins:
(a) Preparation of engineering plans for development
of the water resources of the basin and conduct of public
hearings on such plans.
(b) Development and preparation of over-all basin
plan of secondary water control facilities for the guidance
of sub-drainage districts and private land owners in the
development of their respective systems of water control
which will be connected to the primary works of the basin
to complement the engineering plan of primary works for the
basin.
(c) Preparation of the annual budget for the basin
and submission of such budget to the governing board of the
district for inclusion in the district budget.
(d) Consideration and prior approval of final construc-
tion plans of the district for works to be constructed in
the basin."

"The power and authority to be exercised by boards or
commissions must be conferred by clear and unmistakable
language since a doubtful power does not exist." 67 CJS
Officers S107.

"An officer who acts outside the scope of his jurisdiction
and without authorization of law may thereby render himself
amenable to personal liability." 63 Am Jur 2d Public
Officers and Employees S291. (emphasis added).


.1 -





GI O 4MS TUCKER. McEWEN. SMITH. COFER & TAUB CONTINUING OUR LETTER OF
November 6 1973
*HET NNO.




To Pinellas-Anclote Basin Board



"Municipal corporations, historically have had greater
leeway in expenditures of public funds than have counties
but the term 'for municipal purpose' has never been viewed
as being without limitation.

"Special districts have been even more narrowly confined
since their creation is for an even more limited purpose."
City of Jacksonville v. Oldham, 150 So. 619.

"Where there is doubt as to the existence of authority, it
should not be assumed.

"In appropriate cases, a member of a board will be held
personally liable for money voted and paid out without
authority of the law where the act in question is equivalent
to a misappropriation of public funds so paid out." White
v. Crandon 156 So. 303. This was a case regarding the-legal-
ity as to payment of attorney fees.

Yours very tr 1
yours very tr


Myr G. ibbons

G:bl


I I I I I




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