Title: Opinion File 73-143
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Permanent Link: http://ufdc.ufl.edu/WL00003371/00001
 Material Information
Title: Opinion File 73-143
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Budddy Blain's Collectons - Opinion File 73-143
General Note: Box 14, Folder 3 ( Opinions 1972 - 1973 - 1972 - 1973 ), Item 56
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003371
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.

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MEMO ---peA

TO: MGG
DATE: November 28, 1973
FROM: JMF

RE: Southwest Florida Water Management District
Hillsborough River Basin No. 13-0001

Rob Williams has indicated to me that it is his belief that
the Southwest Florida Water Management District is a public cor-
poration, and not a division of the State. He bases this con-
clusion upon, among other things, the fact that the special Act
creating the District (Chapter 61-691, Section 8) empowers the
District to levy ad valorem taxes, whereas the State of Florida
is prohibited from doing this by Article 7, Section 1, of the
State Consitution. Further, the Water Management District op-
erates only in a specific area of the State, and deals with spe-
cified counties.

I do not know who it was that informed the District that they
were unable to prosecute those found upon their land, due to the
F fact that it was "State" land, for in the event that this defense
was raised, to a criminal prosecution for trespass, Section 821.19
Florida Statutes, clearly prohibits trespass upon State lands.

I was involved in a similar situation involving some pro-
perty owned by the City of Temple Terrace within the Municipal
limits, which was a vacant lot and was being used by members of
the public for motorcycle races, etc. What we did in that parti-
cular case was, pursuant to Section 821.011 Sub (a) and 821.04,
Florida Statutes, simply posted the specified "posted land" signs
at the required intervals along the property, secured several con-
victions for trespassing in the Municipal Court, and the problem
was at an end.

If there is actual wrong doing taking place on the property
involved, such as the dumping of trash that you refer to, then a
prosecution under Section 821.18, Florida Statutes, would be.ap-
propriate, and I am enclosing a United States Supreme Court de-
cision, (Adderley v. State of Florida) upholding the constitution-
allity of this Statute as applied to a demonstration conducted by
some Florida A & M students at the Leon County Jail.

I am also attaching a copy of Chapter 821 of the Florida
Statutes, trespass and injury to realty and similar offenses, and
in addition to the Sections heretofore referred to, there are
, several other Sections which would be applicable to this situation,
and most notable is Section 821.041 which specifies that the un-
authorized entry upon the land of another is primafacie evidence
of trespass.

If the District has received information from the prosecuting
authorities in this County or other counties that the prosecutions
would be barred for the reasons that the property involved is
"State" land, I think that a discussion with the prosecuting authority
involved would be in order to put an end to this sort of criminal
activity, and where appropriate, obtain convictions for same.


JMF


L




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