Title: Opinion File 73-144 thru 73-145
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Permanent Link: http://ufdc.ufl.edu/WL00003372/00001
 Material Information
Title: Opinion File 73-144 thru 73-145
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 73-144 thru 73-145
General Note: Box 14, Folder 3 ( Opinions 1972 - 1973 - 1972 - 1973 ), Item 57
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003372
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











November 28, 1973




Division of Administration
Southwest Florida Water Management District
Post Office Box 457
Brooksville, Florida 33512

Dear Mr. Schultz

You have requested our opinion as ts whether South-
west Florida Water Management District rt advertise for
bids on the District's group health and life insurance
policy. Presently, Florida law regulated only state
", agencies on the question of competitive ids (Chapter 287,
Florida Statutes). State agencies underChapter 287 are
defined as follows

(1) "Agency" means any of tk various
state officers, departments, boards,
commissions, divisions, bureau,
councils, and any other unit of
organization however designed.

The clear import of the above defintion is that
Chapter 287 applies only to units of organization within
the state governmental structure, as opposed to local or
sectional public entities. This intent f demonstrated
further by Florida Statutes S287.042 (2 which provides
in part:

Purchase by any county, munfipality,
or other local public agenqcunder ..
the provisions in the stateourchasing
contracts shall be exempt fam the
competitive uid requirements other-
wise applying to their purdcses.




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Nrov.ez:


Clint Schultz, Director



Moreover, the regulations applicable to Chapter 287,
provide the following definitions


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13A-1.01 (5) Agency Head -
An agency head within the meaning
of Chapter 287, Part I, Florida
Statutes, 1969, is defined as a
Departmental Director, Division,
Director, or president of a uni-
versity, whichever is applicable.

This definition logically indicates that the term "agency"
as construed by the Division of Purchasing of the Department
of General Services, means a "division" or "department" of
state government and not local or sectional public or quasi-
public bodies.

Accordingly, in our opinion the District is not an
"agency" as defined by Chapter 287, Florid Statutes, and
therefore, the regulatory provision as to the purchase of
health insurance under the Chapter are not applicable to
the District. Thus, based on the above, it is our opinion
that advertisement for bids on the Districts health
insurance plan is not required.

Sincerely,

GIBBONS, TUC=R, MCEWEN, SMITH,
COR & TAUB



Myron G. Gibbas,


MG/bh


1j5


27, 1973

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