southvv est Florida --S\
Water Management District
BROOKSVILLE, FLORIDA 33512
)" DFRRIILL. MATiEER, Chairman. Brooksvillc HERMAN IIEVILI.l., llushncll
GEM S. C. IIEXLEY, JR. Vice Chairman. Land 0' lakc J. R. GRAW, Ocala
JOHN A. ANDIRSON, Trcasurcr, St. Petcrburg JOE 1i. HILL, I.cchsurg
FFy 9F,974 9ii KEY WORDS:
February 18, 1974 t V i-,,
L. M. Blain, Esquire
c/o Gibbons, Tucker, McEwen, Smith, Cofer and Taub
P. 0. Box 1363
Tampa, Florida 33601
Reference: Fair Labor Standards Act
Dear Mr. Blain:
A question has arisen as to the applicability of the Federal Fair
Standards Act to the Southwest Florida Water Management District.
are concerned that District practices may be in violation of this
The State of Florida Personnel Rules and Regulations of the Career Service
System contains the provisions of this Act including payment of time and
one half for overtime. We presently pay only a straight hourly rate for
We would appreciate your opinion as to whether or not the District is
required to abide by this Act.
Very truly yours,
ROBERT W. BRINGS, Chief
Management Information Systems & Personnel Department
Division of Administration
cc: C. Schultz
P. O. BOX 457
N BROOKS JOHNS, Lakeland
THOMAS VAN dcr VI.ER, Yankeetown
ROBERT E. VAUGHN, Brandon
Donald R Feaster, Exccutive Director
0 -Fe L
SWiD p r Labor Stadrds Act
sw8rtWR Pair Labor Standards Act
Please note the attached letter from SWFMWD concerning the above.
I believe that you previously did some research on this subject,
and I would appreciate it if you would give me the answer to the
question raised in the attached letter.
7 .4-. A
TO: MYRON GIBBONS
FROM: LARRY E. CHRISTENSEN
RE: SWFWMD FAIR LABOR STANDARD ACT.
DATED: FEBRUARY 26, 1974
The District is not subject to the Fair Labor Standards Act.
The Fair Labor Standard Act of 1938 as ammened appears at
29 U.S.C. 201, et seq. The operative provisions of the Act are
section 6, which requires the payment of minimum wages and 7
which requires time and a half for overtime.
The requirements of these are imposed upon "employers."
Section 3 (d) gives the following definition of an "Employer"
under the act.
"Employer" includes any person acting directly or
indirectly in the interest of an employer in relation
to an employee but shall not include the United States
of America or any State or Political Subdivision of a
State, (except with respect to employees of a State or
political subdivision thereof, employed (1) in an in-
stitution, or school referred to in the last sentence
of "r" of this or (2) in the operation of a rail-
way or a carrier referred to in such sentence), or any
labor organization (other than when acting as an employer)
or anyone acting in the capacity of officer or agent
in such labor organization."
The only case I can find concerning a specialcdistrict holds that
such a governmental entity is exempt from the Fair Labor Standard
Act. The Puerto Rico Communication Authority was created for the
purpose of operating a telegraph and telephone system on the is-
land, and even though this activity might have been exercise by
a private concern, the Court held that the Authority was a
"policial subdivision," which is excluded from the coverage of the
7 4' -23
Act. Abad v. Puerto Rico Communications Authority, 88 F. Supp.
S34 (D.C. P.R. 1950).
The February 18, 1974, letter from Robert W. Brings, suggests
that the District is concerned that it might be governed by the
rules and regulations of the Career Service Systems. This is
probably not true. The provision that Mr. Brings is referring
to is rule 22A-2.14, which provides:
"If it becomes necessary for an agency head to require
an employee to work overtime due to an emergency situation
as defined in 22A-8.02 (D) and it is not possible to
grant compensatory leave in accordance with 22A-8.05,
the employee shall be paid for all compensatory leave pro-
vided in & 22A-8.06 (C). Such Payment shall be at the
rate of one and one half times the employee's regular
The above rule is promulgated under the general authority of
SChapter 110.022, which is applicable to a "state agency" or
"agency" This term is defined at F.S. 110.042 (1):
"State Agency" or "Agency" means an official, officer,
commission, board, authority, council, committee, or
department of the executive branch, or the judicial branch,
of state government as define in Chapter 216."
Chapter 216 does not shed any additional light on the question.
F.S. 216.011 (e) provides:
"State Agency" or "Agency" means any official, officer,
commission, board, authority, council, committee, or
department of the executive branch, or the judicial branch
as here and define of,,State Government.
No other provisions of Chapter 110 or Chapter 216 suggest that
SWFWMD is a State Agency and the enabling legislation for the
^ District suggests on the question of salaries and wages that
the District is autonomous and does not fall within the Juris-
diction of the Career Services Systems. F.S. 373.079 pro-
vides in relevant part:
"The governing Board of the District is authorized to
employ an executive director and such engineers, other
professional persons, other personnel, and assistants
as the board may deem necessary and under such terms and
conditions as it amy determine, and to terminate such
It therefore appears the District is not subject to the State
of Florida Personnel Rules and Regualations of the Career Service
System. If Mr. Brings has any further information we will be
well advised to obtain that information in order to make a final
decision on the question of applicability of the State Rules.