Title: Opinion File 74-37 thru 74-39
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Permanent Link: http://ufdc.ufl.edu/WL00003382/00001
 Material Information
Title: Opinion File 74-37 thru 74-39
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 74-37 thru 74-39
General Note: Box 14, Folder 4 ( Opinion File 1974 - 1975 - 1974-1975 ), Item 10
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003382
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

71-31


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rsiary 14, 1974







Mr. Donald reater
ameahlyv. DiSretor
oeutba10t florida water
Mngm t RDisertot
P. 0. 90. e 4
aroofcville, Floridm 33512

Se S~tal FleMr~ .t Ptlae
Msedial It satire Plan


amse-ui.t Diarieat


Dear Don a

It is er opiaiLn that the Dstriat myr, in Its prooawe-,
pflri4e 9 4a Znoeterw Pary PM to e0 fo.er aot ta~tag
eAbr mala ta- slit leak e ever a yry pay pneioa.

flu Ilower iU to o.fias or ofl atta in veM tb yea erfwerl
asrte 1go aftr r we had re nhassuld the mItr.

LZ yeo have any questions, please l mle.
Yours very truly,


My.a i. Gibbe a


NMOrbl
@oa Mr. Clint Ohniuta


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MEMORANDUM


TO: Myron Gibbons

FROM: Rob Williams

RE: SWFWMD Medical Incentive Plan

DATE: January 10, 1974


FACTS AND QUESTION PRESENTED


SWFWMD has requested our opinion as to whether it

may give incentive pay to employees for not taking their

allocated sick leave days over a yearly pay period.


DISCUSSION


After reviewing the pertinent areas of legal

authority including case law, statutory law, administrative

regulations, and Attorney's General opinions, I can find no

prohibition of the type of incentive plan proposed by SWFWMD.

Moreover, Section 1 of 61-691, Florida Statutes,

provides in part:

Other than as here in provided
southwest Florida water management
district shall operate under and
be governed by the provisions of
Chapter 378, Florida Statutes,
as amended from time to time.

Referring to Chapter 378, Florida Statutes, said chapter

contains no express provision covering the instant question.

It does provide, however, in 378.45, as follows:

Discretionary Authority For further
effectuating the purposes of this
chapter, the governing board of the


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district shall have such discretionary
power and authority compatible with
the statute in connection with which
exercised as shall be necessary to
perform such duties and acts to decide
such matters and dispose of the same
as are not specifically defined in or
covered by statute.


CONCLUSION


In the absence of any express authority prohibiting

use of the proposed incentive plan, it is my opinion that the

above quoted statutory provisions grant the District sufficient

discretionary authority to adopt and implement a medical incentive

plan of the type proposed.


RVW




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