r- C .w
rsiary 14, 1974
Mr. Donald reater
oeutba10t florida water
Mngm t RDisertot
P. 0. 90. e 4
aroofcville, Floridm 33512
Se S~tal FleMr~ .t Ptlae
Msedial It satire Plan
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
@oa Mr. Clint Ohniuta
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.
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
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.
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.