July 25, 1974 w- ; A\|M
TO: NORMAN P. STOKER, Special Projects Director
FROM: JAY T. AHERN, Staff Attorne~,
RE: Chapter 74-91, Laws of Florida Payment of Membership Dues
From State Funds
Your memorandum of July 24, 1974 requesting an opinion on the application of Chapter
74-91, Laws of Florida to the District is acknowledged.
The law requires approval by the State of Florida Department of Administration of
the use of state funds for organizational membership dues for state agencies, offi-
cers or employees after July 1, 1974, the effective date of the law. The question
of compliance by the District with the law depends on the classification of the
District as a state agency or a public corporation and the use of state funds for
the payment of the membership dues.
My investigation after discussion with Clint Schultz and Tom Mullin reveals the
District has not filed any information in the past similar to what is now being re-
quested. Thus, it is a new experience for the District. To say the District is not
S covered under the law Chapter 74-91 is incorrect. The new law speaks of a state
agency, bureau, commission or other component of state government. It is the last
class that covers the District because we are an entity of state government whether
it be a public corporation or a political subdivision. Thus, it would appear to the
writer that the District is within the intent of the law. However, the next issue
to be considered is whether the District uses state funds. The only reference to
state funds is in connection with moneys deposited in the state treasury in Section
18.101, 215.31 and 216.331. No where in Chapter 373 does it refer to state funds in
reference to the income to the districts.
Therefore, the District can only be required to comply with the new law if the funds
that it receives from Water Resource Account or from the General Appropriations
Fund are expended for the payment of membership dues.
cc: Myron G. Gibbons