Title: Opinion File 74-119 thru 74-121
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00003413/00001
 Material Information
Title: Opinion File 74-119 thru 74-121
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 74-119 thru 74-121
General Note: Box 14, Folder 4 ( Opinion File 1974 - 1975 - 1974-1975 ), Item 41
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003413
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


Gover n. -- ca 1
December 6, 1974
'MEMORANDUM

TO: DONALD R. FEASTER, EXECUTIVE DIRECTOR

FROM: JAY T. AHERN, STAFF ATTORNEY /

RE: HB 44 Centralization in Department of Administration
of Remote Sensing and Topographic Mapping

As you requested, I reviewed the above bill. It is similar to a bill by
the same sponsor who as of September 27, 1974 now proposes to have the
coordination of such work in the Department of Transportation. HB 44
proposed to place the coordination of remote sensing and topographic
mapping programs in a unit within the Division of State Planning of
the Department of Administration. The later proposed bill now places
the coordination duties in the Department of Transportation. Both
bills are aimed at applying to state and local governmental units. It
is thought the bill would apply to this District.

My opinion is that the District is not within its intent. The basis
for my opinion is Article III, Sections 1, 2 and 3 of the Florida
Constitution. This Article III speaks of local government and refers
to counties, municipalities and consolidation of one or more of them
( as falling within said definition. Also, I find in Article VII of the
State Constitution that there is a distinction made between local
government and special districts for tax purposes. It has been found
that a Water Management District is a special district for tax purposes
under Article XII, Section 15 of Florida Constitution. In addition to
the above, I find in Section 373.023 F.S. that a local government agency
is not the same as the water management district as it makes the local
government subordinate to the water management district powers.

Therefore, I find that the above statutory and constitutional distinctions
between local governments and special districts indicates to the writer
that each is a word of art and are not intended to mean the same. One,
in applying the definition of each to the proposed bill, would only reveal
that a special district is not mentioned therein and is not intended to
be included therein. In order to include the District, the bill would
have to refer its coverage to include entities falling outside the consti-
tutional definition of local governments and address itself to independent
special taxing districts.

JTA:1d 1

cc: L. M. Blain, Esquire (with copy of HB44)
*Cjmwep- BlNp (with copy of HB44)




AUH-VI"4J-T


Thur.-.da Lt: la.insizti i:;ota'lEraIuc.
P. 0. bCX 745
S.r a;s T7lut.haoale. Iruilde igsM
-- 32302 22s2t
Mas. KrC GaIOLy


HZUSE SILKL BSY 0_ o /eJ

2
3 A bill to be entitled

4 An act relating to remote sensing and topographic

5 -apping; transferring to the Department of

6 Administration powers, duties, functions, and
7 equipment of agencies currently involved in

8 remote sensing and topographic mapping; estab-

9 fishing a remote sensing and topographic mapping

13 unit within tha Division of State Planning of

11 the Department of Administration; establishing

12 a Remote Sensing and Topographic Mapping Councils

13 establishing bidding and purchasing procedures;

14 requiring the department to coordinate research

15 efforts; providing an effective date.
16

'17 Be It Enacted by the Legislature of the State of Florida:
15

19 Section 1. Legislative intent.--It is the legislative

20 inent to create a central agency for all state remote sensing

21 a.d aerial data collection functions except for the actual use

22 of the data. I; is further intended that the charges made by
2; j.:c cr.tral agency be established so that adequate funds will

24 be generated to enable the agency to acquire or produce all
25 necessaryy equ.p-ent and materials that are of the quality and
26C -..;.-tity nocessary -o meet the needs of the users.

27 J Section 2. All powers, datiea, functions, ard eqipncnu

23 t;f tna D.art=c:mts of Revenuc, :Natural Resources, Citrus, Agri-

29 culture and Consumer Services, Education, Pollution Control,

i3 :.'.J Tra..crtaion. and the zosrd of Trustces of the Intirznal
2- i::..;rcz;s.-t :r7s c T.-.f rclti.ng to tne pxc ctiou tlicasio.-.


1 storage, maintenance, reproduction,. and all otl..r fi.cti--

2 except actual use of materials resulting from remote c sir.a

3 and aerial data collection shall be transferred t. t.- L. .rt-

4 ment of Administration. As detcrnx::cd by the Zpartr..::t of

5 Administration, based on recommendations of the Remote Sensing

6 and Topographic Mapping Council, the departments from which

7 the transfers ara made shall retain only those powers, duties,

8 functions, and equipmo t necessary for the departments to per-

9 form efficiently the functions required of them by law.

10 Section 3. The Department of Administration shall or-

11 ganize, within the Division of State Planning, a remote sensing

12 and topographic mapping unit which shall be responsible for

13 the deliveryof adequate materials resulting from remote

14 sensing data to all state ad local governmental units, .d

15 advise such governmental units in thh design and implementation

16 of remote sensing and aerial topographic programs. Materials

17 shall be delivered to the governmental units at a cost which

18 reflects the reproduction cost of the materials plus an

19 estimated pro-rata cost of the acquisition and production
20 costs of the materials plus a charge for the capital and

21 operating costs of the department's remote sensing data
22 collection operation.

23 Section 4. Remote Sensing and Topographic Mapping
24 Council.--The governor shall apoint a Ren.ote Sensing and

25 ropographic Mapping Council which shall be composed of one
26 representative from the Departments of Agriculture and

27 !Consumer Services, ;ducat;in, Revenue, General Services,

28 ITranspcrtation, Natvral -.sourcas, Pollution Control, and
29 'Citrus, and t-e o"a c; r- o- f t:;e :ternal Imprcv=Or.t

33 iTrust Fund. There shall to a c.;airman of the council appointed
31
^cI

C">


i~lu---~--_lllrrc-__c~-__r~-L _Llc.




i ""'"'


by th governor from the mnatership of the council. Members

of the council shall have personal experience in the area of

re-ote sensing and topographic mapping. Such persons shall

detocrine local agency needs a-d priorities in the area of

rc:ote enr.sing and topographic mapping in order to provide

such -erviccs to local agency uw-rs to the maximum extent

possible. The council shall establish the priority system

controlling the use of the unit's equipment and resources.

Section 5. Prior to the purchase of any materials,

a:cncics shall submit, to the Department of Administration,

specifications, required delivery date, and an invitation to

bid. If the Department of Administration enters a bid lower

or equal to other bidders, the purchasing agency shall buy

fro. the Department of Administration. If the Department of

Administration does not enter the lowest bid, the agency may

?ur:hase the materials from the lowest bidder, but shall

transfer the materials purchased from the lowest bidder to

the Department of Administration for state use if such

ratcrials are capable of further reproduction. In such cases

t-= Dooart-ent of Administration shall establish preferential

;-:plicaticn rates for that agency to compensate it for the

csst of the materials. No state agency may enter into any

urcr.-se contract which prohibits the sale by the state of

c:piez of the procured materials to other governmental units

i. the state.

Section 6. The Department of Administration shall co-

.rdinatc efforts to perform research, to devise new uses for

existing equipment and to develop new methodologies and tech-

:.L-. i in a-p aticat and processing.


3


1

2,
3

4

5

6
7

8
9

10

11

12

13

14

15

16
17

18

19

20

21

22

23

24

25

26

27

28
29

30

31


Section 7. This act shall take elfcct for budqiut

purposes July 1, 1975 and for all other purposes January 1,

1976.

















































4


(-i




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs