Title: Opinion File 75-17 thru 75-23
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Full Citation
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Permanent Link: http://ufdc.ufl.edu/WL00003423/00001
 Material Information
Title: Opinion File 75-17 thru 75-23
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 75-17 thru 75-23
General Note: Box 14, Folder 4 ( Opinion File 1974 - 1975 - 1974-1975 ), Item 51
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003423
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

"' 75-/7


MEMO


TO:
FROM:
RE:
DATE:


Une.yo~n~et5 CWWA60A
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MGG
RVW
SWFWMD 443.03(5) (o)
March 11, 1975


Attached is a copy of the most recent letter IV have
received from the Department of Commerce regarding the
District's responsibilities under the Florida Unemployment
Compensation Act. Also attached is a copy of my response
to said letter, which I have not yet mailed.

I have previously researched this question and reached
the opinion that the Department of Commerce is probably
correct; however, I know that it is our policy to resist
these matters when it seems appropriate. At this juncture,
however, I would think that we have reached the point where
either they give in or we give in or litigation en sues. In
that context, accordingly, do you feel my answer is still
appropriate at this time?



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STATE OF FLORIDA DEPARTMENT OF COMMERCE
Division of Employment Security :
Caldwell Building, Tallahassee 32304 ';

February 19, 1975 .





Gibbons, Tucker, McEwen, Smith,
Cofer & Taub
Attorneys and Counselors at Law
600 Madison Street, P. O. Box 1363
Tampa, Florida 33601

Attn: Robert V. Williams, Esquire

Re: Southwest Florida Water
Management District
S443.03(5)(o) F.S.A.

SGentlemen:

I reply to your letter of December 19, 1974
regarding the above matter.

I have studied carefully the authorities cited
in your letter in support of your contention that
the Southwest Florida Water Management District's
employees are not covered under the State Unemployment
Compensation Act. (Ch. 443 F.S.A.)

For the reasons set forth hereinafter and based
on what I feel is authority for them as set out
below,.I must decline to accept the contention of
non-liability, and adhere to the conclusion reached
previously that the District's employees are now
covered under the Act.

Opinion Atty. Gen. 72-210 holds that because
Central and South Flood Control District is a
district of limited jurisdiction and does not exercise
aspects of sovereignty statewide, it was not
contemplated as a state agency or political subdivision
and thus subject to the jurisdiction of the Division
of Communications in the Department of Natural
SResources over its communications in the set up of
a state communications system. The Attorney General










pointed out that the District's tax revenues could
rnot be applied to a state purpose, but only to the
"constituent area" as distinguished from the state
at large.

However, in the Attorney General's opinion it
was also pointed out that a flood control district
may also be considered a statutory subdivision of
the state for the special governmental purpose
which warranted its creation.

Thus, the Evergladges Drainage District was
created a public corporation by Ch. 6456, Laws of
Florida, 1913. However, it was asserted by the
Supreme Court of Florida in Martin v. Dade Muck
Land Company, 116 So. 449, 95 Fla. 530, (1928)
that this same drainage district

"is a statutory subdivision of
the state for special governmental
purposes. It embraces a special
portion of each of several counties
and the administration of its affairs
is wholly distinct from the government
of the several counties."

It is believed that it is the intent of the
Legislature to cover employment in government
(excluding Federal) generally in Florida under
the unemployment compensation act. Thus the
language adding paragraph (o) to 443.03(5) F.S.A.
by Chapter 74 198 Laws of Florida which paragraph
(o) reads as follows:

"The term 'employment' shall include
service performed after December 31, 1973
in the employ of any political subdivision
of this state or any instrumentality
thereof." (Emphasis supplied)

It is felt that Southwest Florida Water
Management District is a political subdivision of
the State as contemplated by the Act because although
its governmental function is limited as distinguished
from the State's all inclusive sovereignty it still
is a governmental entity with definite territorial
boundaries, presided over by a governing body with
the power of taxation, and created for a very definite
although limited governmental purpose. It is thus
believed that this District is both a geographical
and political subdivision of the State of Florida
and that its employees are covered under the State
Unemployment Compensation Act.





-.- U 15-2V


Very truly yours,


Alex D. Littlefield, Jr.
Assistant Counsel

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SSouthlvest Florida
:r Water MWanagemenzt District
9a P. O. BOX 457 BROOKSVILLE, FLORIDA 33512
196

DERRILL McATEER, Chairman, Brooksville THOMAS VAN der VEER, Secretary, Yankeetown S. C. BEXLEY, JR., Land 0
AGEBM ROBERT E. VAUGHN, Vice Chairman, Brandon JOHN A. ANDERSON, St. Petersburg JOE E. HILL, Leesburg
I D li A T~~t.:e d" at J OX P~nI TTTTT2 T .,z 1 T T Inttt T T T-TM Tab.|a


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md


Donald R. Feaster, Executive Director


February 17, 1975


Myron G. Gibbons, Esquire
Post Office Box 1363
Tampa, Florida 33601

Re: Unemployment Compensation Benefits
Chapter 74-189, Sec. 443.05 (5)(N) F.S.

Dear Myron:


Enclosed is a copy of memorandum from Clint Schultz to Norman
Stoker for your information. Clint indicates that Central and
Southern Florida Flood Control District feels the above law is
applicable to it and has filed the required forms.

You will recall that based on Robert V. Williams' opinion from
your office, the District has taken the position the law is not
applicable to us.

If you feel the District should do anything, please advise.

Very truly yours,



AY T AHERN
Staff Attorney

JTA:ld

enclosure


cc: Mr. Donald R. Feaster
Mr. Clint Schultz
Mr. Tom Mullin


. treasurer, ca a


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E MORAMDU
TO: "1 "7 /
FROM:
REF*
rwu:CCIcie~Ltr


SOUTHWEST FLORIDA
WA7) MANAGEMENT DISTRICT
POST OFFICE BOX 457. '75-2 3
8ROOKSVILLE, FLORIDA 33512
BROOKSVILLE 904,796-7211 TAMPA 813,229-2811


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