May 13, 1975 4C-
MAY 16 1975
TO: DONALD R. FEASTER, EXECUTIVE DIRECTOR IE. "I V e
FROM: JAY T. AHERN, STAFF ATTORNEY -
RE: Legality Of Using Ad Valorem Taxes For Regulatory
Efforts, Water Use Planning, etc.
I have been asked to answer your inquiry on the above question listed
on the May 6, 1975 checklist.
My opinion is that the two existing districts carried forward in
existence in Chapter 373.149, Florida Statutes, are permitted to
use tax dollars for the purposes listed above. In this section
of the statute, the two districts (SWFWMD and CSFFCD) continue to
exercise the same powers as allowed under Chapters 378 and 373
including the taxing powers except as amended or revoked by the
Legislature or the Department of Natural Resources. Thus, the two
districts possessed the powers to undertake water use and regula-
tory powers under these two chapters which are now combined into
\ the new Chapter 373 known as The Water Resources Act of 1972. Also,
under the old Chapter 373 in Section 373.182, Florida Statutes, the
cost of regulatory powers were to be born by the monies collected
by the water management district's taxing powers.
You may also note that under the present Section 373.501, Florida
Statutes, the Department of Natural Resources may allocate from
legislature's appropriations monies to the districts for the costs
of the administrative, regulatory and other activities of the
districts. This would seem an additional source of funds to supple-
ment the ad valorem taxes for the purposes listed in your inquiry.
cc: Myron G. Gibbons, Esquire
/ 7 ,II