Title: Opinion File 75-55 thru 75-57
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Permanent Link: http://ufdc.ufl.edu/WL00003440/00001
 Material Information
Title: Opinion File 75-55 thru 75-57
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 75-55 thru 75-57
General Note: Box 14, Folder 4 ( Opinion File 1974 - 1975 - 1974-1975 ), Item 68
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003440
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


Southwest Florida
Water Manageament District
P. O. BOX 457 BROOKSVILLE, FLORIDA 33512

DERRILL McATEER, Chairman, Brooksville THOMAS VAN DER VEER, Secretary, Yankeetown RONALD B. LAME
J. R. GRAW, Vice Chairman, Ocala S. C. BEXLEY, JR., Land O'Lakes ROBERT MNfTNEZ,
JOE E. HILL, Treasurer, Leesburg N. BROOKS JOHNS, Lakeland n 1,
Don F ster, E
October 13, 1975 Jl,' 'l


RECE

OCT 14
Myron G. Gibbons, Esquire
Post Office Box 1363
Tampa, Florida 33601 By......... ..

Re: District Providing Accident, Death and Disability
Coverage on all Board Members /

Dear Myron:

As previously mentioned, the staff has been requested to investigate
providing the above referenced coverage on all Board members. Enclosed
is the Attorney General's Opinion No. 060-127, which would indicate the
above insurance could not be provided at District expense. This would
be substantiated by the provisions in Chapter 373.079(3), F.S.

The staff wishes and believes the Board Members are subject to liabilities
that are not covered by any insurance other than that provided at the
member's own expense. Accordingly, I would appreciate your and Buddy's
thoughts on this matter. Mr. Graw has requested an answer by the November
Governing Board meeting and will expect it.

Should you request anything further, please advise.

Very truly yours,


JAT. AHERN
Staff Attorney

JTA:1d

Enclosure
cc: Mr. Norman P. Stoker
L. M. Blain, Esquire w/encl.







6 //^~ ^southwest lri cia
Water Waniagerment District.
E S T. -) P. 0. BOX 457 BROOKSVILLE, FLORIDA 33512


D.,- DERRILL McATEER. Chairman. Hrooksvillc THOMAS VAN )DER VEFR. Sc.rct.ry. YIakcCto)wn RONALI) B. I.AM1ER1
JEM J. R. GRAW. Vice Chairman, (kala S. C. EXI.EY. JR., Land O'l.akcs ROIBRTI MARTINEZ.
JItXi I lf z..... fu~. reastrer ... eesnuIrlgC *L I,.*


October 14, 1975






L. M. Blain, Esquire
Post Office Box 1363
Tampa, Florida 33601

Re: Power Plant Siting Law
Chapter 403.501, etc.,


IN. BROOKS JOHNIIIS. LkIelan
Donald R. Feaster, Executive Dircctor


R.E- i 'e


Florida Statutes


Dear Buddy: L7/ Wl"

Under your letter dated September 26, 1975, you suggested a revision
to my memorandum dated September 23, 1975 to James A. Mann, on my
interpretation of the above referenced law. A subsequent memorandum
was prepared and is enclosed for your review. I had intended to
discuss this latest memorandum with you earlier, but was prevented
by more pressing matters.

I request you review and advise whether the memorandum can be sent
to Jim Mann.

Very truly yours,



JAY T. AHERN
Staff Attorney

JTA:ld


Enclosure


. Wa;uchula
I iTampa


JOE E. HILL, Treas g










September 26, 1975

MEMORANDUM

TO: JAMES A. MANN, DIRECTOR, REGULATORY DIVISION

FROM: JAY T. AHERN, STAFF ATTORNEY

RE: Power Plant Siting Law, Chapter 403.501, etc., F.S.

Your recent inquiry as to the effect on the District's permitting powers
has been investigated by the writer.

It appears from the statutory wording in Chapter 403.501 that there may
be a preemption of requiring any other permit than a certification under
Chapter 403.511, Florida Statutes. However, the statute is not clear'
and until a statutory clarification on the intent either from the
Legislature or the Courts, the District should maintain its position of
requiring a permit.

Also, the District should, as an additional protection, participate in
the Hearings before the Department of Environmental Regulation under
Chapter 403.501, F.S. This will provide an opportunity to have our
requirements incorporated into the certification to the power plants.
Then when the District has the opportunity to grant a permit, the provi-
sions in the certification as well as any other conditions can be
incorporated into the District's permit.

Until Chapter 403.511, Florida Statutes, has-'been litigated or the Legisla-
ture clarified through amendments, the District should maintain that a
permit is required under Chapter 373, F.S. I believe the maintenance of
this posture enables the District to enforce its statutory duty of protect-
ing the natural resources. Should the District be declared preempted over
power plant sites by the provision of Chapter 403.511, F.S., we can resort
to a contention that any power plant site which would depend on a "Work of
the District" would still require a permit because it affects the proprietary
interest. There is no doubt that the District's proprietary interests is
preserved and is not preempted through Chapter 403.511, F.S.


JTA:1d




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