Title: Opinion File 76-53 thru 76-54
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Full Citation
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Permanent Link: http://ufdc.ufl.edu/WL00003458/00001
 Material Information
Title: Opinion File 76-53 thru 76-54
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 76-53 thru 76-54
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 11
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003458
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

76 53




Sne 29, 1976 'KEY WORDS: G0C



to: MGG
F*: LMB
i: Swearing in Transitional Members


action 4 of Senate Bill 1274, recently enacted by the
gislature, provides that the Governor shall designate
ce member of the Governing Board of the Ridge and Lower
lf Coast Water Management District who resides within
te Manasota Basin "to serve ex officio as a voting
mber of the Southwest Florida Water Management District,
object to all the rights, privileges, duties and
rsponsibilities of other board members, while continuing
) serve as a member of the Governing Board of the Ridge
d Lower Gulf Coast Water Management District. Such
signee shall serve in this dual capacity until December 31,
76, at which time his membership on the Governing Board
the Ridge and Lower Gulf Coast Water Management District
all terminate, but he shall continue to serve as a
mber of the Governing Board of the Southwest Florida
ter Management District until July, 1978. Such member
all be in addition to the nine regular governing board
rlmbers."

.Latimer H. Turner has been so designated.

ESTION:

1. Should Mr. Turner be sworn in before commencing
his duties as a member ex officio of SWFWMD
Governing Board?

2. If so, must he have qualified in any particular
way?

3. When he ceases to be a member of the Ridge and
Lower Gulf Coast Water Management District Board,
must he be sworn in again as a member of the
SWFWMD Governing Board?

n September 22, 1975, Mr. Turner was sworn in as a member
f the Ridge and Lower Gulf Coast Water Management District
governing Board. Section 373.079(1), F.S., provides that
ach member shall take an oath "that he will honestly,
aithfully and impartially perform the duties devolving upon
im in office as member of the Governing Board of the
District to which he was appointed and he will not neglect


__






S76-54



any of the duties imposed upon him by this chapter."

r. Turner will be serving as a voting member of SWFWMD
Governing Board as one of the duties which has devolved
pon him as a member of the Ridge and Lower Gulf Coast
later Management District Board by virtue of designation
by the Governor as the member from that board to serve
ex officio as a member of the SWFWMD Board.

Ex officio, literally interpreted means from office, or by
irtue of the office, or without any other warrant or
appointment than that resulting from the holding of a
particular office. Black's Law Dictionary. Accordingly,
t would appear unnecessary for Mr. Turner to retake and
resubscribe to an oath. However, there does not appear
to be any impediment against his doing so, either, and
in an abundance of caution, and to give greater formality,
which certainly could do no harm, I would recommend that
. new oath be administered to Mr. Turner at the commencement
of the first official function of SWFWMD which he attends.
'd suggest that the following oath be administered:

"Do you solemly swear that in addition to serving as
a member of the Ridge and Lower Gulf Coast Water
Management District, having been duly designated
by the Governor of the State of Florida to serve
ex officio as a voting member of the Southwest
Florida Water Management District, subject to all
the rights, privileges, duties and responsibilities
of other board members, while continuing to serve
as a member of the Governing Board of the Ridge
and Lower Gulf Coast Water Management District, that
you will honestly, faithfully and impartially
perform the duties devolving upon you in office
as a member of the Governing Board of the Southwest
Florida Water Management District and that you will
not neglect any of the duties imposed upon you by
the Water Resources Act set forth in Chapter 373,
Florida Statutes."




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