Title: Opinion File 76-55 thru 76-56
CITATION THUMBNAILS ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00003459/00001
 Material Information
Title: Opinion File 76-55 thru 76-56
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 76-55 thru 76-56
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 12
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003459
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



rl '


KEY WORDS: --,
D, ember 9, 1976 KEYWORDS:



R1: Basin Board Membership


Section 373.0693(2) provides that each basin board shall
b composed of not less than three members but shall
include one representative from each of the counties within
tie basin.

S action 5(4), Ch. 61-691, provides that watershed basins
wholly contained in one county shall have a board of
t ree members.

S action 5(3) provides that basins including all or a part of
t o counties only shall have a board of three members.

S action 5(2) provides that each watershed basin shall have
aboard composed of one representative from each of the
included counties.

Chapter 61-691 controls, in so far as it relates to SWFWMD,
Scept where specifically modified by act of the legislature,
Wen the Water Resources Act was originally enacted in 1972,
. contained a provision which was codified as Section 373.073(1) (a),
Sorida Statutes, which increased the length of terms of future
asin board members for SWFWMD from three to four years upon
epiration of current terms. It also stated: "the residency
r quirements prescribed in Ch. 61-691, Laws of Florida,
iall continue to apply to all subsequent appointments." This
vuld apply to both governing board and basin board members.

actionn 373.0693(3), Florida Statutes, which was enacted as
prt of Ch. 73-190, Laws of Florida, provides that basin board
imbers shall serve for three year terms. The general rule is
":at a later enacted statute controls where there is a direct
conflict between two laws, thus the three year term provision
w)uld be controlling.

Section 6 of Ch. 76-243, Laws of Florida, substantially amends
action 373.073 and strikes subparagraph (1)(a), entirely,
hereby deleting all reference to the four year term for SWFWMD
asin board members as well as the reference to residency
requirements prescribed in Ch. 61-691.

his then leavesthe following laws still on the books:

Section 373.0693(2) and (3), Florida Statutes
states that each basin board shall be composed
of not less than three members, but shall


I ~-






S76-56



include one representative from each of the
included counties in the basin and each mem-
ber shall serve for a period of three years
or until his successor is appointed.

Section 5(2), (3), (4) and (5), Ch. 61-691, Laws
of Florida
provides that basin boards shall be composed
of one representative from each of the
included counties, that basins which include
all or a part of two counties only shall have
a board of three members, and basins wholly
contained in one county shall have a board
of three members, and that the various board
members shall serve for periods of three years
or until their successors are appointed.

Section 373.0693(7), Florida Statutes
provides that the members of the Manasota
Basin of the Ridge and Lower Gulf Coast
District shall.become members of the
governing board of the Manasota Basin of
the Southwest District. Currently, there are
five members of this basin board. Therefore,
these five members would become members of
the basin board of the newly constituted
Manasota Basin when it becomes part of SWFWMD.
However, in the future, the basin board
membership of the Manasota Basin would be
limited by the provisions of Ch. 61-691,
resulting in a three member board after
attrition takes its toll.


LB/gw


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