Title: Opinion File 77-63 thru 77-65
CITATION THUMBNAILS ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00003492/00001
 Material Information
Title: Opinion File 77-63 thru 77-65
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 77-63 thru 77-65
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 45
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003492
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


77- 63


II


March 16, 1977


MEMO TO:


FROM:


RE:


MGG

KMG


Naming of Sawgrass LAke Park


Section 267.062(1) of the Florida Statutes provides:

"Except as specificalIy provided by law, no State
building, road, bridge, park, recreational complex,
or other similar facility shall be named for any
living person."

NOte that the statute specifically applies to State parks.
Since under Section 373.139, FS, the governing board of
the di trict is empowered to acquire land, and since I
assume) it holds land in its own name, it is my opinion
that the land so held by it is not subject to Section
267.062; therefore, the P&nallas/Anclote basin should
be able to legally name its park after a living person.


KEY WORDS:
7/'s c 4.gy -


i I










:1





'Ii


373.129 Maintenance of actions.-The '[de-
partment], the governing board of any water man-
agement district, or any local board is authorized to
commence and maintain proper and necessary ac-
tions and proceedings in any court of competent ju-
risdiction for any of the following purposes:
(1) To enforce rules, regulations and orders
adopted or issued pursuant to this law.
(2) To enjoin or abate violations of the provisions
of this law or rules, regulations and orders adopted
pursuant thereto.


age or supply, the governing boara is autnorized to
hold, control, and acquire by donation, lease, or pur-
chase any land, public or private.
(5) This section shall not limit the exercise of
similar powers delegated by statute to any state or
local governmental agency or other person.
History.-s. 26, part I. ch. 72-299; s. 1. ch. 72.318.

373.146 Publication of notices, process, pa.
pers, etc.-Whenever in this chapter the publica-
tion of any notice, process, or paper is required or
provided for, unless otherwise expressly provided,





1886


1 3 WATE(I SOURCES 373

nfodification, and revocation of permits, the order- (3) To protect and preserve theater resources
ng of'remedial work, or the enforcement of any pro- of the state.
vision of this chapter by the governing board under (4) To defend all actions and proceedings involve. ,
;. 373.119 shall be conducted in accordance with the ing its powers and duties pertaining to the water ?
provisions of chapter 120. resources of the state.
(2)(a) The governing board may require the pro- Hitory.-s. 16, ch. 57-380; s. 16, ch 63-336; as. 25, 35, ch. 69-106; 261, c
auction of books, papers, or other documents and 73-190.
issue subpoenas to compel the attendance and testi- chNote.-Brcketed word substituted by the editors for "division." See L
nony of witnesses. Note.-Former .. 373.221.
(b) If any person shall refuse to obey any subpoe-
ia as issued or shall refuse to testify or produce any 373.133 Judicial review.-Judicial review of
)ooks, papers, or other documents required by the all final orders and regulations adopted by the gov .
subpoena the governing board may petition the cir- earning board, of action taken by the governing board
:uit court of the county where such person is served on permit applications under s. 373.126, and ofdecla. '
with subpoena or where he resides to issue its rule rations of water shortage or emergency under part,
iisi to such person requiring him to obey the same II shall be in accordance with chapter 120 unless
unless such person shows sufficient cause for failing otherwise provided for.
;o obey said subpoena. The governing board shall History.-. 24. part I. ch. 72-299.
deposit with said court, when such subpoena is is-
sued in its behalf, the per diem and mileage allowa- 373.136 Enforcement of regulations and or.
)le to secure the attendance of such witnesses. ders.-
(3) Each witness who appears by order of the gov- (1) The governing board may enforce its regular.
-rning board shall receive for his attendance the tions and orders adopted pursuant to this chapter, by
same fees and mileage allowed by law to witnesses in suit for injunction or other appropriate action in the
:ivil cases, which shall be paid by the parties at courts of the state.
Hhose request the witness is subpoenaed. (2) Any action by a citizen of the state to seek
(4) The governing board is authorized to hold judicial enforcement of any of the provisions of this
conferencess for the purpose of consolidating applica- judicial enforcement of any of the provisions ofth
;ions for a hearing, selecting dates for a hearing sat- chapter shall be governed by the Florida Environ.
isfactory to the parties, exploring all feasible mental Protection Act, s. 403.412.
methods to eliminate surprise and delay, and short- Hitory.-. 25. part 1, ch. 72-299
ining the hearing, including arrangements for the 373.139 Acquisition of real property.-
parties to exchange written qualifications of profes- (1) The Legislature declares it to be necessary for
sional expert witnesses and maps, charts, engineer-
ing analyses and other items contemplated for the public health and welfare that water and water-
ing analyses and other items contemplated for
introduction as evidence in advance of the hearing related resources be conserved and protected. The
and to encourage stipulations among the parties di- acquisition of real property for this objective shall
erected toward the same or similar ends. constitute a public purpose for which public funds
(5) When a number of applications are pending may be expended.
an a water source having a common factual back- (2) The governing board of the district is empow.
ground, the governing board may consolidate such ered and authorized to acquire fee title to real prop-
applications for hearings and report the hearing by erty and easements therein by purchase, gift, devise,
a common transcript, lease, eminent domain, or otherwise for flood con-
(6) A hearing examiner who is competent by rea- trol, water storage, water management, and preser-
son of training or experience may preside over any vation of wetlands, streams and lakes, except that
proceeding under this section before the governing eminent domain powers may be used only for acquir-
board and exercise in its name any and all of the ing real property for flood control and water storage.
powers enumerated in this section, except that the (3) Lands acquired for the purposes enumerated
hearing examiner may only make recommended or- in subsection (2) may also be used for recreational
ders to the governing board, which orders shall in- purposes, and whenever practicable such lands shall
elude findings of fact. The governing board shall in be open to the general public for recreational uses.
each instance make the final determination of mat- (4) For the purpose of introducing water into, or
ters and enter the proper orders. drawing water from, the underlying aquifer for store.
History.-a. 23, part I. ch. 72-299. .. .


V'


3734

the publk
papers as
lation wil
and consi
Hlotory-4
Note.-Fr

373.141
actment i
the Centr
trict creaw
or the Sc
trict, crest
any conti
into prioi
districts
authorize
respective
shall limi
mending
changes
approprii
between
created b
tinue to e
chapters
contain(
such pow
by the de
that the
tion of r(
History.--

373.171
(1) In
the watej
public he
of the wai
inconsisti
and with
(a) Es
ing the u
bidding t
or wells,
modificat
or storage
(b) Re
area by i
water, or
board fin
cial.
(c) MI
essary fo
public an
(2) In
suing ord
with a vi
to water i
purpose (
(3) Nc
modificat
the distri
tion prop
water us<
(4) Nc
regulation
ment of a







-C'


67.0615 Historic Preservation Project Re-
I w Council; creation; members; membership;
wers and duties.-
1) There is hereby created within the Division of
chives, History, and Records Management the
Sstoric Preservation Project Review Council, which
all consist of the director of the Division of Recrea-
n and Parks of the Department of Natural Re-
rces; the executive director of the Board of
ustees of the Internal Improvement Trust Fund;
e chief of the Bureau of Land Planning of the Divi-
m of Planning of the Department of Administra-
n; and four members at large, appointed by the
cretary of State. In appointing members at large,
e secretary shall appoint persons qualified by
inning in either architecture, archaeology, or his-
ry and possessed of professional standing and prov-
Sinterest in historic preservation. Terms of the
embers at large shall be for 4 years commencing on
ly 1, 1973. Members at large may be reappointed.
e initial appointments of the members at large
all be for 1, 2, 3, and 4 years, respectively. A chair-
an shall be elected by the council's members. The
rector of the Division of Archives, History, and
records Management of the Department of State, or
s designee, shall serve without voting rights as
cretary of the council; and it shall be his responsi-
lity to provide staff assistance to the council. All
:tion taken by the council shall be by majority vote.
(2) It shall be the responsibility of the council to
aluate all proposals for capital outlay involving
ojects requiring financial assistance from the
te, relating to the preservation, restoration, re-
nstruction, or acquisition of any historical site,
d in making such evaluation shall apply as a mini-
um standard the following criteria:
(a) Benefit to the public.
(b) Historical significance.
(c) Site development plan.
(d) Economics.
(e) Maintenance.
(f) Need.
(g) Compatibility with the statewide historic
reservation plan.

o such capital outlay projects shall be eligible for
ate financial assistance until such time as a report
nd recommendation of the council has been filed
ith the Division of Archives, History, and Records
management and has received the affirmative rec-
mmendation of the Secretary of State.
(3) The council shall develop and recommend to
he Division of Archives, History, and Records Man-
igement appropriate rules and regulations relating
,o the performance of the duties and responsibilities
ifthe council as provided in this act. Upon thb adop-
ion of said rules and regulations by the Department
>f State, the same shall govern the activities of the
.ouncil. Said rules and regulations shall include, but
lot be limited to, rules and regulations relating to
he following:
(a) The preparation and submission of proposals
-elating to historic preservation, restoration, recon-
;truction, or acquisition and their evaluation by the
council .
(b) Contributions by federal, state, or local gov-


ernments and private sources, except that no mon
than 50 percent of the nonfederal funds for any oe s
capital outlay project shall be funded from state.
sources.
History.- 1. ch. 73-279.

267.062 Naming of state buildings and othl
facilities.-
(1) Except as spaei"lty provided by law, aM
ta building, ro. bridge, park, recreational cowu
, or other similar facility shall be named for any
living person.
(2) The Division of Archives, History, and
Records Management of the Department of State
shall, after consulting with appropriate citizen'
committees, recommend several persons whose co n
tributions to the state have been of such significance
that the division may recommend that state build-
ings and facilities be named for them.
History.-s. 1, 2. ch. 71-267.

267.071 Bureau of Historical Museums.- .
(1) It shall be the duty of the Bureau of Historical
Museums to:
(a) Promote and encourage throughout the state
knowledge and appreciation of Florida history by
encouraging the people of the state to engage in the
preservation and care of artifacts, museum items,
treasure trove, and other historical properties; the
display and interpretation of historical materials;
the marking and preservation of historical or ar
chaeological buildings and sites; the teaching of Flor-
ida history in the schools; the conduct and
presentation of historical celebrations and dramas
the publicizing of the state's history through media
of public information; and other activities in historic.
cal and allied fields.
(b) Encourage, promote, maintain, and operate
historical museums, including but not limited to mo
bile museums, junior museums and an historical
museum in the state capital.
(c) Organize and administer a junior historian
program in cooperation with the Department ofEdu-
cation and other agencies, organizations, historical
commissions and associations, corporations, and in-
dividuals, that may be concerned therein.
(2) The Division of Archives, History, and
Records Management may employ a chief of the Bu-
reau of Historical Museums. The chief shall posses
such qualifications as the division may prescribe but
shall be qualified by experience and training to ad.
minister the functions of the bureau and he shall'
serve at the pleasure of the division. It shall be the '
duty of the chief, under the general administration
of the director, to supervise, direct, and coordinate
the activities of the Bureau of Historical Museums.
History.-s. 7. ch. 67-50; as. 10, 35. ch. 69-106.

267.081 Bureau of Publications.-
(1) It shall be the duty of the Bureau of Publica- 1
tions to: '
(a) Promote and encourage the writing of Florida
history.
(b) Collect, edit, publish, and print pamphlets,
papers, manuscripts, documents, books, mono- '
graphs, and other materials relating to Florida histo
ry, archives, and records management. The Bureau
282 3


'.ORIDA ARCHIV ND HISTORY At( -


of Public
(rnwuchp
. nation of i
'Ic) Coc
(lblkati
tma, hist
Utoo1 and
hIiorical
12) Th,
rmu of P
qualifcat
be qualifil
t'r the fui
the please
chief. und
tor, to sup
of the bu,
n-,.-.
267.09
fcrred.-
(1) All
Chapter 2
w they n
records as
fvrred to l
this law.
02) All
in chapter
and Parki
insofar as
shall be t
tered pur
Hlory.--.

267.10
law, the
there ma
microfilm
forming c
suant to
further a'
ment this
its enactr
this chapi
destruction
or special
that such
public re<
Archives,
Department
ulations i
Hiltory.--

267.11
The Divis
agement
site of sij
represent
or aborig
mark." Ir
nate an
archaeolc
mark zor
shall be i
consent o
tion of ar




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