t litiONs, TIUCK I;R, MCEwI.:N, SMITr, vJ:n & i'nT-
ATrJ%)1cV:YN A)U COUNN:l.6.O0H 1 LAW \
'.' u s. o. USISSri. ..rt...r,
"00 MAD)SONY U2OET. 1.O. BOX 1303 ** II.II...
STAMPA. FLORDA 33001. so,.
S.' EY WORDS: U-J 29
February 4, 1977
Ernst & Ernst, CPA's
910 Flagship Bank Building .,, ,. ..,o
Tampa, Florida 33602
RE: Southwest Florida Water Management
District WRDA Funds
Mr. Donald R. Feaster, executive director, Southwest
Florida Water Management District has asked that we
provide you with our legal opinion of the district's
authority to retain monies received from the State
of Florida Water Resources Development Account in
excess of the amounts needed to obtain a specific
parcel of land and complete relocations and construction
and, subsequently, to expend such excess monies for
-On March 15, 1976 our firm provided you, over Myron G.
Gibbons' signature a response to a similar request. I
enclose copy of that letter which may be relied upon as
a response to your current request but supplemented by
Item 439A of the General Appropriations Act of
1976 is identified as a "grants and aids" line
item for "aid to water management distr-icts -
fixed capital outlay." There is a provis r-' '
allocating the specific amounts to South est ..
and to South Florida. Ch. 76-285, Laws ov
Florida. This is the second time in the pastFC^ 9 v177
six years that there has been a specific
allocation between the various major watej .. .. .-''
management districts and the amount set forth'- ._...:--
for "Southwest" is intended for Southwest "-
Florida Water Management District.
As noted in the attached letter, the money
disbursed is for a lump sum allocation as a
grant in aid to cover certain costs specified
in the statute. I am still unaware of any disburse-
Sments being made and received by SWFWMD exceeding
l-i --- in the aggregate the total estimated amount'
.* w .... ..*,--, ..,L-* ,moo. m. LVrlR TAUBi dCONTINUIcG Oun LCTrrT of
ST 2-4-7.7 TV -'1H
S., SHELT NO.
Required to cover the cost allocated to the
specific items enumerated inSection 373.498,
Florida Statutes. I am aware that from time
to time, there have been adjustments and refunds
resulting from contract change orders, better
than anticipated jury verdicts, etc., and it has
been and continues to be our opinion that these
sums should only be used to cover subsequent
costs for the same purposes. These purposes
include acquisition of property within certain
named flood detention or water storage areas
together with construction of works within the
Four River Basins, Florida project and for
highway bridge construction in connection
Funds have not been specifically earmarked by
the legislature for particular parcels of land
within any of these certain areas,and the letters
of intent filed by the respective legislative
appropriations committees have acknowledged that
the water management districts should have
flexibility within the requested projects.
If you have further questions or comments oh this matter
Please feel free to contact us.
L. M. Blain of
Gibbons, Tucker, McEwen,"
Smith, Cofer & Taub
Attorneys for Southwest
Florida Water Management District
bcc: M1r. D. R. Feaster
*&-ir. Thomas T. .lullin
Mr. Myron G. Gibbons
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