Title: Opinion File 77-125 thru 77-128
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00003505/00001
 Material Information
Title: Opinion File 77-125 thru 77-128
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Buddy Blain's Collections - Opinion File 77-125 thru 77-128
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 57
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003505
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


Room 338, Holland Building (904) 488-7864 77 125
Chairman Tallahassee, Florida 32302 Executive Director

February 15, 1977

Mr. L. M. Blain
Gibbons, Tucker, McEwen, Smith,
Cofer & Taub
Post Office Box 1363
Tampa, Florida 33601

RE: Request for Advisory Opinion (File 395)

Dear Mr. Blain:

By law, the Commission on Ethics is authorized only to issue an advisory
opinion to a public officer or employee who is in doubt about the appli-
cability of the Code of Ethics to himself in a particular context. Alter-
natively, the Commission may render an opinion concerning the application
of the Code to a public employee upon the request of a public officer or
employee who has the power to hire or terminate that employee. In addition,
Sin order that our advisory opinion be binding upon the conduct of the
officer or employee with regard to whom the opinion is sought, as contem-
plated by Florida Statute 112.322(3)(b) (Supp. 1976), we must know the
name of that officer or employee.

Since no provision of the Code of Ethics grants "standing" to request an
advisory opinion to a board unless the opinion relates to a particular
person within those restrictions outlined above, we would appreciate your
furnishing this office names and particular situations relative to the
questions posed in your letter of inquiry. As a matter of policy, the
Commission does not issue opinions based on hypothetical questions.

I apologize for the delay in handling your request and thank you for
your cooperation.


Philip C. Claypool
Research Assistant


John A. Grant, Jr.

DuBose Aus!ey Paul R. Brown, M.D.

Don L. Asher

Room 338, Holland Building

P.O. Box 6
Tallahassee, Florida 323(

(904) 488-7864
02 Executive Director

January 27, 1977

Mr. L. M. Blain
Attorney, Southwest Florida Water
Management District
Post Office Box 1363
Tampa, Florida 33601

RE: Request for advisory opinion dated
January 19, 1977 (File 395)

Dear Mr. Blain:

This will acknowledge receipt of the above-referenced request for an advisory
opinion from the Commission on Ethics. You may expect to receive a reply
within four to eight weeks.

During the 1975 legislative session the procedures prescribed for the disposi-
tion of advisory opinion requests were amended to provide that all opinions of
the Ethics Commission "shall be numbered, dated, and published without naming
the person making the request, unless such person consents to the use of his
name." Pursuant to this provision, we would appreciate your checking one of
the two alternatives below and returning this form to the Commission office so
that we may proceed accordingly with your opinion. Should you be requesting
the opinion on behalf of another person or persons, such consent or request
for anonymity will be construed to pertain to the use of that person's name as
well as your own.


Lawence A. Gonzale
Executive Director

I consent to the use of my name in any public
disclosure of the above-referenced opinion.

I wish to remain anonymous in relation to any
public disclosure of the above-referenced opinion.



Du Bose Ausley

Paul R. Brown, M.D.

John A. Grant, Jr.

Charlotte F. Hubbard Ed H. Price, Jr.



Don L. Asher

9/y *

James A. Sebesta

Lois Harrison

77 126

" 77 127

January 19, 1977

The Honorable Larry Gonzalez,
Executive Director
Commission on Ethics
Room 301, Holland Building
P. 0. Box 6
Tallahassee, Florida 32302

RE: Members of the Governing Boards of
Southwest Florida Water Management District (SWFWMD)

Dear Sir:

We represent SWFWMD and the members of the governing boards
of the district and of the respective basins, who have asked
( us to request advisory opinions to establish the standard of
duty under the following circumstances.

SWFWMD is a public corporation which was created pursuant to
Chapter 61-691, Laws of Florida, and to Chapter 373, Florida

Board members are appointed by the Governor, subject to the
confirmation of the Senate and must reside within the district,
within their respective basins and otherwise meet residency
requirements set forth in 5S373.073, 373.0693, 373.074, Florida
Statutes and Section 5 of Chapter 61-691, Laws of Florida.
Section 373.175, Florida Statutes, authorized the governing
board to declare that a water shortage exists within all or
part of the district when insufficient ground or surface
water is available to meet the needs of the users, etc. It
further authorized the board to impose restrictions on one
or more users of the water resources as may be necessary. In
the past this has included imposing bans on sprinkling lawns,
limitation on times that crops may be irrigated, etc.

SWFWMD has been properly authorized by the Department of
Natural Resources (now the Department of Environmental Regula-
tion) to implement a program for the issuance of permits
authorizing the consumptive use of particular quantities of
( water pursuant to Section 373.216. Accordingly, the district
has promulgated rules set forth in Chapter 16J, Florida Admin-
istrative Code requiring consumptive use of water permits within
most of the district for the withdrawal of water:

The Honorable Larry Gonzalez

2 77 128

(a) if the withdrawal during any single day is
to exceed 1,000,000 gallons

(b) if the average annual daily withdrawal is to
exceed 100,000 gallons average per day on an
annual basis.

(c) if the withdrawal is from a well having an
inside diameter of 6" or more.

(d) if the withdrawal equipment has a capacity
of more than 1,000,000 gallons per day.

What particular standard of dity does a board member have
insofar as it relates to his continued service on the governing

1. If he owns his
recommended by
shortage area?
the imposition

own home located within an area
staff to be declared a water
If the staff further recommends
of a lawn sprinkling ban for

2. If he owns a grove and is required by the rules
of SWFWMD to obtain a permit to continue irrigat-
ing his grove?

3. If he desires to establish improved pasture on
his ranch and must obtain a permit operating his
irrigation well?

4. If he desires to put in a home irrigation system,
including a shallow well, which requires a well
construction permit from SWFWMD?

5. If he owns a nursery which uses substantial
quantities of water for the plants which is
supplied from a well on his property for which
he is required to obtain a consumptive use permit?

6. If he owns a building which is cooled by an air
conditioning system which utilizes the withdrawal
of substantial quantities of water for cooling
purposes and hence requires a consumptive use permit?

L. M. Blain


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