Title: Opinion File 77-129 thru 77-132
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Permanent Link: http://ufdc.ufl.edu/WL00003506/00001
 Material Information
Title: Opinion File 77-129 thru 77-132
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 77-129 thru 77-132
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 58
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003506
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


GmBONS, TUC&SR, McEWEN, SpH, COFER & TAUB 7
ATrOINEYS AND COUNSELL-,S AT LAW
600 MADISON STREET. P.O. BOX 1863
TAMPA. FLORIDA 33601
(813) 228.781
(~~~~ >/


February 4, 1977


.


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Fu44S ARiLS1*


M. 0. oRIDoxe, 18e62.10i
OGnUT OIBBONS. 1806.1070
JAMUS M. MCOWEn, 1908.1lo0
IM M. BLAIN PrHILIP R. XLAARA
JOSEPH B. OOFr0 DAVID B. MoEWar
TBOMASA CON JR. MALCO]LM P. MIZCKoLI, I
A. rLTCBIRR DTOBER B. BRADFORD MELERn
ATiaUR 8. OIBBONS WILLIAM R. PLATr
MYRON 0. OIBBON1 ARMIN. I. IrITE, JR.
ROB RT C. OIBBON9 RIrCHARD N. I8Tr
SAM M. OIBBONS TBHODORW C. TAUB
BRUCB S. GOLDBTRIN WK. RARL TUCKER
JOtN A. ou rror JR. JACQUILa B B. waATYUT
VICTORIA L. HURT /)OBERR. WILLIAMS


Ernst & Ernst,'CPA's
910 Flagship Bank Building
Tampa, Florida 33602

RE: Southwest Florida Water
District WRDA Funds

Gentlemen:


Mr. Donald R. Feaster, executive directTr, 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
similar purposes.

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
the following:

Item 439A of the General Appropriations Act of
1976 is identified as a "grants and aids" line
item for "aid to water management districts -
fixed capital outlay." There is a proviso
allocating the specific amounts to Southwest
and to South Florida. Ch. 76-285, Laws of
Florida. This is the second time in the past
six years that there has been a specific
allocation between the various major water
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 stall unaware of any disburse-
ments being made and received by SWFWMD exceeding
in the aggregate the total estimated amount


_ _





GIBBONS. TUCKER. McEWEN. SMI COFER & TAUB CONTINUING OUR LETTER OP
77-/ 2-4-77 uer No.
77I SHEE NO.
2

required to cover the cost allocated to the
specific items enumerated in Section 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
therewith.

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.

SIf you have further questions or comments on this matter
please feel free to contact us.

Sincerely,



L. M. Blain of
Gibbons, Tucker, McEwen,
Smith, Cofer & Taub
Attorneys for Southwest
Florida Water Management District

LMB/gw
b s r. D. I. Pearstf
Mr. Thmes T. Maull
W. Mya* G. Gibbens




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March 15, 1976 ^""" I. C1...... A 11"^ I I Ig...
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Ernst & Ernst, CPA's .......... n r.... ro.
910 Flagship Bank Building
Tampa, Florida 32602

RE: Southwest Florida Water Management District WRDA Funds

Gentlemen:

By letter to Mr. Blain of February 12, 1976 Mr. Donald R.
Feaster, executive director, Southwest Florida Water Manage-
ment District has asked that we provide you with our legal
opinion of the Southwest Florida Water Management 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 similar purposes.

It is our opinion that this is a proper procedure. Except
for one instance in 1973, funds have not been ear marked for
specific parcels, etc. within project works.

We have represented the district before the various legislative
and administrative committees in connection with the appro-
priations process for many years. Each year money has been
appropriated by the legislature to the Water Resources
Development Account from the general revenue fund pursuant
to Section 373.495, Florida Statutes (formerly Section 373.059,
F.S.)

Item 57 of the General Appropriations Act for 1971 provided
a lump sum from general revenue fund to the Water Resources
Development Account. A footnote states "Monies appropriated
herein are for acquisition of water storage lands and matching
funds for construction of works in the major water management
districts .. ." Ch. 71-357, Laws of Florida.

The lump sum amount was subsequently disbursed in varying amounts
to Southwest Flordia Water Management District and to the other
major water management district, Central & Southern Florida
Flood Control District.

Item 710 of the GCineral Appropriations Act of 1972 contained
usimiilar languag(j. with ;an addUd provi:s:i.on relating to con-:



rUCKI 1I. McL.Vi. (.Mkt. C Ililt & TAUi c r. a;
/ i ,COItIdUI 4 4 3-15-76

c/ N3T2O

S of highway bridges. Ch. 72-409, Laws of Florida.

Item 758 of the 1973 General Appropriations Act contained
a single lump sum amount with only one proviso relating to
a specific amount to be used by Southwest Florida Water
Management District for the acquisition of certain hunting,
fishing, timber and grazing rights. Ch. 73-335, Laws of
Florida. This is the only instance of specific limitation.

Item 851 of the 1974 General Appropriations Act contained
a single lump sum amount without other footnote. Ch. 74-301,
Laws of Florida.

Item 887 of the General Appropriations Act of 1975 is identified
as a "grants and aids" line item for "aid to water management
districts Fixed capital outlay." There is a proviso allocat-
ing the specific amounts to Southwest and Central & Southern.
Ch. 75-280, Laws of Florida. This is the only time in the
past five years that there has been a specific allocation
between the various major water management districts.

Section 373.498, Florida Statutes, provides that "sums of
money not exceeding in the aggregate the total estimated
amount required to cover the cost allocated to the district
for constructing the works of said district, for the acquisition
r of lands for water storage areas, for highway bridge construction,
and for administration and promotion." (emphasis added)

The money disbursed is from a lump sum allocation as a grant
in aid to cover certain costs specified in the statutes. I am
unaware of any disbursements being made and received by SWF.WMD
exceeding in the aggregate the total estimated amount required
to cover the cost allocated to the specific items enumerated
in the statute. From time to time, there have been adjustments
and refunds resulting from contract change orders, better than
anticipated jury verdicts, etc., and these sums should only be
used to cover subsequent costs for the same purposes.

If you have further questions or comments on .this matter, please
feel free to contact me.

Very truly your,/ '



Myro/ G. Gibbons of
Gib}jons, Tucker, MclEwon,
Sm.'th, Cofor & T'aub
Attorneys for Soutlhwor;t Florida
Water Managemcnt Di.istrict

LMI/gw
bc /V 'C,, ,l -oS /




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