Title: Opinion File 78-75 thru 78-77
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Permanent Link: http://ufdc.ufl.edu/WL00003539/00001
 Material Information
Title: Opinion File 78-75 thru 78-77
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 78-75 thru 78-77
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 91
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003539
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

_- A i 178-75



SKEY WOPTR' 3:f -
aSm li *Myn Gibbonm san .
mls *"ai Blain KEY WOR :
bow6sr October 20, 1977
Sams aKSlnta so LGrf e Ziaaalurs -a
me" toa "EveapacUi --old

i ti a "ao Vt*A iteo writing wht we ruH in
*sa-Am 4a thb. quetlen of iMwwe soft .lielle iw I *tjlC
'a fip UWl br wjiUwbqr Aie to rra ft sor QX APna i th
VMtal qma bt. i afln Eu n lthe
bnp Ofr o tabmens e Iw tesiJoAn to ful., Flnorida
( 379), -ffwttvt% maSwy 1, S7, wttsk
pRnr hM s a.pnlttin bidatg raigutxe-
e. group intriamR polatesl.
4siw ties yu wrote your v8ener As, f974 ttr to Clint


u sanm, am"" 0"y to a&9 as* 0"m
Poll. ac i n gl a ^ r a287, -



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a-- r 7 -76









November 28, 1973



Clint Schultz, Director
Division of Administration
Southwest Florida Water Management District
Post Office Box 457
Brooksville, Florida 33512

Dear Mr. Schultza

You have requested our opinion as to whether South-
west Florida Water Management District must advertise for
bids on the District's group health and life insurance
policy. Presently, Florida law regulates only state
agencies on the question of competitive bids (Chapter 287,
SFlorida Statutes). State agencies under Chapter 287 are
defined as follows

(1) "Agency" means any of the various
state officers, departments, boards,
commissions, divisions, bureaus,
councils, and any other unit of
organization however designated.

The clear import of the above definition is that
Chapter 287 applies only to units of organization within
the state governmental structure, as opposed to local or
sectional public entities. This intent is demonstrated
further by Florida Statutes S287.042 (2) which provides
in parts

Purchase by any county, municipality,
or other local public agency under
the provisions in the state purchasing
contracts shall be exempt from the
competitive uid requirements other-
wise applying to their purchases.


-L -~-C~~~-P~~ICTVI~FCC;~a;;; .~I----~-L7-~~Ip~ ~7J~-~--C--~ C~-~





7 8- 77

S November 27, 1973

Clint Schultz, Director 2



Moreover, the regulations applicable to Chapter 287,
provide the following definitions

13A-1.01 (5) Agency Head -
An agency head within the meaning
of Chapter 287, Part I, Florida
Statutes, 1969, is defined as a
Departmental Director, Division,
Director, or president of a uni-
versity, whichever is applicable.

This definition logically indicates that the term "agency"
as construed by the Division of purchasing of the Department
of General Services, means a "division" or "department" of
state government and not local or sectional public or quasi-
public bodies.
Accordingly, in our opinion the District is not an
"agency" as defined by Chapter 287, Florida Statutes, and
therefore, the regulatory provision as to the purchase of
Health insurance under the Chapter are not applicable to
the District. Thus, based on the above, it is our opinion
that advertisement for bids on the District's health
insurance plan is not required.

Sincerely,

GIBBONS, TUCKER, MCEWEN, SMITH,
COVER & TAUB



Myron G. Gibbons,

MG/bh


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