Title: Fla. Attorney General's Opinion #072-210
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00050585/00001
 Material Information
Title: Fla. Attorney General's Opinion #072-210
Alternate Title: Fla. Attorney General's Opinion #072-210 on the status of the Central and Southern Florida Flood Control District
Physical Description: 4p.
Language: English
Publication Date: July 3, 1972
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 1, Folder 3 ( BOUNDARY CHANGES - WATER MANAGEMENT DISTRICTS, vol. II ), Item 42
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050585
Volume ID: VID00001
Source Institution: 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


July 3, 1972

Honorable Chester F. Blakemore 072-210
Executive Director
Department of General Services
Larson Building
Tallahassee, Florida 32304

Re: Communications systems--jurisdiction of
Division of Communications, Central and
Southern Florida Flood Control District,
as an agency or political subdivision of
state government. Part III, Ch. 287,
F.S.; 287.25 and 287.26,F.S.; Ch. 378,
F.S.; 378.07, F.S.; and Chapters 25214
and 25270, Laws of Florida 1949.

Dear Mr. Blakemore:

You have requested my opinion on substantially the following

Is the Central and Southern Florida Flood
Control District a "state agency" or a
"political subdivision" within the meaning
of Section 287.26, Florida Statutes 1971,
which will subject the communications systems
of such district to the jurisdiction of the
Division of Communication as prescribed in
Part III of Chapter 287, Florida Statutes

As explained below, the district in question is neither an
"agency" nor a "political subdivision" of state government
which would subject its communications systems to the juris-
diction of the Division of Communications of the Department
of General Services as prescribed by Section 287.26, Florida
Statutes 1971.

Honorable Chester F. Blakemore 072-210
Page 2

Generally, an administrative agency or board is a creation
of the legislature or of the Florida Constitution. As such,
it is imbued with definite aspects of the state's sovereignty,
and its actions have the capability of affecting the entire
state. See 73 C.J.S., Public Administrative Bodies and
Procedure, 1, 6; 1 Fla. Jur., Administrative Law, 7.

The governmental entity considered herein is distinct since
its prescribed powers are definitely confine dsta_-cified
aaf-4efss th.s.ate-wide applca' t Central
Sand Southerl Florida Flood Control Dist 144 So.
F a. 1962) .Furter, in the Governmental Reorganization Act
of 1 l sting state agencies were consolidated and
reorganized within the executive branch; and flood control
districts established pursuant to Chapter 378, Florida
Statutes, were not treated in the same manner as other
agencies or organs of state government.

The Reorganization Act did affect flood control districts,
but only to the extent that the supervisory power over them
was transferred by a type four transfer from the State Board
of Conservation to the Department of Natural Resources. Sec-
tion 20.25(4), Florida Statutes 1971. A type four transfer
is the merging of a program from an existing agency (State
Board of Conservation) into a department (Natural Resources).

In the Bair case, supra, the court upheld a district's
taxation authority, reasoning that the tax revenues could not
be applied to a state purpose but only to "the constituent
area," as differentiated from "the state at large." There-
fore, although a district may not be a "state agency," it
should not be inferred that there is no relationship between
the state and a district. See Chapter 378, Florida Statutes.

A flood control district may be considered a public quasi
corporation created for a certain definite purpose, with only
such authority as may be delegated to it by law. See Forbes
Pioneer Boat Line v. Board of Com'rs, 82 So. 346, 350 (Fla.
1919). In the alternative, it may also be considered a
statutory subdivision of the state for the special governmental
purpose which warranted its creation. [Even though a district
might embrace portions of several counties, the administration
of its affairs is wholly distinct from the governments of the
several counties which are political subdivisions of the state.]

Honorable Chester F. Blakemore 072-210
Page 3

Martin v. Dade Muck Land Co., 116 So. 449, 464 (Fla. 1928),
and Forbes Pioneer Boat Line, supra.

The Central and Southern Florida Flood Control District was
created by the legislature as a "public corporation" (see
Chapters 25214 and 25270, Laws of Florida 1949), and, not-
withstanding the fact that certain appropriations from the
general revenue fund of the state may, from time to time, be
designated or available for use by the district, this utilization
of state funds must be construed in the light of a cooperative
venture between the District and the State of Florida. The
District derives its operating funds from two separate sources,
i.e., district ad valorem taxes and legislative appropriation.
See Attorney General's Opinions 067-10 and 067-11, found on
pages 16 through 20 of the 1967-68 Biennial Report of the
Attorney General, and Sections 378.04 and 378.05, Florida

In Attorney General's Opinion 054-55, 1953-54 Biennial
Report of the Attorney General, pages 364-365, we noted that
to the extent a mosquito control district or county uses
state funds, it is an agency of the state. But the distinction
that must be noted between these different types of agencies
is that a mosquito control district receives state moneys
on a basis of matching funds. See Sections 388.261 388.281,
Florida Statutes.

Therefore, since the Central and Southern Florida Flood Con-
trol District has been specifically designated as a "public
corporation," Chapter 25214, supra, and it generally appears
that state funds may be available for particular projects on
a limited basis to effect a cooperative effort of the District
and the State, see Section 378.04, Florida Statutes, it does
not appear that this district is an agency or political sub-
division ". of state government," as contemplated by the
provisions of Section 287.26, Florida Statutes, when read in
pari material to Section 287.25, Florida Statutes.

Under Section 287.25, Florida Statutes, the Division of
Communications is authorized to coordinate the purchasing,
leasing and utilization of communication services for state
government and to apparently develop a total state system of
communication. See Sections 287.25 (2) and 287.25 (16),
Florida Statutes. To this end it is authorized to advise
state agencies and political subdivisions as to methods to
integrate the various systems now utilized in areas of the

Honorable Chester F. Blakemore 072-210
Page 4

state and to provide a means by which various political sub-
divisions may utilize the state communications system by direct
aid or other means prescribed in Section 287.25, Florida Statutes.
However, at best, in the above regard, Section 287.26, supra,
should only be considered as defining "communication systems"
or use, and it is not specific enough in its entirety to raise
the presumption that it is authority for the Division to assume
jurisdiction over the communication facilities of the Central
and Southern Florida Flood Control District, unless such transfer
is accomplished through a cooperative agreement of both author-
ities. See Sections 287.25(6) and 378.07, Florida Statutes.

Your question is answered accordingly.


The Central and Southern Florida Flood Control
District is not a state agency or a political
subdivision of the state within the meaning and
purview of Section 287.26, Florida Statutes 1971,
insofar as the acquisition and maintenance of
communication equipment and systems are furnish-
ed by the District's tax revenues (local) as
opposed to the use of state funds granted to the
District or appropriated therefore by the state.
Therefore, the District and its communication
facilities are not subject to the jurisdiction of
the Division of Communications, Department of
General Services. Under the terms of its enabling
acts, Chapters 25214 and 25270, Laws of Florida
1949, said District is expressly designated a
public corporation.


Robert L. Shevin
Prepared by: Attorney General

Bjarne B. Andersen, Jr.
Assistant Attorney General

James M. Wallace
Assistant Attorney General

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