Opinion File 61-3 thru 61-4

Material Information

Opinion File 61-3 thru 61-4


Subjects / Keywords:
Attorneys general ( jstor )
Checking accounts ( jstor )
State banks ( jstor )
Spatial Coverage:
North America -- United States of America -- Florida


Buddy Blain's Collections - Opinion File 61-3 - 61-4
General Note:
Box 14, Folder 2 ( Opinion File - 1961 - 1971 ), Item 2
General Note:
Box 14, Folder 2 ( Opinion File 1961-1971 - 1961-1971 ), Item 2
Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.

Record Information

Source Institution:
Levin College of Law, University of Florida
Holding Location:
Levin College of Law, University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.


This item has the following downloads:

Full Text

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RICHARD W. ERVIN October 3, 1961 Bad Mr ebW

ai. Alfred M. McKethan
Southwest Florida Water
Management District
Brooksville, Florida

Dear Alfred:

This is in response to your inquiry of this morning
as to whether or not, in view of Attorney General Opinion
061-132, the Southwest Florida Water Management District,
of which you are Chairman of the Board, may deposit its
funds in the Hernando State Bank, of which you are

You state that the principal office of the South-
west Florida Water Management District is located in
Brooksville, and that the Hernando State Bank is the only
bank in Hernando County. Further, that it would be a
matter of great inconvenience to the Water Control Dis-
trict and its employees to use an out-of-county bank for
a depository of its checking account. It is my understand-
ing that this account will be handled without a service
charge by the bank to the District and that all funds
deposited will be secured in the same manner as deposits
of state and county funds under the applicable provisions
of law.

While I believe that the rule as set out in Attorney
General Opinion 061-132, copy of which is attached, is the
law of Florida, it appears that the contemplated relation-
ship between the District and the bank is one of service
and for all practicalities; hence, this would seem to
readily distinguish it from the relationships set out in
the opinion.

Under the particular facts which you have related
to me concerning the establishment of a checking account
in the Hernando State Bank, it appears to me that the
N prohibitions as outlined in the enclosed Attorney General

Mr. A0red M. McKethan
Page Two
October 3, 1961

opinion would be inapplicable. It is to be noted that the
recognition of this particular account as a service trans-
action rather than a contractual one, is based upon the
particular facts and circumstances involved and such
recognition is not intended to extend to any and all
banking transactions or relationships which may arise
between the governing body of the District and the named
bank. Each transaction will, under the test set forth
in the enclosed Attorney General opinion, of necessity
stand or fall on its own facts. In those situations
clearly determinable as a servicearangement, it would
appear that your dual membership on the District Board
and as an officer of the bank would not be improper.
There may well be, however, situations where such would
not be the case.

With kind personal regards, I am

Richard W. Ervin
Attorney General

cc: Honorable Ray E. Green
State Comptroller

cc: Honorable Bryan Willis
State Auditor