July 2, 1968






lM. Clint Schults, Aceountant
southwest ilorida water
Management Distriot
P, O. 0B 497
Brooksville, Florida 33512

DeSa Clintt

2 -nolotig a copy of the Atterney aGeoral' opinion d ted
October 3, 1961, whidh was the biis for liter to tohe
District "ted July 19, 1962, onaeerning the ias of private
airplanes for District business. TIh Ti i in tropoa e to
your telephone conversation with Mrs*. Beokr the other day.

Sincerely,



agg/rb Myron a. Qibbons
enol


I








STATE OF FLORIDA
OFFICE OF THE
ATTORNEY GENERAL
TALLAHAS SEE

RICHARD W. ERVIN
ATTORNEY GENERAL October 3, 1961



Honorable Alfred M. McKethan
Chairman
Southwest Florida Water Management District
Brooksville, Florida

Dear Alfred:

This is in response to your discussion today
as to whether or not it would be permissible for you,
members and personnel of the Southwest Florida Water
Management District, to use the airplane owned by Brooks-
ville Rock Company, Inc., of which you are a stockholder.

It is my understanding that the plane, in addi-
tion to being used for the business of its owner, is used
for hire along with its pilot for private parties on
a charter basis. You a4%te it would be a great convenience
and time-saving feature to you and members of the District
if they could use the plane when needed for business trips
instead of the common carrier method of transportation.
You further state that you propose to pay for the use of
the plane at the rate of regular airplane fare per person
travelling.

We have discussed this matter with the State
Comptroller's Office, and though the funds of the District
are not disbursed by the State Comptroller, they inform us
that of those State Agencies whose funds are handled by
them, they would approve such expenditures as outlined by
you. Of course, you understand that Governmental Agencies
would not be permitted to pay, or be subject to tax on
transportation fare.

In view of the above, it is my opinion that it
would be a valid procedure for you and the members and
personnel of your District to use the plane of the Brooks-
ville Rock Company Inc. when such use, in your judgment,


II~





*- .;- 0


Honorable Alfred M. McKethan
Page Two
October 3, 1961






is to the advantage of the District; and you may compen-
sate the owner of the plane at a rate not exceeding the
regular scheduled airplane published fare per passenger
travelling in said plane. You advise me that this is at
a lower rate than the Company would be willing to charter
the plane to other parties, and is more of an accommodation
to the members and personnel of your District. Such being'
the case, I feel that the mere fact that you own stock in
the Company which owns the plane would not prohibit its
use by the District.
Trusting the above answers your problem,
and with kind personal regards, I am


Sincerely,


Richard W. Ervin,
Attorney General


RWE/ rmg


CC:


Honorable Bryan Willis
State Auditor
Carlton Building
Tallahassee, Florida


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