Opinion File 71-6 thru 71-8

Material Information

Opinion File 71-6 thru 71-8


Subjects / Keywords:
Statutory law ( jstor )
Land ownership ( jstor )
Drainage water ( jstor )
Spatial Coverage:
North America -- United States of America -- Florida


Buddy Blain's Collections - Opinion File 71-6 thru 71-8
General Note:
Box 14, Folder 2 ( Opinion File 1961-1971 - 1961-1971 ), Item 94
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

e TO: Myron G. Gibbons KE WDRDS: sA' W


RE: Question from John XHXX Anderson

Are sewer districts presently only authorized within a county?

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There is no statutory authority for-formation of sewer Districts
which parallels the authority for formation of drainage Districts.
The formation of drainage districts is authorized in Chapter 298,
SFlorida Statutes, which enables a majority of the owners or the owners
of a majority of the acreage of any contiguous body of wet or overflowed
land or lands subject to overflow, situate in one or more counties in
this state, to form a drainage district for the purpose of having such
lands reclaimed and protected from the effects of water, for sanitary
or agricultural purposes, or when the same may be conducive to the
public health, convenience or welfare, or public utility or benefit,
by drainage or otherwise. Section 298.01, Florida Statutes.

This procedure can be n*xcakia initiated by a majority of the
owners or by the Department of Natural Resources of the state. Their
petition is filed with the Clerk and heard by Circuit Judge. No
drainage district shall be establish or consolidated under any provi-
sions of this Chapter until there shall have been first obtained their
written approval or consent of the owner or owners of a majority in
acreage of the lands within said district. Section 298.03 (3), Florida

Public works, including storm and sanitary sewer collection and
treatment systems are inherent powers of municipal government and are
also authorized for county government. Part 2 of Chapter 153, Florida
Statutes, is referred to as the County Water and Sewer District law
which enables counties to establish one or more water and sewer districtE
but provides that any such district shall consist of only unincorporated
contiguous areas of such county. Section 153.53, Florida Statutes.

This Chapter also authorizes the issuance of revenue bonds, fixing
the schedule of rates, fees and charges, ATC. They are also authorized
to provide for general obligation bonds, subject to approval at free-
holder elections.

The Florida Interlocal Cooperation Act of 1969 authorizes public
f agencies to contract with each other so as to exercise jointly with
- any other public agency any power, privilege or authority which agencies
share in omo saa I st riiu sr4ly. aestian
163.01 (4), olerida Statut-e.

This Act would enable adjoining counties, cities, wtmer n--v.aem
districts, and others, to enter into interlocal agree-olBt t order to
provide sewer and water districts. This would require ratification by
Each of the effected governmental agencies. A copy of Part 1, Chapter
163, Florida Statutes, is attached.

Section 125.43, Florida Statutes, enacted in 1951, authsizes
Boards of County Commisssioners of several counties to enter into and
carry into offeet contracts and agreent relating to their o -
function, poaers and duties. Thib ever eemIe to be broad mea h,
thus the enactment of the interlocal cooperation act of 1969.

If the counties and cities involved are unwilling to enter into
such a cooperative agreement, then the next step would be to enact
legislation directing them to do so, either for planning purposes or
for actual formation of an area wide sewer or water district.

This would be in the for of local legislation and should be
advertised in the affected oountiee.

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