2-10O


f/ July 11, 1972 KY
KEY WORDS: sakc soyv.ec A s-.
MEMO TO: LMB jFOM rcxj- 4o -_o
FROM: JWC
RE: SWFWMD title to Land

Section 253.03(7) FS states that ". .The board of trustees

of the internal improvement trust fund shall maintain a current inven-

tory of all state owned lands. .

The term "state owned lands" is defined in 253.03(1). This

section states that:

"Lands vested in the board of trustees
of the internal improvement trust fund
shall be deemed to be (g) all
lands excluding any land
title to which is vested in any port
authority, flood control district,
Water management district or navigation
/ district. ..

Thus, the plain words of the statute exclude any land owned

by SWFWMD from the power of the trustees.

This reading of the statute is sustained by Op.Atty.Gen. 068-67,

June 5, 1968, stating that the word "excluding" (above) applied to the

term "navigation district". If this is so, then land owned by a water

management district is also excluded from the state properties vested

in the Trustees.

Thus, SWFWMD is not an "agency" as contemplated by Item 26 on

the Agenda, and 257.03(7).




SJWC:ps j.t