May 19, 1975 1 -4- 7
MEMORANDUM AA grf gMpI t/

TO: CLINT SCHULTZ, DIRECTOR, DIVISION OF RATIVE SERVICE
FROM: JAY T. AHERN, STAFF ATTORNEY 9gf rs I
RE: Payment of Private Employment Fees MA~Y t i^ /

Your request for an opinion on whether the Disti4ct may pay the fees for
services rendered by private employment agencies has been investigated
by the writer.
It is my opinion that the payment of the fee is a matter of policy for
the Governing Board to decide. The answer to whether or not to pay it
depends on how the District classifies itself as a state agency. Basically,
the law under Section 110.092(3), F.S., allows the state, state agencies
and political subdivisions to use the services of private employment
but prohibits the state or political subdivision to pay the private employ-
ment agency for the service. This would seem to mean the employee pays
the fee for the service or the service by the private employment agency
is gratuitous which is not likely.
Therefore, I could interpret the District as a political subdivision
under Section 1.01(9), Florida Statutes. This section defines public
body or political subdivision as covering special tax school districts
and.....all other districts in this state. Thus, you can see the District
could be considered within the requirements of the law prohibiting the
payment of private employment fees. However, the District has taken a
very narrow approach to being called anything other than a public corpora-
tion. Following this premise, the statute must clearly indicate its
application to the District before it is applied to us.
Accordingly, I believe the above explains the law on paying said private
employment fees.

JTA:ld
cc: Myron G. Gibbons, Esquire N/


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