Title: Opinion File 75-62 thru 75-63
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00003444/00001
 Material Information
Title: Opinion File 75-62 thru 75-63
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Buddy Blain's Collections - Opinion File 75-62 thru 75-63
General Note: Box 14, Folder 4 ( Opinion File 1974 - 1975 - 1974-1975 ), Item 72
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003444
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

November 11, 1975

Jay T. Ahem, Esquire
Southwest Florida Water
Management District
P. 0. BOX 457
Brooksville, Florida 33512

Re: Green Swamp Flood Detention Area
SWF Parcel No. 10-200-152 Overstreet

Dear Jay:

This is to confirm our conference with you on November 7, 1975,
concerning the necessity of following the Consultants' Competi-
tive Negotiation Act procedure, as provided in Chapter 278, F.S.,
in the trial of the above parcel. The matter which brought up
Sthe conference was as to the employment of expert witnesses for
testifying in the above case, which experts were in the engineering

Mr. Blain and I are of the opinion that, under the provision of
Chapter 278, as amended, it is not necessary for the District or
for us, as attorneys for the Distriot, to proceed under the Con-
sultants' Competitive Negotiation Act. The basis for our opinion
is that, in the definitions provided for in Chapter 287, the pro-
cedure of the Consultants' Competitive Negotiation Act for the
employment of an engineer is only necessary when it is a projectt."
The definition of a project is that it is a fixed capital outlay
study, and this 4e"s not include employment of expert witnesses
for testifying in Court proceedings.

We do believe, however, that it should be a necessity and require-
ment, under proper procedures for the District, that the attorney
who employ* the expert should advise the District, in writing,
that he has looked into the matter fully and feels that it is
necessary to employ such an expert and also that he is of the

I __ L


Nov br 11 97
November 11,1971

Jay T. Ahern, Esq.

Re: Green Swamp flood Detention Area
SNW Parcel No. 10-200-152 Overstreet

opinion that the expert or professional he is employing under the
particular circumstances of the case is beat qualified to testify
on behalf of the interests of the District, and that the fees he
has agreed to pay for said expert's services are reasonable.

If you have any questions or suggestions, please let mre hear from
Yours very truly,

Myron G. Gibbons


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