Title: Opinion File 76-37 thru 76-38
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00003456/00001
 Material Information
Title: Opinion File 76-37 thru 76-38
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Bobby Blain's Collections - Opinion File 76-37 thru 76-38
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 9
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003456
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


Augu t 2, 1976 --
... I 12(Afa ,. .

IN Re: Manasota Basin Financing

373.D69(4), which was not amended by Ch. 76-243, provides that:
S. prior to December 31, 1976 the previously
listing districts [SWFWMD] shall assit the newly created
districts [Ridge & Lower Gulf Coast] in becoming operational
[and that DER] shall encourage the use of inter-
gency agreements covering duties, responsibilities, assets,
nd liabilities of the districts and their respective basins
elating to territories to be transferred from one district
o another ... ."

Section 4 of Ch. 76-243 provides:
'It is the intent of the Legislature to make the transfer
f areas, and concomitant transfer of duties responsibilities,
assets and related matters, as smooth and equitable as
possible, preserving continuity wherever possible and disirable."

S37 .0697, as amended by Sec. 5 of Ch. 76-243
uthorizes the Basin boards to request the governing board
f the district to levy ad valorem taxes.

S37 .503, as amended by Sec. 12 of Ch. 76-243
authorizes SWFWMD to levy up to 0.75 mill (25% of 1 mill)
or basin purposes commencing with the tax year 1977.

S37 .506, as amended by Sec. 15 of Ch. 76-243
authorized a district to pay "expenses of a district or to
teet 'emergencies" by borrowing a sufficient amount of
loney and authorizes it to issue interest bearing
negotiable notes therefore and to pledge the proceeds of
:he tax imposed under the provisions of Ch. 373 for the

S37 .559 authorizes the governing board to borrow money
temporarily for a period not to exceed 1 year at any one
:ime and issue promissory notes therefore payable from
the taxes herein levied and imposed, to provide for the
works described by Ch. 373.

SS373.616 and 373.6161 provide that the chapter shall be
liberally construed "and the procedure herein prescribed
shall be followed and applied with such latitude consistent
with the intent thereof as shall best meet the requirements
or necessities therefore "

Su section (7) of 373.0693, as added by Sec. 3 of Ch. 76-243,
provides for the formation of the Manasota Basin as a sub-
district or basin of SWFWMD prior to the beginning of the

76- 38

977 tax year (11:59 p.m. on December 31, 1976) and that
he basin board members of the present basin shall become
embers of the new basin at the time of transfer.

If the Governing Board chose, it could:

1. Give financial assistance to the Manasota Basin prior
to Dec. 31, 1976. However, other areas within the
present SWFWMD area might have grounds to challenge this
unless it could be shown that the long range effects
would benefit SWF as a whole.

2. Give financial assistance to the Manasota Basin after
transfer (starting Jan. 1, 1977). This would have the
same inherent weakness as #1 above.

3. Give financial assistance through a loan of District funds
to Manasota Basin to be repaid when proceeds from the
first tax levy of the Manasota Basin are received.

4. Cooperate with the Manasota Basin by borrowing funds
pursuant to 373.506. Notes could be given as security by
the District Governing Board and the Manasota Basin Board
Jointly, pledging proceeds of Basin taxes to be imposed
for tax year 1977. This could not be finalized until the
transfer takes place, although all steps could be taken
in advance in anticipation of the time that the loan
could be consummated.

IJ 4 appears to offer the least risk to challenge.


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