Title: Opinion File 77-1 thru 77-2
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00003482/00001
 Material Information
Title: Opinion File 77-1 thru 77-2
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Buddy Blain's Collections - Opinion File 77-1 thru 77-2
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 35
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003482
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


'-ll A.' tT *. (J"llir VK. IInn. 11: 111
GOO6 MADISON wsritrim. m.o. nox 13613
(813) 228.7841 KEYWORDS:

February 8, 1977

Mr. J. B. Butler, Director .., .n.... R.....
Department of Planning & Regulation
Southwest Florida Water
Management District
5060 U.S. Highway 41 South
Brooksville, Florida 33512

RE: Cutoff Date for Filing(UApplication
within the Two Year Period

Dear J. B.:

Following my discussion with you the other day, I
have researched this matter and concur with the
position of Jay Ahern as you related to me.

You quoted Mr. Ahern as saying that any application
i. received by the district not later than Monday,
January 3, 1977 should be considered to have been
made within the two year period from the effective
date of implementation of the declared water policy
of Southwest Florida Water Management District
relating to the consumptive uses of water.

Rule 16J2.03 provides that the program for issuance
of permits authorizing the consumptive use of water
shall be implemented commencing January 1, 1975
within most of the basins within the district.

By authority of Section 373.226(3), Florida Statutes,
the district prescribed in rule 16J-2.04(2)(a) that
uses of water existing prior to the date of implementa-
tion may be continued through December 31, 1976 without
a consumptive use permit and commencing January 1, 1977,
such use may only be continued if a consumptive use
permit has been obtained or if an application for
consumptive use has been made and is still pending. In
a recent case the First District Court of Appeal held
that where the period for filing ran until a date which
fell on Saturday, the filing on the following Monday
was timely. Mick v. Florida State Board of Denistry,
SFla. App., 338 So. 2d 1297.

V 2-8-777' -"2

December 31, 1976 would have been the last date upon
which application for a consumptive use permit could
be made had it not been that New Year's Day, January 1,
fell on Saturday. Section 683.01, Florida Statutes
provides that New Year's Day is a legal holiday. It
further provides that whenever any legal holiday shall
fall upon a Sunday, the Monday following shall be deemed
a public holiday for all and any of the purposes aforesaid.
It is silent as to what happens when a legal holiday falls
on a Saturday.

However, Section 683.02 provides that whenever reference
is made to "legal holidays," the term shall be understood
to include those holidays designated in Section 683.01
and such others as may be designated by law.

Section 683.011 enacted by the 1976 legislature provides
that New Year's Day shall be a paid holiday observed by
state agencies and if any of these holidays fall on
Saturday, the preceding Friday shall be observed as a

This does not clearly prescribe that December 31, 1976,
falling on Friday, was a legal holiday, but it does raise
sufficient doubt upon which we base our opinion that all
f applications for consumptive use permits filed on or
before Monday, January 3, 1977 should be considered to
have been timely filed.

Furthermore, while the law does not specifically provide
for filing by mail, it would be our recommendation that
any application which was transmitted by mail which was
postmarked on or before December 31, 1976 should be
considered to have been timely filed.


L. M. Blain


cc: Mr. Jay Ahern
Mr. Myron G. Gibbons


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