Title: Opinion File 77-155 thru 77-157
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00003517/00001
 Material Information
Title: Opinion File 77-155 thru 77-157
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Buddy Blain's Collections - Opinion File 77-155 thru 77-157
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 69
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003517
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


MEMO TO: Myron Gibbons ff

FROM: Russ Blain

DATE: October 20, 1977

RE: SWFWMD Group Health and Life Insurance -
Need for Competitive Bid

This memo puts into writing what we discussed yesterday in
response to the question of whether SWFWMD must now advertise
for competitive bids in letting a contract for group health
and life insurance. This question is answered in the
affirmative because of the 1976 revision to S112.08, Florida
Statutes (Supp. 1976), effective January 1, 1977, which
imposes a previously nonexistent competitive bidding require-
ment on group insurance policies.

At the time you wrote your November 28, 1973 letter to Clint
Schultz, apparently, the only statute that imposed a
competitive bidding requirement was contained in Chapter 287,
Florida Statutes. That statute, as you observed in your
opinion letter, applies only to State agencies, and since
SWFWMD is not a State agency, it was not at that time and
f still is not subject to the competitive bidding requirements
of Chapter 287. At that time, S112.08 only authorized
particular governmental units to provide group insurance and
enter into agreements with insurance companies, and did not
deal with the question of competitive bids.

The revised 112.08, apart from Chapter 287, now contains the
following language:

Before entering any contract for insurance, the
governmental unit shall advertise for competitive
bids, and such contract shall be let upon the
basis of such bids.

Section 373.605, Florida Statutes, authorizes and empowers
water management district governing boards to provide group
insurance under the same limitations contained in S112.08,
and thus imposes the new competitive bidding requirement on
water management districts, even though they may not precisely
be "local governmental units" that are the express target of

Note that any county, municipality, school board, local govern-
ment unit, and special taxing district may self-insure any plan
for insurance coverage under S112.08.

Copies of S112.08, as revised, and 373.605 are attached.

cc: L. M. Blain, Esquire

' -

A128, 1973
-- j- ** J

Soutbheat Irloida "She District
'e n O, ice 4
b reekaville e,, feri 512
ivtr er 28, am b197M d li
Clint Schualt., Direotor

o liviwion if tly, aet e o y i tit
sgeutciesMt in t amlirtem ma native D bi tricte( r
'put Offioe Bac 4?t
lrteaksuille, atleo). teri 7 a51e

defined as fehallow

b1 n o thea Din-rls 9rudp bflh td liey other hua
pioicy. nealgni. da itr aw tt msiated. oly tte
^ flfctuM~ ai r the-u etion of Sqe*titive bid. (Chapter 287.
n te cltatf m). st at the eive definitir pr 287 tare
defined am 6ellowt

(1) "7 glie Mly to a of the flaii withi
SteR& officessu. dl>teatu. bosS..,

cfncil med aqw aebs Qsit of
:. 1~;S1ttO bYC de *oruiqaftiof hilttd.

he cltE impept of the nfv definition is thit
C1S3er 1R7 *Mpll- iely to sits of esaw ittien within
the s at. gom sgmmlmSl st* SW. as oppseed to b4al or
septioal Public itities. i. intt is dsmmpstfltS
further by nioridf Statutes e7.043 (2) which provide
iP pert

care"se by asry cesty, municipality,
or ethir leati publie agency sOaer
.,, the pdi5W. i tip state parhsbaing
e nftestm 11.l bo ebwet ftre tihe
oupyetitive mid gequivats other-
"iske tpplyiag to their purchases.

( _1 ~____1_ ~

~C" ~un~
i~w .

v-* aeveea r t7, 19o3

Clint OShulta, Direetor 2

Moreover, the regqlatioe apipliealO to Chapter 287,
pwrvide the fSolewing dteiniticMa

13i.*1 (5) Aqeny EMAd -
AM ageny head within the aunaian
of befpte 287, MWt X, rloridt
tattes., 1969, is defimd 8a 8
Dptm erntal Director, Division,
DireetZ or pr-eidnt of a sni-
versity, whicheve is applicable.

This definition logically indicates that the tern agency
to construed by the Division of pauchsing of the Depart at
of someal Services, as a *diviaioas e "depat t" of
state goven t adi mt local or sectional pelic 0o quati-
public bodies.

&ocr4if1ly, in oar opinion the District ito at an
agenay as defied by Chapter 27, rlorid Stattes, and
4 therexere, the regulatory previaies as to the phrase of
health insauma e ander the chapter awe not applicable to
thI District. ihau, based oe the abov. it io ou opinion
that advertisemewt fr bids on the Districts health
insuvera e plUa is not required.


0 8, YTWURg, IrIBM, SW. ,
CBwsR & MB

myra ,. fibboes,

[ Jl ;I I

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