Judges: Jim Smith, Attorney General Prepared by: Joslyn Wilson, Assistant Attorney General
Filed Date: 10/13/1981
Status: Precedential
Modified Date: 7/5/2016
Mr. Raymond A. Doumar Attorney for the North Lauderdale Water Control District.
QUESTION:
May members of the board of supervisors, the governing body of the North Lauderdale Water Control District, be compensated for their services to the board and/or for their attendance at the board's monthly meeting?
SUMMARY:
Members of the board of supervisors of the North Lauderdale Water Control District are not authorized to be compensated for their services as supervisors and are limited in receiving reimbursement for travel expenses to 10 cents per mile for each mile actually traveled in going to and from their place of residence to meetings of the board.
This opinion is expressly limited to a consideration of whether members of the board of supervisors may be compensated and/or receive travel expenses for their services, as supervisors, to the water control district. No opinion is expressed herein as to the legality or advisability of imposing additional functions on the supervisors.
The North Lauderdale Water Control District was created by ch. 63-661, Laws of Florida, as a drainage district in Broward County for the purpose of reclaiming, draining and conserving land within the district and making such land available and habitable for settlement and agriculture and `for the public convenience, welfare, utility and benefit . . . .' Sections 1 and 2, ch. 63-661. A board of supervisors, consisting of 3 members, serves as the governing body of the district, see s. 4, ch. 63-661. Section 2 of the local act provides that the general drainage laws of the state applicable to drainage districts embodied in ch.
It is well established within this state that public officers have no claim or right to compensation for services rendered except when and to the extent that it is provided by law, and that when no compensation is so provided, the rendition of such services is deemed to be gratuitous. See, e.g., Gavagan v. Marshall,
While the enabling legislation for the North Lauderdale Water Control District provides that the district shall have all the powers conferred upon water control districts by ch. 298, the local act limits those powers that may be exercised by the district which are conferred by ch. 298 to those which are not inconsistent with ch. 63-661 or are otherwise provided within the act. Section 6, ch. 63-661 expressly states that the board of supervisors of the North Lauderdale Water Control District `shall serve without compensation, except that they shall be paid 10cents per mile for each mile actually traveled in going to and from their place of residence to the place of meeting.' Chapter 63-661, which was presented to the Governor on June 19, 1963, and became law without his approval, became effective on or about July 10, 1963 (see s. 23, ch. 63-661), and appears to have been adopted subsequent to the enactment of ch. 63-400, which amended s.
Prepared by: Joslyn Wilson, Assistant Attorney General
Woodgate Development Corp. v. Hamilton Investment Trust , 351 So. 2d 14 ( 1977 )
Oldham v. Rooks , 361 So. 2d 140 ( 1978 )
De Coningh v. City of Daytona Beach , 103 So. 2d 233 ( 1958 )
Albury v. City of Jacksonville Beach , 295 So. 2d 297 ( 1974 )
Tamiami Trail Tours, Inc. v. Lee , 142 Fla. 68 ( 1940 )