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PROFESSIONS AND VOCATIONB
MEDICAL TECHNOLOGY
August 1, 1951 051-2u9
BASIC SCIENCES~APRERTICESHIP COUNCIb-BOARD or EXAMINERB-
APPROPRIATIONS-41, Ch. 26859, ACTS 195i
QUESTIONS: 1. May the State u st make pro-
vision for them Florida Ap
prenticeship Ocuncil, during the 1951-1953
biennium, by the release of 31 ,000 per
year (330,000 for the biennium from the
Emergency appropriation under Item 76, Sec-
tion 1. Chapter 26859, Laws of Florida,
Acts of 1951, or the General Appropriations
Act?
2. Should the unexpended balance in the Medical
Technology Fund (an agency fund) remaining on
June 30, 1951, be carried forward into the
first quarter of the 1951-2 fiscal year for
the purpose of carrying on the educational
program of the Board of Examiners in the
Basic Sciences through September 30, 1951?
To: Honorable Homer G. Graham, Director, State Budget Commission:
Since receiving your request for Opinion we have been
advised that the State Budget Commission has released funds
for the purposes described in the first question; this being
true the question has become moot and should not be answered.
The Legislature, by Chapter 25069. Laws of Florida,
Acts of 19u9, (which became a law and took effect on Ma 16,
l9h9, and now appears as Chapter h83, Florida Statutes, pro-
vided for the regulation and control of the practice of medical
technology in this State. Under Section h83.lu, Florida
Statutes, it is provided that "all moneys received by the
baard . shall be deposited with the State Treasurer in a
Special fund for the exclusive use of the board . all
Honorable Homer G. Graham 051-2U9
P888 #2
expenses of the board shall be paid out of this fund . any
surplus of funds on hand at the end of any fiscal year. and
not required for Operating expenses during the first three
months of the next fiscal year, shall be transferred ty the
board from this fund to the general revenue fund of the
State of Florida.1
Chapter 25068, Laws of Florida, Acts of 19L§, wdizh
abolished all existing continuing appropriations, with certain
exceptions, became a law on May 16, 19h9, the same day that
said Chapter 25069 became a law. We, therefore, have no evi-
dance that the continuig ap priation contained in said
Chapter 25069 (Section 3.1 Florida Statutes,) was repealed
by said Chapter 25068 (see 59 c. J. 928-30, Section 531*). This
continuing appropriation appears to be in full force and ef-
fect unless repealed, suspended or superseded by some subsequent
statute or law.
Item 71D, Section 1, Chapter 26859. Laws of Florida,
Acts of 1951 (the current general biennial appropriations act),
contains an appropriation in the sun of $3,600.00 per annum,
to the Board of Examiners in the Basic Sciences, for medical
technology expenses, for the present biennium. Where there
exists a continuing appropriation for a certain purpose, and
there is subsequently provided a biennial appropriation for the
same purpose, the general rule is that the continuing appropri-
ation is superseded or suspended during the life of the said
biennial appropriation (McCraoken v. State, bl Rev. u9, 167 P.
1001, text 1002). The 1951 general appropriations act, there-
fore, fixes the fund from which the medical technology expenses
for the current biennium are to be paid, unless the fees to be
collected under said Chapter 83, Florida Statutes, are to be
classified as trust funds and within the purview of our opinion
of July 31, 1951, to the State Budget Director.
In the light of these observations we think that the
second question should be answered in the negative. There
was presented to us no question as to the inability of the
Board to carry on its work with the appropriation made by
the 1951 Legislature, as to which see our opinion to the State
Budget Director of July 31, 1951.
Richard V. Erwin
Attorney General
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.e ol'. hand at the end of any fiscal yCar, --e-t r operati[ir; EXpnSCB durin.:5 ths firs --. 0--.--.~U-col yeo.r, ohn11 bc trans'~Crre: --0 the acr.cral r Ivenue fun:3 a -ptor 23068, Laws of Florida, Ac-s of ic'sistina continuing appropriations, rita car-c.a sne a law on Ma'J 16, 1949, thE e me dry tjmt 069 De c asie a 1ass. We, the re 1->rc, hove :-20 evi continuing a;,aropriation contained in said Section 453.14, Florida Str tutes, ) sac repenen -25066 (see 59 C. J. 922-30, Section 534h Thio -opriation appears to bE 10 full TOTc6 End Cf.ealed, suspended or asperseded by some subsequen a 720, SEetion 1, Chapter 26859, Laws of Florida he. Current gMral bic[i[i.iul e-,propriations not), .ropristian in the sa of 43,600.00 per annum, -Examillers in thE :1010 501GnCOS, for 36diCPl [1006, 1-1)r thprEinlit biERP.lurr., WherE thEre iuin .4:-gropriatian for r.. CCptsig pay.pge--.., rit'-i [u[-:ntly gr->v3.ded : bisar.in1 ;..jpropr14.tirm for the he acnern.1 rulo 13 that the continuing appropriledad or cuependcd durin;_; t'ne life of the caid .ristion (McCracken v. St.:te, 41 Nev. 49, 16? P. :). Th-1951 Genarn1 appropriations act, therefund from which thmedical technology egetine .hien: zi are tn be paid, uniece the fees to be asia Chapter DOL Plorian Strautes, ere to be
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