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Number: AGO 80-77
Date: September 11, 1980
Subject: Waiving sovereign immunity; governor
SOVEREIGN IMMUNITY--GOVERNOR MAY NOT WAIVE SOVEREIGN IMMUNITY BY CONTRACT
To: Bob Graham, Governor, Tallahassee
Prepared by: Craig B. Willis, Assistant Attorney General
QUESTION: May the Governor waive the sovereign immunity of the state by contract with the United States Government?
SUMMARY: The Governor is not authorized by the Constitution or by general law to waive the sovereign immunity of the state pursuant to a contractual agreement with the United States Department of Interior in order to obtain certain privileged and proprietary information concerning oil and gas reserves adjacent to the state's seaward boundary under the Outer Continental Shelf Lands Act, as amended, 43 U.S.C. s. 1331, et seq. (1979).