Judges: Jim Smith, Attorney General Prepared by: Linda Lettera, Assistant Attorney General
Filed Date: 10/5/1981
Status: Precedential
Modified Date: 7/5/2016
The Honorable Frank A. Messersmith Representative 83rd District
QUESTION:
Where a special tax district has been created by a special act of the legislature which required referendum approval prior to the establishment of the special tax district, and a referendum was in fact conducted and the voters approved the establishment of the special tax district, is a second referendum election required in order to approve a legislative act contracting the area within the district subject to ad valorem property taxation by the district?
SUMMARY:
Section 10, Art. III, State Const., specifies alternative means of providing notice to affected persons regarding the enactment of a special law. Before a special law may be passed, one of two things must have occurred: (1) there must have been notice of intention to seek enactment of the special law published in the manner provided by general law, i.e., ss.
The Southeastern Palm Beach County Hospital District was created by ch. 29387, 1953, Laws of Florida, which required referendum approval prior to the establishment of the special tax district. An election was duly called for November 8, 1955, as required by ch. 29387, supra, and the creation of the district was approved by the voters. See State v. Southeastern Palm Beach County Hospital District,
The proposed special act would exclude the City of Boca Raton from the Southeastern Palm Beach County Hospital District and you state that it is recognized that the obligations of outstanding bond indebtedness of the district may not be impaired by such exclusion and that exclusion of the City from the district would require the continued levy of ad valorem taxes necessary to pay the annual debt service on such bonds until the bonds are retired. That issue, therefore, will not be addressed herein.
Section 10, Art. III, State Const., provides:
No special law shall be passed unless notice of intention to seek enactment thereof has been published in the manner provided by general law. Such notice shall not be necessary when the law, except that provision for referendum, is conditioned to become effective only upon approval by vote of the electors of the area affected.
In accordance with the above constitutional provision, before a special law may be effectively passed, one of two things must have occurred: (1) there must have been notice of intention to seek enactment of the special law published in a manner provided by general law, see ss.
It is clear that published notice of the intention to seek enactment of the special legislation or referendum approval of such legislation by the electors in the affected area arealternative conditions precedent to the validity and effectiveness of the subject legislation. See State ex rel. Cotterill v. Bessinger,
Prepared by: Linda Lettera, Assistant Attorney General
State Ex Rel. Cotterill v. Bessenger , 133 So. 2d 409 ( 1961 )
Dickinson v. Bradley , 298 So. 2d 352 ( 1974 )
Pinellas County v. Laumer , 94 So. 2d 837 ( 1957 )
Budget Commission of Pinellas County v. Blocker , 60 So. 2d 193 ( 1952 )