STATE OF FLORIDA, APPELLANT,
v.
CITY OF AVON PARK, A MUNICIPAL CORPORATION, APPELLEE

Fla. | 1928-10-16
Whitfield, P. J., and Terrell and Buford, J. J., concur., Strum and Brown, J. J., concur in the opinion and judgment.
96 Fla. 494 Florida Supreme Court (1928) Positive Treatment
Cited by 10 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida Supreme Court reversed a lower court's validation of municipal bonds, finding that a special act governing the City of Avon Park superseded a general act regarding bond issuance.

Holding

Yes, the special act governing the City of Avon Park's bond issuance prevails over the general act, requiring adherence to the former's provisions.

Key Quotes

“Under Sec. 24 of Article .III of the State Constitution the provisions of the special law are applicable to the exclusion of inconsistent provisions in the general law.”

This quote establishes the constitutional basis for prioritizing special legislation over general legislation.

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Facts & Procedural History

The City of Avon Park attempted to issue bonds under a general state act. However, a special act, effective on the same day, contained different provi…

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Topics
Bond Validation Constitutional Law Statutory Construction Statutory Interpretation

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Opinion of the Court
Per Curiam.

Per Curiam.

The City of Avon Park attempted to issue bonds under a general act, Chapter 11855, Acts of 1927, effective June 6, 1927, relating to the issue of municipal bonds. The Circuit Judge validated the bonds. An appeal was taken. Chapter 12514, Acts of 1927, a special act, effective June 6, 1927, relating to the incorporation and to the powers and privileges of the City of Avon Park, contains materially different provisions for the issue of bonds by that city, which provisions were not followed in attempting to issue the bonds. Under Sec. 24 of Article .III of the State Constitution the provisions of the special law are applicable to the exclusion of inconsistent provisions in the general law. See City of Apalachicola v. State, 93 Fla. 921, 112 So. R. 618. This rule is applicable to statutes that became effective on the same day.

Reversed.

Whitfield, P. J., and Terrell and Buford, J. J., concur. Strum and Brown, J. J., concur in the opinion and judgment.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Sullivan v. City of Tampa, 134 So. 211 (Fla. 1931)
    …al law relating to the powers and government of a particular municipality that is in conflict with the general statute, such local or special act will prevail. City of Apalachicola vs. The State, 93 Fla. 921, 112 So. 618; State v. City of Avon Park, 96 Fla. 494, 118 So. 233. Sec. 24 of Art. III of the Constitution provides: "The legislature shall establish a uniform system of county and municipal government which shall be applicable, except in cases where local or special laws are provided by the legislatu…
  • State v. The City of Avon Park, 108 Fla. 641 (Fla. 1933)
    …n the original' municipality being 890 in 1920 and 1,534 in 1925. By Chapter 12514, Acts of 1927, the added territory was declared to be not liable for bonds issued by the municipality prior to January 1, 1926. See also State v.’ City of Avon Park, 96 Fla. 494, 118 So. 223. The added territory is made liable for taxation for municipal expenses and for the municipal debts since January, 1926. It appears that some of the inhabitants of the added territory have participated in the municipal elections of the…
  • N. Shore Bank v. Town of Surfside, 72 So. 2d 659 (Fla. 1954)
    …Clearly, if the general law authorizes the issuance of bonds of the kind before us without a vote of the electors, to that extent it conflicts with the Charter provisions and is inapplicable to the present situation. See State v. City of Avon Park, 96 Fla. 494, 118 So. 223; Sullivan v. City of Tampa, 101 Fla. 298, 134 So. 211; City of St. Petersburg v. Carter, Fla.1949, 39 So. 2d 804. In the briefs the question of the power to issue these bonds is disposed of with the statement in the ordinance that the…

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