Poe v. Hillsborough County

695 So. 2d 672, 1997 WL 268914
CourtSupreme Court of Florida
DecidedMay 22, 1997
Docket90223
StatusPublished
Cited by17 cases

This text of 695 So. 2d 672 (Poe v. Hillsborough County) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Poe v. Hillsborough County, 695 So. 2d 672, 1997 WL 268914 (Fla. 1997).

Opinion

695 So.2d 672 (1997)

William F. POE, Sr., Appellant, Cross-Appellee,
v.
HILLSBOROUGH COUNTY, City of Tampa, Florida and Tampa Sports Authority, Appellees, Cross-Appellants.

No. 90223.

Supreme Court of Florida.

May 22, 1997.
Rehearing Denied June 18, 1997.

*673 Diane D. Tremor and Chris H. Bentley of Rose, Sundstrom & Bentley, Tallahassee; and Thomas K. Morrison of Morrison, Morrison & Mills, Tampa, for Appellant, Cross-Appellee.

Emeline C. Acton, County Attorney; Mary Helen Campbell and Christine Beck, Assistant County Attorneys, Hillsborough County, Tampa; James D. Palermo, City Attorney and Jerry M. Gewirtz, Assistant City Attorney, City of Tampa, Tampa; Donald A. Gifford and John Van Voris of Shackleford, Farrior, Stallings & Evans, Tampa; and Raymond Ehrlich, Steven L. Brannock, Henry M. Morgan, Jr. and Susan L. Turner of Holland & Knight L.L.P., Tampa, for Appellees, Cross-Appellants.

Benjamin H. Hill, III, Dennis P. Waggoner and Gregory P. Brown of Hill, Ward & Henderson, P.A., Tampa, for Buccaneers Limited Partnership, Amicus Curiae.

PER CURIAM.

We have on appeal a decision of the trial court declaring invalid a proposed bond issue for a new "Community Stadium" in Tampa, Florida. We have jurisdiction pursuant to article V, section 3(b)(2) of the Florida Constitution, and reverse the decision below.

FACTS

The Tampa Bay Buccaneers (the "Bucs") NFL football team has played its home games in Tampa since 1976 in a stadium owned and operated by the Tampa Sports Authority (the TSA). In 1995, the Bucs franchise was sold to a new owner for approximately $192 million. Prior to the sale, the new owner advised local public officials that the team required additional stadium-related revenue sources, such as luxury suites, club seats, etc., in order to remain financially competitive with other NFL teams, and the team would seek to relocate to another city unless the TSA constructed a new stadium in Tampa offering the necessary amenities. The new owner reiterated his intention to move the team after the sale, but at no time submitted a relocation application to the NFL, which requires approval by threefourths of the member teams for such a move. Negotiations between the City of Tampa, Hillsborough County, and the Tampa Sports Authority (the Issuers) and the new owner of the Bucs commenced in the fall of 1995 and continued until an agreement for *674 the construction of a new stadium was reached on August 28, 1996.

In the interim, the Hillsborough County Board of County Commissioners passed an ordinance on July 10, 1996, levying a one-half cent local government infrastructure surtax for a period of thirty years "to acquire infrastructure for general government purposes, public education, and public safety." As required by law for the passage of an infrastructure surtax,[1] the ordinance provided for a referendum. The purpose of the half-cent sales tax, as presented to the electorate, was

to finance infrastructure for jails, police and Sheriff's equipment, fire stations, emergency vehicles, school construction, a community stadium, transportation improvements, libraries, parks, trails, stormwater improvements and public facilities.

(Emphasis added). The referendum was approved on September 3, 1996, by fifty-three percent of the voters. Hillsborough County, the Cities of Tampa, Plant City, and Temple Terrace, and the Hillsborough County School Board subsequently entered into an interlocal agreement for the distribution of tax revenue which provided that the net proceeds from the local option infrastructure surtax during the thirty-year duration of the tax would be distributed as follows: the School Board would receive twenty-five percent of the net proceeds each year; $318 million of the proceeds would be disbursed for construction of a new Tampa stadium (with that amount subject to change should there be a significant change in the debt service costs for the new stadium) and any remaining proceeds would be distributed among the county and municipalities pursuant to the distribution formulae in section 218.62, Florida Statutes (1995).

Under the Stadium Agreement, Stadium Parcel Development Agreement and Practice Area Development and Lease Agreement entered into between the TSA and the Bucs, and with the approval of the County and the City, the TSA agreed to construct a new 65,000 seat community stadium with amenities at a cost of $168.5 million to serve as the Bucs' home field, as well as a $12 million training facility to be used by the Bucs. In general terms, the Stadium Agreement provides that the Bucs will utilize the stadium for thirty years and will pay the TSA a $3.5 million annual fee, with $2 million allocated to stadium rent, $1 million as practice facility rent and $500,000 as a fee for certain development rights granted to the Bucs with respect to the surrounding stadium property. The TSA will receive $1.93 million annually from a surcharge on tickets for Buc games and other stadium events, and will retain fifty percent of all revenues from non-Buc events beyond the first $2 million in proceeds from these events, which accrues to the Bucs.

PROCEEDINGS BELOW

The proceedings at issue here began on September 27, 1996, when Mr. William ("Bill") Poe, in his capacity as a Tampa area resident and taxpayer, filed a complaint seeking a declaration that the actions of the County, the City and the TSA with regard to incurring debts, using the taxing power and pledging public credit for the construction and operation of the proposed new Tampa stadium project violated article VII, section 10(c) of the Florida Constitution.[2] The complaint *675 further sought an order from the circuit court permanently enjoining and restraining the governmental agencies from unconstitutionally incurring debts, pledging tax monies and credit and expending public funds for the construction and operation of the new Tampa stadium project.

On December 26, 1996, the TSA, the County and the City filed a complaint seeking to validate a series of revenue bond issues for the construction and equipping of a new stadium, the acquisition and construction of a practice facility and the demolition of the existing stadium. The TSA proposes to issue up to $33 million in bonds supported by state sales tax monies,[3] 11.5 million in bonds supported by the local option four-cent tourist development tax, and $160 million in bonds supported by revenues to be realized from a county-wide local option half-cent sales tax.

Upon agreement of all parties, the two complaints were consolidated for a bench trial, which was held the first week of March 1997. Although the circuit court declined to validate the bonds sought to be issued by TSA, it found that the new stadium project would serve a paramount public purpose and the bonds would be valid but for one clause in the lease agreement which granted the Bucs the first $2 million in net revenues from non-Buccaneer events. In light of this clause, the court concluded that the stadium project served a predominantly private purpose. In its subsequent order denying rehearing, the trial court noted, however, that it would "validate the bonds if an agreement can be made between the Bucs, the City of Tampa, Hillsborough County and the Tampa Sports Authority to revise paragraph 10 of the Stadium Agreement to delete the clause that grants the right to the Bucs to receive the first $2 million per year from non-Bucs events." Both parties challenge the trial court's final order on appeal to this Court.

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695 So. 2d 672, 1997 WL 268914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poe-v-hillsborough-county-fla-1997.