Roper v. City of Clearwater

796 So. 2d 1159, 26 Fla. L. Weekly Supp. 535, 2001 Fla. LEXIS 1661, 2001 WL 950273
CourtSupreme Court of Florida
DecidedAugust 23, 2001
DocketSC01-796
StatusPublished

This text of 796 So. 2d 1159 (Roper v. City of Clearwater) 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
Roper v. City of Clearwater, 796 So. 2d 1159, 26 Fla. L. Weekly Supp. 535, 2001 Fla. LEXIS 1661, 2001 WL 950273 (Fla. 2001).

Opinion

796 So.2d 1159 (2001)

Dennis ROPER, Appellant,
v.
CITY OF CLEARWATER, Appellee.

No. SC01-796.

Supreme Court of Florida.

August 23, 2001.

Patrick T. Maguire, Clearwater, FL, for Appellant.

Pamela K. Akin, City Attorney, City of Clearwater, Clearwater, FL; and Robert C. Reid, Randall W. Hanna, and Kenneth A. Guckenberger of Bryant, Miller and Olive, P.A., Tallahassee, FL, for Appellee.

LEWIS, J.

We have for review an appeal from the circuit court's order validating the City of Clearwater's proposed revenue bonds to be used in funding the development of a new major league baseball spring training facility. We have jurisdiction pursuant to article V, section 3(b)(2) of the Florida Constitution, and affirm the decision below.

MATERIAL FACTS AND PROCEEDINGS BELOW

Appellee, the City of Clearwater, Florida (the "City") proposed to issue certain Revenue Bonds (Spring Training Facility), Series 2001 (the "Bonds"), intending to use the proceeds to finance a portion of the cost of constructing and equipping a new major league baseball spring training facility (the "Spring Training Project"). The City has hosted the spring training activities of the Philadelphia Phillies major league baseball franchise ("The Phillies") for fifty-five years. These activities have *1160 historically been conducted at Jack Russell Stadium and the Carpenter Field complex.

In authorizing the Bonds, the Clearwater City Commission (the "City Commission") determined that the Philadelphia Phillies franchise generates a significant economic impact in the City and County as a direct result of the annual spring training activities, reportedly approximating $24.5 million each year. The Spring Training Project, which would replace the existing facility located within the City's corporate limits, would comprise a 7,000 seat baseball stadium, practice fields and related office and training facilities. It would be operated on behalf of the City by The Phillies in accordance with a Sports Facility Use Agreement (the "Use Agreement"). Pursuant to the Use Agreement, The Phillies will have primary responsibility for ongoing maintenance of the Spring Training Project.

At issue is the effect of Article IX of the Charter of the City of Clearwater (the "Charter")[1] on the issuance of the Bonds. Article IX requires a referendum if the bond issue exceeds $1 million, unless certain exceptions apply. One such exception applies to bonds which are revenue bonds for projects for "industrial development." In authorizing issuance of the Bonds,[2] the City Commission determined that the Spring Training Project was a project "for industrial development" as described in the Charter. It made this determination[3]*1161 based both upon a finding that the Spring Training Project generates a significant economic impact in the City and the County as a direct result of the spring training activities which occur within the City each year, and because the Spring Training Project, as a "Tourism Facility" within the meaning of section 159.27(11), Florida Statutes (2000), is included in the definition of an "industrial development project" as set forth in section 159.27(5), Florida Statutes.

On January 18, 2001, in accordance with Article IX of the City's Charter, the City Commission enacted Ordinance No. 6675-01 (the "Bond Ordinance"), providing for the issuance of the Bonds. As authority for the ordinance, the City cited "Chapter 166, Part II, Florida Statutes [the Municipal Home Rule Powers Act], and other applicable provisions of law." On January 1, 2001, the City was certified by the State of Florida as a "facility for a retained spring training franchise" in accordance with section 288.1162, Florida Statutes (2000). As the result of such certification, the City will receive monthly payments from the State of Florida pursuant to section 212.20, Florida Statutes (2000), in an annual amount of $500,000 a year for thirty years.

In December, 2000, the City and Pinellas County, Florida, entered into an Inter-local Agreement, pursuant to which Pinellas County will make monthly payments to the City in the annual amount of $587,650 for a period of twenty years. These two revenue streams (from the County and the State) are the sole source of repayment of the Bonds, and no funds or other assets of the City are pledged to repay the Bonds. Pursuant to the Use Agreement, the City must provide bond proceeds for payment of a portion of the costs of the Spring Training Project by no later than October 1, 2001.

Based upon this proposal, the City filed a complaint in circuit court, seeking to validate the Bonds. The appellant here, as a citizen and taxpayer, opposed validation, arguing that, because the City, in authorizing issuance of the bonds, had used the definition of a "project of industrial development" contained in section 159.2711, Florida Statutes (2000), it was required to comply with all applicable provisions of chapter 159. The City asserted that, while it had looked to section 159.27 for guidance in defining a project "for industrial development" as contained in its Charter (because the Charter did not provide a definition), it had not relied on chapter 159 as authority to issue the Bonds.

The trial court entered a final judgment validating the Bonds. In so doing, it determined, inter alia, that the "Charter permits the City to issue revenue bonds in excess of one million dollars without a referendum, if the bonds are to finance a project `for industrial development,'" and that the City was "not required to submit the issue to a Referendum." This timely appeal followed.

ANALYSIS

This Court's scope of review in bond validation cases is limited to the following issues: (1) whether the public body has the authority to issue the bonds; (2) whether the purpose of the obligation is legal; and (3) whether the bond issuance complies with the requirements of the law. *1162 See Poe v. Hillsborough County, 695 So.2d 672, 675 (Fla.1997). Here, appellant's challenge focuses on the City's authority to issue the bonds without complying with the requirements of chapter 159. However, in Pinellas County v. State, 776 So.2d 262 (Fla.2001), this issue appears to have been resolved contrary to appellant's position.

In Pinellas County, the County had proposed to incorporate a reclaimed water service component into its existing water and sewer facilities. It proposed to fund this project with sewer revenue bonds. Some of the affected municipalities which would be served by the project opposed the bond validation. The trial court denied the County's request to validate the bonds, finding that, pursuant to chapter 153, Florida Statutes, the County was required to obtain the additional consent of the municipalities within the service area (which it had not done) before adding a reclaimed water system to the existing water services. This Court reversed, holding that "the County, which was authorized by its home rule charter powers and the Special Acts to add reclaimed water improvements to its existing water and sewer system, was not required to comply with additional requirements of chapter 153, Florida Statutes, where it neither relied, nor was required to rely, upon such supplemental authority." Pinellas County, 776 So.2d 262, 264-65 (footnote omitted).

Here, as in Pinellas County, the local government acted pursuant to its home rule charter powers in authorizing issuance of the bonds in question.

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Bluebook (online)
796 So. 2d 1159, 26 Fla. L. Weekly Supp. 535, 2001 Fla. LEXIS 1661, 2001 WL 950273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roper-v-city-of-clearwater-fla-2001.