SPECIAL TAX SCHOOL DIST. NO. 1 OF DUVAL CTY. v. State

123 So. 2d 316, 1960 Fla. LEXIS 2333
CourtSupreme Court of Florida
DecidedSeptember 28, 1960
StatusPublished
Cited by8 cases

This text of 123 So. 2d 316 (SPECIAL TAX SCHOOL DIST. NO. 1 OF DUVAL CTY. v. State) 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
SPECIAL TAX SCHOOL DIST. NO. 1 OF DUVAL CTY. v. State, 123 So. 2d 316, 1960 Fla. LEXIS 2333 (Fla. 1960).

Opinion

123 So.2d 316 (1960)

SPECIAL TAX SCHOOL DISTRICT NO. 1 OF DUVAL COUNTY, Florida, et al., Appellants,
v.
STATE of Florida et al., Appellees.

Supreme Court of Florida.

September 28, 1960.

*317 Elliott Adams and McCarthy, Lane & Adams, Jacksonville, for appellants.

William A. Hallowes, III, William D. Barfield, Jacksonville, and J. Lewis Hall of *318 Hall, Hartwell & Douglass, Tallahassee, for appellees.

DREW, Justice.

This appeal[1] comes directly to this Court to review a final decree of the Circuit Court of Duval County declining to validate $35,000,000 of bonds of Special Tax School District No. 1 of Duval County.[2] The validation of the bonds was opposed in the trial court by the State and two intervening taxpayers, respondents in this appellate proceeding.

The learned circuit judge declined to validate the bonds and dismissed the petition because of his conclusion that the proceedings leading up to and including the election were so infected with gross and substantial irregularities and failures to comply with mandatory provisions of the law that the reregistration of voters and the election were invalid and void. The principle points discussed in the opinion of the circuit judge and relied upon by him to support his decree which we deem necessary to discuss and dispose of in this opinion are as follows:

1. The failure to publish the notice requiring reregistration of voters once each week for four consecutive weeks as required by the applicable statute;[3]

2. The failure to keep the registration books open for a full thirty days and to close said registration books at least fourteen days prior to the holding of the election;[4] and

3. Allowing qualified electors who were freeholders (other than those who attained the status of freeholder after the closing of the registration books and prior to the election) to participate in such bond election without including in the list of qualified electors who were freeholders entitled to participate all of such qualified electors whose names appeared on the permanent registration books of said district.

Appellees here urge upon us the validity of each reason assigned by the circuit judge in declining to validate said bonds and, in addition thereto, argue that the reregistration statute,[5] for numerous reasons outlined in their briefs and ably presented in oral argument, is unconstitutional and invalid.

We preface the discussion of the above propositions by a brief recital of the events which transpired in calling and conducting the election as background and for a clear understanding of the various points presented on this appeal.

As required by the reregistration statute, the Board of Public Instruction, Duval County, determined the necessity for the issuance of the subject bonds, and called an election for December 22, 1959 for the purpose of submitting such question to the qualified electors of the district who were freeholders. At the same time the Board requested the Board of County Commissioners of Duval County to call for a reregistration of the qualified electors of said tax district who were *319 freeholders residing therein for the purpose of securing a new and up-to-date list of freeholders to be used in conducting said election.[6] Such request was granted and notice thereof was published in the Jacksonville Journal in its issue of October 26, 1959. The published notice provided that the registration books would be open for the purpose of reregistration from Sunday the 8th day of November, 1959 to and including Tuesday the 8th day of December, 1959 and would thereafter be closed until the day of said election.[7] For the purpose of understanding the issue involved in the publication of this notice, we emphasize the fact that a copy of such formal notice was published in only one issue of the newspaper. For the purpose of discussing a corollary or subsidiary issue, not raised or discussed by the parties directly but inherent in the arguments on the invalidity of the reregistration statutes, it should also be pointed out that the notice required all of the qualified electors of the district to register in the office of the Supervisor of Registration in the court house in the City of Jacksonville, Florida, between the hours of 9:00 o'clock a.m. and 5:00 o'clock p.m. of each day except Sundays.[8] On the date of the adoption of this resolution calling for a reregistration, there were approximately 94,000 qualified freeholders on the permanent registration records of the district.[9]

26,925 freeholders reregistered during the time the books remained open. At the election the total votes cast were 27,464 of which number 18,723 voted in favor of the bonds and 8,741 voted against. On the day of the election 6,190 persons who did not appear on the list of reregistered voters, but who qualified pursuant to the provisions of Section 100.241 (2) (d),[10] Florida Statutes, F.S.A. appeared at the polls, were determined by the election officials to be qualified electors on the permanent registration records,[11] made an affidavit of ownership of real property or presented a tax receipt showing payment of taxes on real property or presented a deed or certified copy thereof in his name as required by the aforesaid statute and were allowed to vote in the election. The record does not disclose whether all or any of these 6,190 voters appeared on the permanent registration records as freeholders. The record, of course, does not show *320 whether these individuals voted for or against the issue of bonds. The total number voting under this provision of the law, however, was used in determining the total number of freeholders who were qualified to participate in said election, that is to say, following the election, the Supervisor of Registration added 6,190 to his list of 26,925 who had reregistered and certified that the total thereof viz., 33,115 was the number of qualified electors who were freeholders entitled to participate in the election.[12]

Following the election the results were duly canvassed and resolutions were adopted declaring that a majority of the qualified electors of said district who were freeholders participated in said election and that a majority of those voted in favor of the issuance of said bonds, and that, therefore, the results of said election were such as to authorize the board to issue and sell said bonds.

We direct our attention first to the contention of respondents that the reregistration statute is unconstitutional and invalid.

We have carefully considered the argument on this point in the light of the previous holdings of this Court in the Sarasota[13] and Escambia[14] County cases and the effort to distinguish these cases from the one now under consideration. No useful purpose would be served by an extended discussion of our holding in both of the cited cases. We will, however, briefly observe that, insofar as the question of the constitutionality of the reregistration statute is concerned, the rationale of the Sarasota case is decisive. We pointed out there the reasons for our conclusion that the reregistration statute there under discussion was valid and constitutional.[15] The same reasons are *321 clearly applicable to the present general reregistration statutes.

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123 So. 2d 316, 1960 Fla. LEXIS 2333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/special-tax-school-dist-no-1-of-duval-cty-v-state-fla-1960.