State v. DIVISION OF BOND FINANCE OF DEPT. OF GEN. SERV.

278 So. 2d 614
CourtSupreme Court of Florida
DecidedMay 30, 1973
Docket43353
StatusPublished
Cited by14 cases

This text of 278 So. 2d 614 (State v. DIVISION OF BOND FINANCE OF DEPT. OF GEN. SERV.) 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
State v. DIVISION OF BOND FINANCE OF DEPT. OF GEN. SERV., 278 So. 2d 614 (Fla. 1973).

Opinion

278 So.2d 614 (1973)

STATE of Florida, Etc., Appellant,
v.
DIVISION OF BOND FINANCE OF the DEPARTMENT OF GENERAL SERVICES, Etc., Appellee.

No. 43353.

Supreme Court of Florida.

May 30, 1973.

*615 Harry Morrison, State's Atty., for appellant.

Arnold L. Greenfield and Robert E. Niro, Tallahassee, for appellee.

ROBERTS, Acting Chief Justice.

This cause is before us on direct appeal from a final judgment of the Circuit Court of the Second Judicial Circuit in and for Leon County, validating and confirming the issuance of State of Florida Full Faith and Credit Pollution Control Bonds, Series A, in the aggregate principal amount of not to exceed $58,900,000. We have jurisdiction by direct appeal pursuant to Article V, Section 3(b)(2), Florida Constitution, F.S.A.

After summarizing the evidence in a lengthy and well-reasoned order and after setting out in detail the compliance with constitutional and statutory provisions, the Circuit Court properly concluded as evidenced by the record before us that all requirements and provisions of the Constitution and laws of the State of Florida pertaining to proceedings in the above-entitled manner have been strictly followed, specifically including but without limitation the requirements and provisions of Article VII, Section 14 of the Florida Constitution.

This is a case of first impression seeking to validate State Full Faith and Credit Bonds issued pursuant to Article VII, Section 14, Florida Constitution, and Section 403.1834, Florida Statutes, F.S.A. There were no intervenors or objections from private citizens. Only the State Attorney sought to show cause why the bonds authorized should not be validated.

This proceeding is anchored to Article VII, Section 14, Florida Constitution, which was adopted in 1970 and which provides:

"Bonds for pollution control and abatement facilities. —
(a) When authorized by law, state bonds pledging the full faith and credit of the state may be issued without an election to finance the construction of air and water pollution control and abatement and solid waste disposal facilities (herein referred to as `facilities') to be operated by any municipality, county, district or authority, or any agency thereof (herein referred to *616 as `local governmental agencies'), or by any agency of the State of Florida. Such bonds shall be secured by a pledge of and shall be payable primarily from all or any part of revenues to be derived from operation of such facilities, special assessments, rentals to be received under lease-purchase agreements herein provided for, any other revenues that may be legally available for such purpose, including revenues from other facilities, or any combination thereof (herein collectively referred to as `pledged revenues'), and shall be additionally secured by the full faith and credit of the State of Florida.
(b) No such bonds shall be issued unless a state fiscal agency, created by law, has made a determination that in no state fiscal year will the debt service requirements of the bonds proposed to be issued and all other bonds secured by the pledged revenues exceed seventy-five (75) per cent of the pledged revenues.
(c) The state may lease any of such facilities to any local governmental agency, under lease-purchase agreements for such periods and under such other terms and conditions as may be mutually agreed upon. The local governmental agencies may pledge the revenues derived from such leased facilities or any other available funds for the payment of rentals thereunder; and, in addition, the full faith and credit and taxing power of such local governmental agencies may be pledged for the payment of such rentals without any election of freeholder electors or qualified electors.
(d) The state may also issue such bonds for the purpose of loaning money to local government mental agencies, for the construction of such facilities to be owned or operated by any of such local governmental agencies. Such loans shall bear interest at not more than one-half of one per cent per annum greater than the last preceding issue of state bonds pursuant to this section, shall be secured by the pledged revenues, and may be additionally secured by the full faith and credit of the local governmental agencies.
(e) The total outstanding principal of state bonds issued pursuant to this section 14 shall never exceed fifty per cent of the total tax revenues of the state for the two preceding fiscal years." (emphasis supplied)

Section 403.1834, Florida Statutes, F.S.A. (Chapter 70-270, Laws of Florida) the required implementing statute to the aforecited constitutional provisions sets out the following procedures:

"State bonds to finance facilities. —
(1) The issuance of state bonds to finance the construction of air and water pollution control and abatement and solid waste disposal facilities, payable primarily from the pledged revenues provided for by § 14, Art. VII of the state constitution or from such pledged revenues and the full faith and credit of any county, municipality, district, authority, or any agency thereof, and pledging the full faith and credit of the State of Florida as additional security, is authorized, subject and pursuant to the provisions of § 14, Art. VII of the State constitution, the provisions of the state bond act, §§ 215.57-215.83, as amended, and the provisions of this section.
(2) The state board of administration is designated as the state fiscal agency to make the determinations required by § 14, Art. VII of the state constitution in connection with the issuance of such bonds.
(3) The amount of the state bonds to be issued shall be determined by the division of bond finance of the department of general services. However, the total principal amount issued shall not exceed one hundred million dollars in any state fiscal year.
(4) The facilities to be financed with the proceeds of such state bonds shall be *617 determined and approved by the department of pollution control, and may be constructed, acquired, maintained, and operated by any county, municipality, district, or authority, or any agency thereof, or by said department.
(5) The department of pollution control and the division of bond finance of the department of general services are hereby authorized to enter into lease-purchase agreements between such departments or to enter into lease-purchase agreements or loan agreements between either of such departments and any county, municipality, district, or authority, or any agency thereof, for such periods and under such other terms and conditions as may be mutually agreed upon by the parties thereto in order to carry out the purposes of § 14, Art. VII of the state constitution, and this section.
(6) The department of pollution control shall have power to fix, establish, and collect fees, rentals, or other charges for the use or benefit of said facilities, or may delegate such power to any county, municipality, district, authority, or any agency thereof under such terms and conditions and for such periods as may be mutually agreed upon.

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Bluebook (online)
278 So. 2d 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-division-of-bond-finance-of-dept-of-gen-serv-fla-1973.