State v. Florida Development Commission

142 So. 2d 69, 1962 Fla. LEXIS 2890
CourtSupreme Court of Florida
DecidedJune 7, 1962
DocketNo. 31557
StatusPublished
Cited by1 cases

This text of 142 So. 2d 69 (State v. Florida Development Commission) 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. Florida Development Commission, 142 So. 2d 69, 1962 Fla. LEXIS 2890 (Fla. 1962).

Opinion

ROBERTS, Chief Justice.

This cause is before us pursuant to an appeal from a decree of the Circuit Court of the Second Judicial Circuit in and for Leon County, validating $25,000,000 Florida Development Commission, University System Improvement Revenue Bonds, proposed to be issued by the Florida Development Commission to finance the construction of buildings and facilities for the universities of higher learning in Florida.

This court has jurisdiction by virtue of Article V, Section 4(2), Constitution of the State of Florida, F.S.A.

On February 16, 1962, the Board of Control of Florida adopted a resolution providing a method for the acquisition and construction of necessary capital improvements to the University System of Florida through a combined and consolidated capital improvements program and established a Revolving Trust Fund for the purpose of financing such capital improvements. Said capital improvements consisted of the construction, acquiring and equipping of numerous buildings at the University of Florida, Florida State University, University of South Florida, Boca Raton University, and Florida A. & M. University. It was pledged that all uncommitted student building fees charged each semester to all regularly enrolled students would be deposited into the Revolving Trust Fund. This resolution was approved by both the State Board of Education and the State Budget Commission.

The Florida Development Commission, on February 28th, 1962, adopted a resolution authorizing the issuance of not exceeding $25,000,000 revenue bonds to finance the cost of the proposed project and authorizing the leasing of the project to the Board of Control for rental payments sufficient to pay and discharge the principal and interest on the proposed revenue bonds. This resolution pledged that the rentals to be remitted to the Florida Development Commission would be paid from moneys on deposit in the Revolving Trust Fund of the Board of Control and, to the extent necessary, from such other funds of the Board of Control legally available for such purpose.

This resolution also expressly recited that such revenue bonds would not be obligations, directly or indirectly, of the State of Florida and that no holder thereof would have any right to require any appropriation by the Legislature of Florida for the payment of the rentals due under the Lease-[71]*71Purchase Agreement or for the payment of principal and interest on the revenue bonds.

On April 3, 1962, the State Board of Administration approved the proposed revenue bonds as to legal and fiscal sufficiency. Thereafter, the Lease-Purchase Agreement covering the proposed project was entered into between the Board of Control and the Florida Development Commission.

At the validation hearing in the lower court, evidence was introduced to prove that an urgent and immediate need for the acquisition and construction of the proposed project existed. It also showed that the potential growth of Florida, both industrially and from the standpoint of population, would place tremendous demands upon the University System in the future. If the necessary facilities are not provided, then this potential growth will be materially and adversely affected.

The evidence developed both from state sources and from an independent, nationally recognized firm of experts showed that the student building fees estimated to be realized over the life of the proposed revenue bonds would be in excess of the amounts required to fully pay principal and interest on the obligations when due. The testimony further demonstrated that the student building fees estimated to be collected from each university would be substantially in excess of the cost of the capital improvements to be expended for the benefit of each such university.

After a full hearing, the Circuit Judge entered a decree validating the proposed issue of said revenue bonds from which this appeal was taken.

The first question urged for determination is as follows:

“Can the Board of Control combine and consolidate certain capital improvements proposed to be acquired and constructed at the individual, universities into one complete project under the direction of the Board of Control and deposit into a common revolving trust fund the student building fees collected from each university?”

This question must be answered in the affirmative. Authority for a combined project of this type may be found in the statutory as well as case law.

Section 240.04, F.S.A., gives the Board of Control jurisdiction and complete management and control over each and every institution in the university system. The Board of Control is specifically empowered to:

“ * * * build, construct, change, enlarge, repair and maintain any and all the buildings or structures now in existence, or that may hereafter be necessary for each and every one of said institutions created and maintained by law; to purchase and acquire all lands and property necessary for same of every nature and description whatsoever; to care for and maintain the same, and to do and perform every other matter or thing requisite to the proper management, maintenance, support and control of each and every of the said institutions necessary or requisite to carry out fully the purposes of this chapter; and for raising to, and maintaining them at, the proper efficiency and standard as required in and by the provisions of law, but at all times subject to the supervision and control of the state board of education.”

Implicit in the foregoing statutory language is a grant of the power and the duty to perform the enumerated functions in the most economical and efficient manner. Nothing in Chapter 240 indicates that the Board may not combine the various projects of the University System for financing purposes so long as the proposed projects are within the scope of the Board’s responsibilities. Although the precise financial arrangement herein proposed [72]*72is not specifically referred to in the statute, authority for it is inherent within the broad statutory grant of power to build and construct any and all buildings that may be necessary for each and every one of the institutions in the University System.

Further, in several analogous situations we have previously approved the combining of separate facilities into one project for the purpose of financing by revenue certificates. We approved such combined project financing in State et al. v. Florida State Improvement Commission (Fla.1950) 48 So.2d 156, wherein the proceeds of validated bonds were used to finance extensions of and additions to existing State Farmers’ Markets located in Dade, Hardee and St. Lucie Counties. Our opinion in said case reflects the following helpful language:

“We are concerned here with extension to three different projects in widely separated places, each to be operated separately producing incomes in different amounts. The proposition is to pool the income from the three projects and apply it to the indebtedness of all without regard to the amount each produces. We think -that part of the quoted statute immediately preceding and following the proviso when read with Section 603.16, Florida Statutes 1941, F.S.A., completely negatives appellant’s contention. Section 603.16, in defining the powers of the State Agricultural Marketing Board authorizes it to acquire sites and erect the necessary marketing facilities thereon. In so doing, the Board is not confined to facilities in a single county or to a single facility.

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Related

State v. Florida Development Commission
191 So. 2d 267 (Supreme Court of Florida, 1966)

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Bluebook (online)
142 So. 2d 69, 1962 Fla. LEXIS 2890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-florida-development-commission-fla-1962.