Stewart v. DeLand-Lake Helen Special Road & Bridge District

71 So. 42, 71 Fla. 158
CourtSupreme Court of Florida
DecidedFebruary 15, 1916
StatusPublished
Cited by79 cases

This text of 71 So. 42 (Stewart v. DeLand-Lake Helen Special Road & Bridge District) 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
Stewart v. DeLand-Lake Helen Special Road & Bridge District, 71 So. 42, 71 Fla. 158 (Fla. 1916).

Opinion

Shackleford, J.,

(after stating the facts.) — Voluminous briefs have been filed by the respective counsel in this cause, in which numerous authorities are cited, and we have also been favored, with oral arguments. We shall treat such points as seem to be necessary for a proper disposition of the case.

Instead of arguing the assignments as made in detail, the appellant has announced that he relies for a reversal of the order from which the appeal was entered upon four propositions of law, the first of which he states in his brief as follows :

“The first proposition is that Chapter 5762 Acts of the year 1907, entitled: ‘An Act for the improvement of public roads and bridges in Volusia County, providing for the employment of convicts under certain conditions, and, for the levy of a road and bridge tax and the means of its expenditure’ is now in force and effect in Volusia County, Florida, and that Chapter 6208, laws of Florida, Acts of 1911, under the provision of which act the bonds are alleged in the petition to have been voted, is inapplicable to Volusia County, as the construction and [174]*174repair of all roads and bridges in Volusia County, as well as the levying of Special taxes and the limitation as to the amount Volusia County can tax for road and bridge purposes is governed by special act of the Legislature of Florida, to-wit, Section 5762, Laws of Florida, Acts of 1907, which is now in force and has not been repealed, and that Section 6208, Laws of Florida, 1911, has no effect in Volusia County, and that Section 5762, Laws of Florida, Acts 1907, regulates the manner in which all roads and bridges shall be constructed in Volusia County, Florida, as well as the manner in which the revenue shall be derived for constructing and repairing the same, as well as imposing a limitation as to the amount that can be taxed against the property in Volusia County.”

Chapter 5762 of the Laws of Florida, (Acts of 1907, page 291), which the appellant contends has never been repealed, either directly or by necessary implication, therefore remains in full force and effect bears the following title:

“An Act for the improvement of the Public Roads and Bridges in Volusia County, Providing for the Employment of Convicts Under Certain Conditions and for the Levy and Collection of a Road and Bridge Tax, and the Means of Its Expenditure.”

As is apparent at a glance, this is a local law, relating to Volusia County in the particulars and for the purposes therein specified, and does not undertake to provide for or authorize the issuance of any bonds for road and bridge purposes but relates only to the levy and collection of a road and, bridge tax, and the means of its expenditure. Chapter 6208 of the Laws of Florida (Acts of 1911, page 167), is a general law, applicable throughout the State, being entitled:

[175]*175"An Act to Authorize the Counties of the State of Florida to Create and Constitute Special. Road and Bridge Districts, Within Said Counties; and to Issue Bonds and Levy and Collect a Special Road and Bridge Tax With Which to Pay for the Construction, Repair and Maintenance of the Roads and Bridges Within Said Special Roads and Bridge Districts.”

Section 1 thereof expressly provides that “whenever residents of any territory embraced wholly or in part in one or more Road Districts, as at that time constituted in any county of the State of Florida, desire to have such territory constituted into a ‘Special Road and Bridge District’ and to have constructed within said Special District, permanent roads and bridges, they shall present to the Board of County Commissioners, a petition,” etc. We would also call attention to Sections 15 and 16 of such Chapter 6208, which are as follows:

“Sec. 15. That after the construction of the roads and bridges authorized by the Special Election, the Board of County Commissioners shall estimate from year to year, the amount necessary to keep in repair and, maintain the roads and bridges within said Special Road and Bridge District; and shall assess annually all taxable property within the said Special District, a tax not exceeding ten mills on the dollar, which said tax shall be collected and paid into the Special Road and Bridge Fund of that Special District, and used solely by the County Commissioners for the repair and maintenance of the roads and bridges within said Special Road and Bridge District.
Sec. 16. That any Special Road and Bridge District created under authority of this Act, shall be entitled to receive for the repair and maintenance of the Roads and Bridges in said District, its due proportion of the Coun[176]*176ty Tax levied and collected upon the taxable property of the county for general road purposes; and the Special Tax provided for in Section 15 of this Act, shall be levied and collected on the taxable property in said Special District, only for such repair and maintenance of the Roads and Bridges in said Special District, that cannot 'be paid for from its proportion of the general County Road Tax.”

Section 18 of such Chapter expressly repeals all laws and parts of laws in conflict therewith.

As early as the case of Luke v. State, 5 Fla. 185, this Court held: “The maxim of 'leges posteriores priores contrarias abroganf is not applicable to cases where the precedent act is special or particular, and the subsequent act is general, the rule being that a later general act does not work any repeal of a former particular statute.” In the body of the opinion on page 194 it is said: “As a general rule, it is true, that every affirmative statute is a repeal by implication, of a precedent affirmative statute, so far as it is contrary thereto; leges posteriores priores contrarias abrogant — but to apply this-maxim of the law, it is necessary that the two acts be in conflict which is not the case here.” The opinion then proceeds to state, “applying another rule in the interpretation or construction of statutes, the later general act does not work any repeal of a former particular act.” Likewise in State v. Southern Land and Timber Co., 45 Fla. 374, 33 South. Rep. 999, we held: “In the construction of general and special acts the maxim generalia specialibus non deroganf applies, and a general act will not be held to repeal or modify a special one embraced within the general terms of the general act, unless the general act is a general revision of the whole subject, or unless the two acts are so repugnant and irreconcilable as to indicate [177]*177a legislative intent that the one should repeal or modify the other.”

In State ex rel. Gonzalez v. Palmes, 23 Fla. 620, 3 South. Rep. 171, we held: “One statute will not be held to repeal a former one unless there is a positive repugnancy between the two, or the latter was clearly intended to prescribe the only rule which should govern the case provided for, or it revises the subject matter of the former, or expressly repeals it.” See also the discussion in City of Tampa v. Prince, 63 Fla. 387, 58 South. Rep. 542. As we said in Smith v. Milton, 61 Fla. 745, text 764, 54 South. Rep. 719, “The invariable rule of construction in respect to the repealing of statutes by implication, is, that the earliest act remains in force, unless the two are manifestly inconsistent with and repugnant to each other.” In State ex rel. Loftin v. McMillan, 55 Fla. 246, 45 South. Rep. 882, we held as follows:

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Bluebook (online)
71 So. 42, 71 Fla. 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-deland-lake-helen-special-road-bridge-district-fla-1916.