THE STATE OF FLORIDA AND OTHERS,
v.
THE BOARD OF PUBLIC INSTRUCTION OF HILLSBOROUGH COUNTY, FLORIDA, AND ON BEHALF OF SPECIAL TAX SCHOOL DISTRICT NO. 50 OF HILLSBOROUGH COUNTY
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The Florida Supreme Court affirmed a lower court's validation of a $155,000,000 bond issue for a school district. The court rejected arguments that the proceedings were defective for failing to disclose bond maturities and for not adhering to a constitutional requirement for annual installment payments.
No, the bond validation proceedings are not fatally defective. The court held that the disclosed information was sufficient and that the constitutional requirement for annual installments was met.
“From a final decree entered by the Circuit Court of Hills-borough County, Florida, validating, approving and confirming the issuance of bonds in the sum of $155,000,000 by the Board of Public Instruction of Hillsborough County, Florida, in behalf of School District No. 50 of said County, an appeal has been perfected here.”
Establishes the procedural posture and the subject of the appeal.
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Join FLexlaw to unlock all legal intelligenceThe Board of Public Instruction of Hillsborough County sought to issue $155,000,000 in bonds for School District No. 50. A bond election was held, and…
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From a final decree entered by the Circuit Court of Hills-borough County, Florida, validating, approving and confirming the issuance of bonds in the sum of $155,000,000 by the Board of Public Instruction of Hillsborough County, Florida, in behalf of School District No. 50 of said County, an appeal has been perfected here. The first contention made is that the validation proceedings are fatally defective because (a) the resolution as adopted by the Board of Public Instruction calling for a bond election and (b) the notice of the election as published each fail to disclose the maturities of the proposed bond issue. That the validation proceedings are fatally defective in that it violates the provision of Section 17 of Article 12 of the Constitution viz: “Each annual installment shall not be less than 3% of the total amount of the issue.”
It clearly appears by the record that a majority of the freeholders of the School District No. 50 of Hillsborough County, Florida, approved at the election the issuance of the bond issue. The Chancellor below in the validation decree expressed the view that the amounts and date of payment of *413periodical installments of the bonds were surplusage and legal information wholly unnecessary. We have examined the several contentions made by counsel for the appellants for a reversal of the validation decree and hold that the same are without merit.
Affirmed.
TERRELL, BUFORD and ADAMS, JJ., concur.
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