BREVARD COUNTY, FLORIDA,
v.
THE BOARD OF PUBLIC INSTRUCTION OF BREVARD COUNTY, FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The 1939 School Code implicitly repealed the 1935 local act creating Special Tax School District No. 5 because the Code was a comprehensive revision of school laws and expressly repealed conflicting acts.
A local act created a special school district in 1935, which was ratified by election in 1947. The district proposed to issue bonds, but a question ar…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Implied Repeal Of Statutes cases and more on FLexlaw
Brevard County filed a bill against the Board of Public Instruction of Brevard County for a declaratory judgment.
In 1935, Chapter 17499 was enacted as a local law creating Special Tax School District No. 5 in Brevard County. The Act *870was only to take effect when ratified by an election. The election was not held until 1947 which resulted in an approval of the Act. The District proposed to issue bonds; a question arose regarding the legality of the District and this suit was filed. The lower court held the District duly constituted and competent to issue the bonds.
On this appeal we consider the one question determinative of the case: Was the local act repealed by the School Code of 1939? (Chapter 19355).
When the Legislature makes a complete revision of a subject it is an implied repeal of earlier acts dealing with the same subject unless an intent to the contrary is shown. State ex rel. Bradford v. Stoutamire, 98 Fla. 486, 123 So. 834; Jernigan v. Holden et al., 34 Fla. 530, 16 So. 413; Realty Bond & Share Co. v. Englar, 104 Fla. 329, 143 So. 152.
In this instance Section 106 of Chapter 19355 expressly repealed all local and general acts in conflict, subject to certain exceptions not here relevant. Turning to Article 5 of Chapter 19355 we find numerous provisions dealing with the creation and manner of operating special school districts all of which evidence a clear conflict with the provisions of the 1935 Special Act in question. Chapter 19355 was a comprehensive compilation of the school laws of Florida. It was designated as the Florida School Code and was designed for a uniformity and greater security and economy of operation.
From what we have said the decree is reversed.
Reversed.
THOMAS, C. J., TERRELL, BUFORD, CHAPMAN, SE-BRING and BARNS, JJ.,. concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State of Fla. ex rel. Charles E. Limpus v. Newell, 85 So. 2d 124 (Fla. 1956)…nclusion that it is in -fact a restatement or general revision of the election laws of this state. This being true, it has the effect of repealing all local laws upon the same subject. Brevard County v. Board of Public Instruction of Brevard County, 159 Fla. 869, 33 So. 2d 54; City of Miami v. Kichinko, 156 Fla. 128, 22 So. 2d 627; American Bakeries Co. v. City of Haines City, 131 Fla. 790, 180 So. 524; State ex rel. First Savings & Trust Co. of Tampa v. Sholtz, 125 Fla. 361, 169 So. 849; Langston v. Lundsf…
-
Oldham v. Rooks, 361 So. 2d 140 (Fla. 1978)…ing with the same subject unless an intent to the contrary is shown. Orange City Water Co. v. Town of Orange City, 255 So. 2d 257 (Fla.1971); State v. Newell, 85 So. 2d 124 (Fla.1956); Brevard County v. Board of Public Instruction of Brevard County, 159 Fla. 869, 33 So. 2d 54 (1947). It could be argued that there was a continued field of operation for Section 839.07, Florida Statutes (1973), after enactment of Chapter 67-469, Laws of Florida, because the former imposed criminal penalties for self-dealing by…
-
Dep't OF Revenue v. Amrep Corp., 358 So. 2d 1343 (Fla. 1978)…r, where there is a complete and general revision of a subject by the legislature. See Orange City Water Co. v. Town of Orange City, 255 So. 2d 257 (Fla.1971); State v. Newell, 85 So. 2d 124 (Fla.1956); Brevard County v. Board of Public Instruction, 159 Fla. 869, 33 So. 2d 54 (1947); Realty Bond and Share Co. v. Englar, 104 Fla. 329, 143 So. 152 (1932). Appellant concedes that Department of Revenue v. University Square, Inc., 336 So. 2d 371 (Fla. 1st DCA 1975), cert. denied, 342 So. 2d 1101 (Fla.1977), is c…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Realty Bond & Share Co. v. Englar, 104 Fla. 329 (Fla. 1932)
- State v. Stoutamire, 98 Fla. 486 (Fla. 1929)
- Jernigan v. Holden, 34 Fla. 530 (Fla. 1894)