BERNARD J. PENN, APPELLANT,
v.
FLORIDA DEFENSE FINANCE AND ACCOUNTING SERVICE CENTER AUTHORITY, ETC., ET AL., APPELLEES

Fla. | 1993-06-24
No. 81201
BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.
623 So. 2d 459 Florida Supreme Court (1993) Positive Treatment
Cited by 6 cases

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Holding

The court held that the bond issue validation was proper, affirming the trial court's judgment.


Headnotes

[1] A trial court has jurisdiction to validate a bond issue when authorized by statute and the Florida Constitution.

[2] A twenty-day period between notice publication and a hearing is satisfied when the final day falls on a Sunday, and the hearing is scheduled for the next business day.

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Facts & Procedural History

The Florida Defense Finance and Accounting Service Center Authority, along with Escambia County and the City of Pensacola, authorized a $100,000,000 b…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We have on appeal a final judgment of the Escambia County Circuit Court validating a $100,000,000.00 bond issue. We have jurisdiction. Art. V, § 3(b)(2), Fla. Const. In 1992, the Florida Defense Finance and Accounting Service Center Authority (the Authority), together with the governments of Escambia County and the City of Pensacola, adopted resolutions authorizing the bond issue that is the subject of this cause, for the purpose of making improvements to assist the Department of Defense in improving its facilities in Escambia County. The bonds are to be issued solely in the name of the Authority, which itself has no taxing powers.

On December 11, 1992, the Authority filed suit for the purpose of validating the bond issue, and the same day the circuit court entered a show-cause order that subsequently was published in the form of a notice in a newspaper of general circulation in Escambia County. The hearing on the order was scheduled for January 4, 1998.

On or about December 10 and 11,1992, the city and county approved emergency ordinances establishing trust funds and taking other actions to provide security for the bond issue. Under the ordinances, the bonds will be secured by lease payments from the city and county, which in turn are secured by tax increment revenues measured in part by future increases in ad valorem tax receipts. Any shortfall will be made whole by non-ad valorem revenues, but the bondholders’ lien attaches only to monies actually deposited in the trust funds. The city and county contended that the ordinances had to be approved on an emergency basis in order to meet a Department of Defense deadline.

The State Attorney filed an answer on December 31, 1992, and the same day Bernard J. Penn filed a “Motion for Continuance and Answer.”

The trial court apparently was unaware that Penn had filed his Motion, and on January 4,1993, the judge entered final judgment after permitting Penn to make oral statements to the court. Penn filed for rehearing, and the Authority moved to strike his pleadings. A further hearing was held on January 15,1993, at which time the trial court permitted Penn to speak again and present evidence and testimony. The judge then denied the Authority’s motion to strike but also denied Penn’s motion for rehearing. Penn subsequently filed his notice of appeal.1

First, Penn argues that the Escambia County Circuit Court lacked jurisdiction over this cause. We find this argument without merit. Compare § 75.02, Fla.Stat. (1991) with § 163.01(13), Fla.Stat. (1991); see art. V, § 5(b), Fla. Const. .

Second, Penn contends that the requisite twenty-day period between publication of the notice and the date of the hearing was not honored. See Fla.R.Civ.P. 1.090 (1991). Penn appears to suggest that the hearing could not properly have been held until January 5,1993, or some day thereafter. We find this argument without merit. The twenty-day period ended on Sunday, January 3, 1993; and the trial court properly honored the rule by delaying the hearing until the next business day. Id.

Third, Penn argues that the city and county governments improperly approved their emergency ordinances. In this regard, the trial court accepted the city and county governments’ contention that they did so in part to meet a Department of Defense deadline. We find nothing in the record to contradict this contention, which is supported, by substantial competent evidence. That being the case, we may not disturb the finding on appeal. Moreover, many of Penn’s contentions in this regard appear to raise what are essentially political questions, which this Court has no power to resolve. Voters discontent with the actions of the city and county governments remain free to express their disapproval at the ballot box when city and county officials are elected.

Fourth, Penn argues that the financing mechanism employed in this instance violates article VII, section 12 of the Florida Constitution.2 We find the financing mecha nism at issue here indistinguishable from that approved in State v. Miami Beach Redevelopment Agency, 392 So. 2d 875 (Fla.1980). Accordingly, there is no merit in Penn’s argument in this regard.

Fifth, Penn appears to argue that chapter 163, Florida Statutes, violates the common law, the Constitution of Florida, and the Fifth and Fourteenth Amendments of the United States Constitution. We find this argument meritless, irrelevant, and procedurally barred for Penn’s failure to raise it below.

Sixth, Penn appears to argue that the twenty-day period between publication of the notice and the hearing below was too short and violated the Florida and federal guarantees of due process. We find this argument without merit.

Seventh, Penn challenges the procedures used below on grounds they exhibited unfairness and failed to comply with the requirements of the law. After reviewing the record, we find no merit to this argument.

Eighth, Penn contends that the final judgment below violates article I, section 8 of the United States Constitution. Penn appears to suggest that the city and county government improperly have usurped Congress’ authority to raise revenue to support armies. We find this argument meritless. Nothing in the Florida or federal constitutions prohibits a local government from using its own resources to encourage the continued operation of military facilities of benefit to the local community.

For the foregoing reasons, the final judgment entered by the court below is in all respects affirmed.

It is so ordered.

BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur. . For purposes of this appeal, we assume ar-guendo that Penn did not forfeit his right to an appeal by his actions or inactions below.

. This provision states:

Counties, school districts, municipalities, special districts and local governmental bodies with taxing powers may issue bonds, certificates of indebtedness or any form of tax anticipation certificates, payable from ad valorem taxation and maturing more than twelve months after issuance only:
(a) to finance or refinance capital projects authorized by law and only when approved by vote of the electors who are owners of freeholds therein not wholly exempt from taxation; or (b) to refund outstanding bonds and interest and redemption premium thereon at a lower net average interest cost rate.

Art. VII, § 12, Fla. Const.


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Citator

Cited By

  • …hould have given actual notice to each property owner that validation of the mandatory connection ordinance would be considered during the bond validation proceeding. However, in Penn v. Florida Defense Finance & Accounting Service Center Authority, 623 So. 2d 459, 462 (Fla.1993), this Court held that the statutory twenty-day period between publication of notice and the bond validation hearing did not violate the Florida and federal guarantees of due process. Thus, the Court necessarily concluded that such co…
  • City OF Parker v. State, 992 So. 2d 171 (Fla. 2008)
    …also failed to explain how the premise underlying Miami Beach comports with the plain meaning and purpose of article VII, section 12. See State v. Inland Prot. Corp., 699 So. 2d 1352 (Fla.1997); Penn v. Fla. Def. Fin. & Accounting Serv. Ctr. Auth., 623 So. 2d 459 (Fla.1993); State v. School Bd. of Sarasota County, 561 So. 2d 549 (Fla.1990). As a result, a majority of this Court has never substantively addressed the arguments of this dissent or even the arguments of the dissent in Miami Beach. . Specifically…
  • Strand v. Escambia Cnty., 992 So. 2d 150 (Fla. 2008)
    …he authority to issue the bonds and that the bonds were not subject to referendum pursuant to article VII, section 12. The circuit court cited to our decisions in Miami Beach and Penn v. Florida Defense Finance & Accounting Service Center Authority, 623 So. 2d 459 (Fla.1993). Dr. Strand, the intervenor, appeals that final judgment. II. STANDARD OF REVIEW In City of Gainesville v. State, 863 So. 2d 138, 143 (Fla.2003), this Court explained the scope of a bond validation proceeding as follows: We have previo…

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