MALLORY B. BARROW, ET AL., AS MEMBERS OF BOARD OF PUBLIC INSTRUCTION OF OKALOOSA COUNTY,
v.
D. F. SMITH
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A taxpayer challenged a 1925 Florida statute authorizing monthly salary payments to members of a county school board, arguing the statute violated the state constitution and was inapplicable because the county's assessed valuation fell below the statutory minimum. The Florida Supreme Court affirmed the denial of the defendants' motion to dismiss, allowing the taxpayer's challenge to proceed.
The court affirmed the denial of the motion to dismiss, holding that the taxpayer adequately stated grounds for enjoining the salary payments both on constitutional grounds and on the basis that the county's assessed valuation did not meet the statutory minimum of $2,800,000, making the board members ineligible for the specified compensation.
“That a taxpaying citizen may enjoin an unauthorized expenditure of public funds is well settled in this jurisdiction.”
Establishes the core principle that taxpayers have standing to challenge improper public expenditures.
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Join FLexlaw to unlock all legal intelligenceThe bill of complaint was filed by a citizen and taxpayer of Okaloosa County seeking to enjoin payment of $35.00 monthly salaries to members of the Bo…
The full statement of facts, procedural history, and disposition for this case are member content.
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The appeal here is from an order denying motion to dismiss the bill of complaint. The bill of com*469plaint was one exhibited by a citizen and taxpayer of Okaloosa County, seeking to enjoin the payment of Salaries in the sum of $35.00 each per month to the members of the Board of Public Instruction of Okaloosa County which is purported to be authorized under the provisions of Chapter 10052, Acts of the Legislature of 1925.
The bill of complaint not only alleges that the Act of the Legislature is void because it offends’ against Sections 20 and 21 of Article III of the Constitution, but also because of the further fact that at the time the bill was filed the assessed valuation of the taxable property in Okaloosa County was less than $2,800,000.00, and was at that time in the s'um of $1,621,414.00. The latter allegation is sufficient to show that the members of the Board of Public Instruction are not entitled to be paid the sum of $35.00 per month as salaries under the provisions of the Act.
Section 1 of the Act under consideration provides:
“In every county of the State of Florida having a population of not less than 9,700 nor more than 10,500 according to State Census of 1925 and which has a Total Assessed Valuation of not less than Two Million, Eight Hundred Thousand Dollars ($2,800,000.00), each of the county officials named in said title shall be paid Four Hundred and Twenty Dollars ($420.00) per annum, payable in twelve monthly equal installments. Provided, however, that any such officer failing to attend any meeting of his board in any month shall receive for such month only such proportion of the monthly payment provided herein as the meetings attended by him shall bear to the whole number of meetings held by his board during such month.”
Aside from what is said as to its non-applications, the Act itself is' void because it is in conflict with Sections 20 and 21 of Article III of the Constitution. See Jordan, as Clerk, *470 et al., v. State, ex rel., 100 Fla. 494, 129 Sou. 747, and Stripling v. Thomas, 101 Fla. 1015, 132 Sou. 824.
That a taxpaying citizen may enjoin an unauthorized expenditure of public funds is well settled in this jurisdiction. See Whitner v. Woodruff, 68 Fla. 465, 67 Sou. 110; Deering v. Martin, 95 Fla. 224, 116 Sou. 54, and cases there cited.
For the reasons stated, the order appealed from should be affirmed and it is s'o ordered.
Affirmed.
Ellis, P. J., and Terrell, J., concur.
. Whitfield, C. J., and Brown and Davis, J. J., concur in the opinion and judgment.
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Cnty. of Manatee v. Davidson, 132 Fla. 295 (Fla. 1938)…. The question to be determined is whether or not this Act is a general Act and of uniform operation throughout the state, as required by the Constitution. This court has repeatedly held similar statutes to be unconstitutional. See Barrow v. Smith, 119 Fla. 468. 158 So. 818; Latham v. Hawkins, 121 Fla. 324, 163 So. 709; Stripling v. Thomas, 132 So. 824, 101 Fla. 1015; State, ex rel. Juvenal, v. Neville, 123 Fla. 745, 167 So. 650; Jordan, as Clerk, et al., v. State, ex rel., 100 Fla. 494, 129 So. 747. In t…
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Hughes v. Shelby, 15 Fla. Supp. 186 (Escambia Cty. Cir. Ct. 1960)…is a citizen and taxpayer of Escambia County. As such he is authorized to bring the suit, for the principle that a taxpaying citizen may enjoin an unauthorized expenditure of public funds is well settled in this jurisdiction. Barrow v. Smith (Fla.), 158 So. 818. The second issue is not so easily resolved. The question involves the sufficiency of the notice of intention to apply for the legislation attacked when tested by the provisions of article 3, section 21 of the Florida constitution and of chapter 11…
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Towles v. Bd. OF Pub. Instruction OF Taylor Cnty., 194 So. 2d 249 (Fla. 1967)…PER CURIAM. Affirmed on authority of Barrow et al. v. Smith, 119 Fla. 468, 158 So. 818; Hill v. Milander, Fla., 72 So. 2d 796, and Warnock [*250] v. Florida Hotel and Restaurant Commission, Fla.App., 178 So. 2d 917. THOMAS, ROBERTS, DREW, CALDWELL and ERVIN, JJ., concur. THORNAL, C. J., dissents with Opinion.…
Authorities Cited
- Deering v. Martin, 95 Fla. 224 (Fla. 1928)
- Sam'l D. Jordan v. State, 100 Fla. 494 (Fla. 1930)
- Sessions v. State, 132 So. 694 (Fla. 1931)
- J. N. Whitner and Others v. F. L. Woodruff and Others, 68 Fla. 465 (Fla. 1914)