STATE, EX REL. LEWIS LEVINE,
v.
H. H. BAILEY, CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS OF ST. JOHNS COUNTY
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In this original mandamus proceeding, the Florida Supreme Court invalidated Chapter 16,895 of the 1935 Acts because it was a special or local law affecting only St. Johns and Seminole counties that violated the state constitution's requirements for notice publication and referendum. The Court held the law unconstitutional because the population-based classification had no reasonable basis and thus could not be justified as a general law.
The Court held that Chapter 16,895 is an invalid special or local law that was not properly enacted under the Florida Constitution. The population-based classification had no reasonable basis and the Act applied only to St. Johns and Seminole counties, making it local rather than general legislation. The peremptory writ of mandamus therefore issued.
“It is clear that the Act here under assault applied only to St. Johns County and Seminole County. There is no reasonable basis for the classification named in the Act. Therefore, the Act should be held invalid”
Establishes the Court's core holding that the statute, despite its facially general language, actually applied to only two counties and lacked reasonable classification, making it impermissibly special legislation
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Join FLexlaw to unlock all legal intelligenceChapter 16,895 of the 1935 Acts provided that in counties with a population between 18,500 and 18,800 according to the most recent federal census, nom…
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This is an original proceeding in Mandamus in this Court. Petitioner challenges the validity of Chapter 16,895, Acts of 1935, upon the ground that it is a special or local law and was not enacted in accordance with the provisions of Sections 20 and 21, Article III, of the Constitution of Florida, in that no notice was published of the intention to enact such law and the Act provided for no referendum before becoming effective. The provisions of the Act, Chapter 16895, Acts of 1935, which constitute the basis for the contention that it is a local and special law, and not a general law, are found in Section 1 thereof, as follows, to-wit:
“Section 1. That in all Counties of the State of Florida, having a population of not less than 18,500 and not more than 18,800, according to the last preceding Federal’Census, nominations for the office of County Commissioners shall *242be made by the voters of the County at large and not by districts.”
The general law touching this subject is found in Section 362 R. G. S., 419 C. G. L.
It is clear that the Act here under assault applied only to St. Johns County and Seminole County. There is no reasonable basis for the classification named in the Act. Therefore, the Act should be held invalid on authority of the opinions and judgments in the cases of Whitney v. Hillsborough County, et al., 99 Fla. 628, 127 Sou. 486; Anderson v. Board of Public Instruction, etc., 102 Fla. 695, 136 Sou. 334; Stripling v. Thomas, Sheriff, 101 Fla. 1015, 132 Sou. 824; Jordan, Clerk, v. State, ex rel. Davis, 100 Fla. 494, 129 Sou. 747.
It therefore follows that the peremptory writ should issue and it is so ordered.
Whitfield, C. J., and Ellis, Brown and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Cone, 130 Fla. 158 (Fla. 1937)…es of the State, when that would prevent the uniform operation throughout the State that is required by the intendments of the Constitution.” See also in this connection Carlton v. Johnson, 61 Fla. 15, 55 So. 975, and State v. Bailey, 124 Fla. 241, 168 So. 12. The latter Act purported to apply to all counties of not less than 18,500 and not more than 18.800. We held the Act void. We have held so many statutes based- on narrow differences in population to be local or special Acts and hence void if dealin…
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Lewis v. Judge Chas. C. Mathis, Jr., 345 So. 2d 1066 (Fla. 1977)…2d 42 (Fla.1953). A legislative classification based upon population must have a reasonable basis for the classification to be held constitutional. State ex rel. Juvenal v. Neville, 123 Fla. 745, 167 So. 650 (1936); Levine v. Bailey, 124 Fla. 241, 168 So. 12 (1936); Waybright v. Duval County, 142 Fla. 875, 196 So. 430 (1940); Vance v. Ruppel, 215 So. 2d 309 (Fla.1968). The classification based upon population must also be potentially applicable to other political subdivisions of the state with the same…
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THE City OF Coral Gables v. Crandon, 157 Fla. 71 (Fla. 1946)…been held void when by their very terms they were tailor made to fit some particular county or subject, and no other county or subject could be reasonably expected to be governed by them. Levine, State, ex rel. v. Bailey, et al., 124 [*74] Fla. 241, 168 So. 12, Crim, State, ex rel Juvenal, 119 Fla. 86, 163 So. 569. Section one of chapter 22935, provides that the Board of County Commissioners of each county having a population of more than 260,000 according to the last Federal census is authorized and emp…
Authorities Cited
- Anderson v. The Bd. of Pub. Instruction for the Cnty. of Hillsborough, 102 Fla. 695 (Fla. 1931)
- Whitney v. Hillsborough Cnty., 99 Fla. 628 (Fla. 1930)
- Smith v. Dwyer, 127 So. 486 (La. Ct. App. 1930)
- Sam'l D. Jordan v. State, 100 Fla. 494 (Fla. 1930)
- Sessions v. State, 132 So. 694 (Fla. 1931)