A. M. FORT
v.
JOHN C. DEKLE, SUPERVISOR OF REGISTRATION, T. N. HENDERSON, CHAIRMAN, B. B. BADGER, ET AL., CONSTITUTING BOARD OF COUNTY COMMISSIONERS, HILLSBOROUGH COUNTY, ET AL.
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The Florida Supreme Court held that Chapter 18128 (1937), requiring re-registration of voters in counties with populations exceeding 150,000, violated the Florida Constitution because it was a special or local law that did not comply with constitutional notice and publication requirements, and therefore was void.
The Act is void and unenforceable because it is a special or local law that did not comply with the constitutional notice and publication requirements. A law that applies to only those counties exceeding a population threshold is a special or local law even though not naming specific counties, because only three counties in the State could ever satisfy the condition.
“The Act is just as much a special and local Act as if the Counties of Hillsborough, Duval and Dade had been named in the Act because those are the only three counties in the State to which the Act could ever be applicable, as no other counties in the State had a population of more than 150,000 according to the State census of 1935.”
Establishes the Court's reasoning that a law applying conditionally to counties by population is effectively a special law even without naming specific counties.
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Join FLexlaw to unlock all legal intelligenceChapter 18128 of the 1937 Acts required all counties with a population of 150,000 or more (according to the 1935 State census) to conduct complete re-…
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-By Chapter 18128, Acts of the Legislature c f 1937, re-registration of voters is required for all elections to be held in 1938 -and subsequent years in the counties having a population of 150,000 or over according to the State census of 1935.
The appellant here was complainant in the court below and sought to enjoin compliance with this Act by the appellees. The bill -of--complaint was dismissed and he prosecuted appeal from that decree.
It is the contention of the appellant here and it was in the lower court that Chapter 18128, supra, was enacted in violation of Section 21, Article III, of the Constitution of Florida as amended in' 1928, and for that reason is void and non-enforceable. Section 21, Article III, of the Constitution is, inter alia, as follows:
*872“In all cases enumerated in' the preceding section all laws shall be general and of uniform operation throughout the State, but in all cases not enumerated or excepted in that section, the legislature may pass special or local laws except as now or hereafter otherwise provided in the Constitution'; Provided, that no local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the locality where the matter or thing to be affected may be situated, which notice shall state the substance of the contemplated law, and shall be published at least thirty days prior to the introduction into the legislature of such bill and in the manner to be provided by law. The evidence that such notice has been published shall be established in the legislature before such bill shall be passed by having affidavit of proof of publication attached to the proposed bill when' the same is introduced in either branch' of the legislature, and which such affidavit constituting proof of publication shall be entered in full upon the journals of the Senate and the Plouse of Representatives, which entries shall immediately follow the journal entry showing the introduction of the bill. * * *”
Section 1 of Chapter 18128, supra, provides, as follows: “In all counties of the State of Florida having a population of 150,000 or over, according to the State Census, A. D. 1935, the County Commissioners shall provide for a complete re-r.egistration in the Year A. D. 1939 and each General Election year thereafter, of all voters who intend to qualify and vote in any Primary, General or Special Elec: tion, and the Supervisor of Registration shall open the books for registration for the Primary Election to be held in the Year A. D. 1938 and subsequent General Election thereafter in the same manner as is now provided by law for registration for Primary Elections, except that the registration books shall be opened in the precincts on the *873first day of March, and close in the precincts on March 31st; they shall then be opened for Registration' in the office of the Supervisor of Registration on the first day of April and shall close on April 30th for registration for the Primary Election.”
It is contended that because the Act is applicable to three counties in the State it is not a special or local Act. The Act is just as much a special and local Act as if' the Counties of Hillsborough, Duval and Dade had been named in the Act because those are the only three counties in the State to which the Act could ever be applicable, as no other counties in the State had a population of more than 150,000 according to the State census of 1935.
The provisions of Section 21, Article III, of the Constitution as amended in 1938 were not complied with in connection with the passage of this Act and it is, therefore, a nullity. See Whitney v. Hillsborough County, 99 Fla. 628, 127 Sou. 486, and authorities there cited.
For the reasons stated, the decree appealed from must be reversed and it is so ordered.
Reversed.
Whitfield, Brown, Chapman and Thomas, J. J., concur.
Terrell, C. J., dissents.
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City OF Miami v. McGRATH, 824 So. 2d 143 (Fla. 2002)…ral law. Cities that reach the population threshold after April 1, 1999 are forever excluded from the class. As worded, the statute is no different than if it had identified by name the three particular cities to which it relates. See Fort v. Dekle, 138 Fla. 871, 190 So. 542 (1939); Walker v. Pendarvis, 132 So. 2d 186 (Fla.1961); Ocala Breeders’ Sales Company, Inc. v. Florida Gaming Centers, Inc., 731 So. 2d 21 (Fla. 1st DCA 1999). Since a statute which constitutes a special law cannot impose a non-ad valo…1 / 2
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Basil J. Walker v. Pendarvis, 132 So. 2d 186 (Fla. 1961)…ecessary expenses, which funds constitute the maximum amounts that the Defendants may lawfully expend or obligate themselves for expending, for such designated purposes.” . Crandon v. Hazlett, 1946, 157 Fla. 574, 26 So. 2d 638; Fort v. Dekle, 1939, 138 Fla. 871, 190 So. 542; State ex rel. Coleman v. York, 1939, 139 Fla. 300, 190 So. 599.…
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McGRATH v. The City OF Miami, 789 So. 2d 1168 (Fla. 3d DCA 2001)…ral law. Cities that reach the population threshold after April 1, 1999 are forever excluded from the class. As worded, the statute is no different than if it had identified by name the three particular cities to which it relates. See Fort v. Dekle, 138 Fla. 871, 190 So. 642 (1939); Walker v. Pendarvis, 132 So. 2d 186 (Fla.1961); Ocala Breeders’ Sales Company, Inc. v. Florida Gaming Centers, Inc., 731 So. 2d 21 (Fla. 1st DCA 1999). Since a statute which constitutes a special law cannot impose a non-ad valo…
Authorities Cited
- Whitney v. Hillsborough Cnty., 99 Fla. 628 (Fla. 1930)
- Smith v. Dwyer, 127 So. 486 (La. Ct. App. 1930)