STATE OF FLORIDA EX REL. VOLUSIA COUNTY, RELATOR,
v.
FRED O. BUD DICKINSON, JR., COMPTROLLER OF THE STATE OF FLORIDA, WINSTON W. WYNNE, DIRECTOR, STATE BEVERAGE DEPARTMENT OF THE STATE OF FLORIDA, RESPONDENTS

Fla. | 1972-11-01
No. 42571
CARLTON, ADKINS, BOYD and DREW (Retired), JJ., concur.
269 So. 2d 9 Florida Supreme Court (1972) Caution
Cited by 14 cases

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.

Synopsis

Volusia County, a charter county under the Florida Constitution, sought a writ of mandamus against state officials to establish its authority to levy an excise tax on cigarettes in unincorporated areas. The Florida Supreme Court held that charter counties possess the same taxing powers as municipalities under the state constitution, including the power to impose a cigarette tax.


Holding

Yes. Charter counties have the same taxing powers as municipalities under the Florida Constitution and may impose any tax not inconsistent with general or special law, including a cigarette excise tax in unincorporated areas.


Headnotes

[1] A charter county possesses all powers of local self-government not inconsistent with general law, including the authority to levy taxes permitted to municipalities.

[2] Charter counties and municipalities are treated similarly for tax levying purposes under the State Constitution.

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“charter counties and municipalities are placed in the same category for all practical purposes. That upon a county becoming a charter county it automatically becomes a metropolitan entity for self-government purposes.”

Establishes the core principle that charter counties have equivalent powers to municipalities

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Volusia County became a home rule charter county pursuant to Chapter 70-966, ratified by voter referendum. The county sought to levy an excise tax on …

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.


Opinion of the Court
ERVIN, Justice.

ERVIN, Justice.

We have for consideration an alternative writ of mandamus issued on Petition of the Relator, Volusia County, a charter county under the State Constitution, directed to Respondents, the State Comptroller and the Director of the State Beverage Department.

The cause is at issue, answers having been filed to the writ. Briefs of the parties have been received and studied by us.

We have accepted jurisdiction because this cause clearly raises questions of constitutional construction and is an important public controversy, as will hereinafter appear. The pertinent question raised is as follows:

Did Volusia County, as a charter county, have the power in 1971 to levy an excise tax upon the sale of cigarettes in the unincorporated areas of the county and have said tax collected by the Director of the Department of Business Regulation and have the proceeds so collected returned to the County by the State Comptroller in accordance with the procedures under the provisions of Section 210.20(2) (c), F.S.?

Our answer to the question is in the affirmative.

Volusia County became a home rule charter government pursuant to the authority of Section 1(c), Article VIII, State Constitution, F.S.A., by the enactment of a special act of the Legislature establishing its county charter, Chapter 70-966, which was ratified by a referendum vote of the electors. In Section 202 thereof it is expressly provided the county shall have such municipal powers as may be required to fulfill the intent of the charter.

Respondents deny the Legislature by general law has expressly given charter counties similar authority as municipalities have been given to adopt a cigarette tax levy, relying upon City of Tampa v. Birdsong Motors, Inc., Fla., 261 So.2d 1. Birdsong Motors notes that under Section 9(a), Article VII, State Constitution, counties and municipalities may be authorized by general law to levy “other taxes” for their respective purposes.

When Section 1(g), Article VIII and Section 9(a), Article VII are read together, it will be noted that charter counties and municipalities are placed in the same category for all practical purposes. That upon a county becoming a charter county it automatically becomes a metro*11politan entity for self-government purposes. This is so because Section 1(g) of Article VIII provides a charter county “shall have all powers of local self-government not inconsistent with general law. . The governing body of a county operating under a charter may enact county ordinances not inconsistent with general law.” This all inclusive language unquestionably vests in a charter county the authority to levy any tax not inconsistent with general or special law as is permitted municipalities.

Read together, Sections 9(a), Article VII and 1(g), Article VIII, clearly connote the principle that unless precluded by general or special law, a charter county may without more under authority of existing general law impose by ordinance any tax in the area of its tax jurisdiction a municipality may impose.

The issue here is quite analagous in principle to the one considered by us in State ex rel. Dade County v. Brautigam, Fla., 224 So.2d 688. There, specific constitutional home rule authority was found to be reposed in Dade County to adopt a cigarette tax levy to apply in the county’s unincorporated area. The Dade County home rule amendment provided “Dade County may exercise all the powers conferred now or hereafter by general law upon municipalities.” Section 6(f), Article VIII, State Constitution. As we have noted, similar authority is logically reposed in any county becoming a home rule charter county by the all-inclusive language of Article VIII of the 1968 Revised Constitution. Non-charter counties, on the other hand, shall only have the power of self-government as is provided by general or special law. Section 1(f), Article VIII, State Constitution.

The foregoing considered, it is ordered that peremptory writ issue directed to the Respondents granting the relief sought.

It is so ordered.

CARLTON, ADKINS, BOYD and DREW (Retired), JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • State v. Broward Cnty., 468 So. 2d 965 (Fla. 1985)
    …ndustrial revenue bonds in a separate bond validation proceeding later. I agree with the county’s contention that a charter county may exercise all municipal powers consistent with general and special law. State ex rel. Volusia County v. Dickinson, 269 So. 2d 9 (Fla.1972). As a charter county, the county has the power to issue municipal revenue bonds as defined in section 166.101, Florida Statutes, under the proper circumstances. The facts set out above demonstrate the county’s intention throughout these p…
    1 / 2
  • Palm Beach Cnty. v. Bellsouth Telecomms., Inc., 819 So. 2d 876 (Fla. 4th DCA 2002)
    …to implement ordinances as municipalities unless an intention to exclude them is plainly discernable. McLeod v. Orange County, 645 So. 2d 411 (Fla.1994); State v. Broward County, 468 So. 2d 965 (Fla.1985); State ex rel. Volusia County v. Dickinson, 269 So. 2d 9 (Fla. 1972). When section 1(g), Article VIII and Section 9(a), Article VII are read together, it will be noted that charter counties and municipalities are placed in the same category for all practical purposes. That upon a county becoming a charte…
  • Johnie A. McLEOD v. Orange Cnty., 645 So. 2d 411 (Fla. 1994)
    …II, section 1(g) of the Florida Constitution give a charter county the right to impose a public service tax if the imposition is not inconsistent with general or special laws. We find the logic employed in State ex rel. Volusia County v. Dickinson, 269 So. 2d 9 (Fla.1972), apropos to the resolution of this case.2 The crux of the Volusia holding is that “unless precluded by general or special law, a charter county may without more under authority of existing general law impose by ordinance any tax in the ar…
    1 / 2

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw