J. D. BRYAN, INTERVENOR,
v.
BOARD OF PUBLIC INSTRUCTION, BROWARD COUNTY
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The Florida Supreme Court upheld the validation of refunding bonds issued by the Broward County Board of Public Instruction, rejecting the argument that a 1927 statute was invalid because its title failed to mention a referendum provision contained in the statute's body. The court affirmed that the refunding bonds were valid obligations authorized under applicable state law.
The statute is not invalid on account of the title's failure to mention the referendum provision; the title is sufficiently ample to put the public on notice of the Act's contents. The refunding bonds are valid obligations authorized under Chapter 15772, Acts of 1931, regardless of any relation to Chapter 12556, Acts of 1927.
“the title has been examined and found ample to put the world on notice as to the contents of the Act”
Establishes that a statute's title need not explicitly reference every provision, only be sufficiently descriptive to notify the public
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Join FLexlaw to unlock all legal intelligenceThe Board of Public Instruction of Broward County petitioned the Circuit Court to validate an issue of refunding bonds designated as Series A. The app…
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Appellee files its petition’ in the Circuit Court to validate an issue of refunding bonds designated as Series A. The required notice to citizens and taxpayers was given and the State Attorney answered the petition. The appellant was permitted to intervene and answer the petition. Evidence was taken and on final hearing a decree of validation was entered. This appeal is from the final decree.
The question presented is whether or not Chapter 12556, Acts of 1927, is rendered invalid by reason of the fact that the title fails to make mention of the provision for referendum contained in the body of the Act.
There is no merit to this contention’; the title has been examined and found ample to put the world on notice as to the contents of the Act. It appears further that the original bonds were issued and validated for the purpose of funding an outstanding indebtedness of appellee. The refunding bonds are proposed for purposes contemplated by Chapter 15772, Acts of 1931, and are valid obligations regardless of any relation they may bear to Chapter 12556, Acts of 1927. State v. Board of Public Instruction of Dade County, 126 Fla. 142, 170 So. 602.
The pronouncement as to validity is subject to the express provision that the payment of principal and interest of said bonds is limited to the definite portion of the special tax of not exceeding ten mills authorized to be levied under Sec-*693lion 8 of Article XII of the Constitution of Florida, and the use of any other portion of the general school fund of Broward County for the purpose of payment of principal and interest on the refunding bonds, including refunding expenses, is not authorized, unless approved by a vote of the people, as required by Section 6, Article IX, of the Constitution. Chapter 12556, Acts of 1927, limits the payment of principal and interest of such bonds to such available fund. Whether the obligations are now in' the form of bonds and interest coupons or judgments, they must be disbursed on authority and order of the Board of Public Instruction.
The judgment appealed from is affirmed.
Affirmed.
Whitfield, Brown, Buford, Chapman and Thomas, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bd. OF Pub. Instruction v. Wright, 77 So. 2d 770 (Fla. 1955)…d: “Refunding bonds cannot be paid from any county school funds included in section 9, Article XII, except a reasonable part of the funds that may be derived from levies under section 8, [*782] Article XII. See Bryan v. Board of Public Instruction [142 Fla. 691], 195 So. 697, filed April 30, 1940. ‡ % # % ‡ % “ * * * The constitution does not contemplate that the county school funds derived from the ad valorem tax levied under section 8, Article XII, constitution, that may under authorized conditions be…
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McGlaun v. The Bd. of Pub. Instruction for the Cnty. of Brevard, 146 Fla. 537 (Fla. 1941)…issued and that is sufficient. State v. Board of Public Instruction of Dade County, 126 Fla. 142, 170 So. 502; State v. Board of Public Instruction of Manatee County, 139 Fla. 530, 190 So. 687; Bryan v. Board of Public Instruction of Broward County, 142 Fla. 691, 195 So. 697. The decree below is affirmed. Affirmed. Brown, C. J., Whi,tfield, Buford, Chapman and Thomas, J. J., concur. Adams, J., not participating.…
Authorities Cited
- State v. The Bd. of Pub. Instruction, 126 Fla. 142 (Fla. 1936)