J. D. BRYAN, INTERVENOR,
v.
BOARD OF PUBLIC INSTRUCTION, BROWARD COUNTY
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This case concerns the validation of Series "B" refunding bonds by the Board of Public Instruction of Broward County. The court addressed three contentions regarding the bonds' validity under Florida law and previous rulings.
Yes, the Series "B" refunding bonds can be issued under the Act. No, an approving vote is not required as the security pledge is consistent with the Act's provisions. Yes, the time warrants are considered "bonds" for the purpose of the Act.
“This Act is applicable to Boards of Public Instruction.”
Establishes the applicability of the 1931 refunding Act to the Board of Public Instruction.
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Join FLexlaw to unlock all legal intelligenceThe appeal challenges the validation of Series "B" refunding bonds. The Board of Public Instruction of Broward County sought to issue these bonds to r…
The full statement of facts, procedural history, and disposition for this case are member content.
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This appeal is from a final decree validating certain refunding bonds of the Board of Public Instruction of Broward County known as Series “B.” The same proceedings led up to the final decree as are related in J. D. Bryan v. Board of Public Instruction of Broward County in relation to Series “A” refunding bonds, opinion filed this date.
It is first contended that the indebtedness contemplated by Series “B” refunding bonds cannot be refunded under the general refunding Act, Chapter 15772, Acts of 1931. This Act is applicable to Boards of Public Instruction. State v. Board of Public Instruction of Dade County, 126 Fla. 142, 170 So. 602. The record shows that the indebtedness proposed to be refunded by Series “B” refunding bonds is represented by outstanding coupons and warrants as contemplated under Chapter 15772, Acts of 1931.
It is next contended that Series “B” refunding bonds cannot be issued without an approving vote of the people because they pledge security for payment of the refunding bonds in excess of that pledged for payment of the original bonds.
It is true that when the original bonds were issued the Constitution limited their payment to a five-mill tax. This tax was subsequently raised to ten mills and made applicable *695to the payment of debts of this class. Series “B” and other series of refunding bonds issued at the same time were issued under a composition plan for debt refunding which allocated only part of the proceeds from the ten mills available to payment of series “B” refunding bonds. Otherwise this question is settled by what we said in our opinion as to validity of series “A” refunding bonds filed this date, case same style as this.
It is last contended that the time warrants represented by Series ‘B” refunding bonds are not “bonds” as contemplated by Chapter 15772, Acts of 1931. What we said in answer to the first question is complete answer to this one.
Affirmed.
Whitfield, Brown, Buford, Chapman and Thomas, J. J., concur.
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The Bd. OF Pub. Instruction FOR the Cnty. OF Sumter v. Wright, 76 So. 2d 863 (Fla. 1955)…ic instruction have often been analogized to counties, to fit them into a comprehensible legal pattern and establish or preserve their credit. See State v. Board of Public Instruction, 126 Fla. 142, 170 So. 602; Bryan v. Board of Public Instruction, 142 Fla. 693, 195 So. 698; and Board of Public Instruction for Brevard County v. Osburn, supra, 101 F. 2d 919. By the same token, in Board of Public Instruction for Dade County v. State ex rel. Tanger Inv. Co., 121 Fla. 703, 164 So. 697, we said, in an opinion p…
Authorities Cited
- State v. The Bd. of Pub. Instruction, 126 Fla. 142 (Fla. 1936)