4, Hopkins v. Special Road & Bridge Dist. No. 4, in Brevard County

• Decision Date: 06 February 1917
• Citation: 74 So. 310,73 Fla. 247
• Parties: HOPKINS v. Special Road & Bridge Dist. No. 4, in Brevard County
• Court: Florida Supreme Court

74 So. 310

73 Fla. 247

HOPKINS v. Special Road & Bridge Dist. No. 4, in Brevard County

Florida Supreme Court

February 6, 1917

Appeal from Circuit Court, Brevard County; Jas. W. Perkins, Judge.

Statutory proceeding by Special Road and Bridge District No. 4, in Brevard County, State of Florida, by S. A. Osteen and others Commissioners of Brevard County, to validate bonds issued by the district, in which George W. Hopkins intervenes presenting objections to validation of bonds. Decree confirming the bonds, and intervener appeals. Decree reversed.

Syllabus by the Court

SYLLABUS

The lawmaking power may provide any legislative regulation that does not conflict with organic law.

Chapters 6208 and 6879, Laws of Florida, are general laws authorizing the establishment of special road and bridge districts in any county of the state for the governmental purpose of constructing and maintaining permanent roads and bridges in such districts, and such statutes do not violate the provisions of the Constitution that require uniformity and equality in taxation, and that forbid the taking of property without compensation or due process of law.

County commissioners can exercise such authority only as is 'prescribed by law'; and where there is doubt as to the existence of authority, it should not be assumed.

Chapters 6208 and 6879, Laws of Florida, do not contemplate successive issues of bonds in the special road and bridge districts to construct roads and bridges except when the first issue is insufficient and the construction is not completed in the first instance.

COUNSEL Landis, Fish & Hull, of De Land, for appellant.

G. C Edwards, of Cocoa, and Axtell & Rinehart, of Jacksonville for appellee.

OPINION

WHITFIELD J.

This is a proceeding had under the statute (chapter 6868, Acts of 1915) to have validated bonds issued by special road and bridge district, No. 4, in Brevard county, Fla. George W. Hopkins, a taxpayer in said district, intervened, as permitted by the statute and presented objections to the validation of the bonds. The court rendered a decree, validating and confirming the bonds, and the intervening taxpayer Hopkins appealed.

The constitutional validity of the statutes (chapter 6208, Acts of 1911, as amended by chapter 6879, Acts of 1915) under which the bonds are issued is questioned. Under section 840, General Statutes of 1906, each county commissioner's district is a road district.

Chapter 6208 is

'An act to authorize the counties of the state of Florida to create and constitute special road and bridge districts within said counties; and to issue bonds and levy and collect a special road and bridge tax with which to pay for the construction, repair and maintenance of the roads and bridges within * * * special roads and bridge districts.'

In the body of the act and in the amendatory act, chapter 6879, Acts of 1915, are provisions that whenever residents of any territory embraced wholly or in part in one or more road districts, as at that time constituted in any county of the state, desire to have such territory constituted into a 'special road and bridge district' and to have constructed within said special district, 'permanent roads and bridges,' they may proceed in a stated manner. An election in the district is provided for 'to determine whether or not such territory shall be constituted into a special road and bridge district.' When established such district is given a designated name or number with definite boundaries, 'and thereafter such territory shall constitute a special road and bridge district' and taxes are collected upon all of the taxable property therein for the construction, repair, and maintenance of the roads and bridges within said district or for the interest and sinking fund of bonds that may be issued for the construction of roads and bridges. Each special road and bridge district is entitled to receive for the repair and maintenance of the roads and bridges in said district its due proportion of the county tax levied and collected upon the taxable property in the county for general road purposes. The residents of each special road and bridge district may, at any future time, provide for the construction of additional roads and bridges by the prescribed method. All special taxes for the roads and bridges of the district 'shall be assessed, equalized and collected upon the taxable property within the special road and bridge district, by the same officers and in the same manner as is provided by law for the assessment, equalization and collection of other county taxes.' The construction, repair and maintenance of the roads and bridges in the districts 'shall at all times be subject to the supervision and control of the board of county commissioners,' such board being given the right of eminent domain to carry out the purposes of the act.

These and other provisions clearly indicate a legislative intent to provide for the establishment of...