Rowe v. Pinellas Sports Authority
| Decision Date | 09 November 1984 |
| Docket Number | 65420,Nos. 65322,s. 65322 |
| Citation | 10 Fla. L. Weekly 24,461 So.2d 72 |
| Parties | 10 Fla. L. Weekly 24 J. Robert ROWE, Appellant, v. PINELLAS SPORTS AUTHORITY, et al., Appellees. PINELLAS RESORT ORGANIZATION, INC., et al., Appellants, v. PINELLAS SPORTS AUTHORITY, et al., Appellees. |
| Court | Florida Supreme Court |
George H. Bailey of Jones & Foster, West Palm Beach, for J. Robert Rowe; and Gerald F. Richman and Bruce A. Christensen of Floyd, Pearson, Richman, Greer, Weil, Zack & Brumbaugh, Miami, for Pinellas Resort Organization, Inc.
Julian Clarkson, C. Lawrence Stagg and Dennis R. Ferguson of Holland & Knight, Tallahassee, Van B. Cook, Asst. County Atty., Clearwater, and Michael S. Davis, City Atty., St. Petersburg, for Pinellas Sports Authority, Pinellas County and City
of St. Petersburg; and Jim Smith, Atty. Gen. and J. Terrell Williams, Asst. Atty. Gen., Tallahassee, for State of Florida, Department of Revenue.
These are consolidated appeals from a final judgment entered by the Circuit Court of Pinellas County validating revenue bonds to be used to finance a sports stadium. We have jurisdiction. Art. V, § 3(b)(2), (7), Fla. Const.
In 1977 the Florida legislature enacted what is now section 125.0104, Florida Statutes (1983), the "Local Option Tourist Development Act." This statute authorizes Florida's counties, after referendum to levy a tourist development tax, to be used for certain enumerated purposes.
Pursuant to its statutory authorization, in 1978 Pinellas County, after a referendum, adopted ordinance 78-20. Section 2 of that ordinance set forth the "tourist development plan" whereby all receipts from the tax were to be placed in a trust fund "to be used exclusively for tourist advertising and promotion for Pinellas County and its committees." Section 3 of the ordinance, not a part of the tourist development plan, provided that all or any portion of the tax revenues might be pledged by the Board of County Commissioners to secure revenue bonds issued for certain projects, including "convention centers, sports arenas, sports stadiums, coliseums, or auditoriums."
In 1982 ordinance 82-19 was enacted which amended ordinance 78-20. The amended ordinance expanded the tourist development plan (section 2) of the first ordinance to include purposes other than "tourist advertising and promotion," specifically, the construction of sports stadiums.
In November 1983 the Board of County Commissioners adopted a resolution authorizing the Pinellas Sports Authority to proceed with development of a bond issue to finance the stadium. On December 20, 1983, Pinellas Sports Authority [hereinafter PSA], the City of St. Petersburg [hereinafter city], and Pinellas County [hereinafter county] entered into an Interlocal Agreement to cooperate in the acquisition, construction and financing of the stadium. The Interlocal Agreement called for the PSA to issue revenue bonds. The city committed to pay a portion of the debt service on the bonds from the proceeds derived by the city from its excise taxes. The city's excise taxes consist of guaranteed entitlement funds and sales tax.
The adoption of the Interlocal Agreement prompted legal action by the Pinellas Resort Organization Holiday House Motel-Apts, Inc., Harold E. Slaughter and William A. Tolliver in the form of an action seeking declaratory and injunctive relief. A bond validation proceeding was concurrently brought by PSA, the county and the city. The trial judge consolidated the two cases for trial and ultimately for appeal to this Court. After trial, the judge entered a final judgment of validation.
Before proceeding to the merits of this action, we will briefly address jurisdiction. Two actions involving these bonds were filed in the circuit court--an action seeking declaratory relief and a bond validation proceeding. The circuit court judge entered an order consolidating the two cases. There is no question of our jurisdiction over the bond validation proceedings. Art. V, § 3(b)(2), Fla. Const. And since many of the same issues are involved in the declaratory relief action, it is necessary and proper to the complete exercise of our jurisdiction that we dispose of these common issues at one time. Therefore, as we are authorized to do by our constitution, we accept jurisdiction in the declaratory relief action. Art. V, § 3(b)(7), Fla. Const. See also Mize v. County of Seminole, 229 So.2d 841 (Fla.1969).
On the merits, appellants argue that a number of infirmities in the issuance process should prevent the validation of these bonds. Chief among these are alleged violations of the Florida Sunshine Law, section 286.011(1), Florida Statutes (1983). This law provides All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule or formal action shall be considered binding except as taken or made at such meeting.
Id. (emphasis supplied).
The applicable language of the statute states that meetings of "an agency or authority ... of a political subdivision" are subject to the requirements of the Sunshine Act. The record shows, however, that no meetings involving these bonds occurred with two or more members of any one of the three governmental entities present. We do not construe that language to apply to the gatherings here between individual members and staff of the different governmental entities. By definition, then, no violation of the law occurred. There was never any meeting where any two individuals with decision-making capacity were present. The individuals could only report back to their respective governmental bodies. The subsequent discussions and decisions of all three of the governing bodies took place in open, public meetings. Appellants' reliance on Wood v. Marston, 442 So.2d 934 (Fla.1983), is misplaced. In that case we held that the search-and-screen committee was clearly a "board or commission" of a state agency subject to the Sunshine Law.
Even if we were to include the gatherings that occurred here under the definition of the Sunshine Law, these gatherings do not rise to the level of decision-making which is required to violate the act. The record does show that some private discussions occurred where the stadium financing was mentioned. However, since no two individuals who were members of the same governing body were present at any one of these discussions, no decision-making official acts could occur that would violate the act.
Appellants also contend that the original ordinance, the referendum, and the amended ordinance were rendered invalid because the statutory requirements of the Tourist Development Act were not complied with. First, appellants contend that the initial Ordinance 78-20 is invalid because it allegedly does not comply with the requirements of the statute. In permitting Florida counties to levy a Tourist Development Tax, section 125.0104(4)(a), Florida Statutes (1983), provides in pertinent part:
(a) The tourist development tax shall be levied and imposed pursuant to an ordinance containing the county tourist development plan prescribed under paragraph (c), enacted by the governing board of the county. The ordinance levying and imposing the tourist development tax shall not be effective unless the electors of the county or the electors in the sub-county special district in which the tax is to be levied approve the ordinance authorizing the levy and imposition of the tax, in accordance with section (6).
The statute further prescribes certain requisites for the ordinance levying the tax in sections 125.0104(4)(b) and (c):
(b) At least 60 days prior to the enactment of the ordinance levying the tax, the governing board of the county shall adopt a resolution establishing and appointing the members of the county tourist development council, as prescribed in paragraph (e), and indicating the intention of the county to consider the enactment of an ordinance levying and imposing the tourist development tax.
(c) Prior to the enactment of the ordinance levying and imposing the tax, the county tourist development council shall prepare and submit to the governing board of the county for its approval a plan for tourist development. The plan shall set forth the anticipated net tourist development tax revenue to be derived by the county for the 24 months following the levy of the tax; the tax district in which the tourist development tax is proposed; and a list, in the order of priority The pertinent portions of Pinellas Ordinance 78-20 are as follows:
of the proposed uses of the said tax revenue by specific project or special use as the same are authorized under subsection (5). The plan shall include the approximate cost or expense allocation for each specific project or special use.
Section 2. The tax revenues received pursuant to this ordinance shall be used to fund the Pinellas County Tourist Development Plan, which is hereby adopted as follows:
TOURIST DEVELOPMENT PLAN
The anticipated annual revenue for a two percent (2%) tourist development tax for all of Pinellas County over a 24 month period is $4.8 million, less costs of administration as retained by the Department of Revenue, State of Florida. The tourist development tax for Pinellas County is to strengthen our local economy and increase employment by investing the total receipts of the tourist development tax into a trust fund to be used exclusively for tourist advertising and promotion for Pinellas County and its communities.
Section 3. All or any portion of the revenues raised by the tax hereby levied may be pledged by the Board of County commissioners to secure and liquidate revenue bonds issued by the county for the acquisition, construction, extension, enlargement,...
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