Fowler v. Turner
| Decision Date | 18 December 1945 |
| Citation | 157 Fla. 529,26 So.2d 792 |
| Parties | FOWLER et al. v. TURNER et al. |
| Court | Florida Supreme Court |
On Rehearing June 21, 1946.
Rehearing Denied July 25, 1946.
Appeal from Circuit Court, Dade County; Richard H. Hunt judge.
Hall & Hedrick of Miami, for appellants.
John J. Lindsey, Allen Clements, Grady C. Harris, all of Miami, and Keen & O'Kelley, of Tallahassee, for appellees.
The record in this case discloses that Dade County, Florida, has ten special tax school districts and the enrollment of pupils in attendance for the school year of 1944-1945, in the several districts thereof aggregated 41,908 pupils. The amount approved by the Budget Commission and the Board of Public Instruction for the support and maintenance and other costs of the public schools of Dade County for the year 1945-1946 was fixed at the total sum of $9,619,911. The assessed valuation of taxable property situated in Dade County for the year 1945, as estimated by a deputy Tax Assessor, is the sum of $551,240,480. The County has a population of 315.138 and covers an area of approximately 2207 square miles.
The assessed valuation of the taxable property in each of the ten special tax school districts and the enrollment of pupils in each district for the school year 1944-1945 are, viz.:
Assessed Valuation
of taxable Peak Enrollment
property in each of pupils in each
District district (Homesteads district (5th
No. omitted) Month)
-------------------- -----------------
2 $171,453,803.00 20,955
3 30,004,341.00 8,762
4 15,596,508.00 1,973
5 23,902,957.00 2,729
6 4,847,602.00 845
7 3,912,728.00 1,061
9 3,541,874.00 802
12 1,845,421.00 391
13 4,676,977.00 165
14 174,760,617.00 4,225
The bonded debt of the special tax school districts, with unexpended funds derived from the sale of bonds of the respective school districts of Dade County, are, viz.:
District Bonded Unexpended
Debt Balance
--------------- -------------
Disrtict No. 2 $6,269,000.00 $1,568,723.67
District No. 3 737,000.00 None
District No. 4 416,000.00 238,202.70
District No. 5 592,000.00 None
District No. 6 73,000.00 None
District No. 7 93,000.00 None
District No. 9 29,000.00 None
District No. 12 No Bonds
District No. 13 60,000.00 None
District No. 14 666,000.00 None
Chapter 23226 Special Acts of 1945, Laws of Florida, provides for the consolidation of all the special tax school districts of Dade County into one or a single district, making the boundaries, after consolidation, coextensive with Dade County. The election of three trustees for the consolidated District No. 1 is provided for, and the terms of the Act make the single District primarily liable for all the bonds and other obligations of the ten special tax school districts so consolidated. The Act is as follows:
'An Act Relating to and Providing for the Consolidation of All the School Districts of Dade County Into One School District and Making the Boundaries of said Consolidated District Co-extensive with Dade County and Providing for a Referendum Election to Determine When and if Same Shall Take Effect.
'Be It Enacted by the Legislature of the State of Florida:
'Section 1. All school districts of Dade County shall be consolidated into one such district to be known as 'School District No. 1' and the boundaries of said 'District No. 1' shall be co-extensive with the boundaries of the County and subject to all general law relative to school districts.
'Section 2. Upon the taking effect hereof, all property and assets of the several school districts shall become the property of the said 'School District No. 1' and said district shall be primarily liable for all the bonds and other obligations of the several districts so consolidated and subject to be taxed for the payment thereof; and such consolidation shall in no wise impair the security of any bonds then outstanding.
'Section 3. The three trustees for said 'School District No. 1' shall be elected by the qualified electors of said County at the time and place prescribed by or fixed pursuant to law but not more than one trustee shall come from any one district for which a county commissioner is provided for by law. The persons qualified to hold such office and receiving the greater number of votes cast for election of trustees shall serve for the ensuing two (2) years as trustees for said School District.
'Section 4. No tax that shall have been levied or assessed prior to the time when the provisions hereof shall be of full force and effect shall be hereby impaired.
'Section 5. Insofar as applicable and insofar as consistent with the provisions hereof and when not in conflict herewith the provisions of the general law of this State relating to school districts and to the consolidation of school districts shall be applicable to said 'School District No. 1' upon this Act taking final effect by the submission and approval hereof on referendum to the qualified voters of the County.
'Became a law without the Governor's approval.
'Filed in Office Secretary of State June 11, 1945.'
Proceedings were instituted in the Circuit Court of Dade County for the purpose of obtaining a declaratory decree, as provided by statute, as to the validity and constitutionality of the aforesaid Act--it being asserted by plaintiffs below, the appellants here, that the Act is invalid, void and unconstitutional and therefore unenforceable. Five questions agreed by counsel of record to be controlling are posed for adjudication by this Court.
The first question posed here for adjudication is, viz.: Do the provisions of Special Act, Chapter 23226, Laws of Florida, 1945, providing for the consolidation of the ten school districts in Dade County into one school district and further providing that upon the taking effect of said Act all property and assets of the several school districts shall become the property of the said school district No. 1, and said district shall be primarily liable for all bonds and other obligations of the several districts as consolidated and subject to be taxed for the payment thereof, violate the following constitutional provisions:
(A) Section 13, Article XII--prohibiting the diversion of school district funds.
(B) Section 17, Article XII--requiring the levying of a special tax for the payment of interest and the principal of bonds within the special tax school district voting in favor of the issuance thereof.
(C) Section 12, Declaration of Rights and the 5th and 14th Amendments of the Federal Constitution--prohibiting the taking of property without due process of law.
This Court in the consideration of a Statute presumes that the Legislature intended a valid and constitutional enactment. In deference to our legislative department of government this Court will uphold a statute against the constitutional attacks unless it is clearly made to appear beyond a reasonable doubt that the Act is unconstitutional. Where a statute is susceptible of two constructions, one of which leads to the conclusion that the same is void and the other that it is a valid Act, then the construction that will save the Act must be adopted. Hiers v. Mitchell, 95 Fla. 345, 116 So. 81.
The Constitution of Florida is not a grant of power to the Legislature, but only a limitation upon legislation, and, unless legislation be clearly contrary to some expressed or implied prohibition found in the Constitution, the courts are without authority to declare a legislative Act invalid. Jordan v. Duval, 68 Fla. 48, 66 So. 298. The public school fund of a county cannot be used to satisfy the obligations of a special school district, nor can the funds of the latter be used to satisfy the debts of the public schools of a county. The law considers and recognizes them as separate and distinct school funds. Funds of one special tax school district cannot be appropriated to the obligations of another special tax school district. Board of Public Instruction of of Pinellas County v. Knight & Wall Co., 100 Fla. 1649, 132 So. 644.
It appears by the record that Special Tax School District No. 2 has a bonded debt of $6,269,000 with an unexpended balance of $1,568,723.67, while Tax School District No. 4 has a bonded debt of $416,000, with an unexpended balance of $238,202.70; and School Tax District No. 12 has neither bonds outstanding nor money to its credit. Section 2 of the Act provides that 'all property and assets of the several school districts shall become the property of the said 'School District No. 1' and said district shall be primarily liable for all the bonds and other obligations of the several districts so...
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