State ex rel. Dade County v. Nuzum, 52555
| Court | United States State Supreme Court of Florida |
| Writing for the Court | BOYD; ENGLAND |
| Citation | 372 So.2d 441 |
| Parties | STATE of Florida ex rel. DADE COUNTY, Petitioner, v. Charles A. NUZUM, etc., Respondents. |
| Docket Number | No. 52555,52555 |
| Decision Date | 14 June 1979 |
Page 441
v.
Charles A. NUZUM, etc., Respondents.
Page 442
Stuart Simon, Dade County Atty.; and Charles A. Citrin, Sp. Asst. County Atty. of Fine, Jacobson, Block, Klein and Colan, P.A., Miami, for relator.
Dennis E. LaRosa and William A. Hatch, Staff Attys. and James J. Cooney, Gen. Counsel, Dept. of Business Regulation, and William L. Lyman, Asst. Gen. Counsel, Tallahassee, for respondents.
BOYD, Justice.
Dade County has petitioned the court for a writ of mandamus, to be directed to specified officials of the state, 1 requiring them to perform the acts necessary to effect payment to the county of a municipal share of the revenue derived from collection of beverage license taxes in the unincorporated areas of the county. The petition invokes our jurisdiction under article V, section 3(b)(5) Florida Constitution, pursuant to Florida Appellate Rule 4.5 b.
Section 561.342, Florida Statutes (1975), 2 provides that counties are to receive twenty-four
Page 443
percent of the revenue from beverage license taxes imposed within their borders. "Incorporated municipalities" are to receive thirty-eight percent of the revenue collected within their corporate limits. Dade County, like other counties, is receiving the twenty-four percent share provided for counties. It contends that it also has a right to receive thirty-eight percent of the revenue raised in its unincorporated areas on the theory that the government of Dade County constitutes a "municipal" government for the unincorporated areas of the county.Article VIII, section 11 of the Constitution of 1885 authorized the creation of a metropolitan government for Dade County and granted to the electors of Dade County the power to adopt a home rule charter of local government. Subsection (1)(b) of section 11 provided that the charter to be adopted:
May grant full power and authority to the Board of County Commissioners of Dade County . . . to levy and collect such taxes as may be authorized by general law and no other taxes, and to do everything necessary to carry on a central metropolitan government in Dade County.
Pursuant to the authority thus conferred, the voters of Dade County adopted a home rule charter for the metropolitan government of the county. Article VIII, section 6(e) of the Florida Constitution of 1968, provides that section 11 of the 1885 Constitution is to remain in full force and effect and provides further:
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Levy v. Miami-Dade County, 01-101-CIV.
...is a "municipality" for revenue sharing purposes. Pls.' Ex. 25 at 296, 298; Pls.' Ex. 33A; see also State ex rel. Dade County v. Nuzum, 372 So.2d 441, 443-44 (Fla.1979); State ex rel. Dade County v. Brautigam, 22A So.2d 688, 692 (Fla. 55. The County receives a variety of gas or "motor fuel"......
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Punsky v. Clay County Sheriff's Office, 1D07-3901.
..."cast on the employer the burden of persuading the trier of fact that the disease was caused by a non-occupationally related agent." 372 So.2d at 441. Accordingly, and again without any quotation from the statute, the court determined that "it is necessary that the [employer] show that the ......
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Punsky v. Clay County Sheriff's Office, Case No. 1D07-3901 (Fla. App. 2/27/2009), Case No. 1D07-3901.
...on the Page 8 employer the burden of persuading the trier of fact that the disease was caused by a non-occupationally related agent." 372 So. 2d at 441. Accordingly, and again without any quotation from the statute, the court determined that "it is necessary that the [employer] show that th......
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Board of County Com'rs of Dade County v. Wilson, 59115
...of article VIII, section 6 of the 1968 Constitution, it is necessarily unconstitutional and void. See State ex rel. Dade County v. Nuzum, 372 So.2d 441 (Fla.1979); Gray v. Golden, 89 So.2d 785 The focus thus narrows to whether the proposed ordinance is authorized by the enabling constitutio......
-
Levy v. Miami-Dade County, 01-101-CIV.
...is a "municipality" for revenue sharing purposes. Pls.' Ex. 25 at 296, 298; Pls.' Ex. 33A; see also State ex rel. Dade County v. Nuzum, 372 So.2d 441, 443-44 (Fla.1979); State ex rel. Dade County v. Brautigam, 22A So.2d 688, 692 (Fla. 55. The County receives a variety of gas or "motor fuel"......
-
Punsky v. Clay County Sheriff's Office, 1D07-3901.
..."cast on the employer the burden of persuading the trier of fact that the disease was caused by a non-occupationally related agent." 372 So.2d at 441. Accordingly, and again without any quotation from the statute, the court determined that "it is necessary that the [employer] show that the ......
-
Punsky v. Clay County Sheriff's Office, Case No. 1D07-3901 (Fla. App. 2/27/2009), Case No. 1D07-3901.
...on the Page 8 employer the burden of persuading the trier of fact that the disease was caused by a non-occupationally related agent." 372 So. 2d at 441. Accordingly, and again without any quotation from the statute, the court determined that "it is necessary that the [employer] show that th......
-
Board of County Com'rs of Dade County v. Wilson, 59115
...of article VIII, section 6 of the 1968 Constitution, it is necessarily unconstitutional and void. See State ex rel. Dade County v. Nuzum, 372 So.2d 441 (Fla.1979); Gray v. Golden, 89 So.2d 785 The focus thus narrows to whether the proposed ordinance is authorized by the enabling constitutio......