State ex rel. Reese v. Carter

Decision Date20 February 1948
Citation34 So.2d 35,160 Fla. 180
PartiesSTATE ex rel. REESE v. CARTER et al.
CourtFlorida Supreme Court

J. D Hobbs, of Tampa, for relator.

Lewis W Petteway, of Tallahassee, for respondents.

ADAMS, Justice.

This cause comes on for final hearing upon motion for a peremptory writ notwithstanding respondents' return.

Petitioner held a permit from the respondents to operate a taxicab business in the unincorporated community of Sulphur Springs, adjacent to the City of Tampa. In 1947 the Legislature enacted Chapter 24922, a special act to create a taxicab commission for the City of Tampa, with power to supervise and regulate the operation of taxicabs over the public highways of said city and the adjoining surburban territory to a distance of three miles from the city limits. Because of this act the respondents refused to renew petitioner's permit.

We consider the question of whether the statute may be upheld as a police measure. We must recognize as a first premise that the taxicab business was not lacking in supervision or regulation in the affected area inasmuch as the general law placed that duty upon respondents. Can we then say that this attempted manner of regulation bears any relation to the public safety health, morals or welfare? We think not. These taxicabs did not enter the corporate limits of the city; therefore, the special act is inapplicable to the territory outside the corporate limits of the city when applied as here to an operation extending outside the corporate limits. This situation is different from the cases where the outside regulation was essential to preserve order and restrain a nuisance within the confines of the city. This is not a case where the legislation is addressed to a legitimate end. See State ex rel. Sweat v. Turpentine & Rosin Factors, Inc. 112 Fla. 428, 150 So. 617; State ex rel. Municipal Bond &amp Investment Co., Inc., v. Knott et al., 114 Fla. 120, 154 So. 143; Board of Trustees of Falmouth v. Watson, 5 Bush 660, 68 Ky. 660; Town of Gower v. Agee, 128 Mo.App. 427, 107 S.W. 999; White v. City of Decatur, 225 Ala. 646, 144 So. 873, 86 A.L.R. 914; Malone v. Williams 118 Tenn. 390, 103 S.W. 798, 121 Am.St.Rep. 1002; 55 A.L.R. page 1182 (text page 1183).

It follows that the return by the Railroad Commission setting up the existence of the statute and urging it as a defense for not renewing the permit is not sufficient; and that consequently the peremptory writ...

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2 cases
  • Eelbeck Mill. Co. v. Mayo
    • United States
    • Florida Supreme Court
    • 28 de março de 1956
    ...of the regulations and actions of the health authorities.' Varholy v. Sweat, 153 Fla. 571, 15 So.2d 267, 270; State ex rel. Reese v. Carter, 160 Fla. 180, 34 So.2d 35; Miami Laundry Co. v. Florida Dry Cleaning & Laundry Bd., 134 Fla. 1, 183 So. 759, 119 A.L.R. 956. 16 C.J.S., Constitutional......
  • City of Pensacola v. King
    • United States
    • Florida Supreme Court
    • 28 de fevereiro de 1950
    ...it of jurisdiction to regulate transportation in the area around Pensacola and vest that authority in the city. State ex rel. Reese v. Carter, 160 Fla. 180, 34 So.2d 35, is relied on to support this In State ex rel. Reese v. Carter this Court was confronted with Chapter 24992, Special Acts ......

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