State v. City of Avon Park
| Citation | 96 Fla. 494,118 So. 223 |
| Parties | STATE v. CITY OF AVON PARK. |
| Decision Date | 16 October 1928 |
| Court | United States State Supreme Court of Florida |
Proceeding between the State and the City of Avon Park. From the judgment, the State appeals.
Reversed.
Syllabus by the Court
Special or local law relating to issuance of municipal bonds, becoming effective on same day as inconsistent general law, is applicable . Under section 24, art. 3, of the Constitution, where a general law relating to the powers of municipalities to issue municipal bonds and a special or local law relating to the powers of a particular municipality to issue such bonds become effective on the same day, the special or local law is applicable to the particular municipality, if it is inconsistent with the general law.
Appeal from Circuit Court, Highlands County; W. J. Barker, judge.
M. R. McDonald, of Sebring, for the State.
J. M. Lee, of Avon Park, and Gary Alexander, of Jacksonville, for appellee.
The city of Avon Park attempted to issue bonds under a general act, chapter 11855, Acts of 1927, effective June 6, 1927, relating to the issue of municipal bonds. The circuit judge validated the bonds. An appeal was taken. Chapter 12514, Acts 1927, a special act, effective June 6, 1927, relating to the incorporation and to the powers and privileges of the city of Avon Park, contains materially different provisions for the issue of bonds by that city, which provisions were not followed in attempting to issue the bonds. Under section 24 of article 3 of the state Constitution the provisions of the special law are applicable, to the exclusion of inconsistent provisions in the general law. See City of Apalachicola v. State, 93 Fla. 921, 112 So. 618. This rule is applicable to statutes that become effective on the same day.
Reversed.
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