State v. Florida State Imp. Commission

• Decision Date: 05 October 1954
• Citation: 75 So.2d 1
• Parties: STATE of Florida, H. C. Williamson et al., Appellants, v. FLORIDA STATE IMPROVEMENT COMMISSION, an Agency of the State of Florida, Appellee.
• Court: Florida Supreme Court

Page 1

75 So.2d 1

STATE of Florida, H. C. Williamson et al., Appellants, v. FLORIDA STATE IMPROVEMENT COMMISSION, an Agency of the State of Florida, Appellee.

Supreme Court of Florida, En Banc.

Oct. 5, 1954.

Rehearing Denied Nov. 1, 1954.

Thacker & Thacker, Kissimmee, Thad H. Carlton, Fort Pierce, and William D. Hopkins, Tallahassee, for appellants.

J. Turner Butler, Jacksonville, and Ford L. Thompson, Tallahassee, for appellee.

MATHEWS, Justice.

The Circuit Court of Leon County made and entered an order validating an issue of bonds proposed to be issued by the Florida State Improvement Commission in the sum of $2,200,000 designated Martin County Bridge Revenue Bonds, Series 1.

There was attached to and made a part of the validation proceedings in the Circuit Court Exhibit No. 2. Briefly, this Exhibit No. 2 covered a conveyance from the Jeusen Road and Bridge District to the Florida State Improvement Commission of the existing wooden Jensen Bridge. It also contained an agreement by the State Road Department, the Florida State Improvement Commission and the Jensen Road and Bridge District as to the maintenance of the old bridge pending the second stage of construction from funds of the District other than tolls, the authority of the State Road Department to charge tolls on the existing Jensen Bridge during the first stage of construction and to use the same in the payment of bonds, and other provisions.

The Jensen Road and Bridge District was originally created by Chapter 8828, Laws of Florida 1921, as a special tax district, and was, when originally created, wholly within St. Lucie County, but since then Martin County was created and the boundaries of the district were located partly in St. Lucie and mainly in Martin County.

The district was authorized to construct a bridge over Indian River, in said district, which at that was located wholly within St. Lucie County near the Village of Jensen. The district was authorized under the terms of Chapter 8828, Sp.Laws of Florida 1921, to levy taxes upon real and personal property of the district for the maintenance of the district and the payment of the indebtedness thereof. Chapters 8828 Sp.Laws of Florida 1921, and Chapter 11120, Sp.Laws of Florida 1925, not only authorized taxes but also authorized tolls. Chapter 12942, Sp.Acts of 1927, eliminated tolls but under Chapter 19918, Sp.Laws of Florida 1939, and Chapter 20818, Laws of Florida 1941, tolls were again authorized.

The financing of such a utility as a bridge may be accomplished by tolls or by ad valorem taxes or a combination of both or by other means. After the 1931 Session of the Legislature counties and districts received certain benefits from gasoline taxes for the purpose of paying the principal and interest on bonds theretofore issued by such counties and districts for roads and bridges under the theory that the construction of such roads and bridges had, in addition to serving a county purpose or a district purpose, served a state purpose also. See Carlton v. Mathews, 103 Fla. 301, 137 So. 815, and Amos v. Mathews, 99 Fla. 1, 65, 115, 126 So. 308, 331, 347. In addition to these benefits the counties and districts received as a direct credit so-called surplus gas tax money and such surplus gas tax money has been used by the State Road Department in the counties and districts of the state for the purpose of financing or building roads and bridges.

Ad valorem taxes for the purpose of maintenance of the old wooden Jensen Bridge were specifically authorized by the two acts of the Legislature of 1921 and 1925 above mentioned.

The record shows that the old wooden Jensen Bridge has been very expensive to maintain and is now in a dilapidated condition and will be still more expensive in the future. It is only 18 feet wide and in its present condition does not adequately serve the local needs and a state purpose as a part of the state highway system.

Most of the questions presented to the lower court and on this appeal have been settled by a long line of decisions validating previous issues of the Florida State Improvement Commission. See State v. Florida State Improvement Commission, 160 Fla. 230, 34 S.2d 443; State v. Florida State Improvement Commission, Fla., 47 So.2d 601; State v. Florida State Improvement Commission, Fla., 52 So.2d 277; State v. Florida State Improvement Commission, Fla., 71 So.2d 146; and State v. Florida State Improvement Commission, Fla., 72 So.2d 28.

The general plan for the contemplated improvements was submitted to the 1951 Session of the Legislature, which by Chapter 27705 authorized each step in the plan which was not clearly authorized by law in acts specially applicable to the Jensen Road and Bridge District, which had the management of the Jensen Bridge, or in general acts relating to the State Road Department or the Florida State Improvement Commission. These agencies are authorized to make contributions to each other and to cooperate in other respects for the common purpose of bringing the project into existence.

In the plaining and construction of roads and bridges discretion must be placed somewhere. The needs of communities, counties and the state may be considered by these agencies in which discretion is vested. It is well settled in this state that the authority of the Legislature over roads and bridges is plenary unless restructed or forbidden by some particular provision of the Constitution of the United States or of the State of Florida. The authority of the administrative agencies to whom is entrusted these governmental functions is limited only by the lawful exercise of their discretion. Within their respective areas of authority these public agencies exercise their discretion to devise plans and select sites to best serve the public need. When the plans adopted by such agencies do not exceed their lawful authjority they should be upheld because the Court will not substitute its judgment for that of administrative agencies.

In order for the state to participate to the extent shown by the record in this case it was necessary that proper action be taken to make the contemplated project a part of the state highway system. That action was properly taken.

The establishment, continuance and location of roads and bridges is vested in the discretion of administrative agencies. The sites or location of public improvements have always been questions over which men differed. Experience has demonstrated that squabbles and disputes over locations and sites of public improvements always come into being at the very contemplation of a major public improvement. It is true with reference to court houses, schools, play-grounds, parks, and particularly, with reference to roads and bridges. It seems to be a part of human nature for property owners, and particularly those owning commercial establishments, such as, motels, fishing camps, gasoline stations and amusement centers to feel that the location or site of a major road or bridge development is all right if it goes in front of their door. Everyone would like for his particular property to be benefited by reason of the location or site of the improvement. The primary purpose of building roads and bridges is to serve the general public rather than a particular individual or a particular part of a community.

Rivers and navigable streams are a great asset to a state or a community but they can also be a great liability for the proper development of a community or the state. Typical examples are the Mississippi River, the Savannah River, the Altamaha River, the St. Johns River and the streams around Tampa and Miami. The St. Johns River was a great asset to the northeastern part of the state when transportation was mostly by water. It became a great liability to the state in that it retarded progress, growth and development of the area between the river and the Atlantic Ocean, prior to 1921, for then there was no way to cross the St. Johns River except by ferry. The people voted on the question of building one bridge at a particular location from the proceeds of a bond issue. Many good citizens opposed the bond issue because all the money was to be spent on one project and they claimed that it would not benefit their property. Fortunately, their view did not prevail. The same situation...