Bay County v. Town of Cedar Grove

Summary

The Supreme Court of Florida affirmed judgments validating Cedar Grove's proposed tax-increment-financed bonds for two community redevelopment areas. The court held that section 163.346, Florida Statutes, did not require two public readings of the redevelopment resolutions and concluded that the bonds did not violate the referendum requirement of article VII, section 12 of the Florida Constitution because they did not pledge ad valorem taxing power. Separate opinions disagreed with the constitutional analysis.

Holdings

1. Section 163.346 incorporates only the public-notice requirements of sections 166.041(3)(a) and 125.66(2), Florida Statutes, and therefore does not require two readings at two public meetings for resolutions adopted under the Community Redevelopment Act.
2. The proposed bonds do not violate article VII, section 12 and may be issued without referendum approval because the bonds do not pledge governmental ad valorem taxing power and bondholders cannot compel an ad valorem tax levy.

Questions Presented

1. Whether section 163.346, Florida Statutes, requires two public readings at two public meetings for municipal resolutions adopted under the Community Redevelopment Act.
2. Whether Cedar Grove's proposed tax-increment-financed bonds violate article VII, section 12 of the Florida Constitution by being payable from ad valorem taxation without voter approval.

Disposition

affirmed