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MANATEE CTY. v. TOWN OF LONGBOAT KEY

No. 53142.

365 So.2d 143 (1978)

MANATEE COUNTY, Florida, a Political Subdivision, Appellant, v. TOWN OF LONGBOAT KEY, Florida, City of Bradenton Beach, Florida, and City of Bradenton, Florida, Municipal Corporations, Appellees.

Supreme Court of Florida.

Rehearing Denied January 9, 1979.

Attorney(s) appearing for the Case

E.N. Fay, Jr. of Mann & Fay, Bradenton, for appellant.

I.W. Whitesell, Jr. of Wood, Whitesell & Karp, Sarasota; and William R. Lisch, Bradenton, for appellees.

Talbot D'Alemberte and Donald M. Middlebrooks of Steel, Hector & Davis, Miami; and Richard E. Nelson of Nelson, Hesse, Cyril & Weber, Sarasota, for Sarasota County; and Robert L. Nabors, County Atty. of Nabors, Potter, McClelland & Griffith, Titusville, for Brevard County and the State Ass'n of County Com'rs of Florida, Inc., amici curiae.

Ralph A. Marsicano, Gen. Counsel, Tampa; and Claude L. Mullis, Staff Atty., Jacksonville, for Florida League of Cities, Inc., amicus curiae.

HATCHETT, Justice.

Does Article VIII, Section 1(h) of the Florida Constitution, as implemented by Section 125.01(6)(a), (b), Florida Statutes (1975), impose a limitation only on the power of counties to levy and collect taxes? May a municipality enforce the limitation by a lawsuit? We answer both questions in the affirmative and remand these consolidated cases to the trial court. Our jurisdiction is provided by Article V, Section 3(b)(1), of the Florida Constitution...

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