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WILLIAMS v. HAWKINS

No. 78-1204.

372 So.2d 1010 (1979)

Richard WILLIAMS, Robert French, William Kirchhoff, John Alexander and Harry Kwiatkowski, As and Constituting the Board of County Commissioners of Seminole County of Florida, Appellants, v. Paula F. HAWKINS, William T. Mayo and Robert T. Mann, As and Constituting the Florida Public Service Commission, Appellees.

District Court of Appeal of Florida, Fourth District.

July 11, 1979.

Attorney(s) appearing for the Case

Harry A. Stewart, County Atty., Sanford, for appellants.

Prentice P. Pruitt, Legal Director and William E. Sundstrom, Staff Counsel for Florida Public Service Commission, Tallahassee, for appellees.

DAUKSCH, Judge.

There is a genuine issue of material fact which was improperly decided by summary judgment in this case. The lawsuit is centered around whether a license fee the county would impose by ordinance was in fact an illegal tax. If the license fee was unconnected with the cost of regulating the utilities which would pay the fee then it is a tax and illegal. Bateman v. City of Winter Park et al., 37 So.2d 362 (Fla. 1948); Broward County v. Janis...

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