ALACHUA COUNTY v. STATE

No. 93,344.

737 So.2d 1065 (1999)

ALACHUA COUNTY, Appellant, v. STATE of Florida, et al., Appellees.

Supreme Court of Florida.

May 13, 1999.


Attorney(s) appearing for the Case

Robert L. Nabors, Gregory T. Stewart and Harry F. Chiles of Nabors, Giblin & Nickerson, Tallahassee, Florida; and Robert Livingston IV, Alachua County Associate Counsel, Gainesville, Florida, for Appellant.

Alvin B. Davis, Ron A. Adams, Jeffrey L. Kravetz, and Frank R. Jimenez of Steel, Hector and Davis, LLP, Miami, Florida, and Jean G. Howard, Senior Attorney, Florida Power & Light Company, Miami, Florida, on behalf of Florida Power & Light Company; Sylvia H. Walbolt, Robert W. Pass, F. Townsend Hawkes, and Joseph H. Lang, Jr., of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, Florida, on behalf of Florida Power Corporation; John H. Haswell of Chandler, Lang & Haswell, P.A., Gainesville, Florida, and Michelle Hershel, Tallahassee, Florida, on behalf of Florida Electric Cooperatives Association, Inc., for Appellees.

Barbara C. Wingo, Deputy General Counsel and Robert H. Pritchard, Associate General Counsel, Gainesville, Florida, and John A. DeVault, III of Bedell, Dittmar, DeVault, Pillans & Coxe, Jacksonville, Florida, for University of Florida, Appellee/Joinder in Answer Briefs of Florida Power Corporation and Florida Power & Light Company.

Marion J. Radson, City Attorney, and Elizabeth A. Waratuke, Litigation Attorney, Gainesville, Florida, and Frederick B. Karl of Annis, Mitchell, Cockey, Edwards & Roehn, P.A., Tampa, Florida, on behalf of the City of Gainesville, Florida, Appellee/Intervenor.

Joseph W. Little, Gainesville, Florida, for Howard J. Scharps, Appellee/Intervenor.

William J. Roberts, General Counsel, Tallahassee, Florida, on behalf of Florida Association of Counties; and Susan H. Churuti, Clearwater, Florida, on behalf of Florida Association of County Attorneys, Inc., Amici Curiae.

Carole Joy Barice of Fowler, Barice, Feeney & O'Quinn, P.A., Orlando, Florida, for City of Altamonte Springs, Florida, Amicus Curiae.


SHAW, J.

We have on appeal a decision of the trial court declaring that a proposed bond issue is invalid. We have jurisdiction. Art. V, § 3(b)(2), Fla. Const.

The trial court's findings of fact are undisputed; they are as follows:

Alachua County commenced this action on August 15, 1997, as a bond validation complaint in case number 97-3088-CA. The revenue source for repayment of the bonds is an Electric Utility Privilege Fee ("Privilege Fee"...

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