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FLA. DEPT. OF REV. v. CITY OF GAINESVILLE

No. SC03-2273.

918 So.2d 250 (2005)

FLORIDA DEPARTMENT OF REVENUE, Appellant, v. The CITY OF GAINESVILLE, Appellee.

Supreme Court of Florida.

December 8, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Chirstopher M. Kise, Solicitor General, Louis Hubener, III, Nicholas Bykowsky and Mark T. Aliff, Assistant Attorneys General, Tallahassee, FL, for Appellant.

Robert Pass and E. Kelly Bittick, Jr. of Carlton Fields, P.A., Tallahassee, FL, for Appellee.

Sherri L. Johnson and John C. Dent, Jr. of Dent and Associates, P.A., Sarasota, Fl, on behalf of Ed Crapo.

Larry E. Levy and Loren E. Levy of the Levy Firm, Tallahassee, FL, on behalf of Property Appraisers' Association of Florida, Inc.

John R. Beranek, Kenneth R. Hart, and Jason B. Gonzalez of Ausley and McMullen, Tallahassee, FL, on behalf of Florida Telecommunications Industry Association, for Amici in support of Appellant.

James Baller and Sean A. Stokes of The Baller Herbst Law Group, P.C., Washington, D.C. and William J. Peebles, Tallahassee, FL, on behalf of Florida Municipal Electric Association, for Amicus in support of Appellee.

PARIENTE, C.J.

In this case, we review a decision holding unconstitutional a law that requires payment by a municipality of ad valorem taxes on property owned and used exclusively by the municipality to provide telecommunications services to the public. See Dep't of Revenue v. City of Gainesville, 859 So.2d 595 (Fla. 1st DCA 2003). The applicable provision in our state constitution...

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