Florida Supreme Court Schedules Rehearing in Strand v Escambia County on October 9, 2007
 
September 20, 2007
 

Florida Supreme Court Schedules Rehearing in Strand v Escambia County on October 9, 2007

On September 6, 2007, the Florida Supreme Court held that under the Florida Constitution local governments must obtain referendum approval to issue bonds that are secured by a pledge of ad valorem tax revenues. Strand v. Escambia County, 32 Fla. L. Weekly S550a. The Florida Supreme Court provided that its decision in Strand did not affect outstanding bonds that were validated. The decision receded from 27 years of legal precedent that had previously interpreted the applicable constitutional provision and left uncertainty in the Florida municipal bond market for TIF Bonds that were not validated and potentially called into question certificates of participation obligations issued by school boards and other financings that directly or indirectly pledge or are secured by ad valorem revenues of an issuer. The Florida Supreme Court agreed to hold a rehearing and has scheduled oral arguments on October 9, 2007. Following is a copy of the order.

THURSDAY, SEPTEMBER 20,2007 CASE NO.: SC06-1894 Lower Tribunal No(@.: 2006-CA-88 1 DR. GREGORY L. STRAND vs. ESCAMBIA COUNTY, FLORIDA, ETC., ET AL.

The above case is hereby scheduled for oral argument on rehearing at 9:00 a.m., Tuesday, October 9, 2007. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary. Parties and amicus curiae on each side shall agree on the division of time for each respective side prior to oral argument, but not more than one attorney may speak on behalf of each category of interest.

IN A SEPARATE ORDER THE COURT SAID:

Attorney General Bill McCollum’s Motion for Leave to File Amicus Curiae Brief in Support of Clarification is granted and said brief was filed with this Court on September 17, 2007.

Amicus Curiae Florida Association of Counties’ Motion for Rehearing and Clarification filed with this Court on September 17, 2007, is accepted as a Memorandum in Support of Escambia County’s Motion for Rehearing and Clarification.

Upon consideration of the Florida School Boards Association, Inc., Florida Association of District School Superintendents, Inc., and School Districts of Duval, Hillsborough and Orange Counties’ Joint Motion to Appear as Amici Curiae on Motion for Rehearing or Clarification, it is ordered that said motion is granted only as to the Florida School Boards Association, Inc. This Association is fairly representative of that community’s interests. The Joint Motion for Clarification or, in the Alternative, for a Rehearing of Amici Curiae, was filed with this Court on September 17, 2007.

Upon consideration of the Florida League of Cities, Inc., Florida Redevelopment Association, Inc., City of Hollywood, City of Hollywood Florida Community Redevelopment Agency, City of Margate, City of Margate Community Redevelopment Agency, City of Miami Beach, Miami Beach Redevelopment Agency, City of Panama City Beach, Community Redevelopment Agency of the City of Palmetto, City of St. Petersburg, South Florida Water Management District, City of West Palm Beach, and West Palm Beach Community Redevelopment Association’s Motion for Leave to File Amici Curiae Brief, it is ordered that said motion is granted only as to the Florida League of Cities, Inc. and the Florida Redevelopment Association, Inc. These Associations are fairly representative of the interests of these communities. These Associations shall have to and including 12:00 noon, Monday, September 24, 2007, in which to file their brief.

The School Boards of Broward, Lake, Lee, Osceola, Palm Beach, Polk and St. Lucie Counties Motion for Leave to File an Amicus Curiae Brief is denied and said brief which was filed with this Court on September 17, 2007, is hereby stricken as these interests are fairly represented through other Amicus.

The North Miami Community Redevelopment Agency’s Motion to Appear as Amicus Curiae in Support of Appellees is denied as that interest is fairly represented by other Amicus.

The School Districts of the Counties of Alachua, Brevard, Indian River, Marion and St. Johns’ Motion for Leave to File Amici Curiae Brief is denied as these interests are fairly represented through other education Amicus.

Per this Court’s Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, and this Court’s order dated September 18, 2007, all parties are directed to transmit a copy of all pleadings in an electronic format as required by the provisions of these orders.

LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO and BELL, JJ., concur.

For more information, email Rick Stephens at rick.stephens@hklaw.com, Ed Vogel at ed.vogel@hklaw.com, Mark Raymond at mark.raymond@hklaw.com, or Michael Wiener at michael.wiener@hklaw.com, or call toll free, 1-888-688-8500.