CopyCited 2 times | Published | Supreme Court of Florida
...of maintaining beaches and parks, and declared the issue invalid for that reason. He also found that Chapter 75-471, Laws of Florida, could not cure the complete failure of the county to publish notice of the bond election in the manner required by Section 100.211, Florida Statutes (1973), because this curative legislation also authorized the use of the bond proceeds for the maintenance of beaches and parks....
...We accept the averments of the Commission, cognizant of the fact that if any attempt is made to use bond proceeds in an improper manner an action for injunctive relief would lie. [4] As regards the failure to comply with the notice requirements of Section 100.211, this Court has very clearly stated that after-the-fact validating legislation is perfectly proper to cure procedural defects....
...[5] In this case the Legislature in Chapter 75-471 [6] declared the election valid because notice had been given through the mailing of a sample ballot to all registered voters in the county. While such substituted notice would not constitute substantial compliance with Section 100.211, the facts of this case present no grounds for the overruling of established precedent....
...Resolution 74-783 directed that the clerk should publish notice of the bond election to be held on November 5, 1974, once each week for four consecutive weeks, the first publication to be not less than thirty days prior to the date of the election as required by Section 100.211, Florida Statutes (1973)....
...1963) (curative legislation directed at defects in statutory publication of notice requirements). [6] Chapter 75-471 provides: "All acts and proceedings in connection with the election held in Palm Beach County on November 5, 1974, including the failure to publish notice of such election as required by s. 100.211, Florida Statutes, since notice of such election was in fact given by the mailing of sample ballots to all registered voters, to authorize the issuance of bonds of Palm Beach County, for the purpose of providing funds for financing the cos...
CopyCited 1 times | Published | Supreme Court of Florida | 1963 Fla. LEXIS 2923
...with the special state and county election to be held on the same day for the purpose of submitting to the qualified electors of the county who are freeholders the question of approving or disapproving the issuance of said bonds. As will be seen by § 100.211, Florida Statutes, F.S.A., the resolution required that the notice of said special bond election be published in the Sarasota-Herald Tribune at least once each week for four consecutive weeks before said election, the date of the first publication thereof to be at least thirty days before the election....
...It is sufficient to say that we do not think the last cited case is determinative of the issues in this case. It was controlled by a different state of facts and circumstances and then there are other good reasons which are not necessary to discuss. Section 100.211, Florida Statutes, F.S.A., requires that at least thirty days notice of any county bond election be given by publication in a newspaper published in the county, and that “The publication shall be made at least once each week for fou...
