Supreme Court of Florida

In plaintiffs' suit challenging the the South Florida Water Management District's (District) suit seeking validation of certificates of participation (COPs), pursuant to Chapter 75 of the Florida Statutes, in order to purchase land owned by the United States Sugar Corporation for the purpose of Everglades restoration, circuit court's judgment validating $650 million in COPs to finance the land acquisition is affirmed in part, reversed in part and remanded where: 1) the District has the authority to issue the certificates of participation for the purchase of the 73,000 acres from U.S. Sugar, as this obligation serves the public purpose of conserving and protecting water and water-related resources, and the authorization of the obligation complies with the requirements of law; 2) however, because the purchase of the option does not serve a public purpose, COPs may not be issued to cover the expense; and 3) to the extent that the substitution of other lands may implicate a pledge of the District's ad valorem taxing power, such lands may not be substituted.

Appellate Information

• Decided 11/18/2010
• Published 11/18/2010

Judges

• QUINCE

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Sonia Escobio O‘Donnell, Randall W. Hanna