CopyCited 28 times | Published | Supreme Court of Florida
..."Plaintiffs based their contention of malapportionment on the Legislature's use of current population estimates instead of the population figures shown in the 1960 decennial census. Plaintiffs contend that use of the last decennial federal census was required by Article VII, § 5, of the Constitution and § 11.031, Florida Statutes....
...The new provision provides that the Legislature is no longer required to do this and that the last preceding federal census shall be the state census and `shall control in all population acts and constitutional apportionments, unless otherwise ordered by the legislature.' Section 11.031, Florida Statutes, provides that no `special city, county or district census shall be effective for any purpose * * *'....
CopyCited 13 times | Published | Supreme Court of Florida | 1961 Fla. LEXIS 2275
...tants. "Under the authority of former Section 16A, supra, the Legislature authorizes an additional County Judge in all counties having a population of 325,000 *165 or more. Chapter 26835, Laws of Florida, 1951. "The 1959 Legislature enacted [F.S.A.] Section 11.031(3) which appears to postpone the effect of the 1960 federal decennial census upon population acts of the Legislature enacted prior thereto until July 1, 1961....
...of a county reached 325,000 or more, then "the business of the office of county judge" would require an additional judge. There has been no specific legislative action on the subject since the enactment of Chapter 26835, Laws of Florida, 1951. *168 Section 11.031(3), Florida Statutes, F.S.A., had the effect of postponing until July 1, 1961, the effective date of the 1960 federal census insofar as the applicability of so-called population acts was concerned. In other words, in considering the applicability of Chapter 26835, Laws of Florida, 1951, to the population of Duval County, as revealed by the 1960 census, Section 11.031(3), supra, would preclude the application of the statute until July 1, 1961. Your letter fails to mention, but we deem it important to discuss the effect of Section 11.031(4), Florida Statutes, F.S.A....
...ld grow into a population classification previously enacted. The contemplated effect of the statute was to catalogue the various counties previously governed by population acts just as effectively as if they had been named therein. To illustrate, by Section 11.031(4), supra, the Legislature attempted to authorize the Attorney General to revise the various population classifications in all of the previously enacted population acts so that they would continue to be applicable only to the same counties to which they were applicable prior to the 1960 census....
...For example, Chapter 26835, Laws of 1951, which applied to counties of 325,000 or more when enacted, was actually applicable only to Dade County according to the 1950 census. No other county in Florida exceeded this population minimum until the 1960 census. Nevertheless, by said Section 11.031(4), supra, the Legislature attempted to authorize the Attorney General to change this population classification by inserting in lieu of 325,000, as contained in the 1951 statute, some figure above 455,411 (the 1960 Duval County populat...
...We have for many years held that any legislative effort to classify by population in a fashion which in effect closes the class on the basis of a particularly designated census is unconstitutional unless passed in accord with the requirements governing local laws. Section 11.031(4), supra, has the illegal effect which has been so condemned....
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
...71-29 became effective, Orange County had grown out of the population range fixed in s. 2, Ch. 61-1387 and was therefore no longer governed by its terms. See Florida Statutes 1977, Vol. 3, p. 1226, which provides that under the 1970 Official Florida State and Federal Census, Orange County had a population of 344,311. Section 11.031 (3), F....
