CopyCited 14 times | Published | Supreme Court of Florida
...eligible voters by referendum. Third, the court held that the purpose of the bond issue is improper in that the construction of a county jail eleven miles outside the county seat would violate article VIII, section 1(k), Florida Constitution [2] and section 138.09, Florida Statutes (1981)....
...The trial court held that the proposal to build the jail eleven miles away from the county seat was violative of article VIII, section 1(k), which provides that the principal offices and permanent records of all county officers shall be located at the county seat, and section 138.09, Florida Statutes (1981), which requires the county commissioners to erect a courthouse and a jail at the county seat....
...jacent to the site proposed for the new jail, eleven miles from DeLand. [4] Although article VIII, section 1(k), Florida Constitution, requires that the principal offices and permanent records of all county officers be located at the county seat and section
138.09 requires the county commissioners to erect a courthouse and a jail at the county seat as soon as the county seat has been decided upon by the electors, we note that section
138.12, Florida Statutes (1981), [5] permits county commission...
...I would reverse the trial court and remand with directions that these bonds be validated. I agree with the majority that Volusia County may build the proposed new jail outside the municipal boundaries of its county seat without violating article VIII, section 1(k), Florida Constitution, and section 138.09, Florida Statutes (1981)....
...Branch offices for the conduct of county business may be established elsewhere in the county by resolution of the governing body of the county in the manner prescribed by law. No instrument shall be deemed recorded in the county until filed at the county seat according to law. [3] Section 138.09, Florida Statutes (1981), provides: The county commissioners shall, within 5 days after the election provided for in s....
