Judges: PER CURIAM. —
Attorneys: Fred H. Davis, Attorney General, and H. E. Carter, Assistant for the Appellant.
J. M. Sapp, for Appellee.
Filed: Dec. 06, 1928
Latest Update: Mar. 02, 2020
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 742 This appeal is from a decree perpetually enjoining the Tax Collector of Bay County from collecting taxes levied for the years 1925 and 1926 upon the capital stock of a national bank. The court held that under the provisions of Sec. 1, Article IX of the Constitution of Florida, as amended in 1924, intangible property was not assessable in 1925 and 1926 at
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 742 This appeal is from a decree perpetually enjoining the Tax Collector of Bay County from collecting taxes levied for the years 1925 and 1926 upon the capital stock of a national bank. The court held that under the provisions of Sec. 1, Article IX of the Constitution of Florida, as amended in 1924, intangible property was not assessable in 1925 and 1926 at a..
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If the organic command that "the Legis- shall provide for a uniform and equal rate of taxation" be regarded as a limitation and not as a grant of legislative power, and if the words added by the amendment viz.: "except that it may provide for special rate or rates on intangible property, but such special rate or rates shall not exceed five mills on the dollar," be regarded as further limitations, the maximum "five mills" apply only to "such special rate or rates," and as no "such special rate or rates" have been provided for by the Legislature the maximum rate has nothing upon which to operate. Obviously the section as amended is not so worded as to impose a taxation maximum of five mills upon intangibles whether the Legislature shall "provide for special rate or rates" on intangibles or not.
Rehearing denied.
WHITFIELD, P. J., TERRELL, STRUM, BROWN, AND BUFORD, J. J. Concur.
