Poe v. Hillsborough County

In Poe v. Hillsborough County, 695 So. 2d 672 (Fla. 1997), the City of Tampa, Hillsborough County and the Tampa Sports Authority (TSA) contracted with the owner of the Tampa Bay Buccaneers for the construction of a new sports stadium, the acquisition and construction of a practice facility, and the demolition of the old sports stadium. Under the terms of the agreement, the Buccaneers were to use the stadium for thirty years and pay the TSA a $ 3.5 million annual fee for various uses. The TSA was also to receive $ 1.93 million annually from a surcharge on tickets to stadium events, including Buccaneers games, and retain fifty percent of all proceeds from non-Buccaneers events beyond the first $ 2 million in proceeds from such events, which was to accrue to the Buccaneers. See 695 So. 2d at 674. The County, City and the TSA then filed a complaint seeking to validate several revenue bond issues for the purpose of covering the costs of the above projects. The TSA proposed to issue $ 33 million in bonds supported by state sales tax monies, $ 11.5 million in bonds supported by the local option four-cent tourist development tax, and $ 160 million in bonds supported by revenues from a county-wide local option half-cent sales tax. See id. at 675. The trial court found that the construction of the sports stadium would serve a valid public purpose but for the clause in the agreement granting the Buccaneers the first $ 2 million in proceeds from non-Buccaneer events. See id. Accordingly, the trial court declined to validate the bonds. On appeal, the Court reversed, holding, in part, that the sports stadium project served a valid public purpose, notwithstanding the fact the first $ 2 million in proceeds for non-Buccaneer events accrued to a private entity. See id. at 677. In so holding, the Court quoted extensively from our prior decision in State v. Daytona Beach Racing & Recreational Facilities District, 89 So. 2d 34 (Fla. 1956), which rejected the State's argument that constructing, maintaining and operating a racing facility did not serve a "proper public purpose".