Miccosukee Tribe of Indians of Florida v. South Florida Water Management District

Summary

Justice Lewis concurred in the result only, while rejecting the majority's treatment of the constitutional referendum requirement. He reasoned that the proposed bond financing involved an inadequately defined land-swaps fund and long-term debt payable from ad valorem taxation, requiring voter approval under article VII, section 12 of the Florida Constitution. He also argued that the financing structure should be assessed according to its practical substance rather than formal disclaimers or a purported annual walk-away option.