Florida Bankers Association v. Florida Development Finance Corporation

Summary

The justice concurred only in the result, recognizing that the Legislature likely had authority to authorize the financing program but expressing substantial concerns about using special assessments to repay individualized home-improvement loans. The concurrence questioned whether such assessments satisfy Florida's traditional requirements of a specific benefit and fair apportionment, and warned that their priority over existing mortgages may implicate mortgage holders' constitutional property rights and due-process interests. The opinion also noted that these concerns had not been fully briefed or argued.