In 1968, Florida enacted a new law for the financing of public education through state appropriations and local
ad valorem
taxes assessed by each school district. A section of the new law, Fla. Stat. Ann. § 236.251 (Supp. 1970), known as the “Millage Rollback Law,” provided that, to be eligible to receive state moneys, a local school district must limit
ad valorem
taxes for school purposes to not more than 10 mills of assessed valuation, with certain exceptions. Appellees filed this class action in the District Court for the Middle District of Florida alleging that the Millage Rollback Law effected an invidious discrimination, in violation of the Equal Protection Clause, against school children of property-poor counties in that 10 mills of
ad valorem
tax in school districts in such counties would produce less dollars per child for educational purposes than would 10 mills of
ad valorem
tax in other counties. A three-judge District Court entered a summary judgment in appellees’ favor upon a declaration that the Millage Rollback Law was unconstitutional, and enjoined the appellants from withholding state funds from any school district by virtue of the provisions of that Act.
Hargrave
v.
Kirk,
I
Subsequent to the filing of this suit,
School Board of Broward County
v.
Christian,
No. 69-932, was filed in the Circuit Court of the Second Judicial Circuit of Leon County, Florida. That action attacks the Millage Rollback Law primarily on state law grounds, as violative of
II
Since the case must be remanded, we add another comment. The appellees' motion for summary judgment was considered on the pleadings and an affidavit which essentially merely verified the allegations of the amended complaint. Our examination of the pleadings and the affidavit persuades us that they are inadequate as a basis for deciding the equal protection claim. They do
The judgment of the District Court is vacated and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
