BRUCE O. WILLIAMS, J.R. KNIGHT, ET AL., APPELLANTS,

v.

ESCAMBIA COUNTY, FLORIDA, A POLITICAL, ETC., APPELLEES

Fla. 1st DCA | 1998-12-21

No. 98-1183

Miner, J., Lawrence, J., McDonald, Parker Lee, Senior Judge

725 So. 2d 392 Florida District Court of Appeal, First District (1998) Negative Treatment

Cited by 6 cases

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Synopsis

The court affirmed dismissal of a class action challenging Escambia County's authority to impose special assessments on leasehold property for mosquito control and police protection, holding the ordinance was constitutional and within the county's taxing power.

Holding

A county has authority to enact an ordinance imposing special assessments on leasehold interests for mosquito control and police protection, and such assessments do not violate state or federal constitutional provisions or statutory law.

Headnotes

[1] A county ordinance imposing special assessments on leasehold interests for mosquito control and police protection does not violate the Florida Constitution, United States…

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Facts & Procedural History

Appellants, as lessees of long-term leased property in Escambia County, challenged Ordinance No. 89-11 which imposed special assessments on their leas…

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Topics

Constitutional Challenge To Ordinance Reasonable Classification Ordinance Special Assessments

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Opinion of the Court

PER CURIAM.

We approve the trial judge’s order dismissing the appellants’ class action suit seeking relief from the provisions of Escam-bia County Ordinance No. 89-11. We agree with the conclusion that the county had the authority to enact this ordinance and to make reasonable classification of the long-term leased property for the purpose of special assessments. Imposing assessments on the leasehold interests for mosquito control and police protection was permissible and legal.

We reject the appellants’ contention that the ordinance violates Section 10, Article I and Section 9(a) of Article VII of the Florida Constitution, and Section 10, Article I of the United States Constitution, or Chapter 199 and Section 196.199(2)(a), Flori da Statutes. We likewise reject the argument that the ordinance constitutes a breach of contract or impairs the obligations of contract between itself and the appellant class.1

AFFIRMED.

MINER and LAWRENCE, JJ., and ' McDONALD, PARKER LEE, Senior Judge, concur. . The trial judge also dismissed the action because of failure to join an indispensable party and failing to serve the Attorney General or State Attorney. These errors could have been corrected. We construe the order of dismissal with prejudice to be for reasons enunciated above and not these.

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Citator

Cited By

Quietwater Ent., Inc. v. Escambia Cnty., 890 So. 2d 525 (Fla. 1st DCA 2005)

…rvices do not directly benefit the property being burdened, despite expert testimony that enhanced law enforcement generally renders real property more valuable and marketable. See id. at 264-265. This court’s opinion in Williams v. Escambia County, 725 So. 2d 392 (Fla. 1st DCA 1998), which holds a special assessment may be imposed for police protection, fails to mention Water Oak, and was decided before Collier County. Because we are bound to follow the precedent of the Florida Supreme Court, the case should…

1 / 2
Donnelly v. Marion Cnty., 851 So. 2d 256 (Fla. 5th DCA 2003)

…being assessed. . WHEREAS, the Board finds that the property within the MSTU will derive a special benefit from the expenditure of money collected pursuant to this resolution and the ordinance. . The defendants rely on Williams v. Escambia County, 725 So. 2d 392 (Fla. 1st DCA 1999). Williams is a two-paragraph decision which cites to no authority in holding that special assessments by the county on leasehold interests for mosquito control and police protection was lawful. Williams seems to be a unique case…

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