City of North Lauderdale v. SMM Properties, Inc.

825 So. 2d 343, 27 Fla. L. Weekly Supp. 689, 2002 Fla. LEXIS 1750, 2002 WL 1926501
CourtSupreme Court of Florida
DecidedAugust 22, 2002
DocketSC00-1555
StatusPublished
Cited by8 cases

This text of 825 So. 2d 343 (City of North Lauderdale v. SMM Properties, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of North Lauderdale v. SMM Properties, Inc., 825 So. 2d 343, 27 Fla. L. Weekly Supp. 689, 2002 Fla. LEXIS 1750, 2002 WL 1926501 (Fla. 2002).

Opinion

825 So.2d 343 (2002)

CITY OF NORTH LAUDERDALE, Petitioner,
v.
SMM PROPERTIES, INC., et al., Respondents.

No. SC00-1555.

Supreme Court of Florida.

August 22, 2002.

*344 Robert L. Nabors, Gregory T. Stewart, and Virginia Saunders Delegal of Nabors, Giblin & Nickerson, P.A., Tallahassee, FL; and Samuel S. Goren and Michael D. Cirullo, Jr. of Josias, Goren, Cherof, Doody & Ezrol, P.A., Fort Lauderdale, FL, for Petitioner.

Neisen O. Kasdin of Gunster, Yoakley & Stewart, P.A., Miami, FL; and Edna L. Caruso of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, FL, for Respondents.

Jamie A. Cole and Susan L. Trevarthen of Weiss, Serota, Helfman, Pastoriza & Guedes, P.A., Fort Lauderdale, FL, for The Group City Emergency Medical Service Coalition of Broward County, Florida, Inc., Amicus Curiae.

Randall N. Thornton, Lake Panasoffkee, FL, for The Village Center Community Development District, Amicus Curiae.

Frank A. Shepherd, Miami, FL, for Pacific Legal Foundation, Amicus Curiae.

William Phil McConaghey, pro se, Pembroke Pines, FL, Amicus Curiae.

QUINCE, J.

We have for review a decision of the Fourth District Court of Appeal on the following questions, which the court certified to be of great public importance:

DO EMERGENCY MEDICAL SERVICES (EMS) PROVIDE A SPECIAL BENEFIT TO PROPERTY?
CAN A FIRE RESCUE PROGRAM FUNDED BY A SPECIAL ASSESSMENT USE ITS EQUIPMENT AND PERSONNEL TO PROVIDE EMERGENCY MEDICAL SERVICES FOR ACCIDENTS AND ILLNESSES UNDER LAKE COUNTY V. WATER OAK MANAGEMENT CORP., 695 So.2d 667 (Fla.1997)?

SMM Properties, Inc. v. City of North Lauderdale, 760 So.2d 998, 1004 (Fla. 4th DCA 2000) (en banc). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons stated herein, we answer the certified questions in the negative and approve the decision of the district court.

FACTUAL BACKGROUND

At issue in this case is the validity of a special assessment imposed by the City of North Lauderdale (the City) on owners of improved property within the City for the purpose of providing an integrated fire rescue program.[1] In June of 1996, the City adopted an ordinance which authorized and established procedures to fund the cost of an integrated fire rescue and emergency medical services program through a special assessment levied on all *345 property owners in the City. The integrated fire rescue program included (1) fire suppression, (2) first-response medical aid, and (3) emergency medical services (EMS). A group of commercial property owners in Broward County (the Opponents) opposed the special assessment and filed a complaint requesting declaratory relief and an injunction against the City. The Opponents conceded that the fire services portion of the assessment, items one and two, conferred a special benefit on their properties, but sought a declaration that the portion of the assessment for emergency medical services (item three) was improper because the properties did not derive a special benefit from this service. The trial court granted partial summary judgment on behalf of the City, finding that the special assessment conferred a special benefit to property as a matter of law. On appeal, the Opponents argued the trial court erred because the assessment for emergency medical services provided a service to all citizens in the city and did not provide a special benefit to the assessed real property. See SMM Properties, Inc. v. City of North Lauderdale, 760 So.2d 998 (Fla. 4th DCA 2000) (en banc). The Fourth District agreed, concluding that the emergency medical services did not provide a special benefit to the assessed property because such services benefit people, not property. See id. at 1004. The City seeks review of the Fourth District's decision.

DISCUSSION

In Lake County v. Water Oak Management Corp., 695 So.2d 667, 669 (Fla.1997), we reiterated the test for determining the validity of a special assessment:

In reviewing a special assessment, a two-prong test must be addressed: (1) whether the services at issue provide a special benefit to the assessed property; and (2) whether the assessment for the services is properly apportioned. Sarasota County [v. Sarasota Church of Christ], 667 So.2d at 183; City of Boca Raton v. State, 595 So.2d 25, 30 (Fla. 1992).[2]

To resolve the issue in this case we must examine the first prong of the test and determine whether emergency medical services provide a special benefit to property.

The City asserts that its special assessment confers a special benefit to real property because a logical relationship exists between the use and enjoyment of property and the emergency medical services provided by the fire rescue program. In making its argument, the City asserts that the facts of this case fit squarely within our decision in Lake County, which included a special assessment imposed for fire protection services.[3] The "fire protection services" at issue in Lake County were described by the district court as follows:

Lake County provides a number of services under the umbrella of "fire protection services" such as fire suppression activities, first-response medical aid, educational programs and inspections. The medical response teams stabilize patients and provide them with initial medical care. The fire department responds to automobile and other accident scenes and is involved in civil defense. Fire *346 services are provided to all individuals and property involved in such incidents.

Water Oak Management Corp. v. Lake County, 673 So.2d 135, 137 (Fla. 5th DCA 1996), quashed in part, 695 So.2d 667 (Fla. 1997). The issue before this Court on a certified question was whether Lake County's fire protection services, funded by a special assessment, provided a special benefit to the assessed properties. We answered the certified question in the affirmative, finding the fire protection services did provide a special benefit to the assessed properties, because at a minimum, fire protection services provide for lower insurance premiums and enhance the value of property. Lake County, 695 So.2d at 669.

In this case, the City argues that Lake County's fire rescue program is similar to its own program because both are consolidated programs funding more than fire protection and suppression activities. The Opponents respond that Lake County involved first-response medical aid, not emergency medical services, and thus is not directly on point. The Opponents also argue that since first-response medical aid is a function provided by firefighters as part of their normal duties, the property owners in Lake County were really only paying for fire protection, and the special assessment in Lake County did not assess property owners for services outside the firefighters' jobs, such as emergency medical services.

We agree that the facts of this case do not fit squarely within Lake County. Although both programs are "integrated" programs encompassing more than fire suppression activities, the fire rescue program funded by the special assessment in Lake County did not include the provision of emergency medical services. The fire rescue program at issue in Lake County involved only first-response medical aid. The Fourth District recognized and explained the service thusly:

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Bluebook (online)
825 So. 2d 343, 27 Fla. L. Weekly Supp. 689, 2002 Fla. LEXIS 1750, 2002 WL 1926501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-north-lauderdale-v-smm-properties-inc-fla-2002.