City of Winter Springs v. State

776 So. 2d 255, 2001 WL 23107
CourtSupreme Court of Florida
DecidedJanuary 11, 2001
DocketSC00-413
StatusPublished
Cited by11 cases

This text of 776 So. 2d 255 (City of Winter Springs v. State) 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 Winter Springs v. State, 776 So. 2d 255, 2001 WL 23107 (Fla. 2001).

Opinion

776 So.2d 255 (2001)

CITY OF WINTER SPRINGS, Florida, etc., Appellant,
v.
STATE of Florida, et al., Appellees.

No. SC00-413.

Supreme Court of Florida.

January 11, 2001.

*256 Arthur J. England, Jr., of Greenberg Traurig, P.A., Miami, FL; George H. *257 Nickerson, Jr., Gregory T. Stewart, and Virginia Saunders Delegal of Nabors, Giblin & Nickerson, P.A., Tallahassee, FL; Anthony A. Garganese, City Attorney, Brown, Ward, Salzman & Weiss, P.A.; and Virginia B. Townes of Akerman, Senterfitt & Eidson, P.A., Orlando, FL, for Appellant.

Michael D. Jones and Clifton H. Gorenflo of Leffler & Associates, P.A., Winter Springs, FL; and Beth Richards Rutberg, Assistant State Attorney, Sanford, FL, for Appellees.

HARDING, J.

We have on appeal the final judgment of the trial court refusing to validate special assessment bonds. We have jurisdiction. Art. V, § 3(b)(2), Fla. Const. For the reasons expressed, we reverse the trial court's judgment and remand the cause for further bond validation proceedings.

Appellant, the City of Winter Springs, Florida (City), filed a complaint for validation of special assessment bonds for the financing of local improvements in a discrete portion of the City known as the Tuscawilla Lighting and Beautification District (District).[1] Proposed improvements include enhanced landscaping, signage, and lighting at various locations within the District. Appellees, the State of Florida and Intervenors on behalf of the Property Owners and Citizens of the City of Winter Springs (Validation Opponents), filed an answer opposing validation of the bonds. After a bench trial, the trial court denied the City's complaint to validate the bonds, holding that the special assessment was not in compliance with the law. The City timely filed this direct appeal.

This Court's scope of review in bond validation cases is limited to the following issues: (1) whether the public body has the authority to issue bonds; (2) whether the purpose of the obligation is legal; and (3) whether the bond issuance complies with the requirements of the law. See State v. Inland Protection Fin. Corp., 699 So.2d 1352 (Fla.1997); Poe v. Hillsborough County, 695 So.2d 672 (Fla.1997); Northern Palm Beach County Water Control Dist. v. State, 604 So.2d 440 (Fla. 1992); Taylor v. Lee County, 498 So.2d 424 (Fla.1986). To comply with the requirements of the law, a special assessment funding a bond issuance must satisfy the following two-prong test: (1) the property burdened by the assessment must derive a special benefit from the service provided by the assessment; and (2) the assessment for the services must be properly apportioned among the properties receiving the benefit. See Lake County v. Water Oak Management Corp., 695 So.2d 667, 668 (Fla.1997) (citing City of Boca Raton v. State, 595 So.2d 25, 30 (Fla. 1992)).[2] "[T]he standard [of review] is the same for both prongs; that is, the legislative determination as to the existence of special benefits and as to the apportionment of the costs of those benefits should be upheld unless the determination is arbitrary." Sarasota County v. Sarasota Church of Christ, 667 So.2d 180, 184 (Fla. 1995).[3]

*258 In this case, however, the City's legislative finding that the special assessment confers a special benefit upon the land burdened by the assessment was not arbitrary and, therefore, was entitled to a presumption of correctness by the trial court. By substituting its own judgment for that of the locally elected officials, and thus failing to attach a presumption of correctness to the legislative determination, the trial court erred as a matter of law.

Validation Opponents argue there is no evidence to support the City's conclusion that the improvements will provide a special benefit to all tax parcels located within the District. Section 1.03(E) of City Resolution 99-884, however, provides the City's specific findings regarding the "special benefits" derived from the improvements:

The Tuscawilla Improvements will provide a special benefit to all Tax Parcels located within the Tuscawilla Improvement Area ... by improving and enhancing the exterior subdivision boundaries, the interior subdivision areas, the subdivision identity, and the subdivision aesthetics and safety, thus enhancing the value, use and enjoyment of such property.

City of Winter Springs, Fla., Resolution No. 99-884 (July 12, 1999) (emphasis added). Moreover, the City did employ the services of an outside consultant and appraiser to specifically "analyze whether or not such improvements would have a beneficial impact on home values in the general area." Letter from Appraiser to City of Winter Springs (April 10, 1998). After evaluating the nature, and area, of the proposed improvements, the property appraiser concluded that there would be a beneficial impact on overall property values in the area:

[W]e reviewed numerous subdivisions and PUDS ... [and] had discussions with residential appraisers, developers, and Realtors regarding beautification projects, either in place or proposed, so that we might have an insight into market opinion on this issue. From this analysis, it was concluded that having improvements, such as those proposed for the Tuscawilla PUD and described to us, in place enhances the market perception of the area and, ultimately, the surrounding property values within the development.... There appears to be a positive and certain influence on the market value for properties in areas where such improvements are made.

Id. In addition, during the validation hearing, the appraiser provided uncontroverted testimony regarding the special benefit conferred upon properties in the District:

Q. [City Counsel] Now, Mr. Robbins, what did you, based on your investigation and your work in this project, what was your opinion in terms of what these improvements would have on the value of property, beneficial value of this property in the assessment area.
*259 A. [Appraiser] I concluded that there would be a positive, general overall benefit to the surrounding properties.
Q. [City Counsel] Could you tell the Court basically why you felt that.
A. [Appraiser] It was from my discussions with the developers, residential appraisers, and realtors, and engaging them in a discussion about what the impact of these types of improvements generally have on, or what their perception of those impacts are. And to see every person that I discussed this matter they conveyed to me for various reasons it would have a positive overall impact on those surrounding homes.

Validation opponents also argue that because other people outside of the District may benefit from the improvements, the improvements do not confer a "special" benefit upon property owners in the District. This argument fails, however, because the mere fact that the opponents presented testimony that non-neighborhood residents drive through the District on their way to other parts of the City, and en route will incidentally benefit from improvements in the District such as new signs, landscaping and street lighting, does not invalidate the special assessment. See Charlotte County v. Fiske, 350 So.2d 578, 581 (Fla. 2d DCA 1977) (holding that a special benefit is not lost merely because other properties incidentally benefit); see also Lake County,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Indian Creek Country Club, Inc. v. Indian Creek Village
211 So. 3d 230 (District Court of Appeal of Florida, 2017)
Vicki Thomas v. Clean Energey Coastal Corridor, etc.
176 So. 3d 249 (Supreme Court of Florida, 2015)
Scott Morris v. City of Cape Coral, etc.
163 So. 3d 1174 (Supreme Court of Florida, 2015)
Donovan v. Okaloosa County
82 So. 3d 801 (Supreme Court of Florida, 2012)
Desiderio Corp. v. City of Boynton Beach
39 So. 3d 487 (District Court of Appeal of Florida, 2010)
Hubbard v. CITY OF PIERRE
2010 SD 55 (South Dakota Supreme Court, 2010)
Donnelly v. Marion County
851 So. 2d 256 (District Court of Appeal of Florida, 2003)
Panama City Beach Community Redevelopment Agency v. State
831 So. 2d 662 (Supreme Court of Florida, 2002)
City of North Lauderdale v. SMM Properties, Inc.
825 So. 2d 343 (Supreme Court of Florida, 2002)
Workman Enterprises, Inc. v. Hernando County
790 So. 2d 598 (District Court of Appeal of Florida, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
776 So. 2d 255, 2001 WL 23107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-winter-springs-v-state-fla-2001.