MANATEE CTY. v. Town of Longboat Key

365 So. 2d 143
CourtSupreme Court of Florida
DecidedOctober 26, 1978
Docket53142
StatusPublished
Cited by46 cases

This text of 365 So. 2d 143 (MANATEE CTY. v. Town of Longboat Key) 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
MANATEE CTY. v. Town of Longboat Key, 365 So. 2d 143 (Fla. 1978).

Opinion

365 So.2d 143 (1978)

MANATEE COUNTY, Florida, a Political Subdivision, Appellant,
v.
TOWN OF LONGBOAT KEY, Florida, City of Bradenton Beach, Florida, and City of Bradenton, Florida, Municipal Corporations, Appellees.

No. 53142.

Supreme Court of Florida.

October 26, 1978.
Rehearing Denied January 9, 1979.

*144 E.N. Fay, Jr. of Mann & Fay, Bradenton, for appellant.

I.W. Whitesell, Jr. of Wood, Whitesell & Karp, Sarasota; and William R. Lisch, Bradenton, for appellees.

Talbot D'Alemberte and Donald M. Middlebrooks of Steel, Hector & Davis, Miami; and Richard E. Nelson of Nelson, Hesse, Cyril & Weber, Sarasota, for Sarasota County; and Robert L. Nabors, County Atty. of Nabors, Potter, McClelland & Griffith, Titusville, for Brevard County and the State Ass'n of County Com'rs of Florida, Inc., amici curiae.

Ralph A. Marsicano, Gen. Counsel, Tampa; and Claude L. Mullis, Staff Atty., Jacksonville, for Florida League of Cities, Inc., amicus curiae.

HATCHETT, Justice.

Does Article VIII, Section 1(h) of the Florida Constitution, as implemented by Section 125.01(6)(a), (b), Florida Statutes (1975), impose a limitation only on the power of counties to levy and collect taxes? May a municipality enforce the limitation by a lawsuit? We answer both questions in the affirmative and remand these consolidated cases to the trial court. Our jurisdiction is provided by Article V, Section 3(b)(1), of the Florida Constitution.

In 1968 the people of the State of Florida approved Article VIII, Section 1(h) of the Florida Constitution, which provides:

TAXES; LIMITATION.
Property situate within municipalities shall not be subject to taxation for services rendered by the county exclusively for the benefit of the property or residents in unincorporated areas.

To implement this constitutional provision, the Legislature amended Section 125.01, Florida Statutes, by enacting Ch. 74-191, Laws of Florida, codified as Section 125.01(6)(a) and (b), Florida Statutes, which provides:

(a) The governing body of a municipality or municipalities by resolution, or the citizens of a municipality or county by petition of 10 percent of the qualified electors of such unit, may identify a service rendered specially for the benefit of the property or residents in unincorporated areas and financed from county-wide revenues and petition the board of county commissioners to develop an appropriate *145 mechanism to finance such activity, which may either be by taxes, special assessments, or service charges levied solely upon residents or property in the unincorporated area, by the establishment of a municipal service taxing or benefit unit pursuant to paragraph (q) of subsection (1) of this section or by remitting the identified cost of service paid by the taxes levied upon property situate within the municipality or municipalities to the municipality or municipalities.
(b) The board of county commissioners shall within 90 days, file a response to such petition, which shall either reflect action to develop appropriate mechanisms or reject said petition and state findings of fact demonstrating that the service does not specially benefit the property or residents of the unincorporated areas.

Following the directions of the statute, Longboat Key, Bradenton, and Bradenton Beach, presented resolutions to the Manatee County Board of County Commissioners identifying "service[s] rendered specially for the benefit of the property or residents in unincorporated areas and financed from county-wide revenues." In spite of the statute's mandatory language, the board of county commissioners took no action, as contemplated by the statute, on the resolutions. The cities filed lawsuits which were consolidated for trial.

After taking evidence, the trial court found: (1) that inequities existed between the taxes paid by property owners in the municipalities and the services received by these taxpayers from Manatee County; (2) that Bradenton and Bradenton Beach had received at least as much in services as its property owners had paid in taxes; (3) that property owners of Longboat Key had paid more in ad valorem taxes for two years than they had received in services; (4) that Manatee County must pay Longboat Key for 1975-76 the sum of $276,714.99 and for 1976-77 the sum of $227,097.10; and (5) that Manatee County must establish municipal service taxing units or districts to correct the imbalance. The county appealed the trial court's order to the Second District Court of Appeal, and the cities of Brandenton and Longboat Key cross-appealed.

The Second District Court of Appeal, in a logical and well written opinion, held: (1) that "The only services which must be considered are those rendered by the county which result `in no real or substantial benefits to the municipal property owners'," citing City of St. Petersburg v. Briley, Wild and Assoc., Inc., 239 So.2d 817 (Fla. 1970); (2) that Article VIII, Section 1(h), Florida Constitution, is a limitation not only on property taxes but also on revenue derived from other sources; (3) that "all but one of the services enumerated in the [trial court's] final judgment are being rendered exclusively for the benefit of the residents or property owners of unincorporated areas;" (4) that the trial court "was within its authority to order the county to take the steps necessary to insure that in the future the cost of such services shall be borne only by those in the unincorporated areas;" (5) that the trial court "exceeded its authority in specifically directing the establishment of taxing districts when the statute gives to the county the option of determining which method shall be followed to accomplish this result;" and (6) that a "court can properly order a county to reimburse a city for taxes already paid by its property owners which went to pay for services rendered exclusively for the benefit of unincorporated areas." The court then "fashion[ed] a suitable method for the resolution of ... [the] controversy." The case was remanded to the trial court for redetermination of what the county should be required to remit to the municipalities under a formula devised by the district court.[1]

To determine the principal questions in this important case, we must consider the following issues: (A) whether Article VIII, Section 1(h), Florida Constitution, is a limitation only on the power of a county to levy *146 and collect taxes, or a limitation on the use of all county funds; (B) whether Article VIII, Section 1(h), Florida Constitution, and Section 125.01(6), Florida Statutes, waive sovereign immunity; (C) whether a taxpayer is an indispensable party to an action brought by a municipality to remedy the effects of dual taxation under Section 125.01(6), Florida Statutes.

I

Article VIII, Section 1(h), Florida Constitution, is only a limitation on the power of counties to tax. We have so held in a number of cases. In City of St. Petersburg v. Briley, Wild and Assoc., Inc., supra, we held that this constitutional provision "prohibits the taxation of municipally-situate property by the County for any services rendered by the County where no real or substantial benefit accrues to city property from such services. Conversely, this provision permits such taxation where such service is found to be of real or substantial benefit to such property." (At 822, 823.) (Emphasis supplied.) In that case, we stated the issue presented for determination to be:

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365 So. 2d 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manatee-cty-v-town-of-longboat-key-fla-1978.