Metro-Dade Fire Rescue Serv. Dist. v. Metropolitan Dade County

616 So. 2d 966, 18 Fla. L. Weekly Supp. 230, 1993 Fla. LEXIS 589, 1993 WL 102093
CourtSupreme Court of Florida
DecidedApril 8, 1993
Docket79164
StatusPublished
Cited by2 cases

This text of 616 So. 2d 966 (Metro-Dade Fire Rescue Serv. Dist. v. Metropolitan Dade County) 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
Metro-Dade Fire Rescue Serv. Dist. v. Metropolitan Dade County, 616 So. 2d 966, 18 Fla. L. Weekly Supp. 230, 1993 Fla. LEXIS 589, 1993 WL 102093 (Fla. 1993).

Opinion

616 So.2d 966 (1993)

METRO-DADE FIRE RESCUE SERVICE DISTRICT, Petitioner,
v.
METROPOLITAN DADE COUNTY, Respondent.

No. 79164.

Supreme Court of Florida.

April 8, 1993.

*967 Bruce Rogow of Bruce S. Rogow, P.A., and Beverly Pohl, Fort Lauderdale, for petitioner.

Robert A. Ginsburg, Dade County Atty., Murray A. Greenberg, First Asst. County Atty. and Lee Kraftchick and William X. Candela, Asst. County Attys., Miami, for respondent.

HARDING, Justice.

We have for review Metropolitan Dade County v. Metro-Dade Fire Rescue Service District, 589 So.2d 920 (Fla. 3d DCA 1991), in which the Third District Court of Appeal certified to this Court the questions resolved by its opinion as ones of great public importance. Id. at 924 n. 6. The district court did not articulate a question; however, we have constructed the following question for resolution:

DOES THE DADE COUNTY COMMISSION HAVE LEGISLATIVE AUTHORITY OVER THE METRO-DADE FIRE AND RESCUE SERVICE DISTRICT TO DETERMINE WHAT SPECIFIC GOVERNING POWERS THE DISTRICT'S GOVERNING BODY MAY EXERCISE WHEN THE VOTERS OF DADE COUNTY HAVE PASSED AN AMENDMENT TO THE COUNTY CHARTER WHICH SPECIFICALLY STATES THAT THE COUNTY COMMISSION SHALL NOT BE THE GOVERNING BODY OF THE DISTRICT?

We have jurisdiction. Art. V., § 3(b)(4), Fla. Const. We answer the question in the negative and quash the decision of the district court regarding section 18-33 of Ordinance 87-32 and we approve the district court's decision validating section 18-27 of Ordinance 87-32.

In 1980, the Board of County Commissioners for Dade County (Commission) enacted an ordinance creating a special purpose district called the "Metro-Dade Fire and Rescue Service District" (District).[1] In accordance with the Dade County Charter at the time, the 1980 ordinance made the Commission the governing body of the special purpose district.[2] The 1980 ordinance authorized the Commission, inter alia, to adopt the District's budget and provided the District the authority to "levy an annual ad valorem tax not to exceed three (3) mills upon all taxable property within the district." Dade County, Fla., Code § 18-28 (1987).

In 1986, the Dade County voters amended the Charter[3] to remove the Commission *968 as the "governing body" of the District and replaced the Commission with the Fire and Rescue Service District Board (Fire Board), a board of five members to be elected by the registered voters within the District.[4] In June 1987, the Commission enacted Ordinance No. 87-32 which amended section 18-27, concerning membership on the Fire Board, and enacted section 18-33, concerning the governing powers of the Fire Board.

In March 1988, the voters of the District elected the members of the Fire Board. Subsequently, the Fire Board brought an action in the circuit court challenging the validity of section 18-27, entitled "Membership on Governing Body", and section 18-33, entitled "Powers of the Governing Body". The trial court granted relief and declared section 18-27(c), (d), and (e), and section 18-33, except for subsection (f), invalid. On appeal, the district court, sitting en banc, reversed and held that:

The trial court erred in declaring the ordinance invalid. The Fire Board enjoys only those powers conferred upon it by the County Commission. The Commission chose to limit the Fire Board's powers of governance to those enumerated in the 1987 ordinance. Such a limitation of power poses no conflict with the Charter's mandate that the five-member Fire Board shall govern the Fire and Rescue District; it merely delineates the scope of the governing body's powers. Simply put, the determination of what powers may be exercised by the governing body of the Fire District is not up to the governing body itself, but to the legislative body that created the district. The County Commission's legislative authority over the governing body of the Fire District allows the Commission to determine the scope of that governing body's powers.

Metropolitan Dade County, 589 So.2d at 922-923. On review before this Court, the Fire Board challenges the district court's conclusion that sections 18-33 and 18-27(e) do not violate the 1986 amendment to the Charter. The Fire Board argues that the district court erred in declaring the ordinances valid because the district court failed to give effect to the plain language of the 1986 amendment to the Charter that the Fire Board is the governing body of the District. Moreover, the Fire Board argues that because the Charter mandates that the Fire Board is the governing authority, the Commission cannot legislate contrary to the Charter. We agree and find Judge Cope's dissent in the opinion below persuasive.

The Charter as amended in 1986 is the constitution and the fundamental law of Dade County. See City of Miami Beach v. Fleetwood Hotel, Inc., 261 So.2d 801 (Fla. 1972) (holding that the Charter is the paramount law within Dade County). "The main purpose in construing constitutional provisions is to ascertain the intent of the framers and to effectuate the object designed to be accomplished." Metropolitan Dade County v. City of Miami Beach, 396 So.2d 144, 146 (Fla. 1980).

The 1986 amendment to the Charter has two parts: 1) "The Board of County Commissioners shall not be the governing body of the Metro-Dade Fire and Rescue Service District... ."; and 2) the "Fire and Rescue Service District shall be governed by five members elected ... by the registered voters *969 of the ... District." Dade County, Fla., Charter § 1.01(A)(11) (1986) (emphasis added). As the dissent below states:

The amendment could not be clearer. The 1986 amendment required the transfer of the "governing body" responsibilities from the County Commission to a Fire and Rescue Service Board which would be elected by the residents of the Service District itself.

Metropolitan Dade County, 589 So.2d at 926 (Cope, J., dissenting).

In determining the intent of the 1986 amendment, we agree with the dissent below that it is the court's function to interpret the Charter's phrase, "governing body." The court can determine the meaning of "governing body" from its plain language as well as the actions of the Commission, which served as the governing body of the district from 1980 to 1986. As the dissent below states:

The term "governing body" is a generic term which has long been in the Charter. Id. § 1.01(A)(11). The Charter applies that term to all special purpose districts, and not uniquely to the Fire and Rescue Service District. Id. The Charter does not itself contain a definition of the term, and the trial court correctly ruled that the term "governing body" must be given its usual and obvious meaning. See City of Jacksonville v. Glidden Co., 124 Fla. 690, 169 So. 216, 217 (1936); Seaboard System R.R., Inc. v. Clemente, 467 So.2d 348, 355 (Fla. 3d DCA 1985).
Under a standard definition, the "[g]overning body of [an] institution, organization or territory means that body which has ultimate power to determine its policies and control its activities." Black's Law Dictionary 625 (5th ed. 1979) (citation omitted). Similarly, "govern" means "to direct and control, rule, or regulate, by authority." Id.

Metropolitan Dade County, 589 So.2d at 928 (Cope, J., dissenting).

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616 So. 2d 966, 18 Fla. L. Weekly Supp. 230, 1993 Fla. LEXIS 589, 1993 WL 102093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metro-dade-fire-rescue-serv-dist-v-metropolitan-dade-county-fla-1993.