Metropolitan Dade County v. City of Miami

396 So. 2d 144
CourtSupreme Court of Florida
DecidedApril 14, 1981
Docket57406
StatusPublished
Cited by5 cases

This text of 396 So. 2d 144 (Metropolitan Dade County v. City of Miami) 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
Metropolitan Dade County v. City of Miami, 396 So. 2d 144 (Fla. 1981).

Opinion

396 So.2d 144 (1980)

METROPOLITAN DADE COUNTY and the Board of County Commissioners of Metropolitan Dade County, Appellants,
v.
CITY OF MIAMI, City of Miami Beach, Sol Green, Lynn Jacobs, Charles Bardakji, Omni International Talent Associates, Inc., Appellees.

No. 57406.

Supreme Court of Florida.

October 16, 1980.
As Modified on Denial of Rehearing April 14, 1981.

Stuart L. Simon, Dade County Atty., and R.A. Cuevas, Jr., Asst. County Atty., Miami, for appellants.

George F. Knox, Jr., City Atty., and Mikele S. Carter, Asst. City Atty., Miami, for City of Miami.

Robert L. Shevin, City Atty., and Bruce M. Singer, Asst. City Atty., Miami Beach, for City of Miami Beach.

Richard N. Friedman, Miami, for Sol Green, Lynn Jacobs, Charles Bardakji, Omni Intern. Talent Associates, Inc.

McDONALD, Justice.

Dade County appeals a judgment invalidating a county ordinance regulating taxicabs throughout Dade County, including the cities of Miami and Miami Beach. The trial judge based his ruling on a declaration that article VIII, section 4, Florida Constitution[1] prevails over article VIII, section 6(e), Florida *145 Constitution.[2] We have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution (1972).

In 1974 the legislature transferred all of the Public Service Commission's existing authority to regulate taxicabs to those charter counties which wished to accept that responsibility.[3] The voters of Dade County amended their home rule charter in 1976 to expand the county's authority to regulate taxicabs to include the entire county. In 1979 the county enacted an ordinance designed to provide comprehensive countywide regulation of taxicabs. For many years prior thereto, however, the cities of Miami and Miami Beach had regulated taxicabs within their respective city limits. These cities filed suit contending that the county exceeded its authority in enacting such a comprehensive ordinance. To support their contention, the cities relied on section 323.052(3), Florida Statutes,[4] which provides that cities regulating for-hire vehicles on July 1, 1974 would continue to do so "unless such authority is transferred to the county by a majority vote of the governing body of the municipality." Neither city relinquished its authority by means of this statutory procedure or by any other method.

The trial court determined that two provisions of the state constitution pertain to the transfer of powers between counties and municipalities: Article VIII, section 4; and article VIII, section 11(1)(d), 1885 Constitution,[5] which is incorporated into the *146 1968 Constitution by article VIII, section 6(e). The trial court first found the challenged ordinance to have been properly enacted pursuant to section 11(1)(d) and the county home rule charter. The court also found, however, that section 4 controls over section 6(e). According to the trial court, therefore, the "or as otherwise provided by law" language in section 4 means that the general law provision in section 323.052(3) should prevail over the home rule provisions in sections 6(e) and 11(1)(d), the county home rule charter, and the case law interpreting those provisions. Since the statutory procedure had not been followed, the court invalidated the ordinance, and this appeal followed.

To support its finding that section 4 prevails over section 6(e), the trial court relied on Sarasota County v. Town of Longboat Key, 355 So.2d 1197 (Fla. 1978). That reliance is misplaced. Sarasota County, stands for the proposition, inter alia, that both charter and noncharter counties are subject to the provisions of section 4. The instant case, on the other hand, presents the question of whether section 4 prevails over the explicit savings clause in section 6(e).

The main purpose in construing constitutional provisions is to ascertain the intent of the framers and to effectuate the object designed to be accomplished. State ex rel. Dade County v. Dickinson, 230 So.2d 130 (Fla. 1969); State ex rel. West v. Gray, 74 So.2d 114 (Fla. 1954); Amos v. Mathews, 99 Fla. 1, 126 So. 308 (1930); Mugge v. Warnell Lumber & Veneer Co., 58 Fla. 318, 50 So. 645 (1909). Section 6(e) is a clear and unambiguous statement of intent by the state's electors. That section provides that the Dade County Home Rule Amendment (section 11, article VIII, 1885 Constitution) "shall remain in full force and effect ... as if this article [VIII, 1968 Constitution] had not been adopted." To hold that section 4 prevails over this direct savings clause would go against the intent expressed in section 6(e) and would thwart the objective of preserving Dade County's constitutional home rule amendment. We hold, therefore, that section 6(e) controls over section 4 and that the trial court erred in finding otherwise.

Because of its finding that section 4 prevails over section 6(e), the trial court saw no necessity to rule on the conflict between the county ordinance and section 323.052(3). Due to our holding above, however, that question must now be considered.

This Court has noted that the metropolitan government of Dade County is unique in this state due to its constitutional home rule amendment. See McNayr v. Kelly, 184 So.2d 428 (Fla. 1966). That amendment gives Dade County numerous powers which set Dade apart from the state's other counties. One such difference is Dade County's power to enact ordinances, when expressly authorized by the home rule amendment, which conflict with the state constitution or with state law.[6]

Numerous decisions have invalidated Dade County ordinances and parts of the Dade County Charter, however, because of impermissible, unauthorized conflict with the state constitution or with general state *147 law.[7] In State ex rel. Dade County v. Dickinson, 230 So.2d 130 (Fla. 1969), this Court held that nothing in the Dade County Home Rule Amendment allowed that county to exceed the ten-mill constitutional cap on county taxes. This Court has also found nothing in section 11 which would permit Dade County cities to abrogate the statutory debt limit imposed on cities. Seminole Rock Prods., Inc. v. Town of Medley, 180 So.2d 457 (Fla. 1965). Since state law recognized fortunetelling and similar occupations, a Dade County ordinance prohibiting engaging in such occupations was invalidated because the home rule amendment did not expressly reserve such power in the county. Board of County Comm'rs. of Dade County v. Boswell, 167 So.2d 866 (Fla. 1964). In Kaulakis v. Boyd, 138 So.2d 505 (Fla. 1962), this Court struck down a section of the county charter which waived the county's tort immunity. Nothing in section 11 permitted such waiver, and the constitution specifically prohibited it. The Court also invalidated Dade County's 1958 taxicab ordinance as creating impermissible conflict with state law. Dade County v. Mercury Radio Serv., Inc., 134 So.2d 791 (Fla. 1961). Finally, in Dade County v. Kelly, 99 So.2d 856 (Fla. 1957), the Court held that Dade could not make piecemeal transfers of the sheriff's duties, in contravention of the governor's constitutional power to remove constitutional officers, without abolishing the office of sheriff.

The Third District Court of Appeal has also considered whether Dade County ordinances can conflict with general laws and with the state constitution.

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