Schrader v. Florida Keys Aqueduct Authority

840 So. 2d 1050, 28 Fla. L. Weekly Supp. 178, 2003 Fla. LEXIS 261, 2003 WL 548361
CourtSupreme Court of Florida
DecidedFebruary 27, 2003
DocketSC02-2166
StatusPublished
Cited by13 cases

This text of 840 So. 2d 1050 (Schrader v. Florida Keys Aqueduct Authority) 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
Schrader v. Florida Keys Aqueduct Authority, 840 So. 2d 1050, 28 Fla. L. Weekly Supp. 178, 2003 Fla. LEXIS 261, 2003 WL 548361 (Fla. 2003).

Opinion

840 So.2d 1050 (2003)

Christopher J. SCHRADER, Appellant,
v.
FLORIDA KEYS AQUEDUCT AUTHORITY, Appellee.

No. SC02-2166.

Supreme Court of Florida.

February 27, 2003.

*1051 Russell A. Yagel of Hershoff, Lupino & Mulick, LLP, Tavernier, FL, for Appellant.

Grace E. Dunlap, Kenneth A. Guckenberger, and Mark G. Lawson of Bryant, Miller and Olive, P.A., Tampa, FL; and Robert Feldman, General Counsel, Florida Keys Aqueduct Authority, Key West, FL, for Appellee.

Edward G. Guedes and Nina L. Boniske of Weiss, Serota, Helfman, Pastoriza & Guedes, P.A., Miami, FL, for City of Marathon, Florida, Amicus Curiae.

James T. Hendrick, County Attorney, Key West, FL, for Monroe County, Florida, Amicus Curiae.

WELLS, J.

Christopher J. Schrader appeals a circuit court judgment validating a proposed bond issue by the Florida Keys Aqueduct Authority (FKAA). We have jurisdiction. See art. V, § 3(b)(2), Fla. Const. For the reasons discussed below, we affirm the judgment of the circuit court.

A. FACTS AND PROCEDURAL HISTORY

The FKAA was created by a special act of the Legislature in 1976. See ch. 76-441, Laws of Fla. The FKAA's original purpose was to obtain, supply, and distribute an adequate water supply in the Florida Keys, but a 1998 amendment expanded its powers to develop a sewage system as well. See ch. 98-519, Laws of Fla. (empowering FKAA to provide sewer service, issue bonds to develop a sewage system, and "to prescribe the specific type of wastewater treatment facility or measures required to be used within [its] boundaries"). In 1979, the Florida Keys were designated as an "area of critical state concern" pursuant to the Florida Keys *1052 Area Protection Act. See § 380.0552(3), Fla. Stat. (2002); ch. 79-73, § 6, Laws of Fla. The Florida Keys area of critical state concern contains all lands in Monroe County, with the exception of the City of Key West, federal properties, areas included within the Everglades National Park, and property owned by local, state, or federal governments. See id.; Fla. Admin. Code R. 28-29.002. Likewise, in 1990, the United States Congress designated the nearshore waters of the Florida Keys as a marine sanctuary. See Fla. Keys National Marine Sanctuary and Protection Act of 1990, Pub.L. No. 101-605, 104 Stat. 3089. Due to the significance of the Florida Keys, in 1998, Governor Buddy MacKay charged all relevant state and local agencies and governmental entities to coordinate with Monroe County to execute its Year 2010 Comprehensive Plan, which includes the development of a countywide sewage system. See Fla. Exec. Order No. 98-309 (Dec. 30, 1998). To assist in the implementation of that plan, Monroe County entered into a "Memorandum of Understanding" with the FKAA, whereby the FKAA would finance and operate the planned sewage system.

Prior to 1999, general law required any owner of an "onsite sewage treatment and disposal system," such as a septic tank or cesspit, to mandatorily connect to a publicly owned or investor-owned sewage system within 365 days of notice of the availability of such services. See § 381.00655(1)(a), Fla. Stat. (1997). However, "package sewage treatment facilities" (package plants)[1] were not included within the definition of "onsite sewage treatment and disposal systems" and thus not subject to mandatory connection. See § 381.0065(2)(i), Fla. Stat. (Supp.1998). In 1999, while the Florida Keys' sewage system was in the planning stages, the Legislature passed chapter 99-395, Laws of Florida, a bill relating to a number of wastewater laws. Section 4 of chapter 99-395 stated:

Section 4. Notwithstanding any provision of chapter 380, part I, to the contrary, a local government within the Florida Keys area of critical state concern may enact an ordinance that:
(1) Requires connection to a central sewerage system within 30 days of notice of availability of services; and
(2) Provides a definition of onsite sewage treatment and disposal systems that does not exclude package sewage treatment facilities if such facilities are in full compliance with all regulatory requirements and treat sewage to advance wastewater treatment standards or utilize effluent reuse as their primary method of effluent disposal.

The effect of section 4, therefore, was to provide local governments within the Florida Keys area of critical state concern with the authority to impose more stringent connection ordinances than elsewhere—ordinances requiring connections within thirty rather than 365 days and which are applicable to package plants.

On January 19, 2000, relying upon section 4 of chapter 99-395, Monroe County enacted a county ordinance that included package plants within its scope and required mandatory connections within thirty days of receipt of notification that a publicly owned or investor-owned sewage system is available. See Monroe County, Fla., Ordinance No. 04-2000 (Jan. 19, 2000).[2] No negative comments were filed *1053 during the hearing on that ordinance's enactment.

On October 18, 2000, the FKAA passed a "Master Resolution" authorizing the issuance of sewer revenue bonds in various series to finance projects in distinct localities as part of the larger goal of creating a countywide sewage system. See Fla. Keys Aqueduct Authority Resolution No. 00-20 (Oct. 18, 2000). Payment of each series of bonds would be secured by the pledging of the net revenues of the system in the form of fees paid by the users required to connect to the system.

On the same day that the master resolution was passed, the FKAA authorized the first series of bonds (the series 2000 bonds), in the amount of $4.5 million, to finance the first sewage system to be constructed in the Little Venice area. See Fla. Keys Aqueduct Authority Resolution No. 00-21 (Oct. 18, 2000). The FKAA filed a complaint in circuit court pursuant to chapter 75, Florida Statutes (2000), requesting validation of the bonds, and notice of the validation hearing was published in The Key West Citizen newspaper. Following the hearing, the court entered final judgment validating the bonds and held that "[t]he authorization and provisions of Sections 381.0065 and 381.00655, Florida Statutes, and Monroe County Ordinance 04-2000, which [require] the owners of onsite treatment and disposal systems to connect to available publiclyowned or privately-owned sewage systems, is legal, valid and binding." Fla. Keys Aqueduct Authority v. State, No. CA-K-00-1525, order at 4-5 (Fla. 16th Cir. Ct. order filed Dec. 22, 2000).

Keys Citizens for Responsible Government, Inc. (Citizens), an intervenor in the bond validation proceedings, appealed the circuit court's final judgment to this Court under its mandatory bond validation jurisdiction. Citizens did not contest the circuit court's validation of the bonds but, rather, urged that the circuit court's validation of the mandatory connection requirement went beyond the scope of the bond validation proceeding. Noting that the FKAA's bond resolution included a provision requiring mandatory connection in order to secure payment on the bonds with the connection fees and service charges, this Court held that the validity of the mandatory connection ordinance was not a collateral issue. Keys Citizens for Responsible Gov't, Inc. v. Fla. Keys Aqueduct Auth., 795 So.2d 940, 944-47 (Fla. 2001).

After the series 2000 bonds were issued for the Little Venice area, the FKAA began work on its next project.

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840 So. 2d 1050, 28 Fla. L. Weekly Supp. 178, 2003 Fla. LEXIS 261, 2003 WL 548361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schrader-v-florida-keys-aqueduct-authority-fla-2003.