CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...not have the authority to impose a special assessment to fund fire rescue services. They sought to declare the fire rescue assessment, Ordinance Number 11584, unconstitutional and a return of all funds the City collected. They also sought to declare section 170.201, Florida Statutes, unconstitutional, to the extent that it permitted municipalities to levy and collect special assessments to fund municipal services that included fire protection and emergency medical services....
...The court deferred class certification pending trial or cross-motions for summary judgment on the refund issue. The original plaintiffs subsequently moved for summary judgment on the invalidity of Ordinance Number 11584 and the unconstitutionality of section 170.201. The trial court held the ordinance invalid to the extent that it authorized the City to impose a special assessment for emergency medical services, and it declared section 170.201 unconstitutional to the extent that it included the phrase emergency medical services....
CopyCited 3 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 174, 2011 Fla. LEXIS 952, 2011 WL 1496478
...The court deferred class certification pending trial or *1020 cross-motions for summary judgment on the refund issue. The original plaintiffs subsequently moved for summary judgment on the invalidity of Ordinance Number 11584 and the unconstitutionality of section 170.201. The trial court held the ordinance invalid to the extent that it authorized the City to impose a special assessment for emergency medical services, and it declared section 170.201 unconstitutional to the extent that it included the phrase emergency medical services....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2006 WL 2347005
...E PUBLIC SCHOOL BOARD FUNDS TO SATISFY SPECIAL ASSESSMENTS? QUESTIONS CERTIFIED. PLEUS, C.J., ORFINGER and TORPY, JJ., concur. NOTES [1] The so-called statutory exemption in favor of public schools is not a model of legislative clarity by any means. Section 170.201(2), Florida Statutes (2005), states that "property owned or occupied by a ....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2000 WL 763620
...ind that the assessment "has the indicia of a tax because it is proposed to support many of the general sovereign functions contemplated within the definition of a tax." Collier County,
733 So.2d at 1018. Lastly, we reject the City's contention that section
170.201, Florida Statutes (1997), requires that the assessment in this case be validated....
...Chapter 170 is entitled "Supplemental and Alternative Method of Making Local Municipal Improvements" and is designed to offer guidance to municipalities in the exercise of their authority to levy and collect assessments "against property benefitted." Section 170.201(1) provides in part that "[i]n addition to other lawful authority to levy and collect special assessments, the governing body of a municipality may levy and collect special assessments to fund capital improvements and municipal servic...
...ted to, fire protection, emergency medical services, garbage disposal, sewer improvement, street improvement, and parking facilities." We read the provisions of chapter 170 as a whole as applying only to services which benefit the burdened property. Section 170.201 may not be properly applied to salvage the assessment for emergency medical services in this case because without a showing of special benefit to property, the assessment amounts to an improper tax....
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
special assessments, given the provisions in section
170.201, Florida Statutes. That section states: "(1)
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
substantially the following question: Does section
170.201, Florida Statutes, authorizing the imposition
CopyPublished | Florida 3rd District Court of Appeal | 2017 WL 192013, 2017 Fla. App. LEXIS 452
...statute to
say “a municipality that has a population fewer than 100 persons . . . may also levy
and collect special assessments to fund special security and crime prevention
services and facilities, including guard and gatehouse facilities.” § 170.201(1) Fla.
Stat....
...lage
used. Because we conclude there was no competent substantial evidence of a
logical relationship between the services provided and the benefit to the property,
the Village’s cross-appeal from the final judgment fails.
THE 2010 AMENDMENT TO SECTION 170.201 FLORIDA STATUTES (2011)
We review the trial court’s conclusions of law on the issue of the single-
subject rule and the 2011 amendment to section 170.201 de novo....
...purpose of the legislation more effective. Franklin v. State,
73 So. 3d at 153 (Fla.
2004). The party challenging the validity of the legislation must prove invalidity
beyond a reasonable doubt. Id. at 153.
We affirm the trial court’s determination that the 2011 amendment to section
170.201 was constitutional....
...additional “special” benefit from the assessment’s funding of Village security
services. The Club argues that the trial court should not have gone further to rule
that special benefit to the real property was established by the 2011 legislative
amendment to section 170.201, and that the statute was constitutional because the
amendment was related to government accountability. The Club asks this Court to
find the 2011 legislative amendment to section 170.201 violated the single subject
rule because it was unrelated to the subject matter of the bill, and was thus
unconstitutional....
