SC10-1220 – North Port Road And Drainage District, Etc. v. West Villages Improvement District, Etc.

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State: Florida

Court: Supreme Court

Docket No: sc10-1220

Case Date: 02/02/2012

Plaintiff: SC10-1220 – North Port Road and Drainage District, Etc.

Defendant: West Villages Improvement District, Etc. – Corrected Opinion

Preview:Supreme Court of Florida
____________ No. SC10-1220 ____________ NORTH PORT ROAD AND DRAINAGE DISTRICT, etc., Petitioner, vs. WEST VILLAGES IMPROVEMENT DISTRICT, etc., Respondent. [February 2, 2012] CORRECTED OPINION POLSTON, J. The North Port Road and Drainage District (NPRDD), a municipal dependent special district wholly contained within the City of North Port, levied non-ad valorem special assessments against nine parcels of real property owned by West Villages Improvement District, an independent special district of the State of Florida. The Second District Court of Appeal in West Villages Improvement District v. North Port Road & Drainage District, 36 So. 3d 837, 840 (Fla. 2d DCA 2010), held that NPRDD could not lawfully impose the special assessments on West Villages' real property without statutory authority. We approve the Second

District's holding, but on the basis that NPRDD's home rule power under the Florida Constitution does not reach as far as it argues. 1 I. BACKGROUND Description of Special Districts Special districts are recognized in article VII of the Florida Constitution as governmental entities, and section 189.403, Florida Statutes (2008), defines the two main types of special districts as follows: (1) "Special district" means a local unit of special purpose, as opposed to general-purpose, government within a limited boundary, created by general law, special act, local ordinance, or by rule of the Governor and Cabinet. The special purpose or purposes of special districts are implemented by specialized functions and related prescribed powers. . . . The term does not include a school district, a community college district, a special improvement district created pursuant to s. 285.17, a municipal service taxing or benefit unit . . . , or a board which provides electrical service and which is a political subdivision of a municipality or is part of a municipality. (2) "Dependent special district" means a special district that meets at least one of the following criteria: (a) The membership of its governing body is identical to that of the governing body of a single county or a single municipality. (b) All members of its governing body are appointed by the governing body of a single county or a single municipality. (c) During their unexpired terms, members of the special district's governing body are subject to removal at will by the governing body of a single county or a single municipality. (d) The district has a budget that requires approval through an affirmative vote or can be vetoed by the governing body of a single county or a single municipality.

1. We have jurisdiction. See art. V,

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