Metropolitan Dade County v. Metro-Dade Fire Rescue Service District
Docket: No. 89-2253
Court: District Court of Appeal of Florida; September 17, 1991; Florida; State Appellate Court
Dade County appeals a judgment declaring certain sections of the Dade County Code regarding the Metro-Dade Fire Rescue Service District invalid. The court reverses this decision, emphasizing the historical context of the ordinance. Article VIII, section 11 of the Florida Constitution empowers Dade County electors to adopt and amend a home rule charter, establishing the Board of County Commissioners as the governing body. In 1957, voters adopted the Home Rule Charter, which is deemed the fundamental law of Dade County and grants the Board legislative powers to establish governmental units.
In 1980, the Board created the Metro-Dade Fire and Rescue Service District through Ordinance No. 80-86 to ensure equitable funding for fire and rescue services and appointed itself as the governing body of the district. This ordinance allowed the Board to adopt the district's budget and levy a tax on properties within the district.
In 1986, voters amended the Charter to establish a five-member Fire Board as the governing body for the Fire District, removing the Board of County Commissioners from this role. In 1987, the County Commission enacted Ordinance 87-32 to implement this amendment, maintaining the tax rate and budgetary authority. The litigation centers on a provision of this ordinance that outlines the powers of the newly established Fire Board.
Section 18-33 of the ordinance delineates the powers and responsibilities of the governing body regarding fire and rescue services, including making recommendations, conducting studies, coordinating with other governmental units, and developing financing plans. The governing body is also empowered to undertake additional duties assigned by the county commission and has the authority to sue and be sued. However, it cannot commit the county to policies or incur financial obligations without county commission approval.
The newly elected Fire District Governing Board challenged the validity of the ordinance limiting its powers, as well as related provisions regarding midterm vacancies, member compensation, and budget authority. The trial court declared these sections invalid, but the County appealed, resulting in a reversal of the trial court's decision. The appellate court held that the Fire Board's powers are confined to those granted by the County Commission, which retains authority to define the scope of governance. The ruling emphasized that the legislative body that creates an entity also possesses the power to limit its functions, asserting that an entity can only exercise powers explicitly or implicitly conferred by its governing statute or ordinance.
The 1987 ordinance regarding the Fire Board aligns with the structure of County government as outlined in the Charter and existing ordinances. The County Manager retains authority as the chief executive officer, directing operations based on a delegation from the County Commission. The Fire Board’s interpretation of its powers conflicts with this governance scheme, as it seeks decision-making authority reserved for the County Manager and County Commission. The Dade County Code regulates fire services, mandating that the County Fire Department provide protection as directed by the County Manager, who can enter agreements with municipalities, subject to County Commission approval. The head of the Fire Department is appointed by the County Manager, and operational procedures are dictated by the Manager's regulations. These provisions limit the Fire Board's operational authority.
The ordinance challenged is consistent with prior legislation establishing the Metropolitan Dade County Fire Department. The Fire Board's assertion that the 1987 ordinance is invalid—because it maintains the County Commission as the governing body of the Fire District, contrary to the Charter—is incorrect. While the ordinance reserves decision-making authority for the County Commission, this is required by the Charter. The 1986 Charter amendment designated the Fire Board as a distinct governing body but did not specify its powers, leaving such determinations to the County Commission. The Charter does not restrict the Commission’s authority over the Fire Board, affirming its legislative power to define the Board's governance scope. Consequently, the court reversed the judgment under review.
BARKDULL, NESBITT, FERGUSON, LEVY, and GODERICH, JJ. concur. The 1980 Charter designated the Board of County Commissioners as the governing body for special purpose districts, granting it jurisdiction similar to its role as the Board. The Dade County Commission's authority to establish the budget for the Metro-Dade Fire and Rescue Service District classifies it as a dependent special district, defined under Fla.Stat. 189.403(2), 1989, as one whose budget requires approval from a single county or municipality's governing body. The trial court upheld the section allowing the Fire Board to sue and be sued, while noting that sections 2-182 and chapter 14 of the Dade County Code are not cross-referenced with section 18-33. Counsel for the Board acknowledged uncertainty regarding the relationship among these sections. The court certifies the questions resolved in this case as being of significant public importance to the Supreme Court of Florida.
