JAMES WARREN: DEPARTMENT OF WATER AND SEWERS OF THE CITY OF HIALEAH, APPELLANTS,
v.
BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA: DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEES

Fla. 3d DCA | 1983-06-07
No. 82-2261
Before SCHWARTZ, C.J., and BARK-DULL and NESBITT, JJ.
432 So. 2d 725 Florida District Court of Appeal, Third District (1983) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

PER CURIAM.

The summary final judgment declaring valid Section 24-42, Code of Metropolitan Dade County, is reversed. Although Section 24 — 42 properly restricts the use of fees collected thereunder to certain enumerated environmental services, Contractors and Builders Association of Pinellas County v. City of Dunedin, 329 So. 2d 314, 321 (Fla.1976), cert. denied, 444 U.S. 867, 100 S.Ct. 140, 62 L.Ed.2d 91 (1979), there remains a disputed issue of fact as to whether the amount of the fees collected bears a legitimate relationship to the costs incurred in providing the services. Contractors and Builders Association, supra, at 318; Broward County v. Janis Development Corp., 311 So. 2d 371 (Fla. 4th DCA 1975).

Reversed and remanded.

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