The School Board of Miami-Dade County v. The City of Miami Beach
The City of Miami Beach sued the Miami-Dade School Board to collect municipal stormwater utility fees; the trial court denied the Board's motion to dismiss on sovereign immunity grounds, relying on repealed section 167.01, Florida Statutes (1971), and section 166.042. The Third DCA reversed, holding that the Board enjoys sovereign immunity because neither Chapter 180 nor Chapter 403 clearly and unequivocally waives sovereign immunity as to stormwater fees, and a repealed statute cannot supply the required unequivocal waiver.
Key facts
- The City of Miami Beach sued the School Board of Miami-Dade County to collect municipal stormwater utility fees assessed against the Board's properties.
- The trial court denied the Board's motion to dismiss on sovereign immunity grounds, relying on a repealed statute (section 167.01, Florida Statutes (1971)) and section 166.042.
- +2 more key facts with a free trial
Why it matters
The decision confirms statewide uniformity across the First, Second, Third, and Fourth Districts that municipalities cannot compel state entities—school boards, colleges, DOT—to pay stormwater utility fees absent a… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.