Homestead Hosp. v. Miami-Dade County,
No. 3D02-179 (Fla. Dist. Ct. App. Sept. 4, 2002)

The Florida legislature enacted a statute which permitted counties to levy a 0.5% surtax to benefit public hospitals and the indigent care they provide. The statute was later amended to permit Miami-Dade County to divert a portion of the collected surtax to private hospitals that provide indigent care, through the appointment of a nominating committee of members from that county. The county refused to act upon the amended statute, claiming that it was unconstitutional because it was applicable only to this particular county. Several private hospitals that would benefit from the amended statute sued the county. The Third District Court of Appeals of Florida refused to grant declaratory relief to the hospitals, holding that, as written, the amended statute was only applicable to Miami-Dade County and, therefore, was an unconstitutional special law and that the statute could not be saved by severing the nominating committee provisions because it was clear that the legislature intended that the statute would apply only to Miami-Dade County.