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.