CORRECTIONS CORPORATION OF AMERICA, INC., a Foreign Corporation, Appellant,
CITY OF PEMBROKE PINES, a Florida Municipal Corporation; and CCA PROPERTIES OF AMERICA, LLC, a Tennessee Limited Liability Company, Appellees.
final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Carol-Lisa Philips, Judge; L.T. Case No.
12-007337 CACE (25).
Leonard K. Samuels, Paul S. Figg and Ashley Dillman Bruce of
Berger Singerman LLP, Fort Lauderdale, for appellant.
L. Brown and Victor Kline of Greenspoon Marder, P.A.,
Orlando, for appellee City of Pembroke Pines.
Alfredo Marquez-Sterling and Keith M. Poliakoff of Arnstein
& Lehr LLP, Fort Lauderdale, for Amicus Curiae the Town
of Southwest Ranches.
ON MOTION FOR REHEARING
grant appellee's motion for rehearing in part, withdraw
our previously issued opinion, and substitute the following
in its place to correct an erroneous factual reference.
Corporation of America ("CCA") appeals a trial
court order-sounding in declaratory relief-holding that the
City of Pembroke Pines did not have a duty to provide water
and sewer services to CCA's property site, as well as a
final order dismissing CCA's counterclaims. Because we
find that Pembroke Pines affirmatively expressed its
intention to assume such a duty, we reverse the order
determining that Pembroke Pines did not. Because it appears
the trial court dismissed CCA's counterclaims based on
its determination that Pembroke Pines did not have a duty to
CCA, we also reverse the order dismissing CCA's
sought sewer and water services from Pembroke Pines for its
property located in the Town of Southwest Ranches but
adjacent to Pembroke Pines ("the CCA site").
Pembroke Pines operates potable water and sewer systems that
service properties within its boundaries, as well as some
properties outside of those boundaries. Those services
provided outside of the boundaries extend to a limited number
of residential and commercial properties. Southwest Ranches
does not have potable water or sewer systems to service its
residents, and Pembroke Pines is the only provider in the
area. The CCA site is surrounded by four other properties,
all of which are, or were at one time, serviced by Pembroke
Pines' water or sewer systems (or both). Only one of
these properties is actually located within the boundaries of
Pembroke Pines. At all times relevant to this dispute,
Pembroke Pines admitted that it had the capacity and
infrastructure in place to provide water and sewer services
to the CCA site through its systems that abut the site.
2005, CCA and Southwest Ranches entered into an agreement
concerning the development of a correctional facility on the
CCA site. The agreement provided that "all required
water, sewer and other utility services are available"
at the CCA site. CCA was advised that while a water and sewer
agreement with Pembroke Pines would be required, it was
unclear whether the Pembroke Pines City Commission would
grant those services. However, later in 2005, Southwest
Ranches entered into an interlocal agreement with Pembroke
Pines regarding local roadways and other matters
("Roadways ILA"), in which Pembroke Pines agreed
not to interfere with the development or operation of
CCA's jail facility:
Jail Facility. [Pembroke Pines] shall not interfere
with [CCA's], or its successors or assigns, development
and/or operation of the jail facility, or with [Southwest
Ranches]'s Agreement with [CCA] concerning development of
2011, Immigration and Customs Enforcement ("ICE")
tentatively selected the CCA site to build a new detention
facility. A few days later, Pembroke Pines and Southwest
Ranches entered into another interlocal agreement concerning
emergency medical and fire services (the "EMS ILA")
that provided in pertinent part:
Jail Facility: [Pembroke Pines] acknowledges that it
has sufficient capacity to deliver emergency medical
protection and fire prevention services to [Southwest
Ranches]'s future 2, 500 bed detention/corrections
facility, located on property currently owned by [CCA].
[Pembroke Pines] agrees to timely provide Broward County,
upon request, any documentation that Broward County may
require to acknowledge that Pembroke Pines has the capacity,
ability, and the willingness to service this facility under
the terms and conditions contained herein. . . . Further,
[Pembroke Pines] agrees that it has sufficient capacity to
provide water and sewer service to [Southwest Ranches]'s
future 2, 500 bed detention/corrections facility
(approximately 500, 000 gross square feet of floor area),
and that it will expeditiously approve a water/waste
water utility agreement to provide such service, at
[Pembroke Pines]'s then prevailing rate, in
accordance with state law ([Pembroke Pines]'s rate
(Emphasis added). In a special meeting on June 27, 2011, the
Pembroke Pines City Commission voted on and approved the EMS
ILA in Resolution No. 3312.
five months later, in December 2011, the City Commission
passed yet another affirmative motion, that one being
"to approve direction that, should CCA come forward with
a request for Pembroke Pines to provide them water and sewer
service, that the water and sewer agreement stipulate that it
would be for not more than 1, 500 beds based on the
Engineer's report" (the "December 2011
Motion"). CCA then submitted to Pembroke Pines a
proposed Water and Sewer Installation and Service Agreement
(the "W & S Agreement") for a 1, 500-bed
facility, and requested that the matter be finalized at the
first available City Commission meeting. Pursuant to the EMS
ILA, the Pembroke Pines city attorney and the Pembroke Pines
city manager agreed on the contractual terms with CCA and the
W & S Agreement was then submitted to the City
Commission. In an abrupt departure from the numerous
manifestations of intent expressed by the Pembroke Pines City
Commission over the previous six years, the City Commission
did not vote on the W & S Agreement and quite to the
contrary, formally adopted a resolution expressing its
opposition to ...