TALLAHASSEE, FL — The City of Tallahassee is facing a lawsuit over fire service fees.
- The ACLU and SPLC filed the lawsuit on behalf of residents who make up Citizens for Government Accountability
- Dot Inman-Johnson, CEO of CGA, said they are fighting for all residents facing this fee on their utility bill, which they are calling "unconstitutional".
- Watch the video below for a breakdown of the lawsuit.
UPDATED:
The ACLU and the Southern Poverty Law Center are filing a lawsuit on behalf of residents against the City of Tallahassee over fire service fees.
Monday, ACLU Staff Attorney Nicholas Warren, representing residents that make up the non-profit Citizens for Government Accountability said how the city is charging the fire service fee, on the utility bill, is "unconstitutional".
"The bottom line is, the reason why this is illegal and unfair, because it's a per household flat fee," said Warren at a presser Monday.
Instead, they are pushing for the fee to be paid through general revenue from property taxes, a progressive tax that changes depending on the value of the home.
The debate over fire service fees has been ongoing, as the County contracts with the City of Tallahassee for fire services through an inter-local agreement.
It began when the City wanted to increase the fire service fee by over 20%, the County pushed back on this, and how the fee is paid.
The City charges fire services through their utility bill.
In the summer, Leon County declined to implement any increase citing the terms of their 5-year interlocal agreement which said the City cannot increase the fee without the County's approval. They also agree to change how the fee is charged, now placing it on the property tax bill instead, referencing a lawsuit in Ocala that deemed the tax "unconstituional".
The City Commission did pass a 10% increase for fire services, about a $2 increase per month.
The City also decided to terminate its relationship with the County over fire service fees when their contract comes to an end in 2028.
The current lawsuit said charging the fee on the utility bill "disproportionately burdens people who live in lower-income properties."
"The burden for fire services in our community wil be placed on the backs of people least able to carry that burder," said Dot Inman-Johnson, CEO of Citizens of Government Accountability.
Warren said the millage rate would likely have to increase to fill the gap.
ABC 27 reached out to the City of Tallahassee for comment, as of Monday afternoon, they had not yet responded.
Original:
The American Civil Liberties Union of Florida and Southern Poverty Law Center filed a lawsuit against the City of Tallahassee over its fire services fee, which they claim is an unconstitutional form of taxation that disproportionately impacts low-income and minority residents.
The lawsuit, filed in the Second Judicial Circuit in Leon County, Florida, challenges the fee collected as a hidden charge on monthly utility bills, according to an ACLU-FL press release. The organizations argue the fee unfairly burdens Black and Hispanic residents, students, and renters who face severe penalties, including utility shutoffs, collections procedures, liens, and potential foreclosure for non-payment.
The fee structure creates two zones with different rates, according to the press release. An "inner" zone that is more racially diverse and lower-income pays higher fees, while an "outer" zone that is predominantly white and higher-income pays lower rates.
Nicholas Warren, ACLU of Florida staff attorney, said in part,
"This regressive tax is as illegal as it is unjust. As living costs keep rising, the mayor and city commissioners chose to increase a charge that exacerbates inequality and falls hardest on our neighbors who are most under strain."
The organizations claim the city lacks authority under the Florida Constitution to levy such a fee. Article VII, Section 1 of the Florida Constitution prohibits local governments from creating new forms of taxation, reserving that power for the state, according to the press release.
The lawsuit was filed on behalf of Tallahassee residents Dorothy Inman-Johnson, Deborah Cozart-Hawkins, and Jamila Robinson, as well as Citizens for Government Accountability.
The lawsuit seeks to end the city's fire services fee collection, cease enforcement actions, and halt all debt collection and utility shutoff procedures related to unpaid fees.
To read the full complaint, click here.
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