The Southern Poverty Law Center and American Civil Liberties Union of Florida filed a lawsuit against the City of Tallahassee for its “fire services fee,” alleging that it operates as an unconstitutional form of taxation not authorized by law.
The lawsuit asserts that this fee is collected as a hidden charge on monthly utility bills and that the fee disproportionately impacts low-income, Black and Brown households, students and renters. If a resident fails to pay the fire services fee, they risk severe penalties, including utility shutoffs, collections procedures, liens on the property and even foreclosure.
The lawsuit alleges that the fire services fee’s uniform charge per household places a heavier burden on low-income residents. Higher-income white households may end up paying less each month because the city structures its fire services fee into two “zones” with differing rates: an “inner” zone that is more racially diverse and lower-income, where each household pays a higher fee, and an “outer” zone that is predominantly white and higher-income, where the fee is lower.
The complaint claims that the city lacks the authority under the Florida Constitution or general law to levy its fire services fee. Article VII, Section 1 of the Florida Constitution explicitly prohibits local governments from creating new forms of taxation, reserving that power for the state. Local tax revenues are primarily derived from ad valorem property taxes, a progressive tax based on the value of real estate. However, the City of Tallahassee charges its fire services fee as a flat-rate, per-household charge on monthly utility bills.
The lawsuit asks the court to end the City of Tallahassee’s unconstitutional taxation practices, cease enforcement of the city’s fire services fees, and halt all debt collection and utility shutoff actions over residents’ unpaid fees.
