LASKOWITZ V. SHIVER

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM A.D., 2004 CLAUDIA LASKOWITZ, ** ** Appellant, vs. ** CASE NO. 3D03-3192 ** STEVEN SHIVER, etc., ** Appellee. LOWER TRIBUNAL NO. 02-6171 ** Opinion filed June 23, 2004. An Appeal from the Circuit Court for Miami-Dade County, Michael A. Genden, Judge. Gary B. Goldman, for appellant. Robert A. Ginsburg, Miami-Dade County Attorney, and James K. Kracht, Assistant County Attorney, for appellee Shiver; and Ronald S. Lowy, for appellees/intervenors. Before SCHWARTZ, CJ., and SHEVIN, J., and DAUKSCH, James C., Jr., Senior Judge. PER CURIAM. This is an appeal from a Final Summary Judgment denying a Petition for Manager to Writ of validate Mandamus seeking eighty-eight establishment of a taxing district. to compel petitions the filed County for the We reverse. Claudia Laskowitz petitioned for the establishment of a Sky Lake Security Guard Special Taxing District. Miami-Dade County Code, which governs Chapter 18 of the the creation and establishment of special taxing districts, provides: Sec. 18-3(a). Petition. There shall be filed with the Clerk of the Board a petition requesting the creation and establishment of a special taxing district under the provisions of this article, signed by the County Manager or by fifty (50) percentum of the resident owners of property embraced within the proposed district. Because the petition submitted by Laskowitz contained the signatures of the requisite 50% of the resident property owners, the County should have validated the petitions so that the next phase of the process for establishing a special taxing district could begin. That eighty-eight of the resident property owners later signed an additional petition against the establishment of the special taxing district is of no effect, as the Miami-Dade Code is only concerned with petitions signed for the establishment of the district. Accordingly, the Final Summary Judgment is reversed and this matter remanded for the entry of judgment for Laskowitz. Reversed and remanded. 2

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