Municipal LiabilityPolitics

Tallahassee Sued Over Fire Services Fee Charged Through Utility Bills

A group of Tallahassee residents and a local government-watchdog nonprofit have filed suit against the City of Tallahassee challenging the legality of the city’s long-standing Fire Services Fee. The lawsuit was filed November 17, 2025, in Leon County Circuit Court by former mayor Dorothy Inman-Johnson, Deborah Cozart-Hawkins, Jamila Robinson, and Citizens for Government Accountability Inc. 

According to the complaint, the Fire Services Fee has been imposed since 1999 as a flat monthly charge added to city utility bills. The plaintiffs contend that the fee is an unconstitutional tax because it is not authorized by the Florida Constitution or general law and did not follow statutory procedures governing the creation of taxes or special assessments. They allege that “the City of Tallahassee has invented for itself a new form of taxation, to fund the provision of fire services,” and that the fee is “hidden on monthly utility bills.” 

The plaintiffs also challenge how the fee is structured. The complaint states that Tallahassee charges two different monthly rates based on geographic zones, with the “inner” zone paying a higher amount. According to the filing, the inner zone is “more racially diverse and lower-income,” while the “outer” zone is “whiter and higher-income.” As a result, the plaintiffs assert that lower-income households and Black and Latino residents “bear a disproportionately higher cost.” 

The lawsuit explains that the fee is charged only to city utility customers and not to all property owners within Tallahassee, including owners of vacant or undeveloped land who still receive fire protection services. The plaintiffs allege that this structure means residents must pay the fee whether or not they ever use fire protection services, and that the city provides the same fire response regardless of whether the fee has been paid. 

The complaint cites the penalties for non-payment—including late fees, termination of utility service, collections, liens, and potential foreclosure—as evidence that the fee is “involuntary” and therefore functions as a tax. 

According to reporting by WCTV, the suit follows the City Commission’s September 2025 decision to readopt the Fire Services Fee ordinance and approve a 9.98% increase, which took effect October 1, 2025. The complaint confirms that the fee was most recently increased through Resolution 25-R-45. 

The plaintiffs seek a declaratory judgment that the Fire Services Fee violates Article VII, Section 1 of the Florida Constitution; a permanent injunction stopping further assessment and collection; refunds of all fees paid; cancellation of outstanding Fire Services Fee debt; and attorney’s fees and costs. The ACLU Foundation of Florida and the Southern Poverty Law Center are representing the plaintiffs.

Here is a copy of the complaint.

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. Besides his law degree, he has a MS in Forensic Psychology. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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