367 So. 2d 237 | Fla. Dist. Ct. App. | 1979
The focal issue involved in this appeal is whether an exclusive concession contract between the United States of America, United States Fish & Wildlife Service, Department of Interior and appellant, Loxa-hatchee Recreation, Inc., is valid so as to preclude any other person from operating a concession in the geographical area covered by said exclusive contract. The question arose as a result of a suit for injunction and damages brought by appellant to enjoin appellee from acting as a concessionaire in an area which appellant claims is subject to its exclusive franchise. The trial court denied the relief prayed for and this appeal ensued. We reverse for the reasons hereafter set forth.
A somewhat detailed resume of the background of the case is necessary to a complete understanding of the controlling facts. Thus, in 1951 and 1952 an agency of the United States Department of the Interior entered into contracts with the predecessor of the South Florida Water Management District
In August 1976 appellant brought this suit for injunction and damages against Ap-pellee-Butch Harrison,
Appellant contends the trial court erred in refusing the injunction because the rule relied upon applies only to exclusive franchises granted for the exercise of governmental function. See Colen v. Sunhaven Homes, Inc., 98 So.2d 501 (Fla.1957), relied on by the trial court. Appellant argues, however, that the franchise involved herein is for the performance of a proprietary function and thus a different rule applies. See Miami Beach Airline Service, Inc. v. Crandon, 32 So.2d 153 (Fla.1947).
On the other hand, it is appellee’s position that the judgment is correct in holding the exclusive franchise invalid because the main functions of the governmental agencies involved are flood control and drainage, which are governmental functions, and the recreational facilities are merely incidental. Thus, appellee believes the court applied the correct rule of law to the factual situation. Appellee contends that no one has pointed to any authority, statutory or otherwise, authorizing the granting of the exclusive franchise involved herein.
The source of the authority for the contract in question is derived from specific federal and state statutes. The South Florida Water Management District is the authority designated by the Florida Legislature to operate and maintain the areas in question. Chapter 25214, Laws of Florida (1949). Pursuant to that authority the District created Conservation Areas One, Two and Three. Section 378.07, Florida Statutes (1951), authorized the District to enter into Cooperative Agreements with the United States, State of Florida, or any Agency or Department thereof, for carrying out the purposes of the Act. In 1951 and 1952 the District granted licenses to the United States Department of Interior or its agencies for use of Conservation Areas I and II as a wildlife refuge.
In our opinion the foregoing demonstrates adequate legislative authority for the parties to enter into the exclusive contract in question if the subject matter thereof is proprietary rather than governmental. We would concede, as appellee contends, that the original purpose behind the establishment of the Water Management District was flood control, a governmental function. However, the secondary purpose of furnishing recreational facilities is just as clearly a proprietary function
If the foregoing conclusions are correct, the appellant was entitled to the assistance of the Court in protecting its exclusive contract and the trial court erred in denying its prayer for injunctive relief. Accordingly, we reverse the judgment appealed from and remand the cause to the trial court with directions to grant appellant injunc-tive relief and for further proceedings on the question of damages.
REVERSED AND REMANDED, with directions.
. The Central & Southern Florida Flood Control District.
.Other defendants, The United States of America, Florida Fish & Game Commission and Allen C. Clark, Tax Collector of Palm Beach County, though initially named were dropped prior to trial.
. Conservation Areas I and II are a part of the National Wildlife Refuge System.
. The policy and reasons therefor of the Congress of the United Sates are clearly set forth in Section 460K, U.S.C.A.:
*240 “In recognition of mounting public demands for recreational opportunities on areas within the National Wildlife Refuge System, national fish hatcheries, and other conservation areas administered by the Secretary of the Interior for fish and wildlife purposes; and in recognition also of the resulting imperative need, if such recreational opportunities are provided, to assure that any present or future recreational use will be compatible with, and will not prevent accomplishment of, the primary purposes for which the said conservation areas were acquired or established, the Secretary of Interi- or is authorized, as an appropriate incidental or secondary use, to administer such areas or parts thereof for public recreation when in his judgment public recreation can be an appropriate incidental or secondary use; . . 16 U.S.C.A. at p. 748.
. Miami Beach Airline Service v. Crandon, 32 So.2d 153 (Fla.1947); St. Joe Natural Gas Co. v. City of Ward Ridge, 265 So.2d 714 (Fla. 1st DCA 1972); Panama City v. Seven Seas Restaurant, 180 So.2d 190 (Fla. 1st DCA 1965).