DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT CITY OF PEMBROKE PINES, Appellant, v. CORRECTIONS CORPORATION OF AMERICA, INC., n/k/a CoreCivic, Inc., Appellee. No. 4D18-3168 [May 29, 2019] Appeal of nonfinal order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carol-Lisa Phillips, Judge; L.T. Case No. 12-007337 (25). E. Bruce Johnson and Hudson C. Gill of Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., Fort Lauderdale, for appellant. Leonard K. Samuels, Paul S. Figg and Ashley Dillman Bruce of Berger Singerman, LLP, Fort Lauderdale, for appellee. GERBER, C.J. The City of Pembroke Pines appeals from the circuit court’s order denying its motion to dismiss, on sovereign immunity grounds, Corrections Corporation of America’s counterclaim seeking non- contractual economic damages alleged in counts for declaratory judgment, promissory estoppel, tortious interference with contract, and tortious interference with an advantageous business relationship. The City argues that the sovereign immunity waiver codified in section 768.28, Florida Statutes (2012), does not apply to these four counts. We agree with the City. We reverse and remand for entry of a final order dismissing these four counts on sovereign immunity grounds. We present this opinion in three parts: 1. Factual background; 2. Procedural history; and 3. This appeal. 1. Factual Background The factual background underlying these claims was set forth in Corrections Corporation of America, Inc. v. City of Pembroke Pines, 230 So. 3d 477 (Fla. 4th DCA 2017) (“Pembroke Pines I”): CCA sought sewer and water services from Pembroke Pines for its property located in the Town of Southwest Ranches but adjacent to Pembroke Pines (“the CCA site”). Pembroke Pines operates potable water and sewer systems that service properties within its boundaries, as well as some properties outside of those boundaries. Those services provided outside of the boundaries extend to a limited number of residential and commercial properties. Southwest Ranches does not have potable water or sewer systems to service its residents, and Pembroke Pines is the only provider in the area. The CCA site is surrounded by four other properties, all of which are, or were at one time, serviced by Pembroke Pines’ water or sewer systems (or both). Only one of these properties is actually located within the boundaries of Pembroke Pines. At all times relevant to this dispute, Pembroke Pines admitted that it had the capacity and infrastructure in place to provide water and sewer services to the CCA site through its systems that abut the site. In 2005, CCA and Southwest Ranches entered into an agreement concerning the development of a correctional facility on the CCA site. The agreement provided that “all required water, sewer and other utility services are available” at the CCA site. CCA was advised that while a water and sewer agreement with Pembroke Pines would be required, it was unclear whether the Pembroke Pines City Commission would grant those services. However, later in 2005, Southwest Ranches entered into an interlocal agreement with Pembroke Pines regarding local roadways and other matters (“Roadways ILA”), in ...
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