DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT CORRECTIONS CORPORATION OF AMERICA, INC., a Foreign Corporation, Appellant, v. CITY OF PEMBROKE PINES, a Florida Municipal Corporation; and CCA PROPERTIES OF AMERICA, LLC, a Tennessee Limited Liability Company, Appellees. No. 4D14-4815 [November 1, 2017] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carol-Lisa Philips, Judge; L.T. Case No. 12-007337 CACE (25). Leonard K. Samuels, Paul S. Figg and Ashley Dillman Bruce of Berger Singerman LLP, Fort Lauderdale, for appellant. Usher L. Brown and Victor Kline of Greenspoon Marder, P.A., Orlando, for appellee City of Pembroke Pines. Alfredo Marquez-Sterling and Keith M. Poliakoff of Arnstein & Lehr LLP, Fort Lauderdale, for Amicus Curiae the Town of Southwest Ranches. ON MOTION FOR REHEARING CIKLIN, J. We grant appellee’s motion for rehearing in part, withdraw our previously issued opinion, and substitute the following in its place to correct an erroneous factual reference. Corrections Corporation of America (“CCA”) appeals a trial court order—sounding in declaratory relief—holding that the City of Pembroke Pines did not have a duty to provide water and sewer services to CCA’s property site, as well as a final order dismissing CCA’s counterclaims. Because we find that Pembroke Pines affirmatively expressed its intention to assume such a duty, we reverse the order determining that Pembroke Pines did not. Because it appears the trial court dismissed CCA’s counterclaims based on its determination that Pembroke Pines did not have a duty to CCA, we also reverse the order dismissing CCA’s counterclaims. Background 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. 1 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 ...
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