
    James WARREN: Department of Water and Sewers of the City of Hialeah, Appellants, v. BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, Florida: Dade County, a political subdivision of the State of Florida, Appellees.
    No. 82-2261.
    District Court of Appeal of Florida, Third District.
    June 7, 1983.
    John S. Post, Hialeah, and Paul J. Kneski, Hialeah, for appellants.
    Robert A. Ginsburg, Dade County Atty., and Peter S. Tell, Asst. County Atty., for appellees.
    Before SCHWARTZ, C.J., and BARK-DULL and NESBITT, JJ.
   PER CURIAM.

The summary final judgment declaring valid Section 24-42, Code of Metropolitan Dade County, is reversed. Although Section 24 — 42 properly restricts the use of fees collected thereunder to certain enumerated environmental services, Contractors and Builders Association of Pinellas County v. City of Dunedin, 329 So.2d 314, 321 (Fla.1976), cert. denied, 444 U.S. 867, 100 S.Ct. 140, 62 L.Ed.2d 91 (1979), there remains a disputed issue of fact as to whether the amount of the fees collected bears a legitimate relationship to the costs incurred in providing the services. Contractors and Builders Association, supra, at 318; Broward County v. Janis Development Corp., 311 So.2d 371 (Fla. 4th DCA 1975).

Reversed and remanded.  