On the Case

FLC department issues ‘friend of the court’ briefs for cities

by Kraig Conn, Florida League of Cities

The Florida League of Cities (FLC) Legal Department provides a wide array of legal services to the League and its members. These services are designed to ensure that Florida’s cities remain apprised of legal matters affecting their operations and that municipal interests are advanced at the various levels of government.

In addition to general “in-house” legal services, the Department provides counsel on the development and effect of legislation, files original court and administrative actions on behalf of municipalities and files amicus curiae – “friend of the court” – briefs in the state and federal appellate courts. Legal staff members are also available to consult with Florida’s City Attorneys on legal problems facing their particular municipalities.

The League is currently involved as an amicus curiae in six cases. As an amicus curiae, the League is not a named party to the particular matter. Instead, the League’s role is to provide a court with a perspective on how its decision in a case may have a statewide impact. A summary of the six cases is provided below. At the time of publishing, all of the cases except two are pending, which means the particular court has not yet decided the matter.

FLORIDA DISTRICT COURTS OF APPEAL (DCA) CASES

Testa v. Town of Jupiter Island (Florida’s 4th DCA)

In this case, the Town delayed taking action on a proposed ordinance until the next scheduled town meeting. The Town made no changes to the ordinance and took action at the next meeting. Testa challenged the action because the Town did not readvertise the ordinance. The trial court determined the Town provided proper notice under state law of the ordinance adoption. The League’s brief supports the Town and the decision of the trial court. The League’s brief was joined by the Palm Beach County League of Cities and the Treasure Coast Regional League of Cities.

Weaver v. Volusia County (Florida’s 5th DCA)

This case involves whether a state law creating a firefighter cancer benefit applies retroactively or prospectively from when it became law. A former firefighter argued the law should be applied to a cancer diagnosis before the law took effect. The trial court determined the law had only prospective application and rejected the former firefighter’s argument. The League’s brief supported the County’s position for prospective application. The 5th DCA agreed with the trial court (and League) and determined the law has only prospective application.

City of North Port v. West Villagers for Responsible Government (Florida’s 2nd DCA)

This case involves the proper statutory process to follow during a contraction (or de-annexation) proceeding. Residents in an area of the City sought to de-annex from the City, which the City denied. The League’s brief supported the City’s position that the proper process was followed in denying the request. By action of the 2nd DCA, the City was determined not to have properly followed the statutory process.

Roldan v. City of Hallandale Beach (Florida’s 4th DCA)

This case involves when a person may seek attorney fees and costs in a civil action relating to a public records request. In 2017, the Florida Legislature amended the public records law to require a person to provide pre-suit notice before seeking to obtain attorney fees and costs. The plaintiff, in this case, did not provide the required notice to the City, and the trial court did not award fees or costs. The League’s brief supports the trial court’s decision.

FLORIDA SUPREME COURT CASES

City of Weston v. State of Florida

The Florida Supreme Court recently heard oral arguments in this case. This matter involves a challenge to a state law that imposes penalties on local officials and local governments for violating the state preemption of the regulation of firearms and ammunition. The trial court determined the law was unconstitutional because it violated the absolute legislative immunity of local officials and violated governmental function immunity. The 1st DCA upheld the penalty law and determined that, in the context of an express legislative preemption, legislative immunity and governmental function immunity did not apply. The League and the Florida Association of Counties (FAC) filed a joint amicus curiae brief with the Supreme Court and argued the penalty law is unconstitutional.

City of Gulf Breeze v. Brown

The Florida Supreme Court has granted the League permission to file an amicus curiae brief in this matter. The 1st DCA determined that city-owned property (a golf course and other buildings) operated under a management agreement with a private company is subject to ad valorem (property) taxes. The 1st DCA certified this matter to the Supreme Court as a question of great public importance. The League’s brief supports the City’s position that no taxes should be imposed.

The League will provide periodic updates on the resolution of these cases and other court activities it undertakes.

Kraig Conn is General Counsel/Chief Legal Officer for the Florida League of Cities.

MUNICIPAL HOME RULE RESOURCE

The Florida League of Cities (FLC) has developed a document listing express legislative preemptions of municipal Home Rule powers. The document is intended to be a working document and serve as a resource for identifying express preemptions. The current version has been updated to include preemptions passed during the 2022 Legislative Session. The document has been widely distributed to municipal attorneys.

If you would like to receive the Express Preemptions document or additional information on any of the League’s legal activities, please contact the League’s Legal Department at 850.222.9684.