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FLC department issues ‘friend of the court’ briefs for cities by Kraig Conn Florida League of Cities
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he 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 54 QUALITY CITIES | FOURTH QUARTER 2022
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