Gainesville Logo
 
File #: 201001.    Version: Name:
Type: Discussion Item Status: Passed
File created: 3/29/2021 In control: City Attorney
On agenda: 8/5/2021 Final action: 8/5/2021
Title: Litigation to Challenge CS/House Bill 1 (2021) (B) Resolution No. 201001 A Resolution of the City Commission of the City of Gainesville, Florida, authorizing Public Rights Project, a project of the Tides Center and Community Justice Project, Inc. to file a lawsuit on behalf of the City of Gainesville, Florida, that facially challenges Section 1 of CS/HB 1 (2021); and providing an immediate effective date.
Attachments: 1. 201001_GPC Gainesville Draft Resolution - HB 1_20210520.pdf, 2. 201001_Floridas Anti-Protest Law and its Municipal Budget Control Provisions Fact Sheet_20210520.pdf, 3. 201001_The Potential Liabilities for Cities_20210520.pdf, 4. 201001_draft resolution_20210805, 5. 201001A_draft complaint_20210805, 6. 201001B_Memo to Commissioners_20210805, 7. 201001_Comm Johnson_HB 1 Litigation_ Letter of Support_20210805, 8. 201001_Biography of Speakers Presenters Team Members Proposed HB 1 Litigation MOD C-Johnson_20210805, 9. 201001_Resolution Final_20210805
title
Litigation to Challenge CS/House Bill 1 (2021) (B)

Resolution No. 201001

A Resolution of the City Commission of the City of Gainesville, Florida, authorizing Public Rights Project, a project of the Tides Center and Community Justice Project, Inc. to file a lawsuit on behalf of the City of Gainesville, Florida, that facially challenges Section 1 of CS/HB 1 (2021); and providing an immediate effective date.

Explanation
At the May 20th Regular City Commission Meeting (under Legistar File No. 201001), the City Commission directed the City Attorney's Office to retain the Community Justice Project and the Public Rights Project as outside counsel to represent the City on a pro-bono basis in litigation bringing a facial challenge to CS/HB 1 (2021), now Chapter Law 2021-6, Laws of Florida. In addition, the Commission requested the outside counsel prepare a draft complaint so that the Commission could determine whether to authorize the filing of the litigation and directed the City Attorney and the City Manager to work with the outside counsel on this matter.

As directed, the City Attorney's Office issued a retention letter to the Community Justice Project and the Public Rights Project and they have prepared a draft complaint, which is attached as back-up. If the Commission has reviewed and is satisfied with the draft complaint and desires to authorize the filing of the litigation, the outside counsel has prepared a Resolution, also attached as back-up, which states the injury/harm that the City Commission is suffering as a result of CS/HB 1 and authorizes the outside counsel to file the litigation.

As directed, the City Attorney's Office has assisted the outside counsel in submitting this item and back-up for the Commission's consideration. The City Attorney's Office has also reviewed the complaint and had discussions with the outside counsel and each Commissioner regarding this matter. The City Manager has also had discussions with the outside counsel ...

Click here for full text



© 2014 City of Gainesville, Florida. All right reserved.

CONTACT US
City Departments
Online Contact
200 East University Ave.
Gainesville, FL 32601
352-334-5000