title
PROPOSED AMENDMENT TO THE APPELLATE RULES (B)
recommendation
The City Commission authorize the City Attorney to file a Notice of Joinder in the Opposition Brief to the Proposed Amendment.
explanation
On February 15, 2008, a proposed amendment to the appellate rules was filed that would eliminate a local government's right to an automatic stay in certain administrative proceedings while an appeal was pending. In other words, if the amendment is accepted, the City would be required to post a bond in order to the stay the effect of the decision instead of an automatic stay occurring upon the filing of an appeal. Such a requirement - - the posting of a bond - - would require local governments to spend public monies on supersedeas bonds, attorney fees, and costs and unnecessarily increase litigation costs. The proposed amendment is being opposed by the Florida League of Cities, Florida Association of Counties, the City, County and Local Government Section of the Florida Bar, and a number of cities and counties. The City received a request to join in that opposition and the filing of a brief explaining the reasons for this opposition, which decision is requested by March 26, 2008.