title
AMICUS BRIEF IN FLORIDA KEYS COMMUNITY COLLEGE v. CITY OF KEY WEST, CASE NO. 3D11-417 (NB)
explanation
On April 27, 2009, Florida Keys Community College filed a complaint against the City of Key West asserting that (1) the doctrine of sovereign immunity prevented the City of Key West from imposing a stormwater management user fee on an agency of the State of Florida and (2) that Florida Keys Community College was entitled to a refund of all stormwater fees that it had paid over the previous five years based upon the doctrine of sovereign immunity.
On January 21, 2011, a Final Summary Judgment was entered in the Sixteenth Judicial Circuit, in and for Monroe County, Florida. The trial court found that Florida Keys Community College "enjoyed sovereign immunity from the City's imposition of the subject stormwater fees". The trial court also ordered the City to refund $160,529.60 paid by Florida Keys Community College in utility fees within 20 days. This matter is a case of state-wide significance that raises important legal issues. The City Attorney's Office is requesting authorization to join in the amicus brief funded by the League and Stormwater Association. The City is not requested to provide any funding, but to review the brief and provide comments to the special counsel.
recommendation
The City Commission authorize the City Attorney to join with the Florida League of Cities, Inc. and the Florida Stormwater Association in filing an amicus brief on behalf of the City of Key West in the case of Florida Keys Community College v. City of Key West, Case No. 3D11-417.