AGENDA ITEM REPORT
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A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO CONTINUE THE SERVICES OF OUTSIDE COUNSEL TO APPEAL THE APRIL 9, 2021, DECISION RENDERED BY THE FIRST DISTRICT COURT OF APPEALS, IN AND FOR THE STATE OF FLORIDA, UNDER CASE NO. 1D19-2819, CAPTIONED AS STATE OF FLORIDA, ET AL. V. CITY OF WESTON, ET. AL. TO THE FLORIDA SUPREME COURT. (ADDENDUM)
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BACKGROUND:
On March 22, 2018, the City Commission passed Resolution No. 2018-074, authorizing the City Attorney to engage the legal services of Everytown for Gun Safety ("Everytown"), a non-profit organization, in collaboration with the law firm of Proskauer Rose, LLP, to represent it in a declaratory action challenging the penalty provisions within Section 790.33, Florida Statutes, on the basis of legislative immunity and such other relevant legal theories. On July 26, 2019, the Second Judicial Circuit Court in and for Leon County, Florida, issued its opinion in the original filing captioned City of Weston, et al., v. State of Florida, et al., granting Final Summary Judgment in favor of the City and the other local government party plaintiffs. The Circuit Court found that "the legislature cannot change the fundamental aspects of separation of powers," and invalidated certain aspects of Section 790.33 on that basis. Subsequently, that Order was appealed to the First District Court of Appeals in and for the State of Florida ("1st DCA"), in the appeal captioned State of Florida, et al. v. City of Weston, et al. Most recently, on April 9, 2021, the 1st DCA overturned the Summary Judgment Order issued by the lower court and upheld the validity of the challenged provisions of Section 790.33, Florida Statutes.
DISCUSSION:
The City desires to appeal the Order of the 1st DCA to the Florida Supreme Court along with several other cities and counties that have been parties to this ongoing litigation. Everytown and Proskauer Rose, LLP have agreed to handle the appeal to the State's highes...
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