City of Weston Home Page
SB 360 Introduction
 

Welcome to the City of Weston's SB 360 Constitutional Challenge Website. On this site you will find all of the documents relevant to the case, from the initial legal analysis to all court filings, and those local governments who have chosen to join with us as plaintiffs.

Summary

On June 1, 2009, over the objection of Florida cities and counties, as well as the Florida League of Cities and the Florida Association of Counties, the Governor signed Senate Bill 360, the Community Renewal Act (the Act), into law, which makes sweeping changes to Florida's growth management laws.

The language in the Act is unclear, prompting disagreements between attorneys for developers and local governments as to its applicability. Weston believes the Act has substantial negative impacts on Weston and other local governments, particularly if the interpretation set forth by attorneys for developers is adopted.

The law firm of Weiss Serota Helfman Pastoriza Cole & Boniske PL (the Firm), which serves as the City Attorney for Weston, was requested to do a legal analysis to determine whether the Act was subject to challenge on constitutional grounds. As set forth in the analysis, the Firm determined that a strong argument can be made that the enactment of the Bill violated: (1) Article VII, Section 18 of the Florida Constitution, which prevents the legislature from imposing requirements on local governments without providing a means to pay for such requirements unless certain requirements are satisfied (the Unfunded Mandate Provision), and (2) Article III, Section 6 of the Florida Constitution, which requires that every law embrace only one subject (the Single Subject Provision). On July 7, 2009, the City of Weston, joined by the Village of Key Biscayne, the Town of Cutler Bay, Lee County, the City of Deerfield Beach, the City of Miami Gardens, the city of Fruitland Park, and the City of Parkland, filed a Complaint of Declaratory and Injunctive Relief in the Circuit Court of Leon County against Florida's Governor, Secretary of State, President of the Senate and Speaker of the House challenging the constitutionality of SB 360. Subsequently the following have chosen to join with us as plaintiffs: Village of Palmetto Bay, City of Pompano Beach, City of Homestead, City of Cooper City, City of North Miami, City of Coral Gables, City of Pembroke Pines, Broward County, North Miami, St. Lucie County, Levy County, Islamorada Village of Islands, Lauderdale-By-The-Sea, City of Homestead.

The case has been assigned to the Honorable Charles A. Frances, currently serving as the Chief Judge of the Second Judicial Circuit. Judge Francis is a native of St. Petersburg, FL and received his B.A. from Florida State University in 1969, and his J.D. with honors, from Florida State University College of Law in 1972. Judge Francis practiced law in Tallahassee for 27 years prior to his judicial appointment in 1999.

The lawsuit has been given Case No. 09-CA-2639.

Lead Contacts
Attorney
Jamie Alan Cole, Esq.
Weiss Serota Helfman
Pastoriza Cole Boniske, PL
200 East Broward Boulevard
Suite 1900
Fort Lauderdale, FL 33301
954-763-4242
JCole@wsh-law.com
  City Manager John R. Flint
City of Weston
17200 Royal Palm Boulevard
Weston, FL 33326
954-385-2000
JFlint@westonfl.org

Plaintiffs

SB 360 Constitutional Challenge Documents

06/15/09
    Attorneys Letter: Potential Constitutional Challenge to Growth Management Act (SB 360)
06/16/09
    Municipal & County Offical Letter: Potential Constitutional Challenge to Growth Management Act (SB 360)
07/07/09
    Complaint For Declaratory and Injunctive Relief
07/07/09
    Media Release: Coalition of Local Governments File Lawsuit Challenging Developer Friendly Growth Management Law
08/05/09
    Resolution: Constitutional Challenging
08/06/09
    Local Governments' Verified Motion to Disqualify
08/11/09
    Unopposed Motion to Intervene
08/17/09
    Defandants' Motion to Dismiss
08/26/09
    Order of Recusal
09/01/09
    Plaintiffs' Response and Memo of Law in Opposition to Defendants' Motion to Dismiss
09/02/09
    Agreed Order Granting Unopposed M-Intervene
09/29/09
    Local Governments' Memorandum of Law Regarding Ripeness of Declaratory Judgment Action
11/23/09
    Order On Defendants' Motion to Dismiss
12/14/09
    Answer Defendants Crist, Atwater and Cretul answer Plaintiffs' Complaint
12/14/09
    Sec. of State's Answer to Complaint for Dec. and Inj. Relief
01/18/10
    Motion for Final Summary Judgment
02/12/10
    Defendants' Notice & Motion Pursuant to FS 11.111
02/12/10
    Plantiffs' Response in Opposition to Defendants' Motion Pursuant to FS 11.111
02/17/10
    Order Granting Motion for Continuance of Proceeding
05/17/10
    Defendants' Suggestion of Mootness
05/26/10
    Plaintiffs' Response to Defendants' Suggestion of Mootness of Single Subject Claim
05/27/10
    Defendants' Notice of Filing - Affidavit of Darrin F. Taylor
06/03/10
    Motion for Summary Judgment Hearing Transcript
06/11/10
    Defendants' (Second) Notice of Supplemental Authority
06/18/10
    Plaintiffs' Response to Defendants' Notice of (Second) Supplemental Authority Re SB 1752
06/18/10
    Plaintiffs' Response to Defendants' Notice of Supplemental Authority Re SB 1752
08/26/10
    Final Suummary Judgement
08/30/10
    Emergency Motion to Intervene to Seek Rehearing
08/31/10
    Plaintiffs' Response to Emergency Motion to Intervene
09/01/10
    Movant's Reply on Emergency Motion to Intervene
09/02/10     Order Denying Emergency Motion to Intervene
09/07/10     Defendants' Motion for Rehearing
09/10/10     Plaintiffs' Response to Defendants' Motion for Rehearing
09/21/10     Order Denying Motion for Rehearing
09/21/10     Notice of Appeal
10/14/10     Local Governments Notice of Cross-Appeal
10/15/10     Suggestion that District Court Certify Judgment for Direct Review
10/25/10     Appellants' Response to Appellees' Rule 9.125 Suggestion
11/10/10     Denial Of Certification To Florida Supreme Court
11/18/10     Plaintiff Motion to Vacate Automatic Stay
12/17/10     Initial Brief of Appellants
12/21/10     Appelle's Motion for Clarification
12/28/10     Motion for Leave to Appear As Amicus Curiae
01/03/11     Answer and Cross - Initial Brief of Local Government Appellees
04/29/11     Appellants' Suggestion of Mootness and Motion to Relinquish Jurisdiction
05/02/11     Appellate Order
05/16/11     Appellants' Motion for Rehearing and Rehearing En Banc