Reso 2025-3919 - Laserfiche WebLink

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home rule authority; and WHEREAS, the City Commission desires to authorize the participation of the City in a lawsuit seeking declaratory, injunctive, and other appropriate relief from the provisions of SB 180, which impose a blanket statewide prohibition on the exercise of home rule authority relating to Land Use and Zoning Regulations, based upon the any appropriate legal theories, including, without limitation, those set forth herein (the "Lawsuit"); and WHEREAS, said Lawsuit was filed in the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida, on September 29, 2025, on behalf of 25 local governments; and WHEREAS, it is in the best interest of the City to participate in the Lawsuit and to urge other local governments to join as plaintiffs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. Authorization to Participate in Lawsuit. The City Commission hereby authorizes the participation of the City in the Lawsuit. Section 3. Legal Representation and Fee Structure. Weiss Serota Helfman Cole + Bierman, PL (the "Firm") is retained to represent the City in the Lawsuit, at both the trial and appellate levels. The Firm will charge a flat fee, inclusive of attorneys' fees and costs, of $10,000 to represent the City in the Lawsuit in the trial court, which shall be payable within ten days of the effective date of this Resolution. The City shall also pay $5,000 to the Firm to represent it in any appeal related to the Lawsuit that is filed at the District Court of Appeal within 30 days of the filing of such appeal, and $5,000 to the Firm to represent it in any appeal that is filed at the Florida Supreme Court within 30 days of the filing of such appeal. The City acknowledges that the Firm will be representing other local governments in the Lawsuit and waives any conflicts related to such representation. The City also acknowledges that the Firm may represent other entities, private or public, and that the representation of City in this Lawsuit alone, because it is part of a coalition, will not constitute a conflict of interest and, to the extent it does, waives such conflict of interest. Section 4. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 5. Urge Participation. The City Commission invites and urges other local governments to join as plaintiffs in the Lawsuit and to coordinate their efforts with the City. Section 6. Transmittal. The City Attorney is hereby directed to distribute this Resolution to the Firm. Section 7. Effective Date. This Resolution shall become effective upon adoption. @Bcl@2815fbOc SB 180 Lawsuit Page 3 of 4 395