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FAC and 25 Counties File Suit on Conflict Counsel Costs
On Monday, July 28, 2008, the Florida Association of Counties and 25 individual counties filed suit against the state, asking the courts to declare the provisions of SB 1088 (2007) that sought to require the counties to pay for certain costs of the regional conflict counsel, to be not binding on the counties. The counties and FAC argue that the law violates Article V, section 18 of the Florida Constitution in that the state, and not the counties, is to be wholly responsible for funding the costs of conflict counsel. In addition, the counties argue that the Legislature failed to enact SB 1088 by the constitutional requirements for mandatory unfunded mandates. Absent the criteria being fulfilled, the counties are not obligated to fulfill the funding requests. The complaint is posted on the FAC website and can be accessed by clicking here. The counties filed suit in the Second Judicial Circuit which is in Leon County.
The individual counties that have joined in the suit are the following: Alachua, Bay, Broward, Charlotte, Collier, Flagler, Gilchrist, Hernando, Hillsborough, Lake, Leon, Levy, Manatee, Marion, Monroe, Nassau, Okeechobee, Osceola, Palm Beach, Pasco, Polk, Sarasota, Seminole, St. Johns, and St. Lucie.
Volusia County, on July 25, also filed, in a separate lawsuit, against the State of Florida, asking the court to declare the portions of SB 1088 (2007) that attempt to require the counties to help fund certain costs related to the regional conflict counsel unconstitutional.