SUBJECT
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Authorize the filing of appeal in the case of Florida PACE Funding Agency v. State of Florida, et al. (2022CA-1562) filed in the Circuit Court of the Second Judicial Circuit, In and for Leon County, Florida.
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DESCRIPTION
On June 6, 2023, the Board adopted Resolution 2023-063 directing the County Attorney or outside counsel upon request of the Polk County Tax Collector to intervene or join lawsuits contesting the ability to place PACE non-ad valorem assessments on property within Polk County without an interlocal agreement with Polk County. The Tax Collector requested the County to intervene and join such lawsuits. Accordingly, the County through the County Attorney’s Office and its outside counsel Foley and Lardner filed a Motion for Relief from Judgment in the case of Florida PACE Funding Agency v. State of Florida, et al. (2022CA-1562) filed in the Circuit Court of the Second Judicial Circuit, In and for Leon County, Florida. On March 19, 2024, the Court issued an Order denying Polk County’s Motion for Relief from Final Judgment. The County Attorney’s Office and outside counsel have reviewed the order and believe there are grounds which the order may be challenged on appeal.
RECOMMENDATION
Authorize the filing of an appeal in the case of Florida PACE Funding Agency v. State of Florida, et al. (2022CA-1562) filed in the Circuit Court of the Second Judicial Circuit, In and for Leon County, Florida.
FISCAL IMPACT
The costs of litigation will be covered by the County Attorney’s Office’s budget.
CONTACT INFORMATION
Randy Mink, County Attorney
863-534-7679