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Item N11 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 15, 2009 - KW Bulk Item: Yes ----K- No Division: County Attorney Staff Contact Person: Bob Shillinger x 3740 AGENDA ITEM WORDING: Authorization for County Attorney's office to take all steps necessary to defend the County's interests in Michael Co Addison and Richard T. Petitt v. City of Tampa. Case No.: 03-5425, including opting out of any Defendant class. ITEM BACKGROUND: In June, 2003 the City of Tampa was sued individually and as a representative of other Florida municipalities and counties, in connection with a constitutional challenge to the occupational license tax paid by attorneys in the State of Florida. On June 21, 2006, the trial court entered an Order granting the Plaintiffs' Motion to Certify both the Plaintiff Class and Defendant Class. On August 8, 2007 the Second District Court of Appeal affirmed the Order of Class Certification. On April 18, 2008 the City of Tampa filed "Defendant's Amended Motion for Approval of Notice to Defendant Class Members of Pendency of Class Action Litigation", giving notice to Monroe County of the pending litigation. A hearing is set on April 20, 2009, at that time the Court will consider several Motions including a "Motion to Modify Defendant Class Members for Improper Venue based on 'Home Rule Privilege'" and a "Motion for approval of Notice to Defendant Class members containing the right to opt out of Class". Legal staff seeks authority from the Board to opt out of the Defendant class, which will result in an approximately fifty percent reduction in the County's liability should the plaintiffs ultimately prove successful in this case and would eliminate the need to participate in the proceedings in Hillsborough County. The downside to opting out is that the County might have to defend a similar suit filed locally but given the relatively low County business tax, it is not likely that such a local suit would be filed. Per the County Code, attorneys are eharged $30.00 per year to engage in the business of practicing law. The Tax Colleetor advises that her office collected $5,100.00 last year for that particular business tax. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENTCBANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/ A INDIRECT COST: BUDGETED: Yes _No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty t~ OMBIPurchasing _ Risk Management _ DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 IN THE CIRCUIT COURT OF THE THlRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION rvrrCHAEL C. ADDISON and RICHARD T. ) PETITT, for themselves and all others similarly situated, ) Plaintiffs, ) vs. ) CASE NO. 03-5425 DIVISION: F CITY OF TAMPA, FLORIDA, individually ) and as representative of all other Florida municipalities similarly situated, ) Defendants. ) / REOUEST FOR EXCLUSION FROM DEFENDANT CLASS TO: CLERK OF THE COURT Please take notice that the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA hereby requests to be excluded from the Defendant Class. Dated this day of , 2009. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor George Neugent (SEAL) ATTEST: D~L.KOLHAGE,CLERK By: Deputy Clerk