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