News from Corbett, White and Davis, P.A.

SB 50 - Requires a local government to offer public comment/participation on all agenda action items (with some specific exceptions for ministerial matters, quasi-judicial matters and emergency matters).

SB 52 - Bans texting while driving, except when the vehicle is stopped.

Noteables

Max Lohman, Esq.

led a panel discussion on the topics of notice and advertising requirements, and civil forfeiture actions at the Florida Municipal Attorney's Association annual seminar at the Amelia Island Plantation.

Abigail Jorandby, Esq. was recently appointed to chair the Palm Beach County Bar Association's Lawyer's for Literacy Committee.

Jennifer Ashton, Esq. was recently retained by the City of West Palm Beach to serve as the city's Code Enforcement Special Magistrate.

Bradley Biggs, Esq. has renewed his certification, and remains active as a Circuit Civil Mediator.

Keith Davis, Esq. was recently retained by the Town of Juno Beach to serve as a hearing officer for zoning relief requests.

Erin Deady, Esq., of counsel to CW&D, is working with Gulf Coast counties in Florida and other states to assist with securing federal "Restore Act" funds coming available as a result of the Deep Horizon oil spill.

Clients and Friends:

Welcome to "Municipal Law Quarterly", a publication of the Law Firm of Corbett, White and Davis, P.A. Through our newsletter, we will provide you with informative and timely material that will keep you up to date on current trends in local government. We will also help you become better acquainted with the Firm, our attorneys and staff, as well as our clients. We hope that you will find our newsletter both useful and enjoyable!

Budget Season is Upon Us!

As happens every year, municipal managers, department heads and finance personnel are working hard to prepare the annual budgets for their jurisdiction. For the first time in a number of years, it looks as though property values are on the rise, even if only just a bit. While you are looking at the costs of providing acceptable levels of service for your residents, funding pensions, salaries and benefits for staff, and deciding which capital improvements you can reasonably pay for this year, remember that the proposed millage rate reported in July is the maximum you can adopt for your upcoming fiscal year. It's also important to remember that your decision to utilize the same millage rate as last year, or utilize this year's "rolled back rate" or some other millage rate will affect the type of advertising you must publish next month. Some municipalities will need "big ads" indicating a tax increase, others will only need "small ads" notifying residents that taxes will be assessed and a budget adopted. Regardless, every jurisdiction must also publish a budget summary adjacent to its legal ad. The attorneys at CW&D make certain every year that its clients' budget and millage rate advertisements are legally sufficient.

In addition, we make sure that our clients' hearing processes are handled in an efficient and legally sufficient manner. From the form and sufficiency of resolutions adopting millage rates and budgets, to the agendas and the process for each budget hearing, we understand what is required, as well as what is superfluous and best to avoid. It is important that the action taken to adopt millage rates and budgets meets precise substantive and procedural requirements. The attorneys at CW&D are familiar with each of these requirements and we will make sure all our clients' budget adoption processes flow smoothly.

For additional information on the TRIM (TRuth In Millage) process and requirements, visit the Department of Revenue's website, or call the Firm.

Featured Client - City of Atlantis

The City of Atlantis is a closely knit golfing community in the heart of Palm Beach County. With both private and public golf clubs, the City boasts 45 holes of beautiful and challenging golf. The City is also home to JFK Medical Center and an impressive medical community. Mayor Michael Dahlgren, along with City Council-members Manny Fernandez, Fred Furtado, Catherine Higgins and David Kintz; and City Manager Mo Thornton, keep the City and its facilities operating smoothly and to the great satisfaction of its roughly 2,000 residents. For more information on this beautiful and tight knit community, please visit the City of Atlantis' website.

Meet Keith W. Davis, Esq.

The newest Partner and Shareholder at CW&D, Keith is the Village Attorney for the Village of Tequesta, the Town Attorney for the Towns of Mangonia Park and Palm Beach Shores, and the City Attorney for the City of Atlantis. Keith also represents the Florida Green Finance Authority, a special district that facilitates PACE (Property Assessed Clean Energy) programs in a number of municipalities in Palm Beach County and across the state, and represents several municipalities in Broward and Dade Counties on special projects.

Keith joined the Firm in 2002 after a successful career in the Office of the State Attorney, prosecuting all types of felony and juvenile cases. Keith received his law degree from the College of William and Mary in Virginia in 1992, and is Board Certified by the Florida Bar in City, County and Local Government Law.

With a daughter who is the Senior Class Vice President and a son who is a Sophomore and in both the Marching Band and JROTC at William T. Dwyer High School, free time comes at a premium; however, in those moments of free time, Keith can usually be found either boating, gardening or reading and writing.

Recent Court Action

Koontz v. SJRWMD,

570 U.S. ____ (2013).

In Koontz, the U.S. Supreme Court's opinion affects the way land development approvals or denials are handled. Conditions of approval must bear an "essential nexus" to the development project and must be "roughly proportional" to the anticipated impacts the proposed development will create. The rationale for the denial of a development order must also meet these standards. While in the past courts gave great deference to the imposition of conditions by a local government, the burden is now on the government to establish the nexus and proportionality standards if challenged.

State v. Catalano,

No. SC11-1166.

The Florida Supreme Court declared a state law making it illegal to blast loud music from a car stereo to be unconstitutional. The Court ruled that the statute violated free speech rights for several reasons, including that it exempted vehicles used for business or political purposes.

Legislation that would have reinstated the ban with proposed cures for the constitutional issues raised by the court failed to pass in 2013.

As always, everyone at Corbett, White and Davis, P.A. stands ready to assist you with your municipal law needs. Feel free to drop us a line or give us a call!

Sincerely,

Keith Davis, Esq., Editor

Corbett, White and Davis, P.A. Municipal Law Quarterly

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