Municipal Lawsuit attacking SB 360

Cities suing to block lawmakers' growth-management re-write

posted by Aaron Deslatte on Jul 8, 2009 9:26:23 AM

TALLAHASSEE -- A group of South Florida local government has filed a lawsuit to block the growth-management re-write lawmakers passed last spring, which would dramatically scale back the state's requirements for developers to build roads around their projects.

The lawsuit filed was filed in Leon County Circuit Court against Gov. Charlie Crist -- who signed the law last month -- as well as legislative leaders on behalf of the City of Weston, the Village of Key Biscayne, the Town of Cutler Bay, Lee County, the City of Deerfield Beach, the City of Miami Gardens, the City of Fruitland Park and City of Parkland.

Jamie A. Cole, the lead attorney for the group, said Wednesday in a statement that the bill (SB 360) would have a detrimental impact on local governments, forcing "unfunded mandates" on them to build the infrastructure needed to support unbridled growth -- once it returns someday.

“We believe that the enactment of the Act was unconstitutional, violating both Article III, Section 6 of the Florida Constitution, which requires that every law embrace only one subject, and Article VII, Section 18, which prevents the legislature from imposing unfunded mandates on local governments without following certain procedures,” he said.