Agenda Item Name:
title
County Attorney request to initiate or defend cases.
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Presenter:
Sylvia Torres, County Attorney
Description:
County Attorney request to initiate or defend cases.
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Recommended Action:
recommended action
Approve the County Attorney’s authority to initiate or defense the cases described in the attached litigation report for February 2023.
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Prior Board Motions:
recommended action
None.
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Fiscal Consideration:
fiscal consideration
Pursuant to Section 828.073, Florida Statutes there are no filing or services fees associated with actions filed under that Statute. The filing and service fees associated with the emergency injunction action are anticipated to be less than $500.
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Strategic Guide:
strategic guide
N/A
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Background:
Alachua County Code, Title 2, Chapter 21, Section 21.41 provides the County Attorney with the responsibilities to prosecute and defend all legal actions by and against the County as approved the Board. Further, under Section 21.41(e), the County Attorney is authorized and direction to take such action on behalf of the County as to protect the rights of the County in any legal action or to seek emergency relief, pending an opportunity to request required approval of the Board of County Commissioners. The cases listed and described on the attached litigation report have been or will be filed with the Court prior to February 14, 2023, due to (1) Section 828.073, Florida Statutes requires a petition for relief to be filed by a deadline after seizure of animals found in distress and (2) an injunction filed on an emergency basis seeking compliance with the code, which includes protection of natural resources.