Agenda Item Name:
Title
County Attorney request to initiate or defend cases.
End
Presenter:
Sylvia Torres, County Attorney
Description:
Per Article IV, Sec. 21.41(e) Duties and Responsibilities of the County Attorney, a current list of Article 5 cases is attached, where authorization to initiate or defend is requested. Please see attached “3/28/23 Litigation Report - Request for Authority to Initiate or Defend.”
Recommended Action:
Recommended Action
Approve the County Attorney’s request to initiate or defend the case described in the attached “3/28/23 Litigation Report - Request for Authority to Initiate or Defend.”
End
Prior Board Motions:
None.
Fiscal Consideration:
Fiscal Consideration
Pursuant to Section 828.073, Florida Statutes, there are no filing or service fees associated with actions filed under this Statute.
End
Strategic Guide:
Strategic Guide
N/A
En
Background:
Alachua County Code, Title 2, Chapter 21, Section 21.41 provides the County Attorney with the responsibility to prosecute and defend all legal actions by and against the County as approved by the Board. Further, under Section 21.41(e), the County Attorney is authorized and directed 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 case listed and described in the attached litigation report will be filed with the Court prior to March 28, 2023, due to the requirement in Section 828.073, Florida Statutes, that a petition for relief concerning the seizure of animals found in distress must be filed within so many days after the taking of the animal.