Marcus v. State Senate for Fla.
Decision Date | 27 June 2013 |
Docket Number | No. 1D12–5591.,1D12–5591. |
Citation | 115 So.3d 448 |
Parties | Karen MARCUS, Shelley Vana, Priscilla A. Taylor, Burt Aaronson, Jess R. Santamaria, and Palm Beach County, Appellants, v. STATE SENATE FOR THE STATE of Florida, et al., Appellees. |
Court | Florida District Court of Appeals |
OPINION TEXT STARTS HERE
Amy Taylor Petrick, Senior Assistant County Attorney, Palm Beach County Attorney's Office, West Palm Beach, for Appellants.
Pamela Jo Bondi, Attorney General, and Allen Winsor, Chief Deputy Solicitor General, Tallahassee, for Appellees.
Appellants, Palm Beach County Commissioners and Palm Beach County, appeal a partial final judgment in which the trial court dismissed with prejudice their claims for declaratory and injunctive relief against Appellees, the Florida Senate and the Florida House of Representatives, on the basis that neither was a proper defendant. We affirm. Neither legislative body has been designated as the enforcing authority of section 790.33, the statute at issue.1See Atwater v. City of Weston, 64 So.3d 701, 703 (Fla. 1st DCA 2011) (). Nor does the declaratory action at issue in this case involve a duty or responsibility of the State implicating specific responsibilities of Appellees. See id. at 704 ( ). Cf. Coal. for Adequacy & Fairness in Sch. Funding, Inc. v. Chiles, 680 So.2d 400, 402–03 (Fla.1996) ( ); Brown v. Butterworth, 831 So.2d 683, 684–90 (Fla. 4th DCA 2002) (...
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