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E <br />0 <br />1hlan Reingold, County Attorney <br />William K DeBra-Al, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />Ofice of <br />INDIAN <br />FU —193T��� <br />TO: Board of County Commissioners <br />FROM: Dylan Reingold, County Attorney <br />DATE: December 15, 2017 <br />Emergency Addition <br />13.0 <br />December 19, 2017 <br />RIVER COUNTY <br />ATTORNEY <br />SUBJECT: Potential Lawsuit Challenging Florida Development Finance Corporation Emergency <br />Meeting in Violation of the Sunshine Law <br />BACKGROUND <br />On Wednesday, December 13'h at 4:26 pm, I received an email from Bill Spivey, Executive Director of <br />the Florida Development Finance Corporation, informing me that there was to be an emergency meeting <br />on Monday, December 18'b at 10 am in Jacksonville concerning the North Segment (West Palm Beach to <br />Orlando) of the proposed All Aboard Florida project. On Thursday afternoon, December 10, CARE -FL, <br />Martin County and Indian River County wrote the attached letter to Mr. Spivey requesting that the <br />meeting be postponed. Mr. Spivey responded by indicating that the meeting would still be conducted as <br />scheduled in Jacksonville. <br />As indicated in the attached letter, I believe that this emergency meeting is being conducted in violation of <br />the Sunshine Law. 1, thus, respectfully requestthe authorization to file a lawsuit against the Florida <br />Development Finance Corporation seeking an injunction against the issuance of any bonds until the <br />Florida Development Finance Corporation conducts a meeting in compliance with the Sunshine Law. In <br />order to reduce costs, the County Attorney's Office will handle the litigation, if authorized, in house. <br />FUNDING <br />The Board has previously authorized $2.7 million for litigation related to All Aboard Florida. The funding <br />for this litigation would come from the general fund. <br />RECOMMENDATION <br />The County Attorney's Office recommends that the Chair allow for public comment on this matter and <br />then have the Board vote to authorize the filing of a lawsuit seeking an injunction against the issuance of <br />any bonds until the Florida Development Finance Corporation conducts a meeting in compliance with the <br />Sunshine Law. <br />F-Wv-4ytUn&GEArER4L1B CCL4*,-%H—A1%HdaD—kP-'WF1— C.*.-Ho.L-11 0..b,,20]7)A- Pff- i, <br />