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Naples council directs staff to start intergovernmental conflict process after HB 4005 passage
Summary
Following concerns that HB 4005 shifts airport governance and board selection, Naples council asked legal staff to prepare a Chapter 164 conflict‑resolution resolution and to explore injunction and litigation options; council sought cost estimates and timing ahead of a possible November election of an altered airport authority board.
City leaders at the April 13 workshop flagged HB 4005 — recent state legislation that would alter Naples Airport Authority governance — as an urgent legal and policy issue.
City attorney counsel and outside counsel presented options ranging from a Chapter 164 intergovernmental conflict‑resolution resolution (a required mediation/conciliation first step) to preparing for civil litigation and possible emergency injunctive relief to halt processes tied to the new law. Counsel described the Chapter 164 path as a relatively fast, structured mediation process that begins with a council resolution and a 30–50 day schedule of conflict‑assessment and public joint meetings; litigation would be a separate, later step if mediation fails.
Council asked for estimates of legal exposure and litigation cost and for clarification about which state agencies would be named in a lawsuit. Legal staff said they were already consulting specialists and would prepare a Chapter 164 resolution to be added as a supplement to Wednesday’s meeting packet and return advice on litigation venues and possible injunctions before the next deadlines tied to implementation and an anticipated November election for airport authority members.
Council members emphasized protecting the city’s home‑rule authority over public property, public safety and airport operations. Staff warned that mediation does not commit the city to litigate; it is a required, nonbinding step that can also yield negotiated solutions.
What’s next: staff will draft a Chapter 164 conflict‑resolution resolution for council consideration on Wednesday and return legal cost/timeline options to the council in follow‑up meetings.
