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St. Johns County asks attorneys to vet legal challenge to Senate Bill 686, requests cost estimate
Summary
The Board of County Commissioners voted unanimously to direct county attorneys to consult outside counsel about the viability of challenging Florida Senate Bill 686 and to provide a cost estimate before deciding on an injunction or lawsuit.
St. Johns County commissioners voted unanimously to direct the county attorney’s office to confer with outside counsel about the legal viability of challenging Senate Bill 686 and to return a cost estimate for pursuing injunctive or constitutional litigation.
Commissioner (speaker 6) moved that the board engage outside counsel — naming Brad Russell as a possible lead — "for the purpose of filing a lawsuit, challenging the constitutionality of SB 686 if such a lawsuit is legally appropriate." County attorney staff and commissioners debated standing, timing and legal theories including home rule erosion and possible single-subject challenges.
"For a lawsuit to be successful, you need to show the violation of Home Rule," the commissioner said, outlining possible bases for litigation. County legal staff warned the board the county could face significant costs and that a court could require the county to post a civil bond in some circumstances.
Public commenters urged fast action and repeated that attacking the statute directly would be more efficient than litigating individual enclave applications. Joe McInerney told the commissioners: "File an injunction... No law, no applications." Attorney for an applicant, Ellen Avery Smith, corrected an earlier factual claim about density and said her firm's application requests one unit per acre, not six.
Chair moved the directive to have staff "confer with outside counsel for the viability" and to obtain a cost estimate; the motion passed unanimously. Commissioners asked staff to return with viability findings and a cost estimate within roughly two weeks so the board could decide whether to pursue an injunction or further litigation.
What happens next: county attorneys will solicit input from law firms with experience in land-use and constitutional challenges, prepare an estimate of potential fees and litigation costs, and report back to the commission before the board decides on any formal lawsuit.
