THE BILL ITSELF
HB 4049
Office of General Counsel of City of Jacksonville, Duval County
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An act relating to the office of general counsel of
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the City of Jacksonville, Duval County; amending
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chapter 92-341, Laws of Florida, as amended;
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authorizing the Duval County School Board to employ a
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general counsel, who shall be independent of the
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office of general counsel of the City of Jacksonville;
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providing that certain legal services continue to be
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provided through the office of general counsel of the
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city; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 7.01 of Article 7 of chapter 92-341,
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Laws of Florida, as amended by City of Jacksonville Ordinance
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No. 2014-723-E, is amended to read:
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ARTICLE 7
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OFFICE OF GENERAL COUNSEL
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Part 1. GENERAL PROVISIONS
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Section 7.01. Office established; general responsibility.
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There is established an office of the City of Jacksonville
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to be known as the office of general counsel, which shall have
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the responsibility for furnishing legal services to the city and
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its independent agencies, except that the council may create an
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office of legislative counsel within the legislative branch
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whose purpose shall be to advise and assist the council and its
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committees and members in the achievement of a clear, faithful
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and coherent expression of legislative policies and to perform
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such other related duties for the council as the council may by
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ordinance direct. For purposes of utilization of central
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services by the city and its independent agencies, the services
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of the office of general counsel shall be deemed to be central
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services or services of the central service department, as the
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case may be. The general counsel shall provide to any member of
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the Duval County legislative delegation who resides in Duval
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County upon request an opinion on any matter relative to the
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government of the City of Jacksonville or any of its independent
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agencies.
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The General Counsel may employ, supervise and terminate
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assistant counsels to assist with the efficient provision of
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legal services for the City's independent agencies. The General
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Counsel may authorize the independent agencies to engage outside
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counsel upon certification by the General Counsel of compliance
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with the Charter and with the agency's authority and a written
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finding of necessity by the General Counsel. The General Counsel
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may authorize the City to engage outside private counsel upon
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written certification by the General Counsel of its necessity,
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and such engagement shall be in accordance with procedures set
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forth by the City Council.
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Notwithstanding any provisions to the contrary in the
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general and permanent ordinances and charter and related laws of
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the City of Jacksonville, the Duval County School Board may
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employ its own general counsel, who shall be independent of the
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office of general counsel of the City of Jacksonville but shall
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be subject to the opinion, binding or otherwise, of the general
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counsel of the City of Jacksonville in accordance with section
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7.202. This provision shall apply only to the selection and
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employment of a general counsel for the Duval County School
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Board. All other legal services to the Duval County School Board
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and the Duval County Public Schools, as determined and assigned
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by the general counsel to the Duval County School Board,
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including, but not limited to, representation of the Duval
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County School Board and the Duval County Public Schools in
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litigation and contract preparation, shall continue to be
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provided through the office of general counsel of the City of
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Jacksonville, and the attorneys who provide such services shall
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be subject solely to the supervision of the general counsel of
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the City of Jacksonville.
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Section 2. This act shall take effect upon becoming a law.