Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO APPROVE settlement, including costs and attorneys' fees, in the case titled Sunshine Gasoline Distributors, Inc. v. Broward County, Florida, 17th Judicial Circuit Court Case No. CACE-20-009643(13), and to delegate authority to the County Administrator to approve and execute a Settlement Agreement that is consistent with the term sheet attached as Exhibit 1, subject to approval as to form by the Office of the County Attorney.
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Why Action is Necessary
Board approval is necessary to resolve this pending lawsuit.
What Action Accomplishes
Settlement of pending litigation.
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Previous Action Taken
Summary Explanation/Background
In June 2020, Sunshine Gasoline Distributors, Inc. ("Sunshine"), filed a class action lawsuit against the County seeking to recover Environmental Assessment and Remediation ("EAR") License fees previously paid in connection with remediation of petroleum contamination for certain facilities (the "Lawsuit"). The Lawsuit also alleged the County had violated the Public Records Act.
On January 23, 2024, the parties participated in mediation and reached a settlement agreement (subject to Board approval) under which the County would pay an amount not to exceed $425,000 to settle all claims. This amount is inclusive of all attorneys' fees, costs of administering the class, and disgorgement of license fees assessed for class members. Any money not claimed by class members would revert to the County, and the County would not be responsible for any claim in excess of $425,000. The settlement does not include any admission of liability by the County and does not require that the County further amend its Code of Ordinances or any current regulatory programs. Because this is a class action, court approval of the settlement...
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