Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO AUTHORIZE County Attorney to negotiate and execute a retention agreement with selected outside counsel for specialized bankruptcy legal services in connection with the potential acquisition of real property in the Spirit Airlines bankruptcy, in an amount not to exceed $25,000 for such services though submission of a bid, and not to exceed $100,000 in the aggregate if the County is the stalking-horse bidder or the successful bidder and proceeds with the acquisition; waive Section 18.88 of the Broward County Administrative Code to the extent necessary to permit the referenced retention; authorize the County Attorney to waive any future conflicts to the extent necessary to permit continuation of the legal representation, upon determining such waiver will not create any material risk to the County; and ratify any actions taken by the County Attorney to retain outside counsel for this matter consistent with the authorities delegated by the Commission.
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Why Action is Necessary
Commission approval is necessary to provide the referenced authority and to waive the limitations of the Administrative Code pertaining to conflicts.
What Action Accomplishes
Provides the referenced authority to the County Attorney and waives conflicts to the extent necessary to permit the retention.
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☐County Commission
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Previous Action Taken
Summary Explanation/Background
In August 2025, Spirit Aviation Holdings Inc. and affiliates (“Spirit Airlines”) filed for protection from creditors under Chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the Southern District of New York, Case No. 25-11897. On May 2, 2026, Spirit Airlines ceased operations, and liquidation now appears imminent. On May 12, 2026, the Board of County Commissioners (“Commission”) directed the County Attorney’s Office (“CAO”) to engage outside counsel to explore the feasibility of making a bid on Spirit’s headquarters property in Dania Beach. The Commission approved up to $25,000 for the initial legal work. The Commission also directed the County Administrator to explore the feasibility and cost of using the site as a new Government Center.
The firm proposed to be selected by the County Attorney occasionally represents parties before the Commission and may, in the future, represent other parties whose interests may be adverse to the interests of the County. This item would waive conflicts to the extent necessary to permit this retention and would permit the County Attorney to waive conflicts that arise in the future upon determining those conflicts would not create any material risk to the County. The retention would be limited to $25,000 for initial services through submission of a bid; if the County is the stalking-horse bidder or the successful bidder, the retention would be authorized up to $100,000 in the aggregate to provide additional bankruptcy-related services, including seeking court approval of a sale. The CAO would provide real property legal services for the acquisition and other legal services as appropriate, to limit the cost of outside counsel.
Source of Additional Information
Annika E. Ashton, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Not to exceed $100,000.