Post by highlander on Jul 1, 2011 13:32:28 GMT -5
COURT DENIES MOTION FOR TEMPORARY INJUNCTION; SETS CASE FOR FINAL HEARING ON OCTOBER 26TH!
After a full day of hearing on the motion for temporary injunction filed by plaintiffs (teachers, law enforcement and correctional officers) in the FRS 3% lawsuit, Circuit Judge Jackie Fulford denied the plaintiffs' motion. It was denied basically for one simple reason: the State Board of Administration repeatedly told Judge Fulford that in the event the FRS law being challenged was determined to be unconstitutional the State would promptly return the money to the employees. Thus, there was no need to establish a separate account for the contributions taken from the FRS employees.
The FEA, PBA and other organizations had argued that it was necessary to separate the contributions taken from the employees to ensure that the money was available when the lawsuit was successfully resolved in the employees favor. Unfortunately, that argument did not prevail against the State's constant promise that "the money would be there" and promptly paid if the law was declared unconstitutional.
It all came down to this - Will you receive the money that you contributed if our case prevails? Judge Fulford believes that you will.
On a more positive note, during the hearing Judge Fulford directed the parties to expedite the case and cooperate in exchanging information. Ultimately, the case was set for a final hearing on October 26, 2011.
So, we should not have to wait long to have an initial court ruling on the constitutional issue. After that decision, it is clear the losing party will appeal the case to either the district court, or the Florida Supreme Court.
Hang in there as this case moves forward to a final resolution! And, as always stay safe!
Hal Johnson
General Counsel
Florida Police Benevolent Association
After a full day of hearing on the motion for temporary injunction filed by plaintiffs (teachers, law enforcement and correctional officers) in the FRS 3% lawsuit, Circuit Judge Jackie Fulford denied the plaintiffs' motion. It was denied basically for one simple reason: the State Board of Administration repeatedly told Judge Fulford that in the event the FRS law being challenged was determined to be unconstitutional the State would promptly return the money to the employees. Thus, there was no need to establish a separate account for the contributions taken from the FRS employees.
The FEA, PBA and other organizations had argued that it was necessary to separate the contributions taken from the employees to ensure that the money was available when the lawsuit was successfully resolved in the employees favor. Unfortunately, that argument did not prevail against the State's constant promise that "the money would be there" and promptly paid if the law was declared unconstitutional.
It all came down to this - Will you receive the money that you contributed if our case prevails? Judge Fulford believes that you will.
On a more positive note, during the hearing Judge Fulford directed the parties to expedite the case and cooperate in exchanging information. Ultimately, the case was set for a final hearing on October 26, 2011.
So, we should not have to wait long to have an initial court ruling on the constitutional issue. After that decision, it is clear the losing party will appeal the case to either the district court, or the Florida Supreme Court.
Hang in there as this case moves forward to a final resolution! And, as always stay safe!
Hal Johnson
General Counsel
Florida Police Benevolent Association