As you know, the Second District Court of Appeal entered an order and a new opinion in your case yesterday. This new opinion did not change the gist of the court's prior ruling, but did grant our request that the case be certified to the Florida Supreme Court on the issue of whether attorneys' fees are available to prevailing parties under Chapters 175 and 185 in suits to enforce claims under local law plans or special acts.
As you recall, the 2nd DCA ruled that we were not entitled to recover attorneys' fees from the Board for its failure to pay the 13th Check because the 13th Check program came about through a local or special act applying only to Tampa. Since almost all municipal firefighter and police pension plans under Chapters 175 and 185 are local law plans and since almost all benefits come about through ordinances, local laws or special acts, the appeals court's ruling would mean that prevailing party attorneys' fees would be available only under very limited circumstances. The result would be that retirees would usually have to pay their own attorneys' fees when suing to collect benefits. This, in turn, would mean that retirees whose benefits are wrongfully withheld would have more difficulty finding lawyers to take their cases and would net a smaller recovery of their benefits because of litigation expenses. This is why the issue is of one of great public importance statewide.
If the ruling stands, it means in our case that the attorneys' fees would be paid out of the common fund created by the settlement. That would substantially reduce everyone's final check including, in my opinion, the opt outs whom the Board has chosen to pay from the pension fund pending the appeal.
Just because the district court has certified the question as one of great public importance does not mean that the Florida Supreme Court must accept jurisdiction. It may decline the certification. I anticipate that it will take a few months before we know whether the Supreme Court will accept jurisdiction. Then the case will go through another briefing schedule and there will most likely be another oral argument, this time in Tallahassee. I am sorry to say that all of this will take at least a year, maybe two.
Notwithstanding this delay, this certification does provide us with our last opportunity the get the retirees their full check. We will do everything we can to speed up the process, consistent with protecting the interests of the retired firefighters and police officers - now not just in Tampa, but statewide.