Six Florida Cities Succeed in Reducing Harm of HB 1, End Court Challenge
News
June 8, 2023
Jenner & Block, in partnership with the Public Rights Project, Community Justice Project, and Southern Poverty Law Center, successfully represented six Florida cities in challenging a Florida law that would have effectively granted Gov. Ron DeSantis the power to override municipal police budgets. The cities filed a challenge in Florida state court in 2021 contending that the law violated the Florida Constitution and other laws, including by granting legislative powers to the executive branch, without any standards, subject to no appeal.
In direct response to the cities’ lawsuit and following a failed attempt by Governor DeSantis to dismiss the challenge in court, the state legislature recently made critical changes to the law that resolves the original version’s primary flaws. As a result, the cities ended their challenge to the law on June 8, 2023.
The cities involved were Gainesville, Lauderhill, Miramar, North Miami Beach, Tallahassee, and Wilton Manors. Based on how the law was originally drafted, the cities faced great uncertainty about when and whether the appeal process could be triggered. Some cities were also uncertain about whether they could start pilot projects that might divert funding from law enforcement to other social services.
“We are pleased that the Florida legislature addressed critical defects in HB 1 identified in our complaint,” Partner John Flynn said in a press release. “This win helps protect local control as guaranteed by the Florida constitution.”
The stipulation of dismissal filed preserves the rights of the cities to challenge the amended budget process at a later date, particularly should any budget reductions be subject to an appeal to the administrative law judge in the future. Other parts of HB 1—those focused on punishing public protest—remain subject to litigation in federal court.
The Jenner & Block team was led by John with support from Associates Grace Wallack, Abraham Kanter, Mary Marshall, and Erica Turret. Former Associate Carter Smith and former Summer Associate Alex Ramsey also contributed.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
News
June 8, 2023
Jenner & Block, in partnership with the Public Rights Project, Community Justice Project, and Southern Poverty Law Center, successfully represented six Florida cities in challenging a Florida law that would have effectively granted Gov. Ron DeSantis the power to override municipal police budgets. The cities filed a challenge in Florida state court in 2021 contending that the law violated the Florida Constitution and other laws, including by granting legislative powers to the executive branch, without any standards, subject to no appeal.
In direct response to the cities’ lawsuit and following a failed attempt by Governor DeSantis to dismiss the challenge in court, the state legislature recently made critical changes to the law that resolves the original version’s primary flaws. As a result, the cities ended their challenge to the law on June 8, 2023.
The cities involved were Gainesville, Lauderhill, Miramar, North Miami Beach, Tallahassee, and Wilton Manors. Based on how the law was originally drafted, the cities faced great uncertainty about when and whether the appeal process could be triggered. Some cities were also uncertain about whether they could start pilot projects that might divert funding from law enforcement to other social services.
“We are pleased that the Florida legislature addressed critical defects in HB 1 identified in our complaint,” Partner John Flynn said in a press release. “This win helps protect local control as guaranteed by the Florida constitution.”
The stipulation of dismissal filed preserves the rights of the cities to challenge the amended budget process at a later date, particularly should any budget reductions be subject to an appeal to the administrative law judge in the future. Other parts of HB 1—those focused on punishing public protest—remain subject to litigation in federal court.
The Jenner & Block team was led by John with support from Associates Grace Wallack, Abraham Kanter, Mary Marshall, and Erica Turret. Former Associate Carter Smith and former Summer Associate Alex Ramsey also contributed.
Related Attorneys
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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