Local Government Law

John W. Bakas, Jr.
Attorney at Law

Downtown Tampa and Brandon, Florida

I was admitted to The Florida Bar in 1974. I began my career in governmental and administrative law as an Assistant County Attorney and later, as the Deputy County Attorney for Hillsborough County in 1977. I was the principal compiler of the Code of Ordinances and Laws of Hillsborough County, which provided me with an extensive background in units of local government.

I have represented the following governmental entities while a partner in my previous firm: The School Board of Hillsborough County, the Clerk of the Circuit Courts of Hillsborough and Pinellas counties, the City of Tampa Water and Sewer Departments, Lee County Board of County Commissioners, the School Board of Polk County, and the Tax Collector of Hillsborough County. Thus, I have seen the operation of government from several public-counsel aspects.

Litigation

In my representation of public bodies, I have litigated environmental issues, public contracts, leases, public records, the Sunshine Law, public employee rights, zoning, public easements, public roads, the claimed negligence of public employees, utility rates, the claimed negligent performance of statutory duties, the constitutionality of statutes affecting local governments, taxation, entitlement to retirement benefits, rights claimed under the U.S. and Florida Constitutions, claimed discrimination under federal and state statutes, sovereign immunity, bid protests, the power of an arbitration panel, alleged false arrest, eminent domain, special district powers, special assessments, bond validation issues, and the claimed garnishment of funds held by a public officer, among others.

I am committed to the proposition that the first obligation to the client is to identify the ways in which exposure to claims can be minimized and unwanted litigation avoided. Preventive measures notwithstanding, I do a considerable amount of local government litigation at all levels of the court system, and I have a keen interest in furthering good litigation practices.

Deciding when to go forward with litigation is a question involving thoughtful analysis. Litigation may not be the best choice when the public's perception of that decision and the rewards to be achieved are considered. These issues include:

Does the public entity need to litigate this issue?
Is this the right case to litigate this point?
Are the probable facts going to give us the answer we expect?

Not all contested issues are litigated in the courts. State and federal grants come with the check and balance of a post-audit which may result in a request for a refund of grant funds which may trigger an administrative hearing process. I have thoroughly explored issues of grant interpretation and agency performance.

I have experience in advising governmental units or private parties dealing with governmental units in the following matters:

Interpreting the requirements of rules of state agencies.

Drafting rules, ordinances, resolutions, and motions for governing bodies.

Drafting special legislation to grant local governments
special power or special
exemptions from general law so the governing
body can better fulfill its mission.

Interpreting the requirements for the deposit, transfer, and withdrawal of public funds.

Advising on permissible investments of public funds.

Collateralization of public deposits.

Spending public funds for public purposes under
the Constitution and laws of Florida.

Requesting opinions from the Attorney General.

Requesting opinions from the Ethics Commission.

Defending against and seeking writs of mandamus.

Interpreting and applying the state's uniform
travel reimbursement
statute, §112.061, Florida Statutes.

Defending tort claims against governmental units.

Objecting to and litigating compliance with the
tort-waiver statute, §768.28, Florida Statutes.

Advising governmental units on risk
management under §768.28, Florida Statutes.

Drafting interlocal agreements under
chapter 163, Florida Statutes.

Interpreting the constitutional prohibition against
granting security interests in public property.

Disposing of tangible personal property
under chapter 274, Florida Statutes.

Responding to subpoenas for public documents
and asserting claims of confidentiality.

Interpreting the authorizations for governmental bodies
to pay the defense costs when employees are sued.

Issuing bonds and tax anticipation notes.

Taxation and compliance with the TRIM notices.

Levying and collecting special assessments.

Acceptance of checks or credit card payments.

Copyrighting works produced by governmental bodies.

Payment of dues with public funds.

Applying the venue rules in actions against
governmental units.

Payment of fines with public funds.

I have been involved in the following matters relating to educational institutions such as school boards, universities, and community colleges in Florida:

The authority and power of the Board of Trustees
under chapter 240, Florida Statutes.

Drafting rules, resolutions, and motions.

Drafting special legislation.

Interpreting the requirements for the deposit,
transfer, and withdrawal of College funds.

Advising on permissible investments of Board funds.

Collateralization of Board deposits.

Spending Board funds for public purposes under
the Constitution and laws of Florida.

Requesting opinions from the Attorney General.

Defending tort claims.

Advising on risk management under
§768.28, Florida Statutes.

Interpreting the constitutional prohibition
against granting security interests in public property.

Disposal of tangible personal property under
chapter 274, Florida Statutes.

Responding to subpoenas for student records
and asserting claims of confidentiality.

Interpreting the requirements of the First Amendment
as it relates to the student newspaper.

Interpreting the requirements of academic freedom.

Interpreting the authorizations for payment of the
defense costs when employees are sued.

Investigating potential construction disputes.

Litigating construction disputes.

Analyzing the statute of limitations on construction claims.

Drafting copyright guidelines for faculty.

Contesting out-of-state residency fees.

Contesting and defending student grades.

Interpreting and applying the requirements for a
community college direct-support organization.

Drafting contracts for the purchase and lease of property.

Drafting easements.

Rezoning and vacating of streets.

Compiling a standard agreement for use with
design professionals.

Interpreting and applying the Public Records Law
and applicable exemptions.

Interpreting and applying the Sunshine Law and applicable exemptions.

Interpreting and applying the financial disclosure and conflict of interest laws.