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CITY OF POMPANO BEACH v. FORMAN

No. 4D04-3737.

919 So.2d 692 (2006)

CITY OF POMPANO BEACH, Florida; City of Margate, Florida; and City of Hollywood, Florida, Appellants, v. Howard C. FORMAN, Clerk of Court, Broward County, Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 1, 2006.

Attorney(s) appearing for the Case

Douglas R. Gonzales of Weiss, Serota, Helfman, Pastoriza, Guedes, Cole & Boniske, P.A., Fort Lauderdale, for appellants.

David C. Borucke of Holland & Knight, LLP, Tampa, and Susan F. Delegal of Billing, Cochran, Heath, Lyles, Mauro & Anderson, P.A., Fort Lauderdale, for appellee.

Laura Beth Faragasso of Henry, Buchanan, Hudson, Suber & Carter, Tallahassee, for Amicus Curiae the Florida Association of Court Clerks.

PER CURIAM.

The Cities of Pompano Beach, Margate and Hollywood, Florida ("the Cities") brought this action for declaratory relief in which they argued section 28.2402 and section 34.045, Florida Statutes, which took effect in 2004, are unconstitutional in view of Article V, Section 14, of the Florida Constitution. These statutes require municipalities to pay nominal filing fees to the clerks of court when prosecuting local ordinance violations through the court system...

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