Successful Representation of Town of Jupiter in Dispute Over Town’s Right to Create Fire Department

Jones Foster attorneys combined their extensive knowledge and experience across practice areas to successfully represent the Town of Jupiter in a lawsuit regarding the Town’s right to create a fire department. The legal team included Shareholder and Land Use & Governmental Practice Group Co-Chair Thomas J. Baird, Town Attorney for the Town of Jupiter; litigation shareholders Travis J. Foels and Joanne M. O’Connor; and litigation attorneys Brett T. Lashley and Lainey W. Francisco.

The case stems from the Town Council’s decision to start a Town fire department and end the relationship with Palm Beach County Fire Rescue and EMS. The decision was driven by the Town Council’s determination that allocating money toward a fire department would save Town residents and businesses between $50 million and $70 million between 2027 and 2033.

After the decision, members of Jupiter Residents to Keep Palm Beach County Firefighters, a Florida political action committee funded by Professional Firefighters/Paramedics of Palm Beach County union, Local 2928, I.A.F.F., Inc., launched a campaign to block the decision. It drafted and circulated a petition which included a proposed Charter amendment requiring voter approval before the Town can create a fire department and end its contractual relationship with Palm Beach County. After the Town Attorney found the language of the proposed amendment and associated ballot question to be legally insufficient, the PAC filed a petition for writ of mandamus seeking to force the Town to put the proposed referendum to a vote.

In response to the mandamus request, the Town filed a countersuit seeking declaratory relief, challenging the legal validity of the ballot question and proposed Charter amendment. The Town ultimately moved for summary judgment, arguing (i) the ballot question failed to provide adequate notice of the true purpose and effect of the proposed amendment, (ii) the amendment conflicted with Florida law, (iii) the amendment was barred by sovereign immunity, and (iv) the amendment conflicted with existing provisions of the Town Charter, including provisions which prohibit referendums on budgetary decisions.

On October 9, 2024, Palm Beach County Circuit Judge Reid Scott granted the Town’s summary judgment motion and declared the PAC’s proposed Charter amendment and ballot question legally invalid. Judge Scott’s decision was based on the amendment’s conflict with Florida law and sovereign immunity, reinforcing the Town Council’s right to make decisions based on the best interests of Jupiter residents and businesses. With the amendment and ballot question declared legally invalid and the PAC’s action dismissed, the Town is moving forward with creating and staffing its fire department. As a result, of the law firm’s successful defense of the Town, the Jupiter Fire Rescue Department will begin service on October 1, 2026.