Marcus v. State Senate for the State

Appellants, Palm Beach County Commissioners and Palm Beach County, appeal a partial final judgment in which the trial court dismissed with prejudice their claims for declaratory and injunctive relief against Appellees, the Florida Senate and the Florida House of Representatives, on the basis that neither was a proper defendant. We affirm. Neither legislative body has been designated as the enforcing authority of section 790.33, the statute at issue.1 See Atwater v. City of Weston, 64 So.3d 701, 703 (Fla. 1st DCA 2011) (“The proper defendant in a lawsuit challenging a statute’s…