We all make mistakes. Often, once we become aware of our mistakes, we are able to fix them. We retrace our steps, and the second time around, we do correctly what we could have done and should have done in the first place. It is common knowledge that local governments also make mistakes.
Less well-known is that governments have the opportunity under Florida law to fix certain mistakes through legislation enacted after the fact for an express, curative purpose. Like any person, a government may be permitted to retrace its steps and correct its mistakes. There are, however, a few caveats. Not all governmental mistakes can be as easily fixed as our own. And, unlike the rest of us, a government must be careful not to enact legislation that works retroactively to deprive its citizens of their vested rights.
This Article explores the ability of local governments within Florida to enact legislation to cure defects in flawed governmental actions. Surprisingly, curative legislation may be valid even if it is enacted only in response to a lawsuit initiated by unhappy citizens who have sued their government to challenge its mistake.