Orange County, Florida v. Rick Singh, etc.
268 So. 3d 668 (2019)
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Rule of Law:
A home-rule county ordinance is invalid if it addresses a subject matter that the state legislature has expressly preempted. The Florida Election Code expressly preempts to the state all matters within its scope, including the partisan or nonpartisan nature of county constitutional officer elections.
Facts:
- On August 19, 2014, the Orange County Board of Commissioners enacted an ordinance proposing an amendment to the Orange County Charter.
- The proposed amendment sought to establish nonpartisan elections and term limits for six county constitutional officers: clerk of the circuit court, comptroller, property appraiser, sheriff, supervisor of elections, and tax collector.
- The ballot question for this amendment was presented to Orange County voters during the election on November 4, 2014.
- A majority of Orange County voters approved the ballot question.
- As a result, the Orange County Charter was amended to state that elections for all county constitutional offices shall be non-partisan, and candidates' names shall be placed on the ballot without reference to political party affiliation.
Procedural Posture:
- Three Orange County constitutional officers sued Orange County in a Florida trial court seeking declaratory and injunctive relief to invalidate the ordinance.
- After cross-motions for summary judgment, the trial court upheld the term limits portion of the charter amendment but struck down the nonpartisan election provision, ruling it was preempted by state law.
- Orange County, as the appellant, appealed the trial court's decision to the Florida Fifth District Court of Appeal.
- The Fifth District Court of Appeal affirmed the trial court's judgment, agreeing that the ordinance was expressly preempted by the Florida Election Code.
- The Supreme Court of Florida accepted the case for review.
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Issue:
Does a county charter amendment, enacted by a home-rule county, that requires county constitutional officer elections to be nonpartisan violate Florida law by legislating in a subject area expressly preempted by the state's Florida Election Code?
Opinions:
Majority - Per Curiam
Yes. The Orange County ordinance requiring nonpartisan elections for county constitutional officers is invalid because it legislates in a subject area that is expressly preempted by and in direct conflict with the Florida Election Code. The court reasoned that under Article VIII of the Florida Constitution, charter counties may only enact ordinances that are 'not inconsistent with general law.' An ordinance is inconsistent if the subject area has been preempted by the state. The Florida Election Code, specifically section 97.0115, states that '[a]ll matters set forth in chapters 97-105 are preempted to the state.' The Code generally provides for partisan elections for county constitutional officers and specifically enumerates in Chapter 105 which offices are nonpartisan (judicial and school board offices), a list that does not include county constitutional officers. Therefore, by prohibiting partisan candidacies for offices the state code treats as partisan, the Orange County ordinance directly conflicts with and is preempted by state law.
Dissenting - Labarga, J.
No. The Florida Election Code does not expressly preempt the home rule authority of Orange County to determine that its constitutional officers should be elected on a nonpartisan basis. The dissenting justice stated his continued agreement with a prior, withdrawn majority opinion in the same case which had concluded that the ordinance was not preempted. He dissented from the current majority's decision to recall the mandate and substitute an opinion reaching the opposite conclusion.
Analysis:
This decision solidifies the Florida Legislature's exclusive control over the mechanics of state and county elections, significantly limiting the home-rule authority of charter counties in this domain. It establishes that the Florida Election Code's preemption clause is comprehensive, preventing local governments from altering fundamental aspects of elections, such as their partisan nature, even with voter approval. The ruling ensures statewide uniformity in how key constitutional officers are elected and serves as a strong precedent against future local attempts to create unique election systems that deviate from the state's framework.
