CopyCited 1 times | Published | Supreme Court of Florida
...county constitutional officers because that subject matter was preempted to the Legislature. Singh ,
230 So.3d at 640-41 (footnote omitted). On appeal, the Fifth District affirmed the trial court's judgment. Id. at 640 . The Fifth District held that section
97.0115, Florida Statutes, expressly preempts the Orange County ordinance requiring nonpartisan elections for county constitutional officers. Id. at 641-42 . The Fifth District reasoned that the Legislature regulates elections generally through the Florida Election Code and "enacted section
97.0115, which expressly provides that all matters set forth in the Florida Election Code were preempted" to the Legislature....
...any other political body."). The Legislature regulates elections through the Florida Election Code, which encompasses chapters 97-106, Florida Statutes (2018). 3 Importantly, the Florida Election Code contains express language of preemption as *671 section 97.0115 states that "[a]ll matters set forth in chapters 97-105 are preempted to the state, except as otherwise specifically authorized by state or federal law." The Florida Election Code further explains that the Secretary of State, as "the...
...2d DCA 2007) (quoting Phantom of Clearwater , 894 So.2d at 1020 ), review granted , No. SC07-2074 (Fla. Nov. 29, 2007). In this case, the Florida Election Code expressly preempts the Orange County ordinance requiring nonpartisan elections for its county constitutional officers. Section 97.0115 provides that "[a]ll matters set forth in chapters 97-105 are preempted to the state, except as otherwise specifically authorized by state or federal law." As explained above, the Florida Election Code contemplates partisan elections...
...Furthermore, article VIII, section 1(d) of the Florida Constitution does not expressly label the election of county constitutional officers as "partisan" or "nonpartisan." Therefore, this constitutional provision is not an exception to the preemption language contained in section 97.0115....
CopyPublished | Supreme Court of Florida
...2d at 1204.
We have “broadly interpreted the self-governing powers granted charter counties”
under that article. Id. (quoting State v. Broward Cty.,
468 So. 2d 965, 969 (Fla.
1985)).
-4-
Below, the Fifth District held that section
97.0115, Florida Statutes (2010),
expressly preempts the Orange County ordinance requiring nonpartisan elections
for county constitutional officers. Id. at 641-42. The Fifth District reasoned that
the Legislature regulates elections generally through the Florida Election Code and
“enacted section
97.0115 which expressly provides that all matters set forth in the
Florida Election Code were preempted” to the Legislature....
...y the
Legislature.’ ” Phantom of Clearwater, Inc. v. Pinellas Cty.,
894 So. 2d 1011,
1019 (Fla. 2d DCA 2005) (quoting Tallahassee Mem’l Reg’l Med. Ctr., Inc. v.
Tallahassee Med. Ctr., Inc.,
681 So. 2d 826, 831 (Fla. 1st DCA 1996)).
Section
97.0115 was enacted in 2010 in response to our decision in Sarasota
Alliance for Fair Elections, Inc. v. Browning,
28 So. 3d 880 (Fla. 2010), which
held that the Florida Election Code does not impliedly or expressly preempt the
field of election law. Through the enactment of section
97.0115, the Legislature
expressly stated that “all matters” set forth in the Florida Election Code are
preempted to the state. See §
97.0115, Fla....
...NO MOTION FOR REHEARING WILL BE ALLOWED.
POLSTON, J., dissenting.
I respectfully dissent. The majority’s decision blatantly disregards the
language of the Florida Election Code, which expressly preempts the field of
regulating elections to the State. § 97.0115, Fla....
....—not by a City Commission or any other political body.”).
The Legislature regulates elections through the Florida Election Code, which
encompasses chapters 97-106. 5 Importantly, the Florida Election Code contains
express language of preemption as section 97.0115 states that “[a]ll matters set
forth in chapters 97-105 are preempted to the state, except as otherwise specifically
authorized by state or federal law.” The Florida Election Code further explains
that the Secretary of State, a...
...2d DCA 2007) (quoting
Phantom of Clearwater,
894 So. 2d at 1020), review granted, No.
SC07-2074 (Fla. Nov. 29, 2007).
In this case, the Florida Election Code expressly preempts the Orange
County ordinance requiring nonpartisan elections for its county constitutional
officers. Section
97.0115 provides that “[a]ll matters set forth in chapters 97-105
are preempted to the state, except as otherwise specifically authorized by state or
federal law.” As explained above, the Florida Election Code contemplates partisan
ele...
...VIII, section 1(d) of the Florida Constitution does not expressly label the election
of county constitutional officers as “partisan” or “nonpartisan.” See majority op. at
6. Therefore, this constitutional provision is not an exception to the preemption
language contained in section 97.0115.
The Florida Election Code contains detailed provisions specific to county
constitutional officers and county elections, provisions that are within the portions
of the code providing for partisan elections....
CopyPublished | Florida 5th District Court of Appeal
...Grapeland Heights Civic Ass’n v. City of Miami,
267 So. 2d 321, 324 (Fla. 1972). The
Legislature regulates elections generally in the Florida Election Code, which
encompasses chapters 97 to 105 of the Florida Statutes. In 2010, the Legislature enacted
section
97.0115, which expressly provided that all matters set forth in the Florida Election
Code were preempted to the Legislature:
5
Preemption.—All matters set forth in chapters 97-105 are
preempted to the state, except as otherwise specifically
authorized by state or federal law. The conduct of municipal
elections shall be governed by s.
100.3605.
§
97.0115, Fla....
