Florida/Georgia Personal Injury & Workers Compensation

...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....

...s stay of the statutory proceeding in favor of a proceeding before the City Commission was error. ■ The Legislature has expressly preempted to the state matters involving state and local elections, with a limited exception for municipal elections. § 97.0115, Fla....

...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....

...0,000 for two or more persons in a crash. § 324.023, Fla. Stat. . Subsequent to the Sarasota Alliance decision, the Florida Legislature preempted all matters in Chapters 97 through 105, except as specifically authorized by state or federal law. See § 97.0115, Fla....

...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....