CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1998 WL 299359
...ts' challenge to the procedure used in the special elections by which Lee County voters approved the adoption of the Lee County Charter. We affirm. The two key statutes authorizing counties to adopt a county home rule charter are sections
125.60 and
125.82(1), Florida Statutes (1995), which provide as follows:
125.60 Adoption of county charter. Any county not having a chartered form of consolidated government may, pursuant to the provisions of ss.
125.60-125.64, locally initiate and adopt by a majority vote of the qualified electors of the county a county home rule charter. (Emphasis supplied.)
125.82 Charter adoption by ordinance. (1) As a supplemental and alternative way to the provisions of ss....
...on pursuant to the procedures established in s.
101.161(1) with notice published as provided in s.
100.342. The time period provided in s.
125.64 does not apply to the proposal of a charter by ordinance under this section. Lee County proceeded under section
125.82(1) in adopting the enabling ordinance (No....
CopyPublished | Supreme Court of Florida | 14 Fla. L. Weekly 285, 1989 Fla. LEXIS 558, 1989 WL 65500
...Thus, it is evident that the Fifth District Court of Appeal should have passed on the challenges to the validity of the curative statute. Because the Fifth District Court *1036 of Appeal did not do so, we shall undertake this responsibility. The pertinent text of chapter 88-38 stated: Section 1. Section 125.82, Florida Statutes, is amended to read: 125.82 Charter adoption by ordinance....
...101.161(1) with notice published as provided in s.
100.342 s.
125.64 without-regard to the-time limitation contained in subsection
125.64(3), The time period provided in s.
125.64 does not apply to the proposal of a charter by ordinance under this section. Section 2. Any charter proposed under section
125.82, Florida Statutes, which was adopted by vote of the electors at an election conducted and noticed in conformance with the requirements of sections
101.161(1) and
100.342, Florida Statutes, is hereby ratified....
...It is evident from the reports of the House and Senate Committee staffs that the invalidation of the Orange County charter provided the impetus for the passage of chapter 88-38. However, as worded, chapter 88-38 is not limited to Orange County because it applies to any county which has adopted its charter pursuant to section 125.82 and complied with the requisite statutes concerning the election....
...not be discussed. The final question is whether the charter of Orange County met the requirements of section 2 of chapter 88-38 so as to be entitled to ratification. First, it is clear that Orange County proposed its charter by ordinance pursuant to section 125.82, Florida Statutes (1985), rather than use of a charter commission under sections 125.-60-125.64, Florida Statutes (1985)....
...502 ,
35 So. 88 (1903), the curative act which cured the procedural defects in the election was held to be a general statute even though it affected only Hillsborough County. . The Fifth District Court of Appeal accepted this proposition but held that section
125.82, Florida Statutes (1985), did not waive the requirement of complying with the time limitations of section
125.64(1), Florida Statutes (1985). Section 1 of chapter 88-38, Laws of Florida, now makes it clear that the time limitations of section
125.64(1) are inapplicable to charters proposed by ordinance under section
125.82.
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CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1044, 1988 Fla. App. LEXIS 1683, 1988 WL 95666
...ipt of the proposed charter, was contrary to the requirements of section
125.64(1), rendering the summary judgment in favor of Orange County improper. Orange County’s argument that the provisions of section
125.64(1) are inapplicable is erroneous. Section
125.82, Florida Statutes (1985), provides: As a supplemental and alternative way to the provisions of ss....
