Florida/Georgia Personal Injury & Workers Compensation

...which they then saw, all of which are summarized above. On March 16, 1956, the grand jury indicted Busbee and Arnold for the crime of perjury. On March 20, 1956, the grand jury indicted King for alleged violations of the State Election Code, F.S.A. § 97.011 et seq....

...be *643 regulated by law." "Under this provision, the Legislature is directed to enact laws regulating the election process." AFL-CIO v. Hood, 885 So.2d 373, 375 (Fla.2004). The Florida Legislature has enacted the Election Code. Chapters 97 to 106, Florida Statutes (2006), constitute the Election Code. See § 97.011....

...ng or operative in only a portion of the state." It is not necessary, however, to base this conclusion on general principles of law; specific provisions of the very law here involved and of which § 97.081 is a part — the Election Code of 1951, see § 97.011, Fla....

...See Meyer v. Grant, — U.S. -, 108 S.Ct. 1886, 1893 , 100 L.Ed.2d 425 (1988). The section further delineates the procedure for processing the initiative which is codified in the Florida Election Code, chapters 97-106 of the Florida Statutes. Fla.Stat. § 97.011 et seq....

...It is true that, in appropriate circumstances, courts may read related statutes to determine whether sufficient standards have been pronounced by the legislature. E.g., Apalachee Reg'l Planning Council v. Brown, 546 So.2d 451, 453 (Fla. 1st DCA 1989), approved, 560 So.2d 782 (Fla.1990). However, section 97.011, Florida Statutes (2004), tells us that the term "Florida Election Code" refers to "[c]hapters 97-106 inclusive" of the Florida Statutes....

...as to be delivered to the Party office, not the supervisor of elections. The Party thus did not attempt to impose some extra-statutory duty on the supervisor of elections. [12] The Florida Election Code consists of chapters 97-106, Florida Statutes. § 97.011, Fla....

...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....

...LABARGA, J., dissents with an opinion. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Article VIII, section 1(g) of the Florida Constitution provides that "[t]he governing body of a county operating under a charter may enact county ordinances not inconsistent with general law." Section 97.011, Florida Statutes (2018), provides "[c]hapters 97-106 inclusive shall be known and may be cited as 'The Florida Election Code.' " In construing the Florida Election Code, it is necessary to read all provisions in pari materia....

...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...

...(2018) (“Each nominee of a political party chosen in a primary shall appear on the general election ballot in the same numbered group or district as on the primary election ballot.”). In fact, section 97.021(29) (emphasis added), defines a 5. Section 97.011, Florida Statutes (2018), provides “[c]hapters 97-106 inclusive shall be known and may be cited as ‘The Florida Election Code.’ ” 6....

...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....

...Finally, the Department of State must provide the prepared notice to the relevant election supervisor, who must then publish the notice. § 100.l41(3), Fla. Stat. The Florida Election Code also contains an express provision regarding notice for special elections “called by local governing See § 97.011, Fla....