CopyCited 20 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 12525
...6 Recognizing the deference to be given state legislative bodies, we must resolve whether the plan at issue was in fact legislatively enacted. Under Florida law, a county is unable to change the structure of the county commission in the absence of a referendum. Fla.Stat.Ann. Sec. 124.011(1) (West Supp.1987)....
...42 Until 1984 the at-large election system was the only method of election available to non-charter counties such as Leon. Fla. Const. Art. VIII, Sec. 1(e). In that year the constitution was amended to permit commissioners to be elected "as provided by law." In 1985, Sec. 124.011(1), Fla.Stat.1985 was enacted, the effect of which was to give non-charter counties the option of adopting an alternate method for electing county commissioners: a five-person board with all elected from single-member districts or a seven-per...
...A charter county may choose a four-three plan by amending its charter by popular vote. Fla. Const. art. VIII, Sec. 1(c), (e) and commentary to Sec. 1 at 269. In October 1985, while this case was pending and three weeks before trial and some eight months after the effective date of Sec. 124.011(1) authorizing the commissioners to seek voter approval for a five-two plan, the district court granted the commissioners a continuance to allow them to submit to the voters a change from non-charter to charter government with commissioners to be elected pursuant to a four-three mixed plan....
...In Wise the only legislative means of reapportionment was nullified when held unconstitutional. In this case only the old at-large system was struck down. The means to reapportion were in the hands of the commissioners beginning in January 1985, the effective date of Sec. 124.011(1)....
...49 Rather than utilize the means available to them, however, the commissioners sought and obtained a delay from the court and went to the voters with a plan that under Florida law was not available to non-charter counties, coupled with a vote on switching from non-charter status to charter status. The avenue of Sec. 124.011(1) was available then, and was available when the commissioners sought a second continuance ostensibly to permit citizens to pursue efforts toward a consolidated government for the county....
...What must be determined is whether, even though the vote was not an outright rejection, the commissioners possess authority to change the election system. Whatever motivated the voters, the election result certainly did not confer upon the commissioners the authority to act in derogation of Florida law. 4 Section 124.011(1) had not been enacted at the time of McMillan so the Fifth Circuit did not consider its impact upon a non-charter county's power to reapportion itself....
CopyCited 11 times | Published | District Court, N.D. Florida | 1997 U.S. Dist. LEXIS 4043, 1997 WL 154619
...tricts for the Florida Legislature [ see Fla. Stat. §§ 10.101-.103 (West 1988 & Supp. 1997)], and the 1984 legislation which provides the option of changing from what had been mandatory at-large elections to single-member districts [ see Fla.Stat. § 124.011 (county commissioners); Fla.Stat....
...nderlying policy must be tenuous. See Doc. 151 at 13-14. Such an implication is inconsistent with the evidence in the instant case. On September 4, 1990, Liberty County conducted a county-wide referenda election pursuant to Florida Statutes Sections 124.011 and 230.105, to determine whether single-member district elections should be adopted for county commission and school board elections....
CopyCited 4 times | Published | District Court, N.D. Florida | 1986 U.S. Dist. LEXIS 22895, 37 Educ. L. Rep. 1137
...[13] There has to be a finding of liability in order for this court to order a change from an at-large system to single-member districting. Otherwise, the county would be required to place the issue before the electorate in the form of a referendum under Florida law. See § 124.011, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2000 WL 639326
...As to the county commissioners, section 3.01 of the charter requires that the "composition, election, term of office and compensation of members" be in accordance with general law. The "term of office" for a county commissioner is four years. See art. VIII, § 1(e), Fla. Const.; § 124.011(2), Fla....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1988 WL 131939
...The court, however, made no findings of fact as to what the policy is. In particular, the court did not explain how the state could be committed to a policy of having at-large elections given that its legislature has authorized the counties to abolish them. See Fla.Stat. § 124.011 (1987) (county commissions); id....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 17 Envtl. L. Rep. (Envtl. Law Inst.) 20647, 26 ERC (BNA) 1026, 1987 U.S. App. LEXIS 4347, 26 ERC 1026
that permitting process pursuant to 40 C.F.R. § 124.11, inter alia, and if EPA decided
CopyPublished | Florida 1st District Court of Appeal | 2008 WL 4901370
...on of the existing governing board, was found to be misleading to voters and a violation of §
101.161, Fla. Stat., especially in light of the simultaneous election of persons to the existing governing board. [4] We reject Mr. Lyons' contention that section
124.011(11), Florida Statutes (2008), is applicable here....
...Also at the 2008 general election, the voters approved all three amendments proposed to the Clay County's home rule charter at issue here. The putative Chair-Elect of the Commission was thus elected "at the election which approve[d]" the revision to the charter designed to shrink the Clay County Commission. § 124.011(11), Fla....
...unty Commission to its historical, five-member size. Id. But the statute provides: No county commissioner elected prior to or at the election which approves any revision as permitted in this section shall be affected in his or her term of office.... §
124.011(11), Fla. Stat. (2008) (emphasis supplied). We have searched the record in vain for any basis for concluding that the proposed charter amendments at issue were intended as, or in fact are, a revision permitted by section
124.011(11), Florida Statutes (2008)rather than amendments proposed to the charter in conformity with charter amendatory procedures. Thus we find no basis in the record before us to conclude that section
124.011, Florida Statutes (2008), had anything to do with any amendment to the charter, either in 2006 or 2008. We need not decide, therefore, whether, as appellant contends, section
124.011, Florida Statutes (2008), can apply only to noncharter counties. Compare Tallahassee Branch of NAACP v. Leon County, Fla.,
827 F.2d 1436, 1444 (11th Cir.1987) (Godbold, J., dissenting) ("In 1985, §
124.011(1), Fla.Stat.1985 was enacted, the effect of which was to give non-charter counties the option of adopting an alternate method for electing county commissioners: a five-person board with all elected from single-member districts or a seven-person board with five elected from single-member districts and two elected at-large.") with Pinellas County v. Eight is Enough in Pinellas,
775 So.2d 317, 320 (Fla. 2d DCA 2000) (looking to definition of "term of office" in section
124.011(2) in construing county charter).
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
county commission would not be implemented.1 Section
124.011, Florida Statutes, provides a procedural mechanism
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
Mr. Frank J. Griffith, Jr. County Attorney Brevard County Post Office Box 37 Titusville, Florida 32781-0037 Dear Mr. Griffith: This is in response to your request for an opinion on substantially the following questions: 1. DOES s 124.011 , F.S....
...CONTINUING THE ELECTION OF A FIVE-MEMBER BOARD BY ALL ELECTORS WITHIN THE COUNTY AT LARGE. 2. IF QUESTION ONE IS IN THE AFFIRMATIVE, WILL IT BE NECESSARY TO HOLD A RUNOFF ELECTION IN THE EVENT THAT NONE OF THE PROPOSITIONS RECEIVES A MAJORITY OF VOTES? Section 124.011 , F.S....
...entation within a five member county commission district, or an increase from a five to seven member commission with five single-member and two at-large commissioners. . . ." (e.s.) As created by Ch. 84-224, supra, and amended by Ch. 85-80, supra, s 124.011 provides the following "[a]lternate procedure for the election of county commissioners to provide for single-member representation." (1) County commissioners shall be nominated and elected to office in accordance with the provisions of s....
...Legislative intent must be determined from the plain language of the statute. St. Petersburg Bank and Trust Co. v. Hamm,
414 So.2d 1071 (Fla. 1982); Thayer v. State,
335 So.2d 815 (Fla. 1976). The statute is to be taken, construed and applied in the form enacted. Thayer v. State, supra. Section
124.011 , F.S. (1984 Supp.), as amended, provides that "a proposition" to be submitted to the electors in the manner provided in the section "shall provide that" five county commissioners shall be elected from single-member districts (s
124.011 [1][a] "or" the board of county commissioners shall be increased from five to seven members with five elected from single-member districts and two elected at large (s
124.011 [1][b]....
...ut the clear meaning of a party using the word, but it never means "and" unless the context requires such construction). See, e.g., Pinellas County v. Woolley,
189 So.2d 217 (2 D.C.A.Fla., 1966); AGO 76-203. It would not appear that the context of s
124.011 , F.S....
...(1984 Supp.), as amended, requires the construction of the word "or" in any manner other than its ordinary disjunctive sense, nor do I perceive any ambiguity or obvious mistake in the legislative use of the word "or" in Ch. 84-224, Laws of Florida, creating s 124.011 ....
...at the word "or" should be construed in a conjunctive sense. See also, 29 C.J.S. Elections s 170 (compliance with statutory provisions with respect to placing questions or propositions on the ballot required). Accordingly, I am of the opinion that s 124.011 , F.S....
...a choice and permits either proposition, but not both, to be placed on the ballot in any one election in the manner provided therein. Finally, with respect to the third alternative procedure proposed in your first question, I find no authority in s 124.011 , F.S....
...(1984 Supp.), permitting the Brevard County Board of County Commissioners to place on the ballot a proposition to continue the election of a five-member board by all electors within the county at large. Moreover, the Legislature's failure to include such an alternative proposition among those authorized by s 124.011 would appear to support the view of that section expressed herein, since the submission of the alternative propositions authorized by that section on the same ballot without offering the alternative of continuing the present method of commissioner election would seem likely to mislead the electorate....
...Dade County,
39 So.2d 807 (Fla. 1949). Accordingly, as your first question is answered in the negative, no response is required to your second question. Therefore, unless and until legislatively or judicially determined otherwise, I am of the opinion that s
124.011 , F.S....
