CopyCited 47 times | Published | Supreme Court of Florida
...of county commissioners..." (Emphasis supplied.) Section
145.131, Florida Statutes (1975), states that: "[a]fter July 1, 1969, compensation of any official whose salary is fixed by this chapter shall be the subject of general law only... ." Further, Section
145.16, Florida Statutes (1975), provides in part: "Special laws or general laws of local application prohibited (2) Pursuant to § 11(a)(21), Art....
CopyCited 11 times | Published | Supreme Court of Florida
...230.04, Florida Statutes (1975), and hence valid; (iii) declared that Section 3 of the Act, providing for reduction of a school board member's salary to $200 monthly, was not violative of Article III, Section 11(a)(21), Florida Constitution, because Section 145.16(2), Florida Statutes (1975), "does not include school board members in the list of county officials for whom special laws fixing compensation are prohibited"; and (iv) declared Section 4 of the Act unconstitutional because the legislat...
...76-356, Laws of Florida, violates Article IX, Section 1 of the Florida Constitution; (ii) whether Section 2 of the Act violates Article IX, Section 4(b) of the Florida Constitution; and (iii) whether Section 3 of the Act violates Article III, Section 11(a)(1) of the Florida Constitution, and Section 145.16(1), Florida Statutes (1975)....
...a majority vote. Appellant's last attack on the Act centers upon Section 3, which reduces the salary of school board members to $200 per month. This provision is alleged to violate Article III, Section 11(a)(1), Florida Constitution, [2] as well as Section 145.16(1), Florida Statutes (1975)....
...The Newell Court construed the term "election" in the predecessor to Article III, Section 11(a)(1), to include primary as well as general elections and, accordingly, found the statutory provision invalid. Appellant's attack premised on a violation of Section 145.16(1), Florida Statutes (1975), must also fail. Although that section expresses a legislative policy in favor of uniformity of salaries of county officials, Section 145.16(2), Florida Statutes (1975), enumerates specific county officials whose salaries are to be uniform. School board members are conspicuous by their absence from the county officers listed in Section 145.16(2), Florida Statutes (1975). Accordingly, under the doctrine of expressio unius est exclusio alterius, Section 145.16 offers no impediment to establishing by local law a different salary for those officers in Escambia County....
...Const.: "(a) There shall be no special law or general law of local application pertaining to: (1) election, jurisdiction or duties of officers, except officers of municipalities, chartered counties, special districts or local governmental agencies." [3] § 145.16(1), Fla....
