Orange County, Florida v. SinghAnnotate this Case
The Supreme Court quashed the decision of the Fifth District Court of Appeal expressly construing a provision of the Florida Constitution and upheld the validity of an ordinance proposing an amendment to the Orange County Charter with the exception of certain language discussed in this opinion, holding that the language was in direct conflict with Fla. Stat. 100.041.
The proposed amendment provided for term limits and non-partisan elections for county constitutional officers. Three Orange County constitutional officers filed a suit for declaratory and injunctive relief against the County challenging the county ordinance. The trial court upheld the portion of the charter amendment providing for term limits but struck down that portion providing for nonpartisan elections. The Fifth District affirmed. The Supreme Court quashed the decision below and upheld the validity of the ordinance upon the severance therefrom of offending language requiring the county constitutional officers to be elected during the primary election, holding that the offending language in the amendment for county constitutional officers to be elected on a nonpartisan basis may be stricken without rendering the remainder incomplete.