SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, APPELLANT,
v.
JACKIE WINCHESTER, SUPERVISOR OF ELECTIONS, APPELLEE
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The School Board of Palm Beach County appealed a trial court's declaration that non-partisan elections for school board members violated the Florida Constitution under Kane v. Robbins. The appellate court affirmed the trial court, holding that Palm Beach County's special law requiring non-partisan elections was void because the county was not chartered when the law was enacted, and certified the matter to the Florida Supreme Court for immediate resolution due to its statewide significance.
The appellate court affirmed the trial court's declaration that the non-partisan elections were void under Kane v. Robbins. Although the court recognized that Kane may have exempted chartered counties from the constitutional prohibition, Palm Beach County was not a chartered county when it enacted the special law, so the exemption did not apply.
[1] Article III, Section 11(a)(1) of the Florida Constitution prohibits the enactment of special laws pertaining to constitutional officers, including school board members, w…
[2] Special laws requiring non-partisan elections for school board members are void if enacted by a county that is not a chartered county at the time of enactment.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Kane held that Article III, Section 11(a)(1) of the Florida Constitution prohibits, with certain exceptions, the enactment of special laws pertaining to constitutional officers which the Kane court said included school board members.”
Establishes the constitutional basis for voiding the special law requiring non-partisan elections.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePalm Beach County enacted a special law requiring school board members to be elected on a non-partisan basis. The trial court determined that pursuant…
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PER CURIAM.
This matter is before the court on appellant’s motion for emergency relief. Appellant’s timely motion is taken from a final declaratory judgment of the trial court, and an amended order on motion for clarification, both entered pursuant to the case of Kane v. Robbins, 556 So. 2d 1381 (Fla.1989). Kane held that Article III, Section 11(a)(1) of the Florida Constitution prohibits, with certain exceptions, the enactment of special laws pertaining to constitutional officers which the Kane court said included school board members. In short, the trial court has determined that the non-partisan elections of all the present members of appellant School Board are void, pursuant to Kane, and that new partisan elections must be held. Emergency relief is sought, inter alia, because the filing deadline for the presently scheduled primary election is only two days away, to wit, July 20, 1990.
The school board argues that officers from “chartered counties” are excluded from this special law prohibition. Reading Kane, we believe that the Supreme Court would agree with that contention. Unfortunately, when Palm Beach County enacted its special law requiring school board members to be elected in nonpartisan fashion, it was not a chartered county. This is not a mere technical shortcoming, because the Supreme Court in Kane declared such special law elections void.
As a consequence, we believe Judge Rodgers was eminently correct in what he did and, in fact, could not, at his level, have done otherwise. Pursuant to the provisions of Florida Rule of Appellate Procedure 9.125, we sua sponte certify this matter as requiring immediate resolution by the supreme court, because the pending matter is of great public importance, or may have a great effect on the proper administration of justice throughout the state. It is possible that the supreme court will distinguish the issue now before us from the issue in the Kane case. Palm Beach is now a chartered county even if it was not at the time of the enactment of the special law.
The automatic stay in effect pursuant to rule 9.310(b)(2), Florida Rules of Appellate Procedure shall continue until further direction from the supreme court. The circuit court’s final order on plaintiffs complaint for declaratory relief and the amended order are affirmed, and certified to the Florida Supreme Court pursuant to rule 9.125, Florida Rules of Appellate Procedure.
LETTS, GUNTHER and POLEN, JJ., concur.
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Cited By
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Sch. Bd. OF Palm Beach Cnty. v. Winchester, 565 So. 2d 1350 (Fla. 1990)…itch can give light until after it has the power. On the school board’s motion for emergency relief, the Fourth District Court of Appeal affirmed the trial court and certified the matter to be of great public importance. School Board v. Winchester, 563 So. 2d 1135 (Fla. 4th DCA 1990). We have [*1352] jurisdiction.1 Because of the impending elections, we have acquired the records and briefs filed by the parties in the district court of appeal and have authorized no additional briefing in this Court. The legis…
Authorities Cited
- Kane v. Robbins, 556 So. 2d 1381 (Fla. 1989)