Volusia Files Another Amendment 10 Appeal

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Tallahassee, FL - Volusia County has appealed a circuit judge’s ruling in a challenge to a voter-approved constitutional amendment that involves sheriffs and other types of county officials across Florida.

A notice of appeal was filed Monday (March 26th) in the 1st District Court of Appeal after Leon County Circuit Judge John Cooper ruled against the county earlier this month.

The case involves a Nov. 6 ballot measure, known as Amendment 10, that requires the election of county sheriffs, tax collectors, property appraisers, elections supervisors and clerks of court.

Also, the amendment, placed on the ballot by the Florida Constitution Revision Commission, prevents counties from taking steps such as abolishing those “constitutional” offices or transferring the duties.

Volusia County has contended that the constitutional amendment does not apply to it because of a decades-old local charter that revamped the structure of the county’s government.

But Cooper, in a five-page judgment issued March 20, said he found that “the language of the amendment itself and of the ballot summary reflect a clear voter intent that the amendment apply to all counties, including those that made changes pursuant to the pre-amendment law.”

As is common, the notice filed Monday does not detail arguments Volusia County will make in the appeal.

The Volusia County Council approved the latest challenge last week in a 4-3 vote despite numerous failed attempts over the past year to get the amendment off the ballot or annulled.