Term Limits -- County Commissioners
Telli v. Snipes
Case No. 10-7095(25)
17th Judicial Circuit (Broward County)
In February 2010 a citizen of Broward County filed suit against the Supervisor of Elections, seeking declaratory relief that the term limits for county commissioners in the Broward County charter were unconstitutional. Mr. Telli argues that the term limit is an unlawful disqualification from election to office for a class of constitutional officers, in violation of Article VI, section 4 of the Florida Constitution. This argument is based on the Florida Supreme Court's decision in Cook v. City of Jacksonville, 823 So. 2d 86 (Fla. 2022), in which the Court concluded that Jacksonville and Pinellas County's term limit provisions were unconstitutional prohibitions on election to office, finding that Article VI, section 4, Florida Constitution, preempted the field for imposing disqualifications for classes of constitutional officers. The complaint can be viewed here. On October 29, 2010, the circuit court entered summary judgment, finding that the term limits were constitutional. The order can be viewed here.
The case was appealed to the 4th District Court of Appeal. After oral argument, the Court issued an opinion reversing that decision, finding the term limits to be constitutional. You can link to the opinion here. The plaintiffs have asked the Supreme Court to accept jurisdiction.
Killebrew v. Edwards
Case No. 53-2011 CA-00 - 1950 J000-00
10th Judicial Circuirt (Polk County)
This case seeks a declaration of constitutionality as to both Polk County's charter provisions on (1) term limits for county commissioners under the county charter and (2) salary establishment process for county commissioners. You can view the complaint here.
Antunes v. Sarasota County
Case No. 2011 CA 9112 NC
2D11 - 6233
This case asks the court to enforce the current (but unenforced) term limit provision in the county charter for county commissioners. The court entered an injunction against the enforcement of the provision based on the 4th District Court of Appeal's decision in Telli v. Snipes holding such provisions to be unconstitutional. On appeal, the Second District Court of Appeal has certified the case on up to the Supreme Court as the case raises the same issue as Telli v. Snipes and as time is of the essence on elections.