- April 25, 2024
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Volusia County will continue its battle against Amendment 10, as the County Council voted 4-3 on Tuesday, March 19, to appeal Leon County Circuit Court's judgment that the amendment did, in fact, apply to Volusia County.
The county maintains that Amendment 10 — which bundled several issues including the requirement for a state Department of Veterans Affairs, changing the legislative session start day on even-numbered years and requires elections for the sheriff, tax collector, property appraiser, clerk of court and the supervisor of elections — violates the county's charter. The circuit court determined that the amendment overrides Article VIII, section 1C in the state Constitution that states a charter may be "amended or repealed only upon vote of the electors of the county in a special election called for that purpose."
Councilwomen Heather Post and Barbara Girtman, as well as Councilman Ben Johnson voted against the county appealing the court's decision. County Council Chair Ed Kelley, Councilman Fred Lowry and Councilwomen Deb Denys and Billie Wheeler voted to take the fight to the Florida Supreme Court.
“I think we need to finish it," Denys said. "That’s what leaders do.”
The vote almost swung the other way. Wheeler initially said that the county should move on, but changed her mind after Denys mentioned the Supreme Court's comments on the amendment before it went on the ballot. Denys said the comments found that if the amendment were to be challenged after the election, it would be addressed by the Supreme Court.
“I think that is almost the directive for the Supreme Court to walk it out," Denys said.
Denys said the county is in the process of implementing Amendment 10, and that it could let the Supreme Court have the final judgment on the appeal in the meantime.
Post asked County Attorney Dan Eckert how much the legal battle has cost Volusia, in both dollars and time. He gave an estimate of around $2,750, but was unable to give Post an answer on the amount on hours he's spent, though they were "considerable."
This issue is splitting the community, Johnson said. Though he said he had an issue with the fact Amendment 10 was a statewide vote, and not a local one in regards to the charter changes, he had to support the 53% of voters who supported it in Volusia.
“I don’t care what 63% of the state of Florida says about Volusia County," Johnson said. "I do care about what our residents say."
Lowry said he remains supportive of the legal challenge because people weren't aware of what the amendment entailed. He said voters saw it had the word "veterans" in it, and voted for it.
Post disagreed, and said the county needs to let the issue go.
“Who are we to say that?" Post said. "The point is voters voted.”
If the argument is that the amendment is a violation of the charter, then perhaps the county should look into putting the charter on the next ballot, she said.
Kelley then told her he'd be willing to do just that, if the county prevailed in the Supreme Court.
