- May 1, 2024
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Volusia County will not seek any more appellate reviews regarding Amendment 10, following the Aug. 17 ruling by the the First District Court of Appeal that the amendment is applicable to the county charter.
In March 2019, Volusia appealed the Leon County Circuit Court judgment stating the same finding, arguing that Amendment 10 — which bundled the requirement for a state Department of Veterans Affairs, a change of the legislative session start day, and elections for the sheriff, tax collector, property appraiser, clerk of court and the supervisor of elections — violated the county's charter.
According to a memorandum by County Attorney Michael Dyer, the First District rejected Volusia's argument and noted that the new amendment language overrides the county's 1970 charter language stating the charter could only be amended by a vote in a special election for that purpose. If the county chose to take the legal battle further, Dyer said at the County Council meeting on Tuesday, Aug. 25, that the council would have to seek discretionary review with the Florida Supreme Court, but that the court wasn't guaranteed to review their case.
The council unanimously voted to let the matter rest.
"We’re wasting our time," said County Councilman Ben Johnson. "It needs to stop. It’s divisive.”
Though he said he agreed the charter amendment — which is requiring Volusia to create a tax collector's office (Will Roberts will be come the first county tax collector in 50 years following his election in the primary) — should have been a county issue, Johnson said it was time to continue making sure all the transitions are ready to be implemented come Jan. 5, 2021.
County Council Chair Ed Kelley said the legal battle wasn't an appeal "against the vote of the people." It was because the Supreme Court ruled that the amendment's effectiveness would be determined post-election, he said. He felt they were protecting the county charter.
“That’s all I was seeking to do," Kelley said. "It was not to hurt anybody; it was not to not listen to the people. It was following the guidelines set forth by the Supreme Court.”
Dyer said the county spent a total of $1,988.83 in the litigation, including $506.02 for the appeal, a figure County Councilwoman Heather Post questioned. The county often settles claims because staff finds they will cost more to litigate, Post explained, and said she felt it was "misleading" to tell the public the cost of the Amendment 10 suit was so little.
Dyer said the expenditures within that $1,988.83 included filing fees, FedEx mailings and mileage.
County Councilman Fred Lowry said the "real cost" will come when they have to open and fund a tax collector's office as the county didn't have to hire extra lawyers for the amendment lawsuit. Kelley agreed and said the implementation of the amendment will eventually result in higher taxes.
“The costs are coming and you will see those," he said.
