Court rules against Orange charter amendment challenge

A legal challenge to a pair of voter-approved charter amendments in Orange County suffered a setback Friday, though the issue is far from settled.

An appeals court overturned a judge’s order delaying the amendments, which would convert partisan constitutional offices such as sheriff and tax collector into nonpartisan charter offices that would include term limits.

Voters approved the change in 2016, but the Florida Association for Constitutional Officers – consisting of Sheriff Jerry Demings, Property Appraiser Rick Singh and Tax Collector Scott Randolph, all Democrats – sued to prevent them from taking effect, claiming the changes were unlawful.

An Orange circuit court judge issued the temporary delay in December, but on Friday a threejudge panel of the 5th District Court of Appeal overturned that ruling and allowed the changes to begin moving forward.

Gigi Rollini, attorney for the association, said the case “is still a matter pending before the circuit court, and one very much alive. The appeals court is sending the case back to the circuit court for further hearings in the case.”

County Attorney Jeff Newton said the county now considers the six offices – sheriff, property appraiser, tax collector, supervisor of elections, county clerk and comptroller – as charter offices, though he acknowledged the litigation is still ongoing.

“I am disappointed that the Sheriff, Property Appraiser, and Tax Collector continue to challenge the will of the voters,” said Mayor Teresa Jacobs, a Republican who backed the revisions. “These lawsuits are interfering and obstructing the electoral process by creating a cloud of uncertainty.”

It remains unclear if a 2018 special election to replace Demings, who would have to resign as sheriff to run for county mayor, would be partisan or nonpartisan. Regular elections for all six offices, all of which are held by Democrats, are scheduled for 2020.