Alachua County v. Scharps

855 So. 2d 195, 2003 WL 22103776
CourtDistrict Court of Appeal of Florida
DecidedSeptember 12, 2003
Docket1D02-3240
StatusPublished
Cited by16 cases

This text of 855 So. 2d 195 (Alachua County v. Scharps) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alachua County v. Scharps, 855 So. 2d 195, 2003 WL 22103776 (Fla. Ct. App. 2003).

Opinion

855 So.2d 195 (2003)

ALACHUA COUNTY, Florida and the Labor Party Just Health Care Committee, through its Chairman Mark Piotrowski and the Alachua County Labor Party, through its Co-chairs, Jennifer Brown and Mark Piotrowski, and Beverly Hill, the Supervisor of Elections, for Alachua County, Florida, Appellants,
v.
Howard J. SCHARPS, Appellee.

No. 1D02-3240.

District Court of Appeal of Florida, First District.

September 12, 2003.

*196 David Wagner, County Attorney, Gainesville; Robert L. Nabors, of Nabors, Giblin & Nickerson, P.A., Tallahassee; Andrea Costello and Alice K. Nelson, of Southern Legal Counsel, Inc., Gainesville, for Appellants.

Joseph W. Little, Gainesville, for Appellee.

WOLF, C.J.

Appellant, Alachua County Board of County Commissioners (the County), was the defendant in an injunctive and declaratory action brought by appellee, Howard J. Scharps. The County challenges a final judgment invalidating a resolution passed by the County which directed that a referendum be placed on the general election ballot. Appellant raises a number of issues, including whether appellee had taxpayer standing to challenge the County's authorization of the referendum. We find that appellee lacks standing; therefore, we reverse the decision of the trial court on this basis and decline to address the other issues raised by the County.

On July 11, 2000, the County adopted Resolution 00-55 (the resolution), and directed that the following non-binding question be placed on the November 8, 2000, Alachua County general election ballot:

*197 UNIVERSAL HEALTH CARE AND HEALTH INSURANCE TRUST FUND

Do you favor legislation to create a system of universal health care in Florida that provides all residents with comprehensive health care coverage (including the freedom to choose doctors and other health care professionals, facilities and services) and eliminates the role of health insurance companies in health care by creating a publicly administered health insurance trust fund? The trust fund would receive the funds presently going to the numerous health insurance companies throughout the state.
__________ Yes __________ No

On September 29, 2000, Scharps filed a second amended complaint (the complaint) for declaratory judgment and injunctive relief pursuant to Article V, Section 4 of the Florida Constitution and chapters 26 and 86 of the Florida Statutes. Regarding his standing, Scharps alleged the following:

3. Howard Scharps is resident, citizen and taxpayers [sic] of Alachua County, Florida and has been all times material hereto.
....
46. Plaintiff Scharps opposes the substance of the matter stated in the nonbinding referendum and objects on First Amendment and Florida Declaration of Rights grounds to Board's employment of the power and resources [sic] to the County and the State of Florida to promote one political point of view in the guise of a nonbinding referendum that does not pertain to the functions and powers of county government[.]

In count I of the complaint, Scharps sought a declaratory judgment that the resolution was invalid because the County had no power under section 125.01, Florida Statutes (2000), or Article III of the Florida Constitution, to conduct a referendum to determine elector sentiment on the issue of universal health care. In count II of the complaint, Scharps alleged violations of the First and Fourteenth Amendments to the United States Constitution and the Declaration of Rights in Article I of the Florida Constitution. Scharps sought injunctive relief to either keep the referendum off the November 2000 ballot or, alternatively, to seal the results of such a ballot.

The County asserted numerous defenses, including that Scharps did not have standing to bring the declaratory action against the County. On November 7, 2000, the eve of the election, the trial court rendered an order denying injunctive relief and reserving judgment on declaratory relief, finding that Scharps failed to meet the burden of persuasion that his own injury would outweigh the complications necessary to comply with any injunctive relief.[1] Specifically, the court held,

Plaintiff does not allege personal or financial injury as a result of the tabulating and releasing the votes on the non-binding referendum. Rather, Plaintiff alleges an inability on the part of the Board of County Commissioners to exercise any discretion as to potential future proposed referenda....

Apparently the referendum was held on November 8, 2000.[2]

*198 On March 12, 2002, the trial court entered the final judgment declaring the resolution invalid, finding that the County improperly placed a non-binding referendum regarding universal health care on the November 2000 election ballot. The judgment did not address or explicitly rule on the standing issue. The County filed a timely motion for rehearing, arguing in part that the issue of Scharps' standing was not addressed by the court. The trial court denied the motion for rehearing, and this appeal ensued.

Standard of Review

Determining whether a party has standing is a pure question of law to be reviewed de novo. See Edgewater Beach Owners Ass'n, Inc. v. Walton County, 833 So.2d 215, 219 (Fla. 1st DCA 2002). The trial court failed to explicitly address the arguments as to Scharps' standing to bring this action. The trial court, however, implicitly found there was standing by addressing the merits of appellee's complaint. When standing is raised as an issue, the trial court must determine whether the plaintiff has a sufficient interest at stake in the controversy which will be affected by the outcome of the litigation. See Fox v. Prof'l Wrecker Operators of Fla., Inc., 801 So.2d 175, 178 (Fla. 5th DCA 2001). The trial court should have addressed the standing issue. See Jones v. Dep't of Revenue, 523 So.2d 1211, 1214 (Fla. 1st DCA 1988) ("Before reaching the merits of appellant's challenge, however, it is first necessary to determine whether appellant had standing to challenge the constitutionality of the statute.").

Appellant admits he suffered no special injury, but he alleged in his complaint, asserted at the trial level, and argues on appeal that he is exempt from the special injury rule because he has "taxpayer standing" and constitutional standing. We find he has neither.

Taxpayer Standing

Generally, in order to have standing to bring an action the plaintiff must allege that he has suffered or will suffer a special injury. See Rickman v. Whitehurst, 73 Fla. 152, 157, 74 So. 205, 207 (1917); Godheim v. City of Tampa, 426 So.2d 1084, 1086-88 (Fla. 2d DCA 1983). The special injury requirement, or the "Rickman rule," has an exception "[w]here there is an attack upon constitutional grounds based directly upon the Legislature's taxing and spending power." N. Broward Hosp. Dist. v. Fornes, 476 So.2d 154, 155 (Fla.1985) (emphasis in original) (quoting Dep't of Admin. v. Horne, 269 So.2d 659, 663 (Fla.1972)). When such constitutional grounds exist "there is standing to sue without the Rickman requirement of special injury." Id. (quoting Horne, 269 So.2d at 663). The supreme court refused to depart from this special injury rule or expand this exception. Fornes, 476 So.2d at 155; see also Sch. Bd. of Volusia County v. Clayton,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Herbits v. City of Miami
207 So. 3d 274 (District Court of Appeal of Florida, 2016)
Joanne McCall, Senator Geraldine etc. v. Rick Scott, Governor of Florida, etc.
199 So. 3d 359 (District Court of Appeal of Florida, 2016)
Solares v. City of Miami
166 So. 3d 887 (District Court of Appeal of Florida, 2015)
McCarty v. Myers
125 So. 3d 333 (District Court of Appeal of Florida, 2013)
Public Defender, Eleventh Judicial Circuit of Florida v. State
115 So. 3d 261 (Supreme Court of Florida, 2013)
Johnson v. State
78 So. 3d 1305 (Supreme Court of Florida, 2012)
Davis v. Hinson
67 So. 3d 1107 (District Court of Appeal of Florida, 2011)
Jagodinski v. Washington Mutual Bank
63 So. 3d 791 (District Court of Appeal of Florida, 2011)
Nevitt v. Bonomo
53 So. 3d 1078 (District Court of Appeal of Florida, 2010)
Sanchez v. Century Everglades, LLC
946 So. 2d 563 (District Court of Appeal of Florida, 2006)
West Farms Mall, LLC v. Town of West Hartford
901 A.2d 649 (Supreme Court of Connecticut, 2006)
Gargano v. LEE COUNTY BD. OF COUNTY COM'RS
921 So. 2d 661 (District Court of Appeal of Florida, 2006)
WICCAN RELIGIOUS CO-OP. OF FLA. v. Zingale
898 So. 2d 134 (District Court of Appeal of Florida, 2005)
Wexler v. Lepore
878 So. 2d 1276 (District Court of Appeal of Florida, 2004)
Hospice of Palm Beach County v. State
876 So. 2d 4 (District Court of Appeal of Florida, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
855 So. 2d 195, 2003 WL 22103776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alachua-county-v-scharps-fladistctapp-2003.