Jennifer Brinkmann v. Tyron Francois, etc.

184 So. 3d 504, 41 Fla. L. Weekly Supp. 25, 2016 Fla. LEXIS 235, 2016 WL 454041
CourtSupreme Court of Florida
DecidedFebruary 4, 2016
DocketSC14-1899
StatusPublished
Cited by9 cases

This text of 184 So. 3d 504 (Jennifer Brinkmann v. Tyron Francois, etc.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jennifer Brinkmann v. Tyron Francois, etc., 184 So. 3d 504, 41 Fla. L. Weekly Supp. 25, 2016 Fla. LEXIS 235, 2016 WL 454041 (Fla. 2016).

Opinion

PERRY, J.

This case is before the Court on appeal from a decision of the Fourth District Court of Appeal, Francois v. Brinkmann, 147 So.3d 613, 614 (Fla. 4th DCA 2014), which declares invalid section 99.0615, Florida Statutes (2014), governing the resi *506 dency requirement for write-in candidates of elections statewide. We have jurisdiction. See art. V, § 8(b)(1), Fla. Const. For the reasons discussed below, we affirm the district court’s decision.

STATEMENT OF THE CASE & FACTS

The Fourth District set forth the relevant facts and procedural history of this case as follows: , . -. ,,

Five.candidates for Broward County Commissioner for District 2, all Democrats, qualified to have -their names printed on the ballot for the August 2014 primary election. No Republican or Independent candidates filed qualifying papers. [Tyron] Francois, a sixth candidate and also a Democrat, filed qualifying paperwork to run.as a write-in candidate. As a duly qualified write-in candidate, a blank space on the ballot for the November 2014 general election would have been provided to allow voters to write in Francois’s name as their vote for the county commissioner to serve District 2. Francois’s status as a qualified write-in candidate would constitute “opposition,” as that term has been interpreted in relation to the’ Universal Primary Amendment (UPA), Article VI, section 5(b) of the Florida Constitution, thus requiring that the primary election be closed. See Telli v. Snipes, 98 So.3d 1284 (Fla. 4th DCA 2012).
Appellee [Jennifer] Brinkmann, a resident voter, filed a complaint in the circuit court, alleging that Francois was not properly qualified to be a write-in candidate because he did not physically live within the boundaries of the district as required by section 99.0615, Florida Statutes .(2014). Brinkmann also sought an. order forcing the primary election to be opened to all voters pursuant to the UPA. Francois conceded below, as he does on appeal, that he did not live in the district at the time- he filed papers to qualify as a write-in candidate. However, he contends -that section 99.0615 is facially unconstitutional because it conflicts with the Florida Constitution and violates equal protection. After an evi-dentiary hearing, the circuit court found that section 99.0615 is constitutional and disqualified Francois as a write-in candidate) The circuit court also entered an injunction that opened the primary election to all registered voters.

Francois, 147 So.3d at 614 (footnotes omitted).

The Fourth District reversed the circuit court’s order, concluding that “section 99.0615, Florida Statutés (2014), is facially unconstitutional because the timing of its residency requirement for write-in candidates conflicts with the timing of the. residency requirement for county commission .candidates as established by Article VIII, section 1(e) of the Florida Constitution.” Id. at 616. In support of its holding, the district court cited State v. Grassi, 532 So.2d 1055, 1056 (Fla.1988), in which this “[C]ourt construed the constitutional provision [in article VIII, section 1(e), Florida Constitution,] regarding the residency requirement for county commissioners and stated that [t]he Florida - Constitution requires residency at the time of election.” Id. at 615 (internal quotation marks omitted). , Given this interpretation, the Fourth District found itself “convinced beyond a reasonable doubt that the act contravenes the superior law.” Id. at 616 (quoting Mairs v. Peters, 52 So.2d 793, 795 (Fla.1951)) (internal quotation marks omitted). This appeal follows. 1

*507 ANALYSIS

Brinkmann raises three distinct issues in this case. Her first contention is that the circuit court should not have been required to address Francois’ facial challenge as to the constitutionality • of section" 99.0615, Florida Statutes (2014), because he did not provide the State with proper -notice regarding the challenge. Next, Brinkmann argues that, neverthéless, section' 99.0615, governing the residency qualification of write-in candidates for public offices does not contravene the residency requirement applicable to county commissioners under article VIII, section 1(e), Florida Constitution. As such, because Francois failed to satisfy the statutory residency requirement, he did not qualify to run as a write-in candidate in the general election for the county commissioner’s " office. Finally, Brinkmann alternatively argues that even if section 99.0615 contravenes article VIII, section 1(e), and thus Francois properly qualified as a write-in candidate,.such candidates are not included within the intended meaning of “opposition” as used in a different constitutional provision, namely, article VI, section 5, Florida Constitution. Therefore, the Democratic Party’s primary election should have been opened to all registered voters. We will discuss each issue in turn.

Preservation of Constitutionality Claim

Brinkmann contends that the issue regarding the constitutionality of section 99.0615, Florida Statutes, was not properly preserved because Francois failed to provide all appropriate parties with a meaningful opportunity to defend the challenge under Florida Rule of Civil Procedure 1.071. - The record before us reflects that all procedural requirements were indeed satisfied, including proper notice being furnished to the Office of the State Attorney for the Seventeenth Judicial Circuit in and for Broward County. Therefore, the State was afforded a meaningful opportunity to intervene .and be heard. That it did not actually participate in litigation does not preclude us; nor did it preclude the lower courts, from considering Francois’ claim. See Martin Mem’l Med. Ctr., Inc. v. Tenet Healthsystem Hosp., Inc., 875 So.2d 797, 800 (Fla. 1st DCA 2004) (“[I]t seems to us relatively clear that, once the Attorney General or appropriate state attorney has been served, he or she may choose either to appear or not. However, in the latter event, non-participation has no effect on the iitigátion.”). Accordingly, this argument is without merit.

Constitutionality of Section 99.0615

The crux of this issue is whether section 99.0615, Florida Statutes, contravenes the relevant provision of article VIII," section 1(e), Florida Constitution, and by extension, whether Francois properly qualified as a write-in candidate for the 2014 Broward County Commissioner, District 2, general election. Because these issues türn on the determination of a statute’s constitutionality and the" interpretation of a provision of this state’s" constitution, they are pure questions of law and thus subject to de novo review., See Graham v. Haridopolos, 108 So.3d 597, 603 (Fla.2013) (quoting Crist v. Fla. Ass’n of Criminal Def. Lawyers, Inc., 978 So.2d 134, 139 (Fla.2008)). We recognize that because “statutes come clothed with a presumption of constitutionality^] [they] must be construed whenever possible to effect a *508 constitutional outcome.” Id.

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184 So. 3d 504, 41 Fla. L. Weekly Supp. 25, 2016 Fla. LEXIS 235, 2016 WL 454041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jennifer-brinkmann-v-tyron-francois-etc-fla-2016.