There is no definitive evidence from the provided information that the Suwannee County Commissioners are currently violating the Florida Constitution. However, some concerns have been raised that could suggest potential issues, though these do not necessarily constitute clear violations. Below is a summary based on the available information and relevant constitutional considerations:
Key Points from Available Information:
Public Comment Restrictions:
A blog post from Concerned Citizens of North Florida (November 30, 2023) criticizes the Suwannee County Board of County Commissioners for limiting public comment to three minutes at the start of meetings, claiming this was a unilateral decision by Chairman Franklin White to "silence the public." While Florida’s Sunshine Law (F.S. 286.011) requires public meetings to allow reasonable opportunity for public comment, it does permit boards to set reasonable time limits. Whether this restriction violates the Constitution depends on whether it unreasonably restricts public access or participation, which would require further legal scrutiny. The blog suggests this was not a board decision, which could raise procedural concerns, but no formal violation is documented.
Historical Context and Disciplinary Powers:
A 1976 Attorney General Opinion (AGO 76-51) clarifies that the Governor’s authority to suspend county commissioners is limited by Article IV, Section 7 of the Florida Constitution. Suspension must be tied to specific grounds (e.g., malfeasance, misfeasance, or neglect of duty) and is part of a process leading to potential removal by the Senate. The opinion notes that temporary suspensions (e.g., 90 days) or penalties like salary forfeiture, as recommended by the Florida Commission on Ethics, may not align with constitutional procedures unless they follow the prescribed process. There is no recent evidence indicating current commissioners are under such disciplinary review.
Term Limits:
The Florida Constitution does not impose term limits on county commissioners, but charter counties may set their own limits via voter approval, as upheld in William Telli v. Broward (2012). Suwannee County is not a charter county, so no term limits apply unless enacted by statute or local ordinance. There is no indication that commissioners are violating constitutional provisions related to term limits.
Use of Public Funds:
A 1960 Florida Supreme Court case (State v. Suwannee County Development Authority) ruled that using public funds to acquire property solely for private enterprise violates Article IX, Section 10 of the Florida Constitution (now Article VII, Section 10), which prohibits pledging public credit for private purposes. There is no current evidence suggesting the Suwannee County Commissioners are engaging in such activities, though historical precedent underscores the importance of ensuring public funds serve a public purpose.
Sunshine Law Compliance:
The Florida Constitution (Article I, Section 24) and the Sunshine Law require public access to meetings and records of public bodies like the Board of County Commissioners. There are no specific allegations in the provided information of Sunshine Law violations, but the public comment restriction could be perceived as limiting transparency if deemed unreasonable.
Other Concerns:
Issues like illegal dumping, administrative decisions (e.g., adding an assistant administrator), or the transfer of water and sewer operations to the North Florida Water Utilities Authority (NFWUA) have been raised, but none are explicitly linked to constitutional violations. These are administrative or policy decisions within the commissioners’ authority unless proven to involve malfeasance or other constitutional breaches.
Constitutional Framework:
The Florida Constitution outlines specific roles and limitations for county commissioners:
Article VIII, Section 1(e): Commissioners are elected to four-year terms in non-charter counties like Suwannee, with no constitutional term limits.
Article IV, Section 7: The Governor may suspend commissioners for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, or felony conviction, with removal requiring Senate action.
Article I, Section 24: Ensures public access to meetings and records, subject to reasonable regulations.
Article VII, Section 10: Prohibits using public funds or credit for private purposes without a clear public benefit.
Analysis:
No Clear Violations: The provided information does not confirm ongoing constitutional violations by the Suwannee County Commissioners. The public comment time limit, while controversial, is likely permissible under the Sunshine Law if it allows reasonable public input. No evidence suggests misuse of public funds, failure to follow election or suspension procedures, or other direct constitutional breaches.
Potential Concerns: The restriction on public comment could be challenged if it significantly hinders public participation, but this would require a legal determination. Similarly, any misuse of funds or failure to follow proper procedures (e.g., unilateral decisions without board approval) could raise issues, but no such cases are documented in the provided data.
Lack of Specific Allegations: The query’s broad nature and lack of specific allegations make it difficult to pinpoint violations. If there are particular actions (e.g., specific ordinances, financial decisions, or ethics violations), further details would be needed to assess constitutionality.
Conclusion:
Based on the available information, there is no conclusive evidence that the Suwannee County Commissioners are violating the Florida Constitution. The public comment restriction and other administrative decisions raise concerns among some citizens, but these do not clearly breach constitutional provisions without further evidence or legal findings. If you have specific actions or incidents in mind, please provide details, and I can evaluate them further. For ethics complaints or suspected violations, citizens can file with the Florida Commission on Ethics.
cccc
by Keith Broaders
on Thursday
There is no definitive evidence from the provided information that the Suwannee County Commissioners are currently violating the Florida Constitution. However, some concerns have been raised that could suggest potential issues, though these do not necessarily constitute clear violations. Below is a summary based on the available information and relevant constitutional considerations:
Key Points from Available Information:
Constitutional Framework:
The Florida Constitution outlines specific roles and limitations for county commissioners:
Analysis:
Conclusion:
Based on the available information, there is no conclusive evidence that the Suwannee County Commissioners are violating the Florida Constitution. The public comment restriction and other administrative decisions raise concerns among some citizens, but these do not clearly breach constitutional provisions without further evidence or legal findings. If you have specific actions or incidents in mind, please provide details, and I can evaluate them further. For ethics complaints or suspected violations, citizens can file with the Florida Commission on Ethics.