Governor,
In signing CS/HB 1583 you have signed into law an unconstitutional ex post facto law because it seeks to apply retroactively to candidate qualifying for the 2022 elections which has already occurred.
I am referring to the bill pertaining to ECUA in abolishing the personnel review board and in theory putting a term limit on those elected after July 1, 2021 but not signed into law until after qualifying for the 2022 elections
The reason why is that it restricts ECUA members to two consecutive terms at a time, if taking office after a date in 2021.
It is 2022.
It is in fact past qualifying in 2022
You cannot qualify a slate of candidates under what had been the most recent laws pertaining to ECUA, and then sign something that retroactively effects them.
Namely, everyone who qualified for ECUA did so to an unlimited office and when someone qualifies on June 17 you can’t say on June 24, because while it was an enrolled bill it was not law in Florida, it cannot be retroactively applied to current ECUA candidates.
The candidates who qualified on June 17th simply cannot have that law used against us, and I’d argue that strike through renders the entire thing null, I don’t know if a bill once signed can have the signature responded but legally that was apply that start period in the past.
The constitutional amendment passed by the voters in 1992 did not apply retroactively though I am now beginning to wonder if it was misinterpreted.
WD Childers was re elected in 1992 and 1996 and did not run in 2000 thinking he was term limited.
He was not.
The amendment said “shall take effect on election day” but this may be one of the few errors that Attorney General Butterworth ever made and perhaps it’s because he was termed out in 2002.
The thing is it could not take effect and then immediately apply to candidates on the ballot, who all qualified basically under the old reasoning.
Even with the language as it was, the election of 1992 was not conducted under it, that first election was 1994 and it amazes me Childers didn’t catch that and that others didn’t as the legislature was full of lawyers, the Governor was a lawyer, most of the Cabinet then of law school education.
An example of a retroactive law that you can’t go back to 1993 and apply correctly, but you cannot pass any law that “takes effect in the past”, the most recent date that legally could have been in that legislation was, if it was to take effect immediately yesterday, was yesterday’s date.
In 1978, when they passed appointed PSC, all their phase out of the current elected PSC terms were for future dates.
Governor you signed an unconstitutional bill and it does not apply to candidates qualified for ECUA in this election and at the very least that section of the law has to be rendered null but that it was ex post facto, might kill the whole bill.
But WD Childers legally could have run for a final term in 2000.
You can’t relitigate that either.
But ex post facto laws are unconstitutional.
And this bill is
That is not the same as my argument in re: Escambia County Circuit Clerk and Comptroller as the statutes themselves permit the filing of a quo waranto claim on an office during the entire duration of the term elected.
102.169 states that quo waranto shall not be abridged.
The statute does permit usage of the process in 102.168.
I think again Pam Childers misunderstands the law and Bruce should know better as 102.168 does put a time limit, but when you juxtapose the two it is obvious, “writ of quo waranto” means something separate from “election contest” but where I have these emails…. everyone has them, where I asked these questions of the Supervisor of Elections and he deliberately sought to obstruct.
I indicated my desire to file a challenge, no one in the office would answer basic questions and when Stafford does have a Florida law license and it was his job.
So perhaps the way to resolve that….. because quo waranto is a writ to claim something and “shall not be abridged” means what that says, and “abridgement” would include a time limit, and the intent was obvious, so ultimately this could go to the Florida Supreme Court.
That 169 is after 168 means this was the intent, quo waranto the process you use when you miss the contest period but where I only failed to make it because of deliberate obstructive actions of the Escambia County Supervisor of Elections Office.
So perhaps…….suspend David Stafford, appoint Childers to replace him, I am sworn in as Circuit Clerk, Childers doesn’t pay back collected salary.
A bill of relief passed to carry over Pam’s FRS tolling.
Which would get me out of the ECUA race.
But that doesn’t change the fact you signed an ex post facto law and anyone on ECUA who opposes it should immediately file suit challenging it.
Because it’s unconstitutional, and I was already notified on some things, as just a candidate I cannot request a formal opinion from the Attorney General, but someone on ECUA now can and this is cut and dry.
It really is.
I honestly believe Salzman just took a bill submitted in 2021 and didn’t bother editing the text…..but…..you can’t pass an ex post facto law.
As this pertains to the 401a program, this is the entire basis of my argument that the repealing the statute that authorized a county to set them up did not cancel those already passed, as the bill did not have language that said that, but simply removed the ability of counties from that point on to establish one.
But the ECUA bill was ex post facto, and is unconstitutional
The enrolled text as listed by the Florida House of Representatives website is what I substantiate my claim from as that is what was enrolled
It’s not a matter of “fix 1 to 2” when it is legislation so enrolled
This is a reference to “subsequent to July 1, 2021 which is in the text of the enrolled version, “er” on the site indicating this is what the Governor signed.
And so if this bill was submitted in 2021 and had been passed then and signed in June 2021 it would be constitutional, but this is June 2022, and the candidates for the 2022 election have already qualified and it is an unconstitutional ex post facto law
Sincerely,
Chase Anderson “Andy” Romagnano
Democratic nominee for Emerald Coast Utilities Authority District 2
Pensacola, Florida
