Term Limits Unconstitutional?

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November 8, 2010

There has been very little media coverage of a possibly very significant court ruling in Broward County. Lost in the coverage on election day last week, was the story that Broward Circuit Judge Carol-Lisa Phillips, the wife of former Ft. Lauderdale Mayor Jim Naugle, who was term limited in 2009, ruled that Broward County Commission term limits are unconstitutional.

Read about it in the Sun-Sentinel, Miami Herald, and New Times.

The judge cited a 2002 ruling by the Florida Supreme Court that invalidated term limit provisions in the charters of Duval and Pinellas counties. Since Palm Beach is a constitutionally created Charter County as well, it is likely that a similar lawsuit is in the works to clear the way for Karen Marcus (likely) and Burt Aaronson (maybe) to run again in 2012, even though the current Charter would prohibit it.

It should be noted that the Broward voters passed their term limit charter amendment with 80% of the vote, and in Palm Beach it was 70%. Once again, the judiciary steps in to thwart the will of the voters. Since part of the TAB strategy is to seek out like minded candidates to run for these thought-to-be-open seats in 2012, we will be following this closely.