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October 28, 2022
Public Policy Update
Hello everyone. We got some absolutely fantastic news late yesterday regarding the Orange County rent control ballot measure we were challenging in the courts. A few weeks ago, I updated you that a judge with the Ninth Judicial Circuit Court denied our motion for a temporary injunction of the ballot measure despite admitting that it is “contrary to established law” and that it may not survive future court challenges.
Well, we appealed that ruling, and true to the initial judge’s prediction, the 5th District Court of Appeal, in a 2-1 decision, overturned the denial of the temporary injunction!
You can read the full, 42 page ruling here. It does a very good job of laying out the legal issues associated with the ballot measure, which come down to two main issues. The first is that the appeal court concluded the Ordinance’s findings do not illustrate an existing housing emergency as defined by Florida law. Second, the appeal court concluded that the ballot summary is misleading.
The conclusion of the decision reads as follows:
“For these reasons, the trial court erred in denying the Association’s motion for temporary injunction. We reverse and remand for its immediate issuance. We have considered the Supervisor of Elections’ arguments about his available options given this determination and the timing of its issuance. Based on the Florida Constitution’s admonition about the separation of powers, we decline to dictate precisely how the Supervisor of Elections should effectuate the relief imposed by the temporary injunction vis-à-vis the November 2022 election. We anticipate at a minimum, however, that the results of the ballot initiative will not be certified.”
So, with the election quickly approaching, the supervisor of elections will decide how to handle voter awareness regarding the invalid ballot measure, but at the very least, they will not be permitted to certify the results and the measure will not be enforceable.
While this is a compelling legal victory, the true benefits of the ruling are the avoidance of unintended consequences that would have had long-term negative impacts on Orange County. Had the rent control measure succeeded, it would have created a chilling effect on the local housing market and likely dissuaded many developers from building new units in the area, which is exactly what the county needs to help solve its affordable housing issues.
The new ordinance likely would have spurred other local governments around the state to consider rent control measures as well, leading to a cascade of local ordinances that would slow down Florida’s growth and drive away new businesses and residents alike.
Hopefully, with the legality of this rent control ordinance now behind us, Orange County can pursue longer term solutions aimed at increasing affordable housing inventory and utilizing available federal and state funds to provide short-term relief to renters.
These, and many other topics can be found on Florida Realtors® website. Also, you can always reach out to us at publicpolicy@floridarealtors.org with any questions you may have.
Sincerely,
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Andy Gonzalez
Vice President of Public Policy
Florida Realtors®
