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SHULMISTER v. CITY OF POMPANO BEACH

No. 4D00-3742.

798 So.2d 799 (2001)

M. Ross SHULMISTER, as Chairman of, and on behalf of the Mayor-at-Large Initiative Committee, Appellant, v. CITY OF POMPANO BEACH, a Florida municipality, and Miriam Oliphant, as Broward County Supervisor of Elections, and Reuben Glickman, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 28, 2001.

Attorney(s) appearing for the Case

M. Ross Shulmister of Law Offices of M. Ross Shulmister, Pompano Beach, pro se.

Charles L. Curtis of Doumar, Allsworth, Curtis, Cross, Laystrom, Perloff, Voight, Wachs & Maclver, Fort Lauderdale, for appellee-City of Pompano Beach.

Samuel S. Goren and Michael D. Cirullo, Jr. of Josias, Goren, Cherof, Doody & Ezrol, P.A., Fort Lauderdale, for appellee-Miriam Oliphant.

WARNER, J.

The issue presented in this appeal is whether a governing body of a municipality has the responsibility to prepare a proper ballot summary for placing a charter amendment proposed by petition of the registered voters on the ballot. We hold that because section 166.031(1), Florida Statutes (2000), requires the governing body to place the proposed amendment on the ballot, it is that body's responsibility to provide a ballot summary in compliance with section...

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