Florida legal expert and Orlando civil litigator David Diaz from the Rivas Law Firm has weighed in on the contentious legal dispute between Orange County Mayor Jerry Demings and Supervisor of Elections Glen Gilzean regarding $4 million in leftover election funds. The controversy has sparked significant debate about the proper use of public funds and electoral office authority in Central Florida.

Background of the Dispute

At the center of this controversy is Gilzean’s decision to allocate $2.1 million to Valencia College scholarships and $1.9 million to Career Source Central Florida from surplus election funds. The Valencia scholarship program, originally self-titled but later renamed “Orange County Promise of the Future,” targets students from Jones and Evans High Schools, areas designated as “voting deserts” due to historically low voter turnout and civic engagement.

The Career Source agreement covers program costs including participant training, certification fees, and job placement support for qualifying Orange County residents, with the stated goal of incorporating voter registration into workforce projects. This initiative aims to increase civic engagement while providing educational opportunities for underserved communities in the region.

Legal Analysis from Orlando Civil Litigator

Speaking to Orlando Spectrum News 13, Orlando civil litigator Diaz explained that while Gilzean’s initiative appears well-intentioned, it likely exceeds his authority as Supervisor of Elections. According to Florida statutes, surplus funds should be returned to the county rather than reallocated to new programs, regardless of their potential community benefits or social impact goals.

“I don’t believe that’s anything criminal here because that would require some sort of malicious intent,” Diaz stated. “However, I do think that it’s a civil lawsuit and a breach of the fiduciary duty that the supervisor of election has towards the taxpaying public.” The Florida legal expert emphasized that proper procedures must be followed when handling public funds, even when initiatives seem beneficial.

Potential Legal Outcomes

The dispute raises several key legal considerations that Florida legal experts are closely monitoring:

• Criminal charges are unlikely given the lack of malicious intent
• Civil litigation remains a strong possibility based on statutory requirements
• The case centers on proper use and allocation of public funds
• Florida statutes specify clear procedures for handling surplus funds
• The breach of fiduciary duty could form the basis of legal action
• Taxpayer interests must be protected in fund allocation decisions
• Precedent-setting implications for future surplus fund handling statewide

Moving Forward

Mayor Demings has instructed county attorneys to explore legal options, emphasizing the need to prevent similar situations in the future. “We do not fund the supervisor of elections office to enter into agreements to provide scholarships,” Demings stated, adding that the supervisor must stay within their budget scope and follow established protocols for surplus funds, regardless of intended community benefit.

Gilzean maintains his position, arguing he inherited the budget and aims to invest it back into the community through programs promoting civic engagement. The scholarship program requires recipients to volunteer at polling places and pre-register to vote, which he argues aligns with the office’s mission to increase voter participation and community involvement in the electoral process.

Expert Legal Guidance

While the supervisor’s office has declined to comment on potential litigation, legal experts, including Diaz, suggest the possibility of an amicable resolution through negotiation between the parties’ attorneys. The outcome of this case could set important precedents for how surplus funds are handled by elected officials throughout Florida, potentially influencing future public fund allocation practices and the scope of authority for constitutional officers across multiple jurisdictions.

For legal consultation on civil litigation or public fund allocation matters in Central Florida, contact an experienced attorney at the Rivas Law Firm by calling 407-644-2466.