Winn-Dixie Stores, Inc. v. Ferris, WINN-DIXIE

• Decision Date: 23 December 1981
• Docket Number: No. 81-1480,WINN-DIXIE,81-1480
• Citation: 408 So.2d 650
• Parties: STORES, INC., Petitioner, v. The Honorable John G. FERRIS, as Circuit Judge for the Seventeenth JudicialCircuit, Broward County, Florida, Respondent.
• Court: Florida District Court of Appeals

Page 650

408 So.2d 650

WINN-DIXIE STORES, INC., Petitioner, v. The Honorable John G. FERRIS, as Circuit Judge for the Seventeenth JudicialCircuit, Broward County, Florida, Respondent.

No. 81-1480.

District Court of Appeal of Florida, Fourth District.

Dec. 23, 1981.

Rehearing Denied Jan. 29, 1982.

Mercer K. Clarke of Smathers & Thompson, Miami, for petitioner.

Harry A. Stewart, Gen. Counsel, and John Franklin Wade, Asst. Gen. Counsel for Broward County, Fort Lauderdale, for respondent.

BERANEK, Judge.

This is a petition for writ of prohibition. Petitioner, Winn-Dixie Stores, Inc., urges that the Circuit Court lacked jurisdiction to entertain a "Petition for Enforcement" filed by the Broward County Board of County Commissioners on behalf of the Human Rights Board of Broward County. We conclude the court below did not have jurisdiction and grant the writ.

In 1978, the Board of County Commissioners of Broward County enacted Ordinance No. 78-29 entitled "Broward County Human Rights Ordinance." This ordinance established certain standards regarding discrimination and created the Human Rights Board as a County Agency. The purpose of the Board was to consider complaints regarding discrimination in general. This case involves alleged racial discrimination in employment practices by petitioner, Winn-Dixie Stores, Inc. The ordinance established procedures for investigation and hearings on employee discrimination grievances and empowered the Board to impose sanctions upon a party found guilty of discrimination. Section 507 of the ordinance provides that, "(i)f the respondent does not accept to be bound by the order, then the Board may seek enforcement through a de novo judicial proceeding in the Circuit Court." ¹

Pursuant to this County Ordinance, Mr. Charles Paige, a resident of Broward County, filed a complaint with the Human Rights Board claiming Winn-Dixie discriminated against him as an employee. The Board eventually entered an order finding that Winn-Dixie had engaged in discriminatory practices. An order was entered requiring that Mr. Paige be reinstated with back pay, that the unlawful discriminatory practices cease, and that Winn-Dixie file a written report detailing its compliance with the order and pay attorneys' fees. ² No affirmative steps were taken in compliance with the order of the Human Rights Board and, on January 13, 1981, the Broward County Board of County Commissioners filed a proceeding in Circuit Court entitled "Petition for Enforcement." This petition attached a copy of the order of the Human Rights Board and sought an order from the Circuit Court enforcing the Board's order. The defendant, Winn-Dixie Stores, Inc., filed various motions attacking the jurisdiction of the circuit court over the subject matter of the litigation. These motions were denied and the defendant was ordered to respond to the Petition. The Petition for Enforcement was clearly not in the nature of a de novo proceeding.

Certain facts are agreed upon by the parties. On the same day Mr. Paige filed his complaint with the Broward County Human Rights Board, he also filed a complaint with the Federal Equal Employment Opportunity Commission (EEOC) asserting the same acts of discrimination as were made to the Human Rights Board. The EEOC made an investigation and determined that there was no reasonable cause to believe that the allegations of discrimination were true. The EEOC issued a Notice of Right to Sue and on April 8, 1981, Mr. Paige, represented by counsel, filed a complaint in the United States District Court against Winn-Dixie and others alleging discrimination under Title VII of the Federal Civil Rights Act of 1964. This action is still being prosecuted and remains pending in the Federal District Court. The relief sought by Broward County on Mr. Paige's behalf in the action in the State Circuit Court and the relief sought by Mr. Paige in his Federal Title VII suit are substantially the same. ³

The parties also agree that Mr. Paige did not make a complaint of discrimination to the State of Florida Commission on Human Relations created under Section 23.163, Florida Statutes (1979), nor has he filed an action in circuit court pursuant to Section 23.167(12), Florida Statutes (1979).

Petitioner contends the Circuit Court lacks subject matter jurisdiction over the controversy and that the motions to dismiss based upon this ground should have been granted. We agree. The County seeks to have the Circuit Court confirm and enforce an order entered by the County Human Rights Board. The County ordinance which creates the Board also purports to create jurisdiction in the Circuit Court to enforce the orders of the Board. Article V, Section 5(b) of the Florida Constitution provides that Circuit Courts shall have original jurisdiction not vested in the County Courts. Article V, Section 20, provides that the Legislature may make such changes in the jurisdiction of the Circuit Court as would not be inconsistent with Sections 1 through 19 of the Article. Section 26.012, Florida Statutes (Supp.1980) defines the jurisdiction of the Circuit Courts to be exactly as that set forth in Article V, Sections 5 and 20 of the Constitution.

Basically, the Circuit Courts of Florida do not have jurisdiction to enforce municipal or county ordinances. Article V, Section 6(b) provides that County Courts shall have uniform jurisdiction throughout the State and that such jurisdiction shall be as prescribed by general law....