ROGERS v. E. HOOD, Ed,
906 So. 2d 1220 (Fla. Dist. Ct. App. 2005)
. . . Appellants further sought a declaration that section 101.545, Florida Statutes (2003), governing retention . . . handling of unused or un-voted ballots is subject to legislative prerogative and, by enacting section 101.545 . . . the Legislature has made a determination as to how such items may be disposed by enactment of section 101.545 . . . election [is] subject to legislative prerogative and the legislature has determined through passage of ยง 101.545 . . . Because the unused ballots are not public records, section 101.545, affording discretion to the Secretary . . .