Daniel Elden Nordby

Daniel Nordby is an experienced litigator whose practice focuses on high-profile, high stakes matters of law and public policy, particularly in the areas of election law, constitutional law, and Florida administrative law. Daniel has represented clients on a variety of matters involving amendments and proposed amendments to Florida’s Constitution.

Daniel also has extensive experience in the public sector, having served as General Counsel to the Florida House of Representatives, General Counsel to Florida’s Secretary of State, and—since 2012—as a gubernatorial appointee on the Florida Supreme Court Judicial Nominating Commission. Since joining Shutts & Bowen in 2014, he has represented business and governmental clients on a wide range of regulatory matters including competitive procurements and bid protests; rulemaking and rule challenge proceedings; appellate proceedings; and original actions before the Florida Supreme Court. Daniel is a Past Chair of the Florida Bar’s Administrative Law Section and has served on the Section’s Executive Council for more than a decade.

Daniel maintains an active election law practice. He currently serves as outside General Counsel to the Republican Party of Florida and provides campaign finance counsel to candidates and other organizations engaging in political advocacy. Daniel also represents candidates and officeholders in proceedings before the courts, the Florida Elections Commission, and the Florida Commission on Ethics. His election-related litigation has resulted in more than two dozen reported decisions from trial and appellate courts.

Daniel is also involved with several non-profit and community groups. He was selected to the Inaugural Class of Leaders Fellows by the James Madison Institute and currently serves on the Institute’s Tallahassee Board of Advisors. Daniel is on the Steering Committee of the Tallahassee Lawyers Chapter of the Federalist Society for Law and Public Policy Studies and is a Past President of the Chapter. He is a graduate of Leadership Florida’s Connect Florida Statewide Leadership Institute, a member of the American Enterprise Institute’s Leadership Network, a Barrister Member of the First District Appellate American Inn of Court, and a member of St. Peter’s Anglican Church in Tallahassee.

Daniel is a “triple-Gator” with three degrees from the University of Florida: a J.D., a B.S. in Microbiology and Cell Science, and a B.A. in Classical Studies. He has been recognized as a Florida Super Lawyers “Rising Star” and has been named to the roster of Florida Legal Elite by Florida Trend magazine. Daniel speaks regularly to legal, political, and business groups on the topics of governmental ethics, campaign finance, election law, and various aspects of the Florida Administrative Procedure Act.

Daniel’s litigation and appellate experience includes:

• Representing Florida’s Governor before Florida Supreme Court in extraordinary writ action involving judicial appointment authority. Lerman Scott, — So. 3d —, 2016 WL 3127708 (Fla. Jun. 3, 2016)
• Defending Florida House of Representatives and its Speaker in emergency mandamus action before Florida Supreme Court. Joyner v. Florida House of Representatives, 163 So. 3d 503 (Fla. 2015).
• Defending Governor, Attorney General, Chief Financial Officer, and Commissioner of Agriculture in their capacity as head of Department of Law Enforcement in Sunshine Law action and securing settlement on favorable terms. Weidner v. Scott et al., Case No. 2015-CA-283 (Fla. Cir. Ct. Jul. 28, 2015).
• Representing Florida’s Secretary of State in successful defense of federal constitutional challenge to Florida Constitution’s redistricting amendments. Brown v. Secretary of State of Florida, 668 F.3d 1271 (11th Cir. 2012).
• Prevailing in federal district court case concluding that Florida legislators have privilege against compelled testimony on matters at core of legislative functions. Florida v. United States, 886 F. 1301 (N.D. Fla. 2012).
• Representing Florida’s Secretary of State in defense of ballot summary challenge to proposed constitutional amendment to repeal Blaine Amendment. Shapiro v. Browning, Case No. 2011-CA-1892 (Fla. Cir. Ct. Dec. 13, 2011).
• Successfully representing state agency before administrative law judge and First District Court of Appeal in bid protest challenging award of $700MM contract to manage state’s telecommunications infrastructure data network. AT &T Corp. v. Department of Management Services, 201 So. 3d 852 (Fla. 1st DCA 2016).
• Representing Florida’s Secretary of State in defense of constitutional challenges to closed primary law, campaign finance registration and reporting requirements, judicial candidate qualifying fees, candidate qualifying restrictions, and campaign matching funds. Telli v. Snipes, 98 So. 3d 1284 (Fla. 4th DCA 2012); Lacasa v. Townsley, 883 F. 1231 (S.D. Fla. 2012); Worley v. Florida Secretary of State, 717 F.3d 1238 (11th Cir. 2013); National Organization for Marriage v. Florida Secretary of State, 447 . 584 (11th Cir. 2012); Bray v. Detzner, 99 So. 3d 1290 (Fla. 1st DCA 2012); Argenziano v. Detzner, Case No. 2011-CA-3484 (Fla. Cir. Ct. Mar. 26, 2012); Scott v. Roberts, 612 F.3d 1279 (11th Cir. 2010).
• Obtaining appellate reversal of six-figure attorney’s fee award against state agency in public records case. Department of Economic Opportunity v. Consumer Rights, LLC, 181 So. 3d 1239 (Fla. 1st DCA 2015).
• Representing state agencies in rule challenge proceedings before the Division of Administrative Hearings in cases addressing performance pay for educators and Medicaid reimbursement to hospitals. Florida Education Association v. Department of Education, DOAH Case No. 06-3317RU (DOAH May 1, 2007); Bayfront Medical Center et al. v. Agency for Health Care Administration, DOAH Case No. 14-5758RU (DOAH Apr. 20, 2015), affirmed 192 So. 3d 472 (Fla. 1st DCA 2016).
• Successfully defending state agency’s classification of drivers using Uber ridesharing app as independent contractors for purposes of reemployment assistance. McGillis v. Department of Economic Opportunity, — So. 3d —, 2017 WL 438423 (Fla. 3d DCA Feb. 1, 2017).
• Submitting amicus briefs before the Florida Supreme Court and appellate courts in cases involving redistricting, judicial appointments, the constitutionality of Florida’s blind trust statute, constitutional challenges to Florida’s Worker’s Compensation Act, the authority of the Legislative Budget Commission, and proposed constitutional amendments on marijuana and solar energy. In re Senate Joint Resolution of Legislative Apportionment 2-B, 89 So. 3d 872 (Fla. 2012); Apthorp v. Detzner, Case. No. SC14-924 (Fla. May 21, 2014); Westphal v. City of St. Petersburg, 122 So. 3d 440 (Fla. 1st DCA 2013); Crews v. Florida Public Employers Council 79, AFSCME, 113 So. 3d 1063 (Fla. 1st DCA 2013); In re Advisory Opinion to Attorney General re Use of Marijuana for Certain Medical Conditions, 132 So. 3d 786 (Fla. 2014); Advisory Opinion to Attorney General re Rights of Electricity Consumers regarding Solar Choice, 188 So. 3d 822 (Fla. 2016).