Orange Circuit judge rules on election supervisor Glen Gilzean has made a “sufficient prima facie claim” in its lawsuit against the county to get its December budget payment — but time is also running out.

Orange County Government and Comptroller Phil Diamond — defendants in Gilzean’s civil lawsuit — have 20 days to explain why Gilzean should not receive his money after Gilzean serves them with his amended motion, judge Luis Calderon wrote In his 2-page court order Thursday.

The legal dispute unfolds during Gilzean’s final weeks on the job.

New electoral superior Karen Castor Lace takes oath on January 7.

Diamond, Gilzean and Orange County had no comment Thursday evening.

Led by Orange County Mayor Jerry Demingsseveral officials expressed concerns about Gilzean spending $5 million on initiatives not directly related to the election, including $2.1 million for Valencia College scholarships. Gilzean, appointed to serve a partial term by the governor. Ron DeSantisclaimed he had control over how to spend his budget surplus.

Gilzean filed a lawsuit after the Orange County Commission voted on December 3 to withhold payments from Gilzean’s regular budget amid his spending controversy. Orange County has already spent $9.6 million of Gilzean’s $19 million budget — nearly half — for this fiscal year that began Oct. 1.

“Not only will Orange County and the Comptroller’s withholding of funds previously allocated to the Supervisor result in delayed payments to hard-working government employees and contractors – in the middle of the holiday season – but it will also violate the law of Florida and potentially subject the supervisor to litigation,” Gilzean said in his lawsuit.

This weeksaid Diamond Gilzean wrote 224 checks for $4.3 million last weekend alonenearly emptying his bank account after the county voted to stop giving money. Gilzean defended his payments and said they were linked to the November 5 general election.

The Orlando Sentinel reported that Gilzean’s 50 employees were paid this week, after all, since Gilzean had warned them that their salaries were in danger.

Next up for the Orange County Commission is Tuesday’s meeting, where officials will likely discuss Gilzean for the third time since the spending scandal surfaced last month.

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