Florida Statute 97.029 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 97
QUALIFICATION AND REGISTRATION OF ELECTORS

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F.S. 97.029

97.029 Civil actions challenging the validity of election laws.—

(1) In a civil action challenging the validity of a provision of the Florida Election Code in which a state or county agency or officer is a party in state or federal court, the officer, agent, official, or attorney who represents or is acting on behalf of such agency or officer may not settle such action, consent to any condition, or agree to any order in connection therewith if the settlement, condition, or order nullifies, suspends, or is in conflict with any provision of the Florida Election Code, unless:

(a) At the time settlement negotiations have begun in earnest, written notification is given to the President of the Senate, the Speaker of the House of Representatives, and the Attorney General.

(b) Any proposed settlement, consent decree, or order that is proposed or received and would nullify, suspend, or conflict with any provision of the Florida Election Code is promptly reported in writing to the President of the Senate, the Speaker of the House of Representatives, and the Attorney General.

(c) At least 10 days before the date a settlement or presettlement agreement or order is to be made final, written notification is given to the President of the Senate, the Speaker of the House of Representatives, and the Attorney General.

(2) If any notification required by this section is precluded by federal law, federal regulation, court order, or court rule, the officer, agent, official, or attorney representing such agency or officer, or the Attorney General, shall challenge the constitutionality of such preclusion in the civil suit affected and give prompt notice thereof to the President of the Senate, the Speaker of the House of Representatives, and the Attorney General.

(3) If, after a court has entered an order or judgment that nullifies or suspends, or orders or justifies official action that is in conflict with, a provision of the Florida Election Code, the Legislature amends the general law to remove the invalidity or unenforceability, the officer, agent, official, or attorney who represents or is acting on behalf of the agency or officer bound by such order or judgment must promptly after such amendment of the general law move to dismiss or otherwise terminate any ongoing jurisdiction of such case.

History.—s. 1, ch. 2021-11.

F.S. 97.029 on Google Scholar

F.S. 97.029 on Casetext

Amendments to 97.029

Arrestable Offenses / Crimes under Fla. Stat. 97.029

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 97.029.

Annotations, Discussions, Cases:

Cases Citing Statute 97.029

Total Results: 3

Stombaugh v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-01-09

Citation: 704 So. 2d 723, 1998 WL 4108

Snippet: 942 (Fla. 3d DCA 1988). Further, in case number 97-29, the written probation order erroneously states

Mack v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-05-30

Citation: 694 So. 2d 130, 1997 Fla. App. LEXIS 5866, 1997 WL 282860

Snippet: PER CURIAM. In this Anders1 appeal we affirm the revocation of community control and the judgment and sentence without discussion. However, on remand the trial court is directed to enter an amended order revoking community control, stating the terms and conditions of community control that have been violated. Houston v. State, 688 So.2d 4 (Fla. 1st DCA 1997); Sanchez v. State, 675 So.2d 263 (Fla. 4th DCA 1996); Vezina v. State, 667 So.2d 294 (Fla. 1st DCA 1995); Jones v. State, 638 So.2d 126 (Fla

Steuart v. State Ex Rel. Dolcimascolo

Court: Supreme Court of Florida | Date Filed: 1935-04-23

Citation: 161 So. 378, 119 Fla. 117, 1935 Fla. LEXIS 943

Snippet: Twining v. State of New Jersey, 211 U.S. 78, 53 L.Ed. 97, 29 Sup. Ct. Rep. 14. The Constitution and statutes