Florida Statutes
Fla. Stat. § 97.029 (2025)
Civil actions challenging the validity of election laws.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2025–2025 · leading case: Michael Polelle v. Florida Sec'y of State, 131 F.4th 1201 (11th Cir. 2025).
Michael Polelle v. Florida Sec'y of State, 131 F.4th 1201 (11th Cir. 2025). “Fla. Stat. § 97.029 (3). USCA11 Case: 22-14031 Document: 54-1 Date Filed: 03/11/2025 Page: 49 of 112 22-14031 Opinion of the Court 49 Still, we share the Partial Dissent’s concern that “‘[t]he func- tional structure embodied in the Constitution, the nature of the federal court…”
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