Florida/Georgia Personal Injury & Workers Compensation

...lly exceed the expenditure limits and false report qualifying contributions. (Footnotes omitted). At the time the action for declaratory judgment was filed, the Act provided that proceeds from filing fees and assessments pursuant to sections 99.092, 99.093, 105.031, 106.04, 106.07, and 106.29 shall be deposited *154 into the Trust Fund as designated in those sections....

...Whether, after the termination of the Election Campaign Financing Trust Fund on November 4,1996, the Division of Elections and the Secretary of State may continue to collect filing fees or elections assessments designated to the trust fund under sections 99.092, 99.093,105.031, fines and penalties designated to the trust fund under sections 106.04(8)(a), 106.07(8)(a), and 106.265, Florida Statutes, or contributions made to the trust fund under sections 199.052(14), 320.02(13), 322.08(7)(a), 327.25(11), and 607.1622(1)(h), Florida Statutes....

...Finally, we reject the appellants' assertion that the 1997 Legislature, by amending the election laws to no longer require the collection of the portion of the candidate filing fees and elections assessments earmarked for the terminated Trust Fund, has now clearly spoken. The legislature amended sections 99.092, 99.093, 105.031, 106.04, 106.07, and 106.29 by deleting the provisions transferring amounts to the Trust Fund and by reducing the fee or assessment in some cases....

...etition or as a write-in candidate, shall pay a filing fee in the amount of 4.5 percent of the annual salary of the office, with 1.5 percent of the annual salary transferred to the Trust Fund and the remainder distributed pursuant to section 99.103. Section 99.093, Florida Statutes (1995), provided that each person seeking to qualify for election to a municipal office shall pay an election assessment equal to 1.5 percent of the annual salary of the office sought, and that one-third of the amount collected shall be transferred to the Trust Fund....

...ote. Although not clearly alleged in the complaint, the Plaintiff, in his response to the Defendants' motion and at oral argument, asserted an argument that the City of Tampa is preempted from enacting an ordinance imposing a filing fee by Fla.Stat. § 99.093, entitled "Municipal candidates; election assessment." In deciding a motion to dismiss, the district court is required to view the complaint in the light most favorable to the plaintiff....

...Standing The Court finds that the Plaintiff lacks standing to bring this action. The Plaintiff has suffered no adverse impact as a result of the ordinance as applied to him. [1] The Plaintiff establishes in his complaint that the qualifying fee imposed by Fla.Stat. § 99.093(1) was waived for him for an undue personal burden on personal resources pursuant to Fla.Stat. § 99.093(2), and the Plaintiff paid the qualifying fee imposed by § 8.03 of the Related Laws of the City of Tampa....

...entitled to have his or her name printed on any ballot; however, space for the write-in candidate’s name to be written in must be provided on the general election ballot.” Pedraza also argues that City of Miramar elections do not allow write- in candidates based on section 99.093, Florida Statutes (2024), because that section specifically addresses municipal candidates and makes no reference to write-in candidates....