Florida Statute 103.095 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 103
PRESIDENTIAL ELECTORS; POLITICAL PARTIES; EXECUTIVE COMMITTEES AND MEMBERS

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F.S. 103.095

103.095 Minor political parties.—

(1) Any group of citizens organized for the general purposes of electing to office qualified persons and determining public issues under the democratic processes of the United States may become a minor political party of this state by filing with the department a certificate showing the name of the organization, the names and addresses of its current officers, including the members of its executive committee, accompanied by a completed uniform statewide voter registration application as specified in s. 97.052 for each of its current officers and members of its executive committee which reflect their affiliation with the proposed minor political party, and a copy of its constitution, bylaws, and rules and regulations.

(2) Each elector registered to vote in the minor political party in which he or she has so designated has a fundamental right to fully and meaningfully participate in the business and affairs of the minor political party without any monetary encumbrance. The constitution, bylaws, rules, regulations, or other equivalent documents must reflect this fundamental right and must provide for and contain reasonable provisions that, at a minimum, prescribe procedures to: prescribe its membership; conduct its meetings according to generally accepted parliamentary practices; timely notify its members as to the time, date, and place of all of its meetings; timely publish notice on its public and functioning website as to the time, date, and place of all of its meetings; elect its officers; remove its officers; make party nominations when required by law; conduct campaigns for party nominees; raise and expend party funds; select delegates to its national convention, if applicable; select presidential electors, if applicable; and alter or amend all of its governing documents.

(3) The members of the executive committee must elect a chair, vice chair, secretary, and treasurer, all of whom shall be members of the minor political party, and no member may hold more than one office, except that one person may hold the offices of secretary and treasurer.

(4) Upon approval of the minor political party’s filing, the department shall process the voter registration applications submitted by the minor political party’s officers and members of its executive committee. It shall be the duty of the minor political party to notify the department of any changes in the filing certificate within 5 days after such changes.

(5) The Division of Elections shall adopt rules to prescribe the manner in which political parties, including minor political parties, may have their filings with the Department of State canceled. Such rules shall, at a minimum, provide for:

(a) Notice, which must contain the facts and conduct that warrant the intended action, including, but not limited to, the failure to have any voters registered in the party, the failure to notify the department of replacement officers, the failure to file campaign finance reports, the failure to adopt and file with the department all governing documents containing the provisions specified in subsection (2), and limited activity.

(b) Adequate opportunity to respond.

(c) Appeal of the decision to the Florida Elections Commission. Such appeals are exempt from the confidentiality provisions of s. 106.25.

(6) The requirements of this section are retroactive for any minor political party registered with the department on July 1, 2011, and must be complied with within 180 days after the department provides notice to the minor political party of the requirements contained in this section. Failure of the minor political party to comply with the requirements within 180 days after receipt of the notice shall automatically result in the cancellation of the minor political party’s registration.

History.—s. 46, ch. 2011-40.

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Amendments to 103.095

Arrestable Offenses / Crimes under Fla. Stat. 103.095

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 103.095.

Annotations, Discussions, Cases:

Cases Citing Statute 103.095

Total Results: 20

Walker v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-10-05

Citation: 202 So. 3d 106, 2016 Fla. App. LEXIS 14818

Snippet: CURIAM. Affirmed. See Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975); Santos v. State

Kephart v. Hadi

Court: Supreme Court of Florida | Date Filed: 2006-06-08

Citation: 932 So. 2d 1086, 2006 WL 1548026

Snippet: law of the State. See Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975); Fla. R.Crim. P

Crain v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-11-18

Citation: 914 So. 2d 1015, 2005 WL 3076606

Snippet: law of the State. See Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975); Fla. R.Crim. P

Golden v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-11-04

Citation: 913 So. 2d 744, 2005 WL 2899475

Snippet: probable cause, citing Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975).[6] The court explained

Parker v. State

Court: Supreme Court of Florida | Date Filed: 2003-03-27

Citation: 843 So. 2d 871, 2003 WL 1563567

Snippet: States Supreme Court in Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975), held that a probable

Dumlar v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-02-26

Citation: 808 So. 2d 272, 2002 Fla. App. LEXIS 2003, 2002 WL 265847

Snippet: posting a bond. In Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975), the court held

Tanguay v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-02-16

Citation: 782 So. 2d 419, 2001 WL 127740

Snippet: seizure, see, e.g., Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975), by detaining him

Blount v. Spears

Court: District Court of Appeal of Florida | Date Filed: 2000-06-14

Citation: 758 So. 2d 1287, 2000 Fla. App. LEXIS 7211, 2000 WL 763331

Snippet: probable cause, see Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975), and that, in the

Perkins v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-05-12

Citation: 734 So. 2d 480, 1999 Fla. App. LEXIS 6009, 1999 WL 309090

Snippet: The court relied on Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975), and Frisbie v

L.A. v. Carter

Court: District Court of Appeal of Florida | Date Filed: 1993-09-09

Citation: 623 So. 2d 1219, 1993 Fla. App. LEXIS 9201, 1993 WL 349956

Snippet: DCA1980); see also Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975); Moss v. Weaver

State v. Leyva

Court: District Court of Appeal of Florida | Date Filed: 1992-05-12

Citation: 599 So. 2d 691, 1992 WL 98268

Snippet: 3d DCA 1990); see Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975); Frisbie v. Collins

State v. Hartung

Court: District Court of Appeal of Florida | Date Filed: 1989-03-02

Citation: 543 So. 2d 236, 1989 WL 16647

Snippet: 2d 656 (Fla. 1975); Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975); and State v. Williams

Thomas v. State

Court: District Court of Appeal of Florida | Date Filed: 1986-09-03

Citation: 494 So. 2d 240, 11 Fla. L. Weekly 1909

Snippet: L.Ed.2d 537 (1980); Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975); Frisbie v. Collins

Kennedy v. Crawford

Court: District Court of Appeal of Florida | Date Filed: 1985-10-08

Citation: 479 So. 2d 758, 11 Fla. L. Weekly 492, 1985 Fla. App. LEXIS 6113

Snippet: adversary hearing. Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975). Florida Rule of

Wells v. State

Court: District Court of Appeal of Florida | Date Filed: 1982-08-03

Citation: 417 So. 2d 772, 1982 Fla. App. LEXIS 20752

Snippet: In Drope v. Missouri, 420 U.S. 162, 43 L.Ed.2d 103, 95 S.Ct. 896 (1975), the United States Supreme Court

Morgan v. State

Court: Supreme Court of Florida | Date Filed: 1982-03-18

Citation: 415 So. 2d 6

Snippet: and the cited case of Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975), had denied him

State v. Tillman

Court: District Court of Appeal of Florida | Date Filed: 1981-06-30

Citation: 402 So. 2d 19

Snippet: L.Ed.2d 537 (1980); Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975); Frisbie v. Collins

Aurora Enterprises, Inc. v. State, Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

Court: District Court of Appeal of Florida | Date Filed: 1981-03-24

Citation: 395 So. 2d 604, 1981 Fla. App. LEXIS 18984

Snippet: passage of time. See, Gernstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975). Thus, as we noted

Bell v. State

Court: District Court of Appeal of Florida | Date Filed: 1978-08-09

Citation: 361 So. 2d 818

Snippet: exceeds the dictates of Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975); that the relief

Owens v. City of Pensacola

Court: District Court of Appeal of Florida | Date Filed: 1978-03-15

Citation: 355 So. 2d 1266

Snippet: States, in the case of Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975), stated: `The standard