Arrestable Offenses / Crimes under Fla. Stat. 103.121
CopyCited 104 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 15734
...ntiff later. 2 . Wymbs’ complaint did not allege that the State Executive Committee was an entity capable of being sued. The Florida statute outlining “Powers and duties of executive committees” does not speak to the matter. See Fla.Stat. Ann. § 103.121 (1982)....
CopyCited 52 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 15041, 1998 WL 374949
...Michael Moore, Judge
Before ANDERSON, CARNES and MARCUS, Circuit Judges.
MARCUS, Circuit Judge:
This appeal arises out of plaintiff-appellants Socialist Workers Party ("SWP") and the
Florida Green Party's ("FGP") challenge to the constitutionality of Section 103.121(3), Fla....
...Plaintiff-Appellants SWP and FGP are registered minor political parties in the state of
Florida. The relevant facts begin when, on April 21, 1992, then Director of the Division of Elections
Dorothy Joyce sent plaintiff-appellants a letter stating, in relevant part:
... Section 103.121(3) Florida Statutes, provides that the chairman and treasurer of an
executive committee of any political party must provide adequate bond, not less than
$10,000 to be filed with the Department of State.
1
Sect...
...on
or bylaws. It shall be the duty of the minor political party to notify the
department of any changes in the filing certificate within 5 days of such changes.
Upon reviewing the statute, SWP and FGP became aware that Section 103.121(3)2 additionally
requires the chair and treasurer of each of its county executive committees to file a bond of at least
$5,000 with the county supervisors of elections....
...from the Secretary of State concerning whether SWP and FGP could obtain a waiver of the bonding
requirement.3 On behalf of Jim Smith, then the Secretary of State, Assistant General Counsel
Michael T. Cochran responded,
...
2
In pertinent part, Section 103.121(3) provides,
......
...al party to obtain a waiver of
the signature charge under similar conditions. The Secretary of State replied that he could not
waive the fee requirement, and plaintiff-appellants originally challenged the constitutionality of
this statute as well as Section 103.121(3)....
...authority to waive the bonding requirement....
....
Upon receiving the Secretary of State's advisory opinion, SWP and FGP filed this lawsuit against
the Secretary of State and the sixty-seven county supervisors of elections, alleging that Section
103.121(3) violates the First and Fourteenth Amendments of the United States Constitution.
Plaintiff-appellants initially sought a temporary restraining order ("TRO") and preliminary
injunction barring application of the statute against them....
...Supervisor of Elections for Dade County, as the defendant class representative. The parties engaged
in discovery. In the course of her deposition, Joyce testified on behalf of the Secretary of State that
the Secretary of State had no authority to enforce the bonding requirements of Section 103.121(3)
and that the Secretary did not intend to apply the statute....
...submitted evidence of complying with the bonding requirement, a letter by certified mail that stated:
A review of our records reflects that a copy of the $10,000 bond has not been filed with this
office. This bond is required by law pursuant to section 103.121(3), Florida Statutes.
Failure to file a copy of the bond will result in removal of your minor party status with this
state.
(emphasis added)....
...on the two Secretaries' actions in this matter, as well as Sections
97.012 and
15.13, Fla. Stat., we
assume without deciding that the Secretary of State has the power to revoke a group's minor party
status if that minor party refuses to comply with the bonding requirements of Section
103.121(3),
Fla....
...that she will not or cannot enforce the statute without determining whether the Secretary does, in
fact, have the power to enforce the statute. Because the district court opinion does not hold that
the Secretary does not have the authority to enforce Section 103.121(3), it cannot bind future
Secretaries of State from applying Section 103.121(3).
Secretary of State also attempted to apply the bonding requirement to plaintiff-appellants, SWP and
FGP have plainly satisfied the injury requirement.
There can also be no doubt that the required nexus between the chall...
...status with the state of
Florida, stems directly from the challenged conduct, the Secretary of State's attempted enforcement
of the bonding requirement. Indeed, revocation of minor party status is the threatened penalty for
failing to comply with Section 103.121(3)....
...Because the plaintiff's desired actions fell outside the
parameters of the statute at issue in Graham, we found the case to be moot. In the case at hand,
however, plaintiff-appellants' desired conduct, non-payment of the bonds, falls squarely within the
bounds of Section 103.121(3). Indeed, it is impossible to conceive of how a party that refuses to pay
the bonds required by Section 103.121(3) could possibly be in compliance with the terms of that
statute....
...ision
at issue. Shell Oil Co. v. Noel,
608 F.2d 208, 211 (1st Cir.1979); see also ACLU,
999 F.2d at 1490.
We have reviewed Florida's election laws to determine by what, if any, authority the sixty-seven
county supervisors of elections may enforce Section
103.121(3). Our search has yielded no such
source of power. Nor, despite our inquiries, have the parties directed us to any authority that
purports to endow the supervisors of elections with the power to enforce Section
103.121(3).
Indeed, counsel for plaintiff-appellants conceded at oral argument that the supervisors of elections
have no authority to enforce Section
103.121(3)....
...We also note that the record reflects no instances
where any of the supervisors of elections attempted to enforce the bonding requirement. Finally,
we are aware that David Leahy, class representative of the supervisors of elections, has stated in his
affidavit that he has no intention even to attempt to enforce Section 103.121(3)....
...On this record, we conclude that the district court properly granted the supervisors of
elections' motion for summary judgment, but erred in entering summary judgment for the Secretary
of State. In view of their apparent authority to enforce Section 103.121(3), Fla....
CopyCited 43 times | Published | Court of Appeals for the Eleventh Circuit
...Before ANDERSON, CARNES and MARCUS, Circuit Judges.
MARCUS, Circuit Judge:
This appeal arises out of plaintiff-appellants Socialist Workers Party (“SWP”) and the
Florida Green Party’s (“FGP”) challenge to the constitutionality of Section 103.121(3), Fla.
Stat., a provision of Florida’s election laws that requires the chairs and treasurers of political
parties in Florida to file certain bonds....
...gistered minor political parties in the state
of Florida. The relevant facts begin when, on April 21, 1992, then Director of the Division
of Elections Dorothy Joyce sent plaintiff-appellants a letter stating, in relevant part:
. . . Section 103.121(3) Florida Statutes, provides that the
chairman and treasurer of an executive committee of any
political party must provide adequate bond, not less than
$10,000 to be filed with the Department of State.
Upon reviewing the statute, SWP and FGP became aware that Section 103.121(3)2
registered as members 5 percent of the total registered electors
of the state....
...constitution or bylaws. It shall be the duty of the minor political
party to notify the department of any changes in the filing
certificate within 5 days of such changes.
2
In pertinent part, Section 103.121(3) provides,
....
...al
party to obtain a waiver of the signature charge under similar conditions. The Secretary of
State replied that he could not waive the fee requirement, and plaintiff-appellants originally
challenged the constitutionality of this statute as well as Section 103.121(3)....
...4
....
Upon receiving the Secretary of State’s advisory opinion, SWP and FGP filed this lawsuit
against the Secretary of State and the sixty-seven county supervisors of elections, alleging
that Section 103.121(3) violates the First and Fourteenth Amendments of the United States
Constitution.
Plaintiff-appellants initially sought a temporary restraining order (“TRO”) and
preliminary injunction barring application of the statute against them....
...nty, as the defendant class representative.
The parties engaged in discovery. In the course of her deposition, Joyce testified on behalf
of the Secretary of State that the Secretary of State had no authority to enforce the bonding
requirements of Section 103.121(3) and that the Secretary did not intend to apply the statute.
Based on this evidence, as well as the fact that, in the district court’s view, the Secretary of
State had not attempted to enforce the bonding requirement against SWP...
...onding requirement, a letter
by certified mail that stated:
A review of our records reflects that a copy of the $10,000 bond
has not been filed with this office. This bond is required by law
pursuant to section 103.121(3), Florida Statutes....
...actions in this matter, as well as Sections
97.012 and
15.13, Fla. Stat., we assume without
deciding that the Secretary of State has the power to revoke a group’s minor party status if
that minor party refuses to comply with the bonding requirements of Section
103.121(3), Fla.
Stat.
Should a Secretary of State decide to enforce the bonding statute against a non-
complying organization, plainly serious consequences, both immediate and concrete, may
result....
...Secretary’s representation that she will not or cannot enforce the statute without determining
whether the Secretary does, in fact, have the power to enforce the statute. Because the district
court opinion does not hold that the Secretary does not have the authority to enforce Section
103.121(3), it cannot bind future Secretaries of State from applying Section 103.121(3).
13
independent candidates may appear on the ballot....
...atus with
the state of Florida, stems directly from the challenged conduct, the Secretary of State’s
attempted enforcement of the bonding requirement. Indeed, revocation of minor party status
is the threatened penalty for failing to comply with Section 103.121(3)....
...Because the plaintiff’s
15
desired actions fell outside the parameters of the statute at issue in Graham, we found the
case to be moot. In the case at hand, however, plaintiff-appellants’ desired conduct, non-
payment of the bonds, falls squarely within the bounds of Section 103.121(3). Indeed, it is
impossible to conceive of how a party that refuses to pay the bonds required by Section
103.121(3) could possibly be in compliance with the terms of that statute....
...enforcement of the provision at issue. Shell Oil Co. v. Noel,
608 F.2d 208, 211 (1st Cir.
1979); see also ACLU,
999 F.2d at 1490. We have reviewed Florida’s election laws to
determine by what, if any, authority the sixty-seven county supervisors of elections may
enforce Section
103.121(3). Our search has yielded no such source of power. Nor, despite
our inquiries, have the parties directed us to any authority that purports to endow the
supervisors of elections with the power to enforce Section
103.121(3). Indeed, counsel for
plaintiff-appellants conceded at oral argument that the supervisors of elections have no
authority to enforce Section
103.121(3)....
...bonding requirement.
17
Finally, we are aware that David Leahy, class representative of the supervisors of elections,
has stated in his affidavit that he has no intention even to attempt to enforce Section
103.121(3)....
...On this record, we conclude that the district court properly granted the supervisors of
elections’ motion for summary judgment, but erred in entering summary judgment for the
Secretary of State. In view of their apparent authority to enforce Section 103.121(3), Fla.
Stat., and the pronounced efforts by two different Secretaries of State to apply the bonding
requirements to plaintiff-appellants, the justiciability requirements of Article III have been
satisfied....
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 23897, 1998 WL 654389
...he person qualifies,
and any party assessment levied, and shall attach the original or signed duplicate
of the receipt for his or her party assessment or pay the same, in accordance with
the provisions of § 103.121, at the time of filing his or her other qualifying
papers....
CopyCited 12 times | Published | District Court, S.D. Florida | 1997 U.S. Dist. LEXIS 3602, 1997 WL 144958
...[4] Given these facts, there is no basis for relief from judgment. The evidence before this Court remains uncontroverted; there is no evidence that any "political party has ever been denied ballot access in this state because of said party failing to post a bond as required by Section 103.121, Florida Statutes." Affidavit of Dorothy W....
...B to Defendant Smith's Motion To Dismiss Or Alternatively, Motion For Summary Judgment (D.E. 54); see Affidavit of Ethel Baxter, ¶¶ 3-7 (D.E. 99). Defendant Leahy, County Supervisor of Elections, has never *1265 enforced nor threatened to enforced Fl. Stat. 103.121(3) and has no intention of enforcing it or threatening to enforce it in the future....
...11 sanctions against plaintiffs' counsel is DENIED. NOTES [1] The June 20, 1996 letter (D.E. 128) stated: A review of our records reflects that a copy of the $10,000 bond has not been filed with this office. This bond is required by law pursuant to Section 103.121(3), Florida Statutes....
CopyCited 12 times | Published | Supreme Court of Florida | 1952 Fla. LEXIS 1027
...The members of such committees are required to be elected in primary elections, beginning with the year 1942, and every four years thereafter. Such a committee is empowered "to do anything that is considered by custom and practice as proper for party committees". See Subsection 7 of Section 103.121, F.S.A....
...Unless controlled or regulated by Statutes, the selection or election of such officers is a party matter. With reference to the Republican Party in this state and the manner or method of selecting, or electing, such party officers, Subsection 7 of
103.101 and Subsection 7 of
103.121 are controlling....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
...1998).5 This petitioning alternative required 4,077
and any party assessment levied, and shall attach the original or signed duplicate
of the receipt for his or her party assessment or pay the same, in accordance with
the provisions of § 103.121, at the time of filing his or her other qualifying
papers....
CopyPublished | Supreme Court of Florida | 1953 Fla. LEXIS 1774
MATHEWS, Justice. This suit involves a dispute between two factions of the Republican Party in Dade •County, Florida, and rights asserted under Chapter 103 F.S., F.S.A., and particularly Sections 103.111 and 103.121 F.S., F.S.A....
...e. In this case the amended bill of complaint alleged that the Dade County Republican Executive Committee was a political committee and formed pursuant to and was governed by the laws of the State of Floridá, and in particular, Sections 103.111 and 103.121 F.S., F.S.A., the same being part of the election code; that Brewer was duly elected and was tire acting and lawful Chairman of the Dade County Republican Executive Committee; that Section 103.111 F.S., F.S.A., provides for the office of Chairman and specifies the manner in which said Chairman shall be elected by the members of the Committee, and the manner in which a vacancy in said office of 'Chairman shall be filled. The bill then quotes from Section 103.121 F.S., F.S.A., and alleges that pursuant to said section the Dade County Republican Executive Committee, at a call meeting, adopted a constitution and by-laws by more than two-thirds vote to govern such Committee; that subsequent there...
...ercising any rights, prerogatives, duties, privileges, powers or functions, to be had or done by the Chairman or Vice-Chairman of the Republican Executive Committee. The rights claimed by Shelly and Brewer are rights created by Sections 103.-111 and 103.121 F.S., F.S.A., and the manner or method of electing a Chairman and Vice-Chairman of the Dade County Republican Executive Committee is regulated by law....
CopyPublished | District Court, S.D. Florida | 1996 U.S. Dist. LEXIS 7975, 1996 WL 316382
...andidates to appear on a ballot. The second statute at issue requires a minimum $10,000.00 fidelity bond to be furnished by the state chairperson and treasurer of a political party as well as a $5,000.00 bond at the county level. Fla.Stat. *1556 Ch. 103.121(3)....
...There is nothing in Florida’s election laws which suggests that enforcing the signature verification fee is a duty or even a power of the Secretary of State. Thus, an injunction preventing that official from such enforcement would be completely meaningless. 1 *1557 PERFORMANCE BOND Florida Statutes Section 103.121(3) purports to require the chairperson and treasurer of the state executive committee of any political party to ....
...A decision on whether to grant declaratory relief is committed to the sound discretion of the trial court. A.L. Mechling Barge Lines v. United States,
368 U.S. 324, 331 ,
82 S.Ct. 337, 342 ,
7 L.Ed.2d 317 (1961). Defendants have submitted uncontroverted evidence indicating that Fla.Stat.
103.121 has not been enforced with respect to any political party, much less the Plaintiffs presently before the Court....
...(Amended Declaration of Laura Garza at ¶ 14 (Docket no. 107), and Declaration of Allen Joseph (ex. 3 to Docket no. 81)). The Court therefore finds that insofar as there has been no evidence of the application or even threatened application of Fla.Stat. § 103.121(3), Plaintiffs have not demonstrated an actual “case or controversy” necessary to invoke the jurisdiction of the Court....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6868
...It is available to enforce a legal right that has already been clearly established, but not to establish a legal right. The complaining party must show that he has a clear legal right to the performance of the particular duty sought to be enforced. 3 F.S. § 103.121(1) (g) F.S.A., provides in part: “* * * The county executive committee shall have exclusive power to levy and receive payment of assessments upon candidates to be voted for in a single county * * F.S....
...provides in part: “A candidate for nomination for any office is required to pay to the officer with whom he qualified a filing fee and attach the original or signed duplicate of the receipt for his party assessment or pay the same, in accordance with the provisions of § 103.121, at the time of filing the sworn statement....
