Legal Opinion

Florida Elections Commission v. Davis

District Court of Appeal of Florida

Decided September 30, 2010No. 1D09-3716PublishedCited by 4 opinions

1Opinion of the CourtBenton, J.

On this appeal from an administrative law judge’s corrected final order, the Florida Elections Commission asks us to reverse, insofar as the order declines — citing a lack of statutory authority — to levy a civil penalty against a former candidate found guilty of five violations of the election code. We affirm.

Until the Legislature enacted chapter 2007-30, section 48, Laws of Florida, the Florida Elections Commission had the option under section 106.25(5), Florida Statutes (2006), of hearing matters itself, after probable cause was determined, or of referring them for formal hearing at the…

2Cases cited12 opinions

  1. Villery v. Florida Parole & Probation Com'nSupreme Court of Florida · 1981
  2. Forsythe v. Longboat Key Beach ErosionSupreme Court of Florida · 1992
  3. State ex rel. Greenberg v. Florida State Board of DentistryDistrict Court of Appeal of Florida · 1974
  4. PW Ventures, Inc. v. NicholsSupreme Court of Florida · 1988
  5. GTC, INC. v. EdgarSupreme Court of Florida · 2007

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Fernandez v. School Board of Miami-Dade CountyDistrict Court, S.D. Florida · 2016
  2. Florida Elections Commission v. BlairDistrict Court of Appeal of Florida · 2010
  3. Pesta v. Department of CorrectionsDistrict Court of Appeal of Florida · 2011
  4. Department of Transportation v. CSX Transportation, Inc.District Court of Appeal of Florida · 2013

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