CopyCited 670 times | Published | Court of Appeals for the Eleventh Circuit
...Esteva,
323 So.2d 259 (Fla. 1975). State courts have authority to review election challenges, whether brought by a candidate or party as a protest under Fla. Stat. §
102.166 , or brought by a candidate, qualified voter, or taxpayer as a contest under Fla. Stat. §
102.168 ....
...to set out grounds for a manual recount, and the county canvassing board can grant it. Fla. Stat. §
102.166 (4). An election contest, on the other hand, cannot be filed until after the last county canvassing board certifies results, see Fla. Stat. §
102.168 (2), and once it does, a presumption kicks in and weighs against granting any relief in the contest....
...170 Besides, there is the problem of time. Election contests cannot be instituted until "after midnight of the date the last county canvassing board empowered to canvass the returns certifies the results of the election being contested." Fla. Stat. § 102.168 (2)....
...Except in cases of outright fraud, bribery, or other corruption, or the ineligibility for office of the successful candidate, Florida law requires that anyone filing an election contest show that correction of the problem complained about would change the results of the election. See Fla. Stat. § 102.168 (3)(c) ("Receipt of a number of illegal votes or rejection of a number of legal votes sufficient to change or place in doubt the result of the election.") & (3)(e) ("Any other cause or allegation which, if sustained, would show that a pers...
CopyCited 36 times | Published | Supreme Court of Florida | 2000 WL 1804707
...unt under section
102.166. However, in this case involving a presidential election, the decision as to when amended returns can be excluded from the statewide certification must necessarily be considered in conjunction with the contest provisions of section
102.168 and the deadlines set forth in 3 U.S.C....
...cise of the Department's discretion to ignore amended returns is limited to those instances where failure to ignore the amended returns will: (1) preclude a candidate, elector, or taxpayer from contesting the certification of an election pursuant to section 102.168; [20] or (2) in the case of a federal election, will result in Florida voters not participating fully in the federal electoral process, as provided in 3 U.S.C....
...tion to *1290 ignore amended returns after November 18, 2000, is limited to those instances where failure to ignore the amended returns will: (1) preclude a candidate, elector, or taxpayer from contesting the certification of an election pursuant to section 102.168; or (2) in the case of a federal election, result in Florida voters not participating fully in the federal electoral process, as provided in 3 U.S.C....
...this rule, i.e., the ten day extension provision for the presidential preference primary and the general election, and the provision for voting for the second primary. [20] In this case, the parties conceded that the contest provisions contained in section 102.168 apply to presidential elections....
...Neither candidate requested such an opportunity. [22] We add that we did not extend the deadline for completion of the manual recounts but made clear only that the date for certification must be set within a reasonable time to allow for the election contest provisions of section 102.168. As always, it is necessary to read all provisions of the elections code in pari materia. In this case, that comprehensive reading required that there be time for an elections contest pursuant to section 102.168, which all parties had agreed was a necessary component of the statutory scheme and to accommodate the outside deadline set forth in 3 U.S.C....
CopyCited 13 times | Published | Supreme Court of Florida | 1998 WL 120219
...To the contrary, if a court finds substantial noncompliance with statutory election procedures and also makes a factual determination that reasonable doubt exists as to whether a certified election expressed the will of the voters, then the court in an election contest brought pursuant to section 102.168, Florida Statutes (1997), is to void the contested election even in the absence of fraud or intentional wrongdoing....
...We do disapprove from the final judgment the statement: "I do not have jurisdiction to set aside this election." The trial court clearly had jurisdiction to consider and decide the issue presented by appellant's complaint in this election contest pursuant to sections
102.166(11) and
102.168, Florida Statutes (1995)....
CopyCited 13 times | Published | Supreme Court of Florida | 2000 WL 1800752
...votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned. (Emphasis supplied.) This case today is controlled by the language set forth by the Legislature in section 102.168, Florida Statutes (2000). Indeed, an important part of the statutory election scheme is the State's provision for a contest process, section 102.168, which laws were enacted by the Legislature prior *1249 to the 2000 election. [7] Although courts are, and should be, reluctant to interject themselves in essentially political controversies, the Legislature has directed in section 102.168 that an election contest shall be resolved in a judicial forum. See § 102.168 (providing that election contests not pertaining to either house of the Legislature may be contested "in the circuit court")....
...reat voters needing emergency care, or persons bringing food or beverages to the election workers because such activities are recognized as "incidental to the voting process and ... sometimes necessary to facilitate someone else's ability to vote"). Section
102.168(2) sets forth the procedures that must be followed in a contest proceeding, providing that the contestant file a complaint in the circuit court within ten days after certification of the election returns or five days after certification following a protest pursuant to section
102.166(1), Florida Statutes (2000), whichever occurs later. Section
102.168(3) outlines the grounds for contesting an election, and includes: "Receipt of a number of illegal votes or rejection of a number of legal votes sufficient to change or place in doubt the result of the election. " §
102.168(3)(c) (emphasis added). Finally, section
102.168(8) authorizes the circuit court judge to "fashion such orders as he or she deems necessary to ensure that each allegation in the complaint is investigated, examined, or checked, to prevent or correct any alleged wrong, and to provide any relief appropriate under the circumstances. " (Emphasis added.) The Legislature substantially revised section
102.168 in 1999....
...(2) The court held that in a contest proceeding in a statewide election a court must review all the ballots cast throughout the state, not just the contested ballots; (3) The court failed to apply the legal standard for relief expressly set forth in section 102.168(3)(c)....
...No appellate relationship exists between a "protest" and a "contest"; a protest is not a prerequisite for a contest. Cf. Flack v. Carter,
392 So.2d 37 (Fla. 1st DCA 1980) (holding that an election protest under section
102.166 was not a condition precedent to an election contest under section
102.168)....
...ards' actions, the trial court relinquished an improper degree of its own authority to the Boards. This was error. B. Must all the Ballots be Counted Statewide? Appellees contend that even if a count of the undervotes in Miami-Dade were appropriate, section
102.168, Florida Statutes (2000), requires a count of all votes in Miami-Dade County and the entire state as opposed to a selected number of votes challenged. However, the plain language of section
102.168 refutes appellees' argument. Section
102.168(2) sets forth the procedures that must be followed in a contest proceeding, providing that the contestant file a complaint in the circuit court within *1253 ten days after certification of the election returns or five days after certification following a protest pursuant to section
102.166(1), whichever occurs later. Section
102.168(3) outlines the grounds for contesting an election, and includes: "Receipt of a number of illegal votes or rejection of a number of legal votes sufficient to change or place in doubt the result of the election. " §
102.168(3)(c) (emphasis added). Finally, section
102.168(8) authorizes the circuit court judge to "fashion such orders as he or she deems necessary to ensure that each allegation in the complaint is investigated, examined, or checked, to prevent or correct any alleged wrong, and to provide any relief appropriate under the circumstances." As explained above, section
102.168(3)(c) explicitly contemplates contests based upon a "rejection of a number of legal votes sufficient to change the outcome of an election." Logic dictates that to bring a challenge based upon the rejection of a specific number of legal votes under section
102.168(3)(c), the contestant must establish the "number of legal votes" which the county canvassing board failed to count. This number, therefore, under the plain language of the statute, is limited to the votes identified and challenged under section
102.168(3)(c), rather than the entire county....
...[11] *1254 Hence, the Legislature has expressly recognized the will of the people of Florida as the guiding principle for the selection of all elected officials in the State of Florida, whether they be county commissioners or presidential electors. When an election contest is filed under section 102.168, Florida Statutes (2000), the contest statute charges the trial judge to: fashion such orders as he or she deems necessary to ensure that each allegation in the complaint is investigated, examined, or checked, to prevent or correct any alleged wrong, and to provide any relief appropriate under such circumstances....
...g the contestant's burden under the contest statute. The trial court began its analysis by stating: [I]t is well established and reflected in the opinion of Judge Joanos and Smith v. Tine[ [13] ][sic], that in order to contest election results under Section 102.168 of the Florida Statutes, the Plaintiff must show that, but for the irregularity, or inaccuracy claimed, the result of the election would have been different, and he or she would have been the winner....
...hat punch card ballots were to be recounted by automated tabulation equipment). Accordingly, we conclude that a legal vote is one in which there is a "clear indication of the intent of the voter." We next address whether the term "rejection" used in section 102.168(3)(c) includes instances where the County Canvassing Board has not counted legal votes....
...ts. See Pardo v. State,
596 So.2d 665, 666 (Fla.1992). However, regardless of this error, we again note the focus of the trial court's inquiry in an election contest authorized by *1259 the Legislature pursuant to the express statutory provisions of section
102.168 is not by appellate review to determine whether the Board properly or improperly failed to complete the manual recount. Rather, as expressly set out in section
102.168, the court's responsibility is to determine whether "legal votes" were rejected sufficient to change or place in doubt the results of the election....
...[18] 3300 Votes in Palm Beach County Appellants also contend that the trial court erred in finding that they failed to satisfy their burden of proof with respect to the 3300 votes that the Palm Beach County Canvassing Board reviewed and concluded did not constitute "legal votes" pursuant to section 102.168(3)(c)....
...Because the appellants have failed to introduce any evidence to refute the Canvassing Board's determination that the 3300 ballots did not constitute "legal votes," we affirm the trial court's holding as to this issue. This reflects the proper interaction of section
102.166 governing protests and manual recounts and section
102.168 governing election contests....
...tted past the deadline established by the Florida Supreme Court in this election." This conclusion was erroneous as a matter of law. The deadline of November 26, 2000, at 5 p.m. was established in order to allow maximum time for contests pursuant to section 102.168....
...ere completed were not counted. Without examining or investigating the ballots that were not counted by the machines, the trial court concluded there was no reasonable probability of a different result. However, the proper standard required *1261 by section 102.168 was whether the results of the election were placed in doubt....
...at 21 (emphasis supplied) (footnote omitted). Only by examining the contested ballots, which are evidence in the election contest, can a meaningful and final determination in this election contest be made. As stated above, one of the provisions of the contest statute, section 102.168(8), provides that the circuit court judge may "fashion such orders as he or she deems necessary to ensure that each allegation in the complaint is investigated, examined or checked, to prevent any alleged wrong, and to provide any relief appropriate under such circumstances....
...ectness of the assertions that any analysis and ultimate remedy should be made on a statewide basis. [21] *1262 We note that the contest statutes vest broad discretion in the circuit court to "provide any relief appropriate under the circumstances." § 102.168(5). Moreover, because venue of an election contest that covers more than one county lies in Leon County, see § 102.1685, Fla....
...] and the 168 additional legal votes from Miami-Dade County. Because time is of the essence, the circuit court shall commence the tabulation of the Miami-Dade ballots immediately. The circuit court is authorized, in accordance with the provisions of section 102.168(8), to be assisted by the Leon County Supervisor of Elections or his sworn designees....
...HARDING, J., dissents with an opinion, in which SHAW, J., concurs. WELLS, C.J., dissenting. I join Justice Harding's dissenting opinion except as to his conclusions with regard to error by Judge Sauls and his conclusions as to the separateness of sections
102.166 and
102.168, Florida Statutes *1263 (2000)....
...raises serious separation-of-powers concerns. I find that the trial judge correctly concluded that plaintiffs were not entitled to a manual recount. Appellants filed this current election contest after protests in Palm Beach and Miami-Dade Counties. Section 102.168, Florida Statutes, in its present form is a new statute adopted by the Legislature in 1999....
...I conclude that the present statutory scheme contemplates that protests of returns [24] and requests for manual recounts [25] are first to be presented to the county canvassing boards. See §
102.166, Fla. Stat. This naturally follows from the fact that, even with the adoption of the 1999 amendments to section
102.168, the only procedures for manual recounts are in the protest statute....
...If there is a protest, a party authorized by the statute to file a contest must file a complaint "within 5 days after midnight of the date the last county canvassing board empowered to canvass the returns certifies the results of that particular election following a protest pursuant to s.
102.166(1)." §
102.168(2), Fla. Stat. (2000). In the election contest, the canvassing board is the proper party defendant under section
102.168(4). Further, under section
102.168(8), the circuit judge to whom the contest is presented may fashion such orders as he or she deems necessary to ensure that the allegations upon which the complaint is brought are investigated, examined, or checked....
...4th DCA 1992), a case recently cited by this Court in Palm Beach County Canvassing Board v. Harris,
772 So.2d 1220 (Fla.2000). In Hogan, the Fourth District Court of Appeal reversed the trial court's order granting a manual recount, in contravention of the county canvassing board's decision noting that: Although section
102.168 grants the right of contest, it does not change the discretionary aspect of the review procedures outlined in section
102.166....
...The statute clearly leaves the decision whether or not to hold a manual recount of the votes as a matter to be decided within the discretion of the canvassing board. Id. at 510. I do not believe there is any sound reason to conclude that the Legislature's adoption of revised section 102.168 in 1999 intended to change this and provide for a duplicative recount by an individual circuit judge....
...I do not find any legal basis for the majority of this Court to simply cast aside the determination by the trial judge made on the proof presented at a two-day evidentiary hearing that the evidence did not support a statewide recount. To the contrary, I find the majority's decision in that regard quite extraordinary. Section 102.168(3), Florida Statues (2000), states in pertinent part: The grounds for contesting an election under this section are: ....
...(Emphasis added.) In other words, to establish a cause of action, plaintiff must allege an irregularity that places in doubt the result of the election. First, to "contest" simply means to challenge. See Webster's Dictionary 250 (10th ed.1994). Second, section 102.168(5), provides: A statement of the grounds of contest may not be rejected, nor the proceedings dismissed, by the court for any want of form if the grounds of contest provided in the statement are sufficient to clearly inform the defenda...
...s negligence, improper influence, coercion, or fraud in the balloting and counting processes. Thus, a plaintiff's burden in establishing grounds on which a circuit judge could order relief of any kind was simply not met. It is illogical to interpret section 102.168(3)(c) to set such a low standard where a plaintiff merely has to allege a cause of action to successfully carry the contest....
...As I have stated, I conclude in the case at bar that sections
102.166 and 106.168 must be read in pari materia. My analysis in this regard is bolstered in situations, as here, where there was an initial protest filed in a county pursuant to section
102.166 and a subsequent contest of that same county's return pursuant to section
102.168. It appears logical to me that a circuit judge in a section
102.168 contest should review a county canvassing board's determinations in a section
102.166 protest under an abuse-of-discretion standard....
...ng to resolve the issues of this election with an election code which any objective, frank analysis must conclude *1270 never contemplated this circumstance. Only to state a few of the incongruities, the time limits of sections
102.112,
102.166, and
102.168 and 3 U.S.C. §§ 1, 5, and 7 simply do not coordinate in any practical way with a presidential election in Florida in the year 2000. Therefore, section
102.168, Florida Statues, is inconsistent with the remedy being sought here because it is unclear in a presidential election as to: (1) whether the candidates or the presidential electors should be party to this election contest; (2) what the...
...not abuse its discretion in any of its decisions in the review and recounting process. While abuse of discretion is the proper standard for assessing a canvassing board's actions in a section
102.166 protest proceeding, it is not applicable to this section
102.168 contest proceeding....
...The circuit judge is statutorily charged with three tasks in a contest proceeding: (1) to ensure that each allegation in the contestant's complaint is investigated, examined, or checked; (2) to prevent or correct any alleged wrong; and (3) to provide any relief appropriate under such circumstances. See § 102.168(8), Fla....
...Where a contestant alleges that the canvassing board has rejected a number of legal votes "sufficient to change or place in doubt the result of the election" due to the board's decision to curtail or deny a manual recount, the circuit judge should examine this issue de novo and not under an abuse of discretion standard. §
102.168(3)(c), Fla. Stat. (2000). Second, Judge Sauls erred in concluding that a contestant under section
102.168(3)(c) must show a "reasonable probability that the results of the election would have been changed." Judge Sauls cited the First District Court of Appeal's decision in Smith v. Tynes,
412 So.2d 925, 926 (Fla. 1st DCA 1982), as establishing this standard for election contests. However, as discussed above, when the Legislature amended section
102.168 in 1999, it specified five grounds for contesting an election, including the "[r]eceipt of a number of illegal votes or rejection of a number of legal votes sufficient to change or place in doubt the result of the election....
...Moreover, as explained below, I do not believe that an adequate remedy exists under the circumstances of this case. I conclude that Judge Sauls properly found that the evidence presented by appellants, even if believed, was insufficient to warrant any remedy under section 102.168. The basis for appellants' claim for relief under section 102.168 is that there is a "no-vote" problem, i.e., ballots which, although counted by machines at least once, allegedly have not been counted in the presidential election. The evidence showed that this no-vote problem, to the extent it exists, is a statewide problem. [33] Appellants ask that only a subset of these no-votes be counted. In a presidential election, however, section 102.168, by its title, is an "Election" contest and, as such, it is not a local contest seeking to define the correct winner of the popular vote in any individual county. *1272 The action is to determine whether the Secretary of State certified the correct winner for the entire State of Florida. By its plain language, section 102.168(1) provides that only the "unsuccessful candidate" may contest an election....
...idered as being systemic with the punch card system itself, and any remedy would have had to be statewide. Any other remedy would disenfranchise tens of thousands of other Florida voters, as I have serious concerns that appellant's interpretation of 102.168 would violate other voters' rights to due process and equal protection of the law under the Fifth and Fourteenth Amendments to the United States Constitution. As such, I would find that the selective recounting requested by appellant is not available under the election contest provisions of section 102.168....
...t. [2] The appellants have alternatively styled their request for relief as a Petition for Writ of Mandamus or Other Writs. [3] See §§
102.111, .121, Fla. Stat. (2000). [4] Bush received 2,912,790 votes while Gore received 2,912,253 votes. [5] See §
102.168(3)(c), Fla....
...We make no determination as to which of these two numbers are accurate but direct the trial court to make this determination on remand. [7] In a substantial and dramatic change of position after oral argument in this case, Bush contends in his "Motion for Leave To File Clarification of Argument" that section 102.168 cannot apply in the context of a presidential election....
...18, 2000) at page 18 states that "to implement Petitioners' desired policy of manual recounts at all costs, the Court is asked to ... (5) substitute the certification process of Section
102.111 and Section
102.112 for the contested election process of Section
102.168 as the means for determining the accuracy of the vote tallies....
...at all, only in a statewide contest. " (Emphasis supplied.) Finally the Amended Answer Brief of the Secretary of State asserted that [p]etitioner has confused a pre-certification election protest (section
102.166) with a post-certification contest (section
102.168)....
...are more properly raised in a contest action, these facts were not relevant to the Secretary's decision to certify the election. Her decision triggered the time for bringing any election contest actions. (Emphasis supplied.) [8] Viewed historically, section 102.168 did not always provide for contests of the type we consider today. As originally enacted, section 102.168 simply provided a mechanism for ouster of elected local officials....
...Under that version of the statute, election challenges were limited to county offices, and only the person claiming to have been rightfully elected to the position could challenge the election. See ch. 38, art. 10, §§ 7-9, Laws of Fla. (1845). [9] The following language of section 102.168, Florida Statutes was changed in 1999 (words stricken are deletions; words underlined are additions): (1) Except as provided in s....
CopyCited 13 times | Published | Supreme Court of Florida
...District 117, which he was not because he was neither a resident nor a qualified elector from District 117. Thus by filing the false oath, petitioner misled the voters in their election choice. Respondent grounds his cause of action *667 in sections 102.168 and 102.1682, Florida Statutes (1979), [2] relating to election contests and judgments of ouster....
...It is undisputed that the petitioner is presently seated in the House. We need not determine whether the courts of Florida ever had jurisdiction; we need only determine they do not now have jurisdiction. The respondent also relies on the statutory provisions to contest elections. See §§ 102.168, 102.1682 Fla....
...The balloting process is distinct from the legal qualifications of the candidates, and we can find no authority for extending an election contest to areas outside the balloting process. See State ex rel. Gandy v. Page,
125 Fla. 453,
170 So. 118 (1936). Additionally, section
102.168 is limited, under these circumstances, to contesting the "certification of election." Section
102.151, Florida Statutes (1979), makes clear that this certificate concerns the number of votes, by stating, "The county canvassing board s...
...The parties make too much of the issue whether Judge Nadler was bound by the prior rulings of the trial court. Suffice it to say that Judge Nadler entertained the same motion to dismiss previously filed, and he denied the motion as had the original judge. [2] Sections 102.168 and 102.1682 read: 102.168 Contest of election....
...election on a submitted referendum. The canvassing board or election board shall be the proper party defendant, and the successful candidate shall be an indispensable party to any action brought to contest the election or nomination of a candidate. 102.1682 Judgment of ouster; revocation of commission; judgment setting aside referendum....
CopyCited 11 times | Published | Supreme Court of Florida | 2000 WL 1725434
...together in order to achieve a consistent whole. Where possible, courts must give effect to all statutory provisions and construe related statutory provisions in harmony with another." In this regard we consider the provisions of section
102.166 and
102.168....
...e submitted to the Department so late that their inclusion will compromise the integrity of the electoral process in either of two ways: (1) by precluding a candidate, elector, or taxpayer from contesting the certification of an election pursuant to section 102.168; or (2) by precluding Florida voters from participating fully in the federal electoral process....
...The Secretary may ignore such returns only if their inclusion will compromise the integrity of the electoral process in either of two ways: (1) by precluding a candidate, elector, or taxpayer from contesting the certification of election pursuant to section 102.168; or (2) by precluding Florida voters from participating fully in the federal electoral process....
...Code, we conclude that we must invoke the equitable powers of this Court to fashion a remedy that will allow a fair and expeditious resolution of the questions presented here. [56] Accordingly, in order to allow maximum time for contests pursuant to section 102.168, amended certifications must be filed with the Elections Canvassing Commission by 5 p.m....
...the commission shall so certify and shall not include the returns in its determination, canvass, and declaration."). [32] §
102.131, Fla. Stat. (2000) ("The Elections Canvassing Commission in determining the true vote shall not have authority to look beyond the county returns."). [33] §
102.166, Fla. Stat. (2000). [34] See §
102.168(2), Fla....
...(2000) (explaining that the action must be filed within ten days after the last Board certifies its returns or within five days after the last Board certifies its returns following a protest). [35] The grounds for contesting an election are set forth in section 102.168(3), Florida Statutes (2000): (a) Misconduct, fraud, or corruption ......
CopyCited 11 times | Published | Supreme Court of Florida | 18 Educ. L. Rep. 801
...There were 361 absentee ballots cast in the election, from which Potter received 239 votes and Bolden, the winner on the machine ballots, received only 122 votes. As a result, Potter won the election by 99 votes. Bolden then proceeded to bring this suit contesting the election pursuant to section 102.168, Florida Statutes (1977)....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 1998 Fla. App. LEXIS 2408, 23 Fla. L. Weekly Fed. D 1188
...d Suarez assumed the position of Mayor of the City of Miami. On the same day, Carollo filed a protest to the run-off election pursuant to Section
102.166, Florida Statutes (1997), as well as the November 4th and November 13th election results, under Section
102.168, Florida Statutes (1997)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 11920, 1992 WL 324859
...l or unintentional multiple piercing of computer ballot cards, creating what are referred to as overvotes and undervotes. The board thereupon denied appellee's request for a recount. Appellee timely filed this action in the circuit court pursuant to section 102.168, Florida Statutes (1991)....
...The request must state the reason for the request. The canvassing board may, but is not obligated to, grant the request. §
102.166(4)(c), Fla. Stat. (1991). In addition, the candidate may also challenge a certification of the results of an election by filing a complaint in circuit court. §
102.168, Fla. Stat. (1991). *510 A companion to the contest statute is section
102.1682, which enumerates the remedies available for the successful challenger under section
102.168. In relevant part, section
102.1682, Florida Statutes (1991), states:
102.1682 Judgment of ouster; revocation of commission; judgment setting aside referendum....
...ntered against such party. The final piece to the remedial scheme of chapter 102 is section
102.169, Florida Statutes (1991). This section merely states that nothing in the chapter limits or abrogates any remedy existing under quo warranto. Although section
102.168 grants the right of contest, it does not change the discretionary aspect of the review procedures outlined in section
102.166....
CopyCited 8 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 579, 1991 Fla. LEXIS 888, 1991 WL 169539
...atters adjudicated against plaintiff and all parties affected thereby." §
75.09, Fla. Stat. (1989). In its next argument, PATRM contends that the only proper method of resolving the election dispute in this instance was the procedure established by section
102.168, Florida Statutes (1989)....
...This statute requires the county canvassing board to be the named defendant in taxpayer lawsuits challenging elections. Thus, PATRM argues that Leon County lacks standing to litigate the merit's of PATRM's challenge to the referendum election. [4] This argument is wholly meritless. Section 102.168 on its face is a general statute creating a procedure by which taxpayers (as plaintiffs) may challenge a disputed referendum by suing canvassing boards....
...This issue was resolved against PATRM in an unappealed opinion of the First District. People Against Tax Revenue Mismanagement, Inc. v. Leon County Canvassing Bd.,
573 So.2d 31 (Fla. 1st DCA 1990). However, PATRM now argues the somewhat different issue that the county lacks standing in the present case because of section
102.168, Florida Statutes (1989)....
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 2000 U.S. App. LEXIS 29366
...ish to assert"); Response of Intervenor Appellee the Florida Democratic Party in Opposition to Appellants' Emergency Motion for Injunction Pending Appeal at 14 ("adequate relief is plainly available to Plaintiffs in state court"); see also Fla.Stat. 102.168(3)(e) (West Supp....
CopyCited 7 times | Published | District Court, S.D. Florida | 29 Media L. Rep. (BNA) 1190, 2000 U.S. Dist. LEXIS 16333, 2000 WL 1687185
...The procedures for such manual recounts are described in the pertinent statutory provisions. See Fla. Stat. §
102.166(4)-(10). Following certification by the county canvassing board, a candidate or voter also may contest election results by filing a complaint in circuit court. See Fla. Stat. §
102.168 et seq. The circuit courts are authorized to provide any relief that is appropriate. See Fla. Stat. §
102.168(8)....
...Further, there also has been no evidence presented by Plaintiffs that they lack an adequate remedy in state court to challenge either the manual recount results or the canvassing board decisions regarding the commencement and administration of recount procedures. See Curry,
802 F.2d at 1316-17. In fact, Florida Statutes, §
102.168 outlines an entire process by which "the certification of election or nomination of any person to office, or of the result on any question submitted by referendum, may be contested in the circuit court by any unsuccessful candidate for such office or nomination thereto or by any elector qualified to vote in the election related to such candidacy." [13] Fla. Stat. §
102.168(1)....
...ntial noncompliance with statutory election procedures and also makes a factual determination that reasonable doubt exists as to whether a certified election expressed the will of the voters, then the court in an election contest brought pursuant to section 102.168, Florida Statutes (1997), is to void the contested election even in the absence of fraud or intentional wrongdoing." Beckstrom v....
...[11] It has been represented to this Court by Plaintiffs that at least fifteen states employ some type of statutory manual recount scheme in presidential elections. [12] Of these, 26 use punch-card and 39 use optical-scanning systems. [13] Specifically, Fla. Stat. § 102.168(3) allows a candidate to challenge an election on the following grounds: (a) Misconduct, fraud, or corruption on the part of any election official or any member of the canvassing board sufficient to change or place in doubt the result of the election....
...referendum was contrary to the result declared by the canvassing board or election board. Id. In addition, "[a]ny candidate, qualified elector, or taxpayer presenting such a contest to a circuit judge is entitled to an immediate hearing". Fla. Stat. § 102.168(7)....
..."The circuit judge to whom the contest is presented may fashion such orders as he or she deems necessary to ensure that each allegation in the complaint is investigated, examined, or checked, to prevent or correct any alleged wrong, and to provide any relief appropriate under such circumstances." Fla. Stat. § 102.168(8)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2008 WL 4327060
...Because Bober had not received a majority of the votes, Bober and Levey were to be placed on the ballot for the November 4, 2008 general election. §
105.051(1)(b). On September 5, 2008, Dijols filed a complaint contesting the results of the primary election under section
102.168, Florida Statutes (2007)....
...Dijols testified that he became aware on May 1, 2008 that Mardi Anne Levey had qualified as a candidate against him and that she had run as Mardi Levey Cohen in 2006. He consulted with lawyers and others about bringing a challenge to Levey's choice of name, but he interpreted section 102.168 as requiring an unsuccessful candidate to wait until after an election before filing a complaint....
...In Florida, a woman does not lose her birth-given name upon marriage. Davis v. Roos,
326 So.2d 226 (Fla. 1st DCA 1976). Because only a limited right to contest an election existed at common law, the grounds that may be raised to contest an election are constrained to those that are expressly permitted by section
102.168(3), Florida Statutes (2007). See McPherson v. Flynn,
397 So.2d 665, 668 (Fla.1981). In 1999, the legislature amended section
102.168(3) to enumerate specific grounds for contesting an election. Ch. 99-339, § 3, at 3548, Laws of Fla. Section
102.168 permits an unsuccessful candidate to contest "the certification of election or nomination of any person to office" within ten days after the results of the election have been certified. Fla. Stat. §
102.168(1)-(2). The statute requires the candidate to set forth the grounds that allegedly establish the candidate's right to the contested office or the grounds for "setting aside the result of the election." §
102.168(3). In his complaint, Dijols raised two grounds for contesting the primary election: (1) fraud or misconduct under section
102.168(3)(a); and (2) "ineligibility of the successful candidate for the nomination or office in dispute" under section
102.168(3)(b)....
...trial court found no evil purpose to Levey's choice of name and no fraud or misconduct on her part, Dijols failed to establish a right to a nomination or office and did not establish a basis for setting aside the result of the primary election under section 102.168(3), Florida Statutes (2007)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 16285, 2010 WL 4227426
...Norman was ineligible because the "full and public disclosure of financial interests" form he filed with his qualifying papers failed to disclose assets obtained with a $500,000 gift one Ralph Hughes (now deceased) made to Mearline Norman, the candidate's wife. The complaint invoked section 102.168(3)(b), Florida Statutes (2010), which states a ground for post-election challenges to elections....
...e such a contest is political in nature and therefore outside the judicial power." McPherson v. Flynn,
397 So.2d 665, 667 (Fla.1981). In light of this history, the statutory right to bring an election contest after an election has taken place, which section
102.168 confers, should be construed in strict conformity with the language of the statute: "Generally, there is no inherent power in the courts of this state to determine election contests and the right to hold legislative office." Id....
...Sanchez-Gronlier,
937 So.2d 1166 (Fla. 3d DCA 2006); Smith v. Crawford,
645 So.2d 513 (Fla. 1st DCA 1994); Marina v. Leahy, supra . At issue here is whether the facts found below [6] establish the "[i]neligibility of the successful candidate for the nomination . . . in dispute." §
102.168(3)(b), Fla....
...Both are integral parts of the Constitution which can be given full effect. No statute can add to or take from the qualifications for office set forth in the Constitution, the constitutional criteria that determine eligibility within the meaning of section 102.168(3)(b), Florida Statutes (2010)....
...Grassi,
532 So.2d 1055, 1056 (Fla.1988). Statutory provisions governing financial disclosure (or other aspects of qualifying to run for office) cannot impose additional eligibility requirements beyond those set forth in the constitution. Id. That grounds for an election challenge under section
102.168 have not been stated does not mean no remedy is available if a candidate falsifies financial disclosure forms....
...uding the power to order the appropriate elections official to remove a candidate from the ballot." See §
112.324(8), Fla. Stat. (2010). But, because Mr. Ambler's complaint does not allege, and the evidence did not establish, adequate grounds under section
102.168(3)(b), the circuit court's decision must be reversed. To establish "[i]neligibility of the successful candidate for the nomination or office in dispute," §
102.168(3)(b), Fla....
...Even a false filing made in the process of qualifying to run for office might be cured if timely asserted. Had the Legislature intended an error or omission in a candidate's financial disclosure documents to be a basis for a post-election contest under section 102.168, it could easily have said so....
...The mandate shall issue forthwith, and no motion for rehearing shall be entertained. PADOVANO and CLARK, JJ., concur. NOTES [1] Venue was properly laid in Leon County because the contested election took place in a senate district encompassing portions of Hillsborough and Pasco Counties. See § 102.1685, Fla. Stat. (2010). [2] Section 102.168, Florida Statutes (2010), provides: (3) The complaint shall set forth the grounds on which the contestant intends to establish his or her right to such office or set aside the result of the election on a submitted referendum....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...Anderson was the unsuccessful candidate for the Democratic nomination for Supervisor of Elections of Gadsden County. Subsequent to the Canvassing Board's certification of defendant Denny Hutchinson as the Democratic nominee for this office, Anderson timely filed an election contest with the circuit court pursuant to Section 102.168, Florida Statutes (1979)....
CopyCited 4 times | Published | District Court, N.D. Florida
certification of election results under Florida Statutes §
102.168 will not prevent irreparable harm. The voter's
CopyCited 3 times | Published | District Court, N.D. Florida | 2000 U.S. Dist. LEXIS 17875
...Court under the related case doctrine. Argument was then heard on the merits on both cases, and thus these cases are ready for adjudication. The plaintiffs in both cases characterize their causes as arising under Florida's Election Contest Statute, Section 102.168, Fla....
...Based on the above, the plaintiffs conclude that including the overseas absentee ballots received after election day in the final certification totals constituted "[r]eceipt of a number of illegal votes ... sufficient to change or place in doubt the result of the election" under § 102.168(3)(c) Fla. Stat. (2000). Section 102.168 allows any unsuccessful candidate or any elector qualified to vote to contest, in the circuit court, the certification of election of any person to office. Section 102.168(7) entitles the contestant to "an immediate hearing" and subsection (8) states: The circuit judge to whom the contest is presented may fashion such orders as he or she deems necessary to ensure that each allegation in the complaint is...
...reason for not being able to have their ballots arrive by the close of election day is that they were serving their country overseas. For the above reasons, it is hereby ORDERED AND ADJUDGED: 1. Plaintiffs are not entitled to relief under Fla. Stat. § 102.168 or any other provision of state or federal law....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...Potter, on the precinct machine count. However, when the 361 absentee ballots were counted and added to the machine totals, Potter had defeated Bolden by 99 votes. Bolden (together with two other candidates) [1] brought this action to contest the election, pursuant to § 102.168, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...We conclude, therefore, that Flack's protest under §
102.166 was untimely. Having decided that protest was untimely, we next turn our attention to the issue of whether compliance with §
102.166 is a condition precedent to an election contest under §
102.168, Florida Statutes (1977)....
...Certificates. However, we find nothing to bar her remaining challenges. It is the appellant's position that the majority of her challenges fall within this latter category and should have been considered by the judge of the Circuit Court pursuant to § 102.168, Florida Statutes (1977)....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
...e county elections officials determined the "intent" by examining the ballot. 14 Plaintiffs languish under the very real possibility of further injury because of the "contest" suit brought by Vice President Gore in Leon County pursuant to Fla. Stat. 102.168....
...56 This is a wholly fallacious argument. A voter may bring a contest suit in state court on the ground that legal votes were excluded or illegal votes included, but must show that such action was sufficient to "change or place in doubt the result of the election." Fla. Stat. 102.168(3)(c)....
...Therefore this protest provision is, in my view, essentially meaningless. Further, after the last county canvassing board has certified its election results, an unsuccessful candidate, an elector qualified to vote in the election, or any taxpayer may bring a judicial contest of the election. Fla. Stat. 102.168. The contest complaint must be filed within ten days after the last county canvassing board certifies the results of the election being contested, Fla. Stat. 102.168(2), and must set forth the grounds on which the contest is made, Fla. Stat. 102.168(3). Section 102.168(3)(c) establishes that a valid ground for contesting an election includes, "[r]eceipt of a number of illegal votes or rejection of a number of legal votes sufficient to change or place in doubt the result of the election." As a remedy...
...s permitted to "fashion such orders as he or she deems necessary to ensure that each allegation in the complaint is investigated, ... to prevent or correct any alleged wrong, and to provide any relief appropriate under such circumstances." Fla Stat. 102.168(8)....
...to obtain federal funds for their party in the next election are left out of this process and their voters are left relying on other candidates to choose their county. The same problem exists under the provision for contesting elections. Fla. Stat. 102.168(3)(c)....
...If the ground for the contest is that legal votes were not counted, the contest provision requires that a sufficient amount of the legal votes not counted "change or place in doubt the result of the election" before the contest may proceed. Fla. Stat. 102.168(3)(c)....
CopyCited 2 times | Published | Supreme Court of Florida | 2000 WL 1810330
...resolution by this Court. We have jurisdiction pursuant to article V, section 3(b)(5) of the Florida Constitution. For the reasons expressed below, we affirm. Appellants filed suit against the Seminole County Canvassing Board and others pursuant to section 102.168, Florida Statutes (2000), to contest the 2000 election....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 3 Educ. L. Rep. 1154
...hools in Clay County. Tynes won the democratic primary held September 9, 1980, and, due to the absence of opposition in the general election, became superintendent. Smith challenged the result of the primary election alleging a cause of action under Section 102.168, Florida Statutes, together with violations of various subsections of Chapters 104 and 106, Florida Statutes....
...nt result in the election. The law requires more than a mere allegation that such a violation could produce a different result; it must be shown that such violations would produce a different result. The trial court correctly assessed the situation. Section 102.168 establishes the criteria for an election contest....
...The remedy available to an unsuccessful candidate is limited to challenging the balloting and counting process in the statutory election contest. Since appellant did not allege irregularities in the actual balloting and counting process, his complaint under Section 102.168 was correctly dismissed for failure to state a cause of action....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...tory judgment rather than by the mechanism of Chapter 102. Our conclusion here is that, on either theory, the board is without standing to question the results of an election. The canvassing board contends that because it is a proper defendant under Section 102.168, it should also have standing to challenge the election in this case. If it were necessary, we, in all probability, would reject that argument, but since Section 102.168 is not applicable we do not reach the question....
CopyCited 1 times | Published | Supreme Court of Florida | 2000 WL 1867628
...onducted by the canvassing board. Because of our concerns that if some of the undervotes were to be counted in an election contest, all of the undervotes should be counted, we held in Gore v. Harris,
772 So.2d at 1261 that in fashioning relief under section
102.168(8), a manual recount should be conducted in all Florida counties where there was an undervote and where no manual recount had been conducted....
...solving elections disputes." Id. at 1253. Thus, any comprehensive review of the Election Code should address both the scope of the manual recount statute, section
102.166, to allow for statewide manual recounts, and the scope of the contest statute, section
102.168, to fashion appropriate relief on a statewide basis....
...Harris,
772 So.2d at 1282, that "an error in vote tabulation" triggering a manual recount included the failure of a properly functioning machine to discern the choices of the voters as revealed by the ballots. Further, in Gore v. Harris, we construed the term "legal vote" as used in the contest statute, section
102.168(3)(c), to be one where an examination of the ballot reveals a "clear indication of the intent of the voter." Gore v....
...t provisions of Florida's Election Code. The implication of these dual positions would be that voters who cast votes that were incapable of being read by the machine would not be counted through a manual recount either pursuant to section
102.166 or section
102.168 even if upon a manual review the voter's *536 intent was clearly ascertainable....
...ca. U.S. Const. pmbl. [5] See §
102.166, Fla.Stat. (2000). [6] See Bush v. Palm Beach County Canvassing Bd., ___ U.S. ___,
121 S.Ct. 471,
148 L.Ed.2d 366 (2000). [7] See Palm Beach County Canvassing Bd. v. Harris,
772 So.2d 1273 (Fla.2000). [8] See §
102.168, Fla.Stat....
...§ 5, Justice Breyer's proposed remedy remanding to the Florida Supreme Court for its ordering of a constitutionally proper contest until December 18contemplates action in violation of the Florida election code, and hence could not be part of an "appropriate" order authorized by Fla.Stat. § 102.168(8) (2000)....
...[28] Initially, their position in this Court had been that any attack on the problems with punchcard ballots and the increased percentage of undervotes should not be raised under the protest provisions of section
102.166(4), but in the contest provisions of section
102.168. But see Gore v. Harris,
772 So.2d 1243 at 1249 n. 7 (noting parties' change of position that section
102.168 does not apply to a presidential election)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1990 WL 223866
...For the reasons more fully explained below, we deny the relief requested by appellants and grant appellee's motion for sanctions. [1] In October 1989, appellants filed suit against the Leon County Canvassing Board, alleging that the complaint was filed, pursuant to section 102.168, Florida Statutes (1987), in order to set aside the result of the sales tax referendum held in Leon County on September 19, 1989....
...The court did not pass judgment on the expenditures made by Palm Beach County. The county government, and not the local canvassing board, was the defendant in Hudspeth, and the question before that court was not the propriety of voiding an election under section 102.168, which is the question before this court....
...e canvassing board is responsible for conducting a recount. The canvassing board is also required to certify the results of the election to the Department of State and to file a report to the Division of Elections on the conduct of the election. Id. Section 102.168, the section cited by appellants as authority for their suit, provides that "the certification of the election or nomination of any person to office, or of the result of any question submitted by referendum, may be contested in the ci...
...x referendum result. Because appellants' grievances concern matters apart from the conduct of the Leon County Canvassing Board in canvassing or certifying the sales tax referendum, we agree with the trial court that suit was improperly brought under section 102.168 against the Leon County Canvassing Board....
CopyPublished | Florida 5th District Court of Appeal
against the Board and DeLoach pursuant to section
102.168, 3 alleging that the election result was placed
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21952
purports to be a complaint filed pursuant to Section
102.168, Florida Statutes, Contest of Elections. The
CopyPublished | Florida 4th District Court of Appeal | 2000 WL 1791027
...sults of a referendum shall be in the county in which the contestant qualified or in the county in which the question was submitted for referendum or, if the election or referendum covered more than one county, then in Leon County. (Emphasis added.) § 102.1685, Florida Statutes (2000)....
...te may direct. 3 U.S.C.A. § 2. If a Florida court were to void the November 7, 2000 election for electors, it would then be up to the Florida legislature to appoint the electors under 3 U.S.C.A. § 2. Even if a revote were an available remedy under section 102.168, our election contest statute, I conclude that the only type of revote the plaintiffs could seek would be a revote by the entire state....
...Beckstrom, which concerned an election for sheriff of one county, states that an *989 election can be voided, but does not address a revote of less than all of the voters. A revote limited only to Palm Beach County, which is the only relief sought in this case, is unprecedented in Florida and elsewhere. Section 102.168 provides in subsection (1) that " the certification of election......
CopyPublished | Court of Appeals for the Eleventh Circuit | 2000 WL 1718739
Plaintiffs in state court”); see also Fla.Stat. §
102.168(3)(e) (West Supp. 2000) (“The grounds for contesting
CopyPublished | District Court of Appeal of Florida
contesting the election under Florida Statutes section
102.168(3)(b). The complaint alleged that Miami
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 9796
Levy’s election. They sought relief through section
102.168, Florida Statutes, which provides for election
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
have been made against the canvassing board. Section
102.168(1), Florida Statutes, provides that: "Except
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19551
properly filed a verified complaint pursuant to Section 102.-168, Florida Statutes (1977) to contest his failure
CopyPublished | Court of Appeals for the Eleventh Circuit
...Esteva,
323 So.2d 259 (Fla. 1975). State
courts have authority to review election challenges, whether brought by a candidate
or party as a protest under Fla. Stat. §
102.166, or brought by a candidate, qualified
voter, or taxpayer as a contest under Fla. Stat. §
102.168....
...o
set out grounds for a manual recount, and the county canvassing board can grant it.
Fla. Stat. §
102.166(4). An election contest, on the other hand, cannot be filed
until after the last county canvassing board certifies results, see Fla. Stat. §
102.168(2), and once it does, a presumption kicks in and weighs against granting
110
any relief in the contest....
...1976) (citation omitted).
Besides, there is the problem of time. Election contests cannot be instituted
until “after midnight of the date the last county canvassing board empowered to
canvass the returns certifies the results of the election being contested.” Fla. Stat. §
102.168 (2)....
...112
corruption, or the ineligibility for office of the successful candidate, Florida law
requires that anyone filing an election contest show that correction of the problem
complained about would change the results of the election. See Fla. Stat. §
102.168(3)(c) (“Receipt of a number of illegal votes or rejection of a number of
legal votes sufficient to change or place in doubt the result of the election.”) &
(3)(e) (“Any other cause or allegation which, if sustained, would show tha...
CopyPublished | Court of Appeals for the Eleventh Circuit | 2000 WL 1781942
...county elections officials determined the “intent” by examining the ballot.14 Plaintiffs
languish under the very real possibility of further injury because of the “contest” suit
brought by Vice President Gore in Leon County pursuant to Fla. Stat. § 102.168.
Gore v....
...Therefore this protest provision is, in my view, essentially meaningless.
Further, after the last county canvassing board has certified its election
results, an unsuccessful candidate, an elector qualified to vote in the election, or
any taxpayer may bring a judicial contest of the election. Fla. Stat. § 102.168. The
contest complaint must be filed within ten days after the last county canvassing
board certifies the results of the election being contested, Fla. Stat. § 102.168(2),
19
interpretation in its implementation....
...ble manner, whether read by the
machine or not. To understand the model that emerged from Harris, one must first
examine the model as understood by the Secretary of State.
and must set forth the grounds on which the contest is made, Fla. Stat. §
102.168(3). Section 102.168(3)(c) establishes that a valid ground for contesting an
election includes, “[r]eceipt of a number of illegal votes or rejection of a number of
legal votes sufficient to change or place in doubt the result of the election.” As a
remedy, the circuit judge is permitted to “fashion such orders as he or she deems
necessary to ensure that each allegation in the complaint is investigated, . . . to
prevent or correct any alleged wrong, and to provide any relief appropriate under
such circumstances.” Fla Stat. § 102.168(8).
20
B.
1.
The Secretary’s vote counting model, which was in place prior to the supreme
court’s...
...if they wish to obtain federal funds for their party in the next election are left out of
this process and their voters are left relying on other candidates to choose their
county. The same problem exists under the provision for contesting elections. Fla.
Stat. § 102.168(3)(c)....
...If the ground for the contest is that legal votes were not
counted, the contest provision requires that a sufficient amount of the legal votes
not counted “change or place in doubt the result of the election” before the contest
may proceed. Fla. Stat. § 102.168(3)(c).
43
Clause of the Fourteenth Amendment, which guarantees that no State “shall deprive
any person of life, liberty, or property, without due process of law.” Id....
...gument. A voter
may bring a contest suit in state court on the ground that legal votes were excluded or
illegal votes included, but must show that such action was sufficient to “change or
place in doubt the result of the election.” Fla. Stat. § 102.168(3)(c)....
CopyPublished | Supreme Court of Florida | 11 Fla. L. Weekly 13
...Const.; Rule 9.125, Fla.R.App.P. After appellee James Ward was voted into the District 5 seat of Florida's House of Representatives on November 6, 1984, appellant Robert Harden challenged in the circuit court the validity and conduct of the election under sections
102.166 and
102.168, Florida Statutes (1983)....
...edural path which this case took indicate the wisdom of judicial deference to a legislative resolution in such a situation. Petitioner originally filed an election protest under section
102.166, Florida Statutes (1983), and an election contest under section
102.168, Florida Statutes (1983)....
...Because the circuit court found no evidence of fraud, it dismissed the election protest. Because more than one county was involved in the contested election, the Okaloosa County circuit court then transferred the cause to its proper statutory forum, Leon County. § 102.1685, Fla....
...It also, however, ruled that such ceremony would not divest the circuit court of its jurisdiction over the election contest. While it later reversed the latter ruling and found no jurisdiction, evidence was admitted respecting the requisites of sections 102.168 (election contest) and 102.1682 (allowing a judgment of ouster to revoke the commission of one found to be wrongfully holding office)....
CopyPublished | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 6, 2000 Fla. LEXIS 2402, 2000 WL 1810269
...nce and to require immediate resolution by this Court. We have jurisdiction pursuant to article V, section 3(b)(5) of the Florida Constitution. This case involves an election contest of the November 7, 2000, presidential election results pursuant to section 102.168, Florida Statutes (2000)....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 4499, 35 Fla. L. Weekly Fed. D 781
...February 17, 2009." The trial court held the procedures employed by the supervisor complied with the statutes. That decision is amply supported by the law and the record on appeal. Affirmed. GROSS, C.J., and CIKLIN, J., concur. NOTES [1] See §
102.141(7), Fla. Stat. (2008). [2] See §
102.166, Fla. Stat. (2008). [3] See §
102.168, Fla....
