The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

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

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F.S. 103.121

103.121 Powers and duties of executive committees.—

(1)(a) Each state and county executive committee of a political party shall have the power and duty:

1. To adopt a constitution by two-thirds vote of the full committee.

2. To adopt such bylaws as it may deem necessary by majority vote of the full committee.

3. To conduct its meetings according to generally accepted parliamentary practice.

4. To make party nomination when required by law.

5. To conduct campaigns for party nominees.

6. To raise and expend party funds. Such funds may not be expended or committed to be expended except after written authorization by the chair of the state or county executive committee.

(b) The county executive committee shall receive payment of assessments upon candidates to be voted for in a single county except state senators, state representatives, and representatives to the Congress of the United States; an affiliated party committee controlled by a leader of the Senate as defined in s. 103.092 shall receive payment of assessments upon candidates for the office of state senator, and an affiliated party committee controlled by a leader of the House of Representatives as defined in s. 103.092 shall receive payment of assessments upon candidates for the office of state representative; and the state executive committees shall receive all other assessments authorized. All party assessments shall be 2 percent of the annual salary of the office sought by the respective candidate. All such committee assessments shall be remitted to the state executive committee of the appropriate party and distributed in accordance with subsection (5), except that assessments for candidates for the office of state senator or state representative shall be remitted to the appropriate affiliated party committee.

(2) The chair and treasurer of an executive committee of any political party shall be accountable for the funds of such committee and jointly liable for their proper expenditure for authorized purposes only. The funds of each such state executive committee shall be publicly audited at the end of each calendar year and a copy of such audit furnished to the Department of State for its examination prior to April 1 of the ensuing year. When filed with the Department of State, copies of such audit shall be public documents. The treasurer of each county executive committee shall maintain adequate records evidencing receipt and disbursement of all party funds received by him or her, and such records shall be publicly audited at the end of each calendar year and a copy of such audit filed with the supervisor of elections and the state executive committee prior to April 1 of the ensuing year.

(3) Any chair or treasurer of a state or county executive committee of any political party who knowingly misappropriates, or makes an unlawful expenditure of, or a false or improper accounting for, the funds of such committee is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) The central committee or other equivalent governing body of each state executive committee shall adopt a rule which governs the time and manner in which the respective county executive committees of such party may endorse, certify, screen, or otherwise recommend one or more candidates for such party’s nomination for election. Upon adoption, such rule shall provide the exclusive method by which a county committee may so endorse, certify, screen, or otherwise recommend. No later than the date on which qualifying for public office begins pursuant to s. 99.061, the chair of each county executive committee shall notify in writing the supervisor of elections of his or her county whether the county executive committee has endorsed or intends to endorse, certify, screen, or otherwise recommend candidates for nomination pursuant to party rule. A copy of such notification shall be provided to the Secretary of State and to the chair of the appropriate state executive committee.

(5) The state chair of each state executive committee shall return the 2-percent committee assessment for county candidates to the appropriate county executive committees only upon receipt of a written statement that such county executive committee chooses not to endorse, certify, screen, or otherwise recommend one or more candidates for such party’s nomination for election and upon the state chair’s determination that the county executive committee is in compliance with all Florida statutes and all state party rules, bylaws, constitutions, and requirements.

History.—ss. 20, 21, 23, 28, ch. 6469, 1913; RGS 324, 325, 327, 332; CGL 381, 382, 384, 389; s. 1, ch. 25389, 1949; s. 9, ch. 26329, 1949; s. 7, ch. 26870, 1951; s. 41, ch. 28156, 1953; s. 2, ch. 29935, 1955; s. 1, ch. 57-743; s. 1, ch. 61-157; s. 1, ch. 63-97; ss. 6, 7, 8, ch. 67-353; ss. 10, 35, ch. 69-106; s. 26, ch. 77-104; s. 32, ch. 77-175; s. 50, ch. 79-400; s. 1, ch. 82-160; s. 25, ch. 83-217; s. 2, ch. 83-242; s. 1, ch. 89-256; s. 609, ch. 95-147; s. 64, ch. 2005-277; ss. 3, 30, ch. 2011-6; HJR 7105, 2011 Regular Session.

Note.—Former ss. 102.27, 102.28, 102.30, 102.35.

F.S. 103.121 on Google Scholar

F.S. 103.121 on Casetext

Amendments to 103.121

Arrestable Offenses / Crimes under Fla. Stat. 103.121

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

S103.121 3 - ELECTION LAWS - IMPROPER ACCOUNTING BY POLITICAL COMMITTEE - F: T

S103.121 4 - EMBEZZLE - RENUMBERED SEE REC#5971 - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

SFS CHECK, LLC, v. FIRST BANK OF DELAWARE,, 990 F. Supp. 2d 762 (E.D. Mich. 2013)

. . . . § 103.121(b)(1)”); ¶ 61 (FBD’s failure to verify information violated 31 C.F.R. § 103.121(b)(2)(h)) . . . ; ¶ 65 (SFS was never asked for information for the account in violation of 31 C.F.R. § 103.121(b)(2) . . .

L. RAMIREZ, v. TRANS UNION, LLC,, 899 F. Supp. 2d 941 (N.D. Cal. 2012)

. . . open an account appears on any such list.’ ” (Id. at 7:4-10 (citing 31 U.S.C. 5318(1)(2), 31 C.F.R. 103.121 . . .

SHARKEY, v. J. P. MORGAN CHASE CO., 805 F. Supp. 2d 45 (S.D.N.Y. 2011)

. . . (AC 1144 (citing 31 C.F.R. 103.121).) . . . .

CORTEZ, v. TRANS UNION, LLC v. LLC,, 617 F.3d 688 (3d Cir. 2010)

. . . . § 103.121(b)(4) (The Customer Identification Program “must include procedures for determining whether . . .

GREEN, v. MORTHAM,, 155 F.3d 1332 (11th Cir. 1998)

. . . the receipt for his or her party assessment or pay the same, in accordance with the provisions of § 103.121 . . .

SOCIALIST WORKERS PARTY, v. LEAHY,, 145 F.3d 1240 (11th Cir. 1998)

. . . Workers Party (“SWP”) and the Florida Green Party’s (“FGP”) challenge to the constitutionality of Section 103.121 . . . This bond is required by law pursuant to section 103.121(3), Florida Statutes. . . . In view of their apparent authority to enforce Section 103.121(3), Fla. . . . In pertinent part, Section 103.121(3) provides, ... . . . (3), it cannot bind future Secretaries of State from applying Section 103.121(3). . . .

WHITE BREWER TRUCKING, INC. v. DONLEY, a, 952 F. Supp. 1306 (C.D. Ill. 1997)

. . . suit pending before the Illinois Pollution Control Board (case number 97-11; see 35 Ill.Adm.Code pt. 103.121 . . .

SOCIALIST WORKERS PARTY, v. LEAHY,, 957 F. Supp. 1262 (S.D. Fla. 1997)

. . . denied ballot access in this state because of said party failing to post a bond as required by Section 103.121 . . . Stat. 103.121(3) and has no intention of enforcing it or threatening to enforce it in the future. . . . This bond is required by law pursuant to Section 103.121(3), Florida Statutes. . . .

SOCIALIST WORKERS PARTY, a a v. LEAHY,, 927 F. Supp. 1554 (S.D. Fla. 1996)

. . . Ch. 103.121(3). This minimum bond amount applies regardless of the size of the party. . . . PERFORMANCE BOND Florida Statutes Section 103.121(3) purports to require the chairperson and treasurer . . . Defendants have submitted uncontroverted evidence indicating that Fla.Stat. 103.121 has not been enforced . . . insofar as there has been no evidence of the application or even threatened application of Fla.Stat. § 103.121 . . .

VICORY v. DEMOCRATIC STATE EXECUTIVE COMMITTEE OF FLORIDA,, 45 Fla. Supp. 2d 176 (Fla. Cir. Ct. 1991)

. . . on his claim that the Defendants, acting individually or in concert, have violated Florida Statute § 103.121 . . . Committee amounts to an endorsement of his opponent’s candidacy, in clear violation of Florida Statute § 103.121 . . . Democratic Executive Committee to the Chiles campaign was the type of endorsement to which Florida Statute § 103.121 . . . accordance with the dictates of Eu v San Francisco Democratic Central Committee, supra, Florida Statute § 103.121 . . . Accordingly, it is ORDERED AND ADJUDGED that Florida Statute § 103.121(5)(b) is hereby declared unconstitutional . . .

E. WYMBS R. v. REPUBLICAN STATE EXECUTIVE COMMITTEE OF FLORIDA,, 719 F.2d 1072 (11th Cir. 1983)

. . . . § 103.121 (1982). . . .

R. ADAMS v. O D. ASKEW,, 511 F.2d 700 (5th Cir. 1975)

. . . Secs. 99.061, 99.092, 103.121 and 105.-031(3), seeking both a declaratory decree under Title 28, U.S.C . . .

S. SLAUGHTER, v. STATE E. HARRELL, 245 So. 2d 126 (Fla. Dist. Ct. App. 1971)

. . . . § 103.121(1) (g) F.S.A., provides in part: “* * * The county executive committee shall have exclusive . . . duplicate of the receipt for his party assessment or pay the same, in accordance with the provisions of § 103.121 . . .

WETHERINGTON, v. O. ADAMS,, 309 F. Supp. 318 (N.D. Fla. 1970)

. . . .-061, 99.092 and 103.121 (1967), F.S.A. . . .

DIFFENDERFER, v. HOMER,, 408 F.2d 1344 (5th Cir. 1969)

. . . the receipt for his party assessment or pay the same, in accordance with the provisions of section 103.121 . . .

WETHERINGTON, v. O. ADAMS,, 406 F.2d 724 (5th Cir. 1969)

. . . . §§ 99.092, 103.121 (1967), F.S.A., under the Fourteenth Amendment to the United States Constitution . . .

VOCELLE, v. STATE, 13 Fla. Supp. 145 (Indian River Cty. Cir. Ct. 1958)

. . . Sections 103.111 and 103.121 (g), Florida Statutes 1957. . . .

WAGNER v. GRAY,, 74 So. 2d 89 (Fla. 1954)

. . . See Sections 100.061, 100.091, 100.111, 103.081 and 103.111 and 103.121, Florida Statutes 1953, F.S.A . . .

COLES v. ROBB, 69 So. 2d 322 (Fla. 1954)

. . . written out by the Legislature of Florida in Section 130.121, Florida Statutes Annotated, as follows: “103.121 . . .

SHELLY v. BREWER, 68 So. 2d 573 (Fla. 1953)

. . . Florida, and rights asserted under Chapter 103 F.S., F.S.A., and particularly Sections 103.111 and 103.121 . . . pursuant to and was governed by the laws of the State of Floridá, and in particular, Sections 103.111 and 103.121 . . . The bill then quotes from Section 103.121 F.S., F.S.A., and alleges that pursuant to said section the . . . The rights claimed by Shelly and Brewer are rights created by Sections 103.-111 and 103.121 F.S., F.S.A . . .

RAY, CHAIRMAN OF THE STATE DEMOCRATIC EXECUTIVE COMMITTEE OF ALABAMA, v. BLAIR, 343 U.S. 214 (U.S. 1952)

. . . . §§ 103.111 (3) and 103.121, Fla. Laws 1951, c. 26870. . . .