Dubow v. Florida Elections Commission

District Court of Appeal of Florida

Dubow v. Florida Elections Commission

485 So. 2d 18, 11 Fla. L. Weekly 635, 1986 Fla. App. LEXIS 6816

CourtDistrict Court of Appeal of Florida

DecidedMarch 11, 1986

DocketNo. 85-2010

StatusPublished

This text of 485 So. 2d 18 (Dubow v. Florida Elections Commission) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dubow v. Florida Elections Commission, 485 So. 2d 18, 11 Fla. L. Weekly 635, 1986 Fla. App. LEXIS 6816 (Fla. Ct. App. 1986).

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Opinion

HENDRY, Judge.

Alan Dubow, an unsuccessful candidate for state senate in 1984, appeals from a final order entered in an administrative proceeding, finding that he violated section 106.07, Florida Statutes (1983),¹ in that he failed to file certain financial reports required by that section. We reverse upon a finding that the section of the statute relied upon by appellee Florida Elections Commission does not apply to candidates but, instead, applies to campaign treasurers filing on behalf of a candidate. Appel-lee had to bootstrap inference upon inference to reach its conclusion that the statute places a coextensive duty on both the candidate and his campaign treasurer to file the required reports in a timely fashion. The plain language of the statute does not support appellee’s position. Therefore, the order under review is reversed.

Reversed.

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HENDRY, Judge.

Alan Dubow, an unsuccessful candidate for state senate in 1984, appeals from a final order entered in an administrative proceeding, finding that he violated section 106.07, Florida Statutes (1983),¹ in that he failed to file certain financial reports required by that section. We reverse upon a finding that the section of the statute relied upon by appellee Florida Elections Commission does not apply to candidates but, instead, applies to campaign treasurers filing on behalf of a candidate. Appel-lee had to bootstrap inference upon inference to reach its conclusion that the statute places a coextensive duty on both the candidate and his campaign treasurer to file the required reports in a timely fashion. The plain language of the statute does not support appellee’s position. Therefore, the order under review is reversed.

Reversed.

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Bluebook (online)

485 So. 2d 18, 11 Fla. L. Weekly 635, 1986 Fla. App. LEXIS 6816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dubow-v-florida-elections-commission-fladistctapp-1986.