Rude v. Florida Elections Commission

District Court of Appeal of Florida

Rude v. Florida Elections Commission

370 So. 2d 809, 1979 Fla. App. LEXIS 14427

CourtDistrict Court of Appeal of Florida

DecidedApril 18, 1979

DocketNo. 78-385

StatusPublished

Cited by1 cases

This text of 370 So. 2d 809 (Rude 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.

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Rude v. Florida Elections Commission, 370 So. 2d 809, 1979 Fla. App. LEXIS 14427 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

The petitioner was found to have violated provisions of the Florida elections law, and civil fines were assessed against him. While we conclude that the findings of the Florida Elections Commission were without error, it is apparent that civil fines were imposed for violations that occurred prior to the time such authority was granted the Commission. Section 106.265, Florida Statutes (1977), authorizing the imposition of civil fines became effective on January 1, 1978, and most of petitioner’s violations occurred prior thereto and the fines levied on each such violation individually set forth.

Accordingly, the petition for writ of cer-tiorari is granted and the provisions of the order of January 24, 1978, assessing civil penalties for violations occurring prior to January 1, 1978, are quashed; and the Respondent, Florida Elections Commission, is hereby directed to conduct further proceedings in accord with the terms of this opinion.

DOWNEY, C. J., and ANSTEAD and LETTS, JJ., concur.

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PER CURIAM.

The petitioner was found to have violated provisions of the Florida elections law, and civil fines were assessed against him. While we conclude that the findings of the Florida Elections Commission were without error, it is apparent that civil fines were imposed for violations that occurred prior to the time such authority was granted the Commission. Section 106.265, Florida Statutes (1977), authorizing the imposition of civil fines became effective on January 1, 1978, and most of petitioner’s violations occurred prior thereto and the fines levied on each such violation individually set forth.

Accordingly, the petition for writ of cer-tiorari is granted and the provisions of the order of January 24, 1978, assessing civil penalties for violations occurring prior to January 1, 1978, are quashed; and the Respondent, Florida Elections Commission, is hereby directed to conduct further proceedings in accord with the terms of this opinion.

DOWNEY, C. J., and ANSTEAD and LETTS, JJ., concur.

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370 So. 2d 809, 1979 Fla. App. LEXIS 14427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rude-v-florida-elections-commission-fladistctapp-1979.

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