Election Law Update

Election Law

 

The case of Florida Elections Commission v. Davis, Case No. 1D09-3716 (Fla. 1st DCA) currently pending before the First District Court of Appeal presents an issue of first impression as whether the Division of Administrative Hearings (DOAH), when acting pursuant to the final order authority granted by the Legislature in cases involving violations of Florida’s election laws, can impose an administrative civil penalty for violation of those laws. 

 

In a final order rendered in Florida Elections Commission v. Davis, Case No. 08-6413 (DOAH July 13, 2009), which can be found here, the administrative law judge concluded that DOAH was without authority to impose a civil penalty when a violation of Florida’s elections laws is found to have occurred in an administrative hearing referred to the DOAH pursuant to Section 106.25(5), Florida Statutes.  Since Chapter 120 does not authorize DOAH to impose civil penalties, the administrative law judge reasoned, “DOAH has authority to impose an administrative fine if the substantive statute expressly authorizes the imposition of an administrative fine.” 

 

Finding no authority to impose an administrative fine, the administrative law judge concluded that the authority of DOAH was limited to fact-finding necessary to determine whether a violation of Florida’s elections laws occurred. Once a violation is determined in proceedings before DOAH, it would then be up to the agency, in this case, the Florida Elections Commission (FEC), to impose the fine. 

 

The FEC appealed the final order to the First District Court of Appeal.  In its initial brief, the FEC argued that when the Legislature gave DOAH final order authority in cases involving violations of Florida’s election laws, it also authorized DOAH to impose a civil penalty upon finding a violation.  Review of the case docket reveals that James Davis, the Respondent in the proceeding below, has not appeared in the proceeding or responded to the FEC initial brief.

 

Prepared by:    Mark Herron

    mherron@lawfla.com