Hector Medina v. Kassandra Timothe
CourtDistrict Court of Appeal of Florida
Date FiledNovember 13, 2026
Docket3D2026-1967
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed November 13, 2026.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D26-1967
Lower Tribunal No. 26-17398-CA-01
________________
Hector Medina,
Appellant,
vs.
Kassandra Timothe, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Christopher
Green, Judge.
Law Firm of Juan-Carlos Planas, P.A., and Juan-Carlos Planas, for
appellant.
Straghn Law, PLLC, and Dedrick D. Straghn (Delray Beach), for
appellee Kassandra Timothe; Weiss Serota Helfman Cole & Bierman, PL.,
and Richard Rosengarten and Amanda Pulido, for appellee City of North
Miami.
Before SCALES, C.J., and LINDSEY, and REBULL, JJ.
PER CURIAM.
Hector Medina appeals a consolidated final declaratory judgment of
the trial court declaring that he failed to qualify as a candidate for the North
Miami City Council because the check he tendered for his qualifying fee was
not a properly executed check drawn upon the candidate’s campaign
account within the meaning of section 99.061(7)(a)1., Florida Statutes
(2026). The check was drawn on Medina’s campaign account, the Clerk
accepted his papers and deposited his check, and no one warned him of the
defect during the nine days that remained in the qualifying period. But,
dispositive to this appeal, the check was signed by Medina himself, who had
not been designated as his campaign treasurer or deputy treasurer. We
affirm.
I. BACKGROUND
Medina, desired to run for office as Councilmember in the City of North
Miami (the “City”), for District 2. The City’s municipal general election was
scheduled for November 3, 2026. The qualifying period for candidates
began on August 10, 2026, and ended at noon on August 20, 2026.
On April 6, 2026, Medina filed a Form DS-DE 9 appointing a campaign
treasurer and designating a campaign depository. On that form, he
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designated Alina Medina, his wife, as his campaign treasurer. He did not
designate himself as campaign treasurer or deputy campaign treasurer.
On August 11, 2026, Medina submitted his qualifying papers to the City
Clerk, including a check drawn on his campaign account to pay the qualifying
fee. That check was signed by Medina personally. The City processed the
papers and deposited the check, and it was paid by the bank. No one in the
Clerk’s office advised him of any problem with the check before the qualifying
period closed.
By letter dated August 20, 2026, appellee, Kassandra Timothe—
Medina’s opposing candidate—notified the City of the signature defect and
demanded that Medina be deemed disqualified. In response, Medina e-
mailed the City, insisting he properly qualified, arguing that the issues
Timothe complained of were of such hyper-technical levels that courts are
reluctant to use them as determiners of electoral issues, and that, under
Florida law, any doubt over candidacy should be resolved in favor of the
candidate. Upon review of the matter, the City concluded that Medina should
indeed be disqualified, and sent him a letter dated August 25, 2026, notifying
him.
II. PROCEDURAL HISTORY
On August 27, 2026, faced with competing threats of litigation, the City
filed its own action for declaratory relief and, to ensure a measure of fairness
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regardless of the outcome, transmitted to the Supervisor of Elections a ballot
that included Medina’s name. That same day, Timothe filed an emergency
complaint for declaratory and injunctive relief challenging Medina’s
qualification. The City’s companion declaratory action was consolidated into
Timothe’s case.
On September 1, 2026, the trial court held a hearing. By agreement of
all parties, the hearing constituted an expedited final hearing on the merits
pursuant to section 99.0211, Florida Statutes (2026). The trial court also
found that Medina conceded standing during that hearing. The question for
the trial court was whether Medina’s failure to have the check signed by the
campaign treasurer means the check was not “properly executed,” as
required by section 99.061(7)(a)1.
On September 3, 2026, the circuit court entered final judgment for
Timothe and granted the declaratory relief sought by both Timothe and the
City. The trial court found that Medina failed to satisfy the qualifying
requirement imposed by section 99.061(7)(a)1.; that the qualifying check he
executed and submitted was not a “properly executed check” within the
meaning of that statute; and that Medina is not a qualified candidate for the
District 2 seat. The court reasoned that Chapter 99, Florida Statutes (2026),
does not define “properly executed check”; that, under the Florida Supreme
Court’s decision in Amador v. Sec'y, Florida Dep't of State, No. SC2026-
4
1039, 2026 WL 2323248 (Fla. Aug. 11, 2026), an undefined term in section
99.061 must be construed by reference to related provisions of the Election
Code1; and that section 106.11(1)(b)4., Florida Statutes (2026), requires a
campaign-account check to bear the signature of the campaign treasurer or
deputy treasurer. The court expressly held that the action was a challenge
to Medina’s qualification under Chapter 99 and did not seek to enforce
Chapter 106, Florida Statutes (2026) as an independent private cause of
action.
Because Medina’s name had already been incorporated into the ballot,
the trial court did not order physical removal of his name. Instead, it directed
the Supervisor of Elections to implement the procedures prescribed by the
Florida Department of State’s DE Reference Guide 0007 for a candidate
judicially determined not to have qualified after ballots have been
programmed, including notice to voters that votes cast for Medina would not
be counted. The trial court also granted a limited stay through September 8,
2026, to permit expedited appellate review.
1
Section 100.3605(1), Florida Statutes (2026), states that “[t]he Florida
Election Code, chapters 97-106, shall govern the conduct of a municipality’s
election in the absence of an applicable special act, charter, or ordinance
provision.”
5
Medina timely appealed. 2
III. STANDARD OF REVIEW
We review the trial court's determination and interpretation of sections
99.061 and 106.11 de novo. See Wright v. City of Miami Gardens, 200 So.
3d 765, 770 (Fla. 2016); Martinez v. Hernandez, 227 So. 3d 1257, 1259 (Fla.
3d DCA 2017) (“[T]he standard of appellate review with respect to the
interpretation of a charter or ordinance is de novo.”). The controlling question
on this appeal is whether a campaign account check that was accepted by
the Clerk and honored by the bank, but signed by a candidate who was not
the designated campaign treasurer or deputy treasurer, was a "properly
executed check" under section 99.061(7)(a)1. If not, then Medina’s failure
to have the check signed by the campaign treasurer means the check was
not “properly executed,” and Medina was properly disqualified.3
2
We denied Medina’s emergency motion for stay but granted expedited
review on September 15, 2026, and denied his renewed motion for stay on
September 23, 2026. The municipal general election was held, as
scheduled, on November 3, 2026.
3
Because the facts were generally stipulated to, no transcript of the
September 1, 2026 hearing was included in Medina’s appendix. So,
Applegate does not bar review of the controlling issue, because it is a pure
question of law on undisputed facts. People's Tr. Ins. Co. v. Garcia, 263 So.
3d 231, 234 n.3 (Fla. 3d DCA 2019) (citation omitted) (“The rule of Applegate
v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla. 1979), applies only
where the trial court's decision turns on its resolution of contested facts.”);
Miami Dade Coll. v. Nader + Museu I, LLLP, 388 So. 3d 121, 125 (Fla. 3d
6
IV. ANALYSIS
A. Mootness
Because the election was held on November 3, 2026, the City argues
this appeal is moot. We decline this invitation to dismiss the appeal because
the issue presented is of great public importance and is likely to recur in
future elections. See Plante v. Smathers, 372 So. 2d 933, 935 (Fla. 1979)
(exercising jurisdiction even though the triggering election had already
occurred, where the issue was a “matter of great importance and of general
public interest and will probably recur in the next general election”); Junior v.
LaCroix, 263 So. 3d 159, 161 n.1 (Fla. 3d DCA 2018) (citation modified) (“It
is well settled that mootness does not destroy an appellate court's jurisdiction
when the questions raised are of great public importance or are likely to
recur.”).
B. “Properly Executed Check”
“In order for a candidate to be qualified” the filing officer must receive
by the end of the qualifying period “[a] properly executed check drawn upon
DCA 2023) (finding where “the issue presented . . . is a pure question of law
. . . the absence of a transcript is not fatal to our review”).
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the candidate's campaign account[.]” § 99.061(7)(a)1, Fla. Stat. (emphasis
added). And “[f]ailure to pay the fee as provided in this subparagraph shall
disqualify the candidate.” Id. Notably, Chapter 99 does not define “properly
executed.” The Florida Supreme Court’s recent Amador decision supplies
the controlling methodology for construing this phrase. See No. SC2026-
1039, 2026 WL 2323248 (Fla. Aug. 11, 2026).
In Amador, the undefined phrase was “campaign account” under
section 99.061(7)(a)1. See id. at *1. The Supreme Court instructed that “[t]o
help understand the meaning of” an undefined term in this context “one must
look to related statutes in the election code” and then consulted section
106.11(1)(a) to determine how a lawful qualifying check must be drawn. See
id.
Applying that instruction here to “properly executed,” which is found in
the same sentence of section 99.061(7)(a)1., we look to the Election Code
provision that prescribes how a campaign account check is executed.
Section 106.11(1)(a) provides that expenditures from the primary campaign
depository may be made “only by means of a bank check drawn upon the
campaign account of the candidate.” And section 106.11(1)(b)4. requires
that check to “contain, as a minimum, . . . [t]he signature of the campaign
treasurer or deputy treasurer.”
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Medina’s contrary assertion that the check is “properly executed”
simply because the Clerk accepted it and the bank honored it is irreconcilable
with the statutory text. If any campaign account check that clears is “properly
executed,” the phrase would do no work at all; the Legislature could have
required only a check drawn upon the candidate’s campaign account. The
added words must mean something. See Green v. Cottrell, 204 So. 3d 22,
27 (Fla. 2016) (citation omitted) (“[I]t is an elementary principle of statutory
construction that significance and effect must be given to every word, phrase,
sentence, and part of the statute if possible, and words in a statute should
not be construed as mere surplusage.”); see also Antonin Scalia & Bryan A.
Garner, Reading Law: The Interpretation of Legal Texts 174 (2012) (“If
possible, every word and every provision is to be given effect (verba cum
effectu sunt accipienda).”).
Reading “properly executed” together with section 106.11, as
Amador’s reasoning requires, both renders meaning to the phrase and
construes the related Election Code provisions in harmony. See State v.
Peraza, 259 So. 3d 728, 732 (Fla. 2018) (citation omitted) (“[W]here possible,
courts must give effect to all statutory provisions and construe related
statutory provisions in harmony with one another.”). Accordingly, contrary to
Medina’s argument, the court below did not add words to section
99.061(7)(a)1. Instead, it gave meaning to the words the Legislature drafted
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by, as Amador instructs, consulting the portion of the Election Code that
governs proper execution of this precise kind of check.
This construction of section 99.061(7)(a)1. has now been applied to
nearly identical facts by our sister court in Wright v. Gelin, 51 Fla. Weekly
D2284 (Fla. 4th DCA Oct. 28, 2026). 4 There, as here, a candidate personally
signed a campaign-account check without having been validly designated as
campaign treasurer or deputy treasurer. See Wright, 51 Fla. Weekly D2284
at *1. Similarly, the city clerk accepted his payment and deemed him
qualified. See id. The court reaffirmed that payment by a properly executed
campaign account check “is a basic qualification requirement and must be
strictly followed” under a “true bright line” rule whose violation requires
disqualification. See id. at *2. Accordingly, the court held that the fee was
not paid by a check properly executed on the primary campaign account
because section 106.11(1)(b)4. requires the check to contain the signature
of the campaign treasurer or deputy treasurer and the candidate’s check
contained neither. See id. at *3.
We find Wright’s reasoning sound and consistent with our decision in
Thompson v. N. Bay Vill., which recognized that section 99.061(7)(a)1.’s
requirement of a properly executed campaign account check is a genuine
4
Wright was decided after the parties briefed this appeal.
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condition of qualification. See 51 Fla. L. Weekly D1727 (Fla. 3d DCA Aug.
21, 2026), reh'g denied (Oct. 12, 2026) (affirming trial court’s strict
enforcement of section 99.061(7)(a)1. where candidate submitted a bank-
issued cashier's check, instead of a check drawn upon his campaign
account).
Here, it is undisputed that Medina’s qualifying check was a campaign
account expenditure, that Alina Medina was his designated treasurer, and
that Medina was not the treasurer or a deputy treasurer when he signed it.
So, Medina’s failure to have the check signed by his campaign treasurer, as
prescribed by section 106.11(1)(b)4. means the check was not “properly
executed,” as required by section 99.061(7)(a)1. This failure requires
disqualification. See § 99.061(7)(a)1, Fla. Stat.
C. Chapter 99 Private Action
Medina contends that the signature requirement derives from Chapter
106, that Chapter 106 creates no private right of action, and that any
irregularity in who signed the check lies within the exclusive jurisdiction of
the Florida Elections Commission. This premise is mistaken.
To begin with, the Final Judgment expressly rejects that
characterization:
This action is a challenge to Medina's qualification
under Chapter 99, Florida Statutes. Plaintiff does not
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seek to enforce Chapter 106 as an independent
private cause of action.
Further, the operative qualification requirement, and the source of
Medina’s disqualification, is section 99.061(7)(a)1. itself. See, e.g., Wright,
51 Fla. Weekly D2284 at *2. Section 106.11(1)(b)4. is consulted only to
supply the meaning of an undefined Chapter 99 term, which is exactly what
Amador did when it looked to sections 106.021 and 106.11 to construe
“campaign account.” See 2026 WL 2323248, at *2. So, the trial court’s
resort to Chapter 106 as an interpretive context to construe “properly
executed” does not transform a Chapter 99 qualification challenge into a
Chapter 106 enforcement proceeding.
D. Section 99.0211(2) Standing
Medina argues that Timothe does not have standing under section
99.0211(2) 5 because, in his view, it was enacted to address only party-
affiliation disputes and not a same-race candidate’s challenge to his
5
“A candidate must be able to satisfy all statutory and constitutional
requirements for the office for which he or she is seeking nomination or
election.” § 99.0211(1), Fla. Stat. (2026). “A candidate or a political party
with a candidate in the same race, . . . may challenge a candidate's
compliance with subsection (1) by filing an action for declaratory and
injunctive relief in the circuit court for the county in which the filing officer is
headquartered.” § 99.0211(2), Fla. Stat. (2026).
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qualification.6 But the trial court found that Medina conceded standing during
the hearing and all parties agreed that the September 1 hearing would
constitute a final adjudication on the merits under section 99.0211. We
therefore cannot reach the merits of this issue because Medina failed to
preserve the argument in the trial court. See, e.g., Joli v. Hannon, 336 So.
3d 343, 344 (Fla. 3d DCA 2021) (holding disqualified candidate's argument
on appeal that city clerk lacked standing to challenge her qualification was
waived where she did not object to clerk's standing below); Republic of
Ecuador v. Dassum, 255 So. 3d 390, 394 (Fla. 3d DCA 2017) (noting it is
“well-established that standing is an affirmative defense that must be raised
by the defendant to avoid waiver”).
E. Substantial Compliance
Medina emphasizes that the Clerk accepted his papers, deposited his
check, and never warned him of the defect during the nine days that
remained in the qualifying period. We are not persuaded by these facts.
Section 99.061(7)(c) expressly provides that the filing officer “performs a
ministerial function” and “may not determine whether the contents of the
qualifying papers are accurate.” So, the Clerk’s acceptance of Medina’s
6
Before the final merits hearing, Timothe filed a Supplemental Memorandum
of Law and Notice of Supplemental Authority expressly invoking the newly
enacted section 99.0211 as statutory authorization for a same-race
candidate to seek declaratory and injunctive relief.
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facially negotiable check says nothing about its legal sufficiency. Browning
v. Young, 993 So. 2d 64, 67–68 (Fla. 1st DCA 2008) (finding that “the official
accepting the papers has no obligation to advise the candidate that he or she
must take additional steps to meet all of the requirements[,]” and “is not
required to act as legal advisor for a candidate”). Responsibility for
compliance with the qualifying requirements rests with the candidate, not the
filing officer. Boatman v. Hardee, 254 So. 3d 604, 606, 607–09 (Fla. 1st DCA
2018) (affirming disqualification despite the deputy supervisor’s assurance
that nothing further was needed).
Nor does the doctrine of substantial compliance assist Medina. That
doctrine “does not apply to basic qualification requirements, like proper
payment of the fee.” Wright, 51 Fla. Weekly D2284 at *3; see also State ex
rel. Siegendorf v. Stone, 266 So. 2d 345, 347 (Fla. 1972) (finding substantial
compliance does not apply to basic requirements like “paying a proper fee,
the filing of necessary qualifying papers and registering to vote”). So, the
trial court correctly declined to treat the Clerk’s acceptance and the clearing
of the check as a substitute for section 99.061(7)(a)1.’s express statutory
requirements.
F. Policy Favoring Ballot Access
Finally, Medina invokes the strong policy favoring ballot access and
the rule that doubts about a candidate’s qualification should be resolved in
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favor of candidacy. See Vieira v. Slaughter, 318 So. 2d 490, 492 (Fla. 1st
DCA 1975) (“The imposition of restrictions upon the right of a person to hold
public office should receive a liberal construction in favor of the people
exercising freedom of choice in the selection of their public officers.”). We
need not resort to this policy as there is no doubt here about Medina’s
qualifications. The Florida Supreme Court has made clear that in drafting
section 99.061(7)(a)1. the Legislature intended to effect “a true bright line.”
See Wright v. City of Miami Gardens, 200 So. 3d 765, 771–72 (Fla. 2016).
And because the statute is not ambiguous, there is no occasion to deploy
such canons and policy that depend on ambiguity. See id. at 772. This may
be a harsh result, but a generalized preference for candidacy cannot displace
a clear statutory command.
Medina’s reliance on City of Miami Gardens is misplaced. There, the
Supreme Court found section 99.061(7)(a)1. unconstitutional as applied to a
candidate whose properly executed check was returned solely because of a
bank error beyond his control. See id. at 772. The Court was careful to note
that, “[f]or those prospective candidates who tender properly executed
checks,” the statute “poses no problem.” Id. at 776. Medina’s circumstance
is the opposite. Who served as his campaign treasurer and who signed his
qualifying check were matters entirely within his control, fixed by his own filed
designation and his own signature. He has not raised a constitutional
15
challenge to the signature requirement. And the trial court did not disqualify
Medina for another’s error; it enforced a clear statutory condition that he
failed to satisfy.
V. CONCLUSION
The trial court correctly construed section 99.061(7)(a)1. in light of
Amador and section 106.11(1)(b)4., correctly finding that Medina’s campaign
account check was not properly executed and so section 99.061(7)(a)1.
required his disqualification. The remaining issues Medina raises do not
warrant reversal. Accordingly, we affirm.
Affirmed.
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