1 | P a g e

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR

LEE COUNTY, FLORIDA CIVIL ACTION

LARRY AGUILAR,

Petitioner,

vs. CASE NO.:

Judge

KEN DETZNER, in his official capacity as

Secretary of State for the State of Florida

Respondent.

_________________________________//

VERIFIED PETITION FOR WRIT OF QUO WARRANTO

OR, ALTERNATIVELY, PETITION FOR WRIT OF MANDAMUS AND

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

COMES NOW, the Plaintiff, LARRY AGUILAR, by and through his undersigned

attorneys, and sues Respondent, KEN DETZNER, in his official capacity as Secretary of State

for the State of Florida and alleges as follows:

INTRODUCTORY STATEMENT

1. This is an action for writ of quo warranto pursuant to Article V, section 3(b)(8) of the

Florida Constitution and Florida Rule of Civil Procedure 1.630. In addition, this is an

action for declaratory and injunctive relief.

2. Petitioner, LARRY AGUILAR, (“Petitioner”), a candidate for State Representative

District 79, hereby petitions this Court to issue a writ of quo warranto directed to

Respondent, KEN DETZNER, as Secretary of State, to declare his action of precluding

Petitioner from being put on the ballot for consideration of State Representative for

District 79 for the August 26, 2014 primary election to be unlawful. To the extent

necessary, the Petitioner requests the issuance of a writ of mandamus requiring the

Filing # 15899149 Electronically Filed 07/15/2014 02:35:08 AM

2 | P a g e

Respondent to place the Petitioner, LARRY AGUILAR, on the ballot for the District 79,

Florida State Representative seat.

PARTIES AND JURISDICTION

3. At all times relevant to this petition, the Petitioner, LARRY AGUILAR, was and

continues to be a resident of Lee County, Florida and a candidate for the Florida State

Representative race for District 79.

4. Florida’s District 79 is a Florida electoral district that encompasses portions of Lee

County, Florida.

5. Petitioner, LARRY AGUILAR, is a candidate affiliated with the Democratic Party. Mr.

Aguilar, is the only Democratic candidate running for the position of State Representative

in District 79.

6. A primary election for the State House of Representative seat for District 79 is set to

occur for all qualified candidates on August 26, 2014. If the election proceeds without

the Petitioner, LARRY AGUILAR, on the ballot, then the primary election set for August

26, 2014 will serve as a general election for the seat.

7. The Division of Elections (“Division”) is a division of the Florida Department of State.

The Division is tasked with the responsibility of administering elections in the State of

Florida, among other things. In addition, the Division of Elections conducts the process

by which candidates for public office are qualified to be placed on the ballots utilized by

Florida’s voters in elections.

8. Respondent, KEN DETZNER, in his official capacity as Florida Secretary of State, is a

state officer pursuant to Article IV, Section 6 of the Florida Constitution and is the chief

administrative officer for the Department of State, an agency of the State of Florida.

3 | P a g e

9. As such, Respondent, KEN DETZNER, is subject to suit based upon the actions of the

Division of Elections.

10. Venue is proper before this Court because the acts complained of have their chief impact

in, Lee County, Florida.

WRIT OF QUO WARRANTO

11. This Court has jurisdiction pursuant to Article V, sections 3(b)(7) (all writs) and 3(b)(8)

(quo warranto) of the Florida Constitution.

12. Pursuant to Article V, section 3(b)(7), this Court may “issue . . . all writs necessary to the

complete exercise of its jurisdiction” and pursuant to Article V, section 3(b)(8), this

Court may “issue writs of . . . quo warranto to state officers and state agencies.”

13. The writ of quo warranto historically has been used to determine whether a state officer

or agency has improperly exercised a power or right derived from the State. See Martinez

v. Martinez, 545 So.2d 1338, 1339 (Fla. 1989).

14. In addition, the writ of quo warranto is a proper remedy for contesting the authority of

public officers and agencies in actions taken in their official capacities. See Crist v.

Florida Association of Criminal Defense Lawyers, Inc., 978 So. 2d 134 (Fla. 2008). See

also State ex rel Butterworth v. Kenny, 714 So. 2d 404, 406 (Fla. 1998) (Confirming that

a writ of quo warranto may be utilized to prevent the Office of the Capital Collateral

Regional Counsel (OCRC) from representing death row inmates in civil rights lawsuits

and to require withdrawal of their representation from all such pending civil cases).

WRIT IN MANDAMUS

15. “For the issuance of a writ of mandamus, the petitioner must demonstrate a clear legal

right to the performance of a ministerial duty by the respondent and that no other

4 | P a g e

adequate remedy exists.” See Pino v. District Court of Appeal, Third Dist., 604 So.2d

1232, 1233 (Fla. 1992).

16. Petitioner, LARRY AGUILAR, will demonstrate through this petition that he has a right

to the relief described in this Petition.

STATEMENT OF THE FACTS

17. On June 17, 2014, Petitioner, LARRY AGUILAR, mailed all required documents and

fees required to declare his candidacy and qualify as a candidate for the November 4,

2014 Florida State Representative race for District 79—a state electoral district that

encompasses portions of Lee County, Florida.

18. Petitioner, LARRY AGUILAR, submitted his application to qualify as a candidate for

Florida State Representative for District 79 well in advance of the deadline of June 20,

2014 at noon.

19. These documents included the Loyalty Oath (Candidate with Party Affiliation) (Form

DSDE 24), Full and Public Disclosure of Financial Interest (form 6), and the filing fee of

$1,781.82. A copy of these documents are attached as Exhibits "A", "B", and "C"

respectively and are incorporated by reference herein.

20. Petitioner, LARRY AGUILAR, mailed his qualifying materials via Certified Mail.

Those materials arrived at the Tallahassee mail facility where the Division’s mail box sits

on June 19, 2014 at 8:06am. The qualifying materials were available for pickup by the

Division of Elections on June 20, 2014 at 9:46am. The United Stated Postal Service’s

(USPS) tracking system confirms that the Petitioner’s qualifying materials was available

for pickup to the department prior to the deadline of June 20, 2014 at noon. A true and

correct copy of the USPS tracking receipt for the above described qualifying materials

5 | P a g e

along with the proof of mailing and signature cards are attached hereto as Composite

Exhibit “D.”

21. On June 20, 2014 just after the noon deadline, the Division’s website indicated that

Petitioner, LARRY AGUILAR, “did not qualify” as a candidate for the District 79 seat.

22. On June 20, 2014 at approximately 12:46pm, Petitioner, LARRY AGUILAR, contacted

the Division by telephone and spoke to a mail clerk for the Division identified as

“David.”

23. David stated that the Division has a policy of picking up mail twice each day—once just

before 11am and again at some time just after 2pm. David indicated that the Division’s

mail was not picked up on the morning of June 20, 2014 despite the department’s policy

of receiving its mail just before 11am. Further, the Division failed to pick up mail on the

morning of its noon, June 20, 2014 deadline.

24. The Division failed to pick up Petitioner’s qualifying materials until June 23, 2014 at

7:29am.

25. On June 24, 2014, the Petitioner, LARRY AGUILAR, submitted correspondence through

counsel to the Respondent, KEN DETZNER. The correspondence requested that the

Respondent reconsider the determination that Petitioner, LARRY AGUILAR, did not

qualify as a candidate for the State Representative District 79 seat. A true and correct

copy of the correspondence is attached hereto as Exhibit “E.”

26. In a letter dated June 27, 2014 the Division of Elections stated that the Petitioner’s check

was received on June 19, 2014 before the qualifying deadline. The correspondence

further indicated that Petitioner, LARRY AGUILAR, did not qualify as a candidate. A

true and correct copy of the Division’s correspondence is attached hereto as Exhibit “F.”

6 | P a g e

27. The Florida Department of State has not reversed its erroneous decision that the

Petitioner, LARRY AGUILAR, failed to submit his qualifying materials on time.

28. The qualifying documents and materials of the Petitioner, LARRY AGUILAR, were

received in the mailbox of the Division prior to the close of qualifying period.

29. The Petitioner’s qualifying documents were in Tallahassee and available for pick-up by

the Division at its mail box at 9:46 a.m. on June 20, 2014.

30. The Division took no action to pick-up Mr. Aguilar’s qualifying papers on Friday

morning, June 20, 2014. The Division failed to take actual possession of the Petitioner’s

qualifying documents and materials until June 23, 2014 at 7:29 a.m.

31. Had the Division picked-up Mr. Aguilar’s qualifying documents and materials, Mr.

Aguilar would be a duly qualified candidate for the District 79, State Representative seat.

32. There was no lack of diligence on the part of Mr. Aguilar in delivering his qualifying

documents, as he mailed his qualifying documents and materials by certified mail on the

Tuesday prior to the Friday close of qualifying.

33. Because Petitioner, LARRY AGUILAR, is not deemed a candidate for the State

Representative seat for District 79, he is precluded from raising campaign funds. He is

further disadvantaged by not being able to actively campaign for the seat.

FLA. STAT. 684.0005 –RECEIPT OF WRITTEN COMMUNICATIONS

34. Section 684.0005, Florida Statutes, provides as follows:

684.0005 Receipt of written communications.—

(1) Unless otherwise agreed by the parties, a written communication is

deemed to be received if it is delivered to the addressee personally or if it

is delivered to the addressee’s place of business, habitual residence, or

7 | P a g e

mailing address. If one of these locations cannot be found after a

reasonable inquiry, the written communication is deemed to be received if

it is sent to the addressee’s last known place of business, habitual

residence, or mailing address by registered letter or any other means that

provides a record of the attempt to deliver it. The communication is

deemed to be received on the day it is delivered.

(2) This section does not apply to communications in court proceedings.

(Emphasis added).

NATURE OF THE RELIEF SOUGHT

35. Petitioner, LARRY AGUILAR, requests that this Court to issue a writ of quo warranto

directed to KEN DETZNER, in his official capacity as Secretary of State for the State of

Florida, to declare his action of precluding Petitioner, LARRY AGUILAR, from being

put on the ballot for consideration of State Representative seat for District 79 for the

November 4, 2014 election to be unlawful and to issue a writ of mandamus mandating

Secretary Detzner to put Petitioner, LARRY AGUILAR, on the ballot for such

consideration by the electorate. In addition, Petitioner, LARRY AGUILAR, requests that

the Court grant emergency relief in the form of a stay of the election for State

Representative seat for District 79 pending disposition of this petition.

ARGUMENT

36. Attorney General Opinion No. 054-75, dated March 24, 1954 is on point at to the

facts in this case. In that opinion the Florida Attorney General considered the

question of whether the qualifying application of a candidate for a county

commission seat was timely submitted pursuant to §99.061, Fla. Stat. The

8 | P a g e

Attorney General opined in the affirmative that the materials were timely

submitted.

37. The facts in the Attorney General opinion are identical to the facts at issue, the

candidate’s application materials was mailed in advance of the qualifying

deadline and was in the in the mail box of the public official responsible for the

receipt of qualifying applications prior to the deadline.

38. Identical to the facts involving Mr. Aguilar, the persons responsible for picking-

up the public official’s mail picked-up the qualifying materials after the

qualifying deadline, even though candidate’s qualifying materials were available

in the public official’s mailbox prior to the deadline.

39. The Attorney General Opinion found that the qualifying materials were

considered “delivered” to the public official pursuant to §99.061 Fla. Stat.

because the items were in the public official’s post office box and available for

pickup prior to the deadline. Therefore, delivery to the public official was

accomplished by according to the date the qualifying materials were available for

pick-up in the public official’s mailbox.

40. The Attorney General’s determination turned on the fact that there was “no lack of

diligence on the part of the persons seeking to qualify” and as such delivery was

accomplished upon delivery to the mailbox of the public official.

41. In the case at issue, Petitioner, LARRY AGUILAR, mailed the qualifying materials

several days prior to the qualifying deadline. The materials were available for pickup in

the official mailbox of the Department of State, Division of Elections several hours prior

to the qualifying deadline.

9 | P a g e

42. The Petitioner, LARRY AGUILAR, was in no way responsible for the Division’s failure

or refusal to pick up all qualifying packages that were available in their official mailbox

prior to the deadline.

43. Given that there was no lack of diligence on the part of Mr. Aguilar, the Court must rule

that Mr. Aguilar’s materials were timely received and that the Division should be

compelled to review the qualifying materials for completeness.

WHEREFORE, the Petitioner, LARRY AGUILAR, demands the issuance of a writ of

quo warranto and if necessary a writ of mandamus 1) declaring that the determination by the

Respondent that the Petitioner, LARRY AGUILAR, did not qualify as a candidate for State

Representative in and for District 79 to be in error; and 2) requiring the Respondent to review the

Petitioner’s qualifying materials and after doing so, placing Petitioner, LARRY AGUILAR, on

the ballot as a duly qualified candidate for the State Representative, District 79 seat; 3) issuing an

order staying the August 26, 2014 primary election for State Representative, District 79 all

attempts to and for such other relief as this Court deems just and equitable under the

circumstances.

COUNT II - DECLARATORY AND INJUNCTIVE RELIEF

(Temporary and Permanent Injunction Requested)

44. Petitioner, LARRY AGUILAR, repeats and re-alleges the Paragraphs 1 through 43,

inclusive, as is set forth at length herein.

45. This is an action for a declaratory judgment and supplemental injunctive relief. This

Court has jurisdiction under Sections 86.011 and 86.061, Florida Statutes. Venue lies in

Lee County under Section 47.011, Florida Statutes.

46. Section 99.061(1), Florida Statutes provides in pertinent part as follows:

10 | P a g e

99.061 Method of qualifying for nomination or election to federal, state, county,

or district office.—

(1) The provisions of any special act to the contrary notwithstanding, each

person seeking to qualify for nomination or election to a federal, state, or

multicounty district office, …, shall file his or her qualification papers with, and

pay the qualifying fee, which shall consist of the filing fee and election

assessment, and party assessment, if any has been levied, to, the Department of

State, … at any time after noon of the 1st day for qualifying, which shall be as

follows: … noon of the 71st day prior to the primary election, but not later than

noon of the 67th day prior to the date of the primary election, for persons seeking

to qualify for nomination or election to a state or multicounty district office...

47. Thus, Petitioner, LARRY AGUILAR, qualified as a candidate for State Representative

for District 79 because Petitioner filed his application before the deadline for filing at the

mail box designated by the Department of State.

48. Pursuant to Section 684.0005, Florida statutes the Petitioner’s qualifying materials and

documents were “deemed to be received” by the Department of State because the

materials were “delivered to the addressee’s … mailing address.”

49. Notwithstanding Mr. Aguilar’s timely submitted qualifying materials for the District 79

State Representative seat, the Department of State declared that Mr. Aguilar did not

qualify as a candidate to be placed on the ballot.

50. The declaration by the Division of Elections that Mr. Aguilar did not qualify as a

candidate has had irreparable negative effects on Mr. Aguilar and his campaign.

51. Pursuant to Section 106.141(1), Florida Statutes, Mr. Aguilar (as an eliminated

11 | P a g e

candidate) shall, within 90 days of his disqualification dispose of his campaign funds and

“may not accept any contributions” nor permit any person to accept contributions on his

behalf.

52. Thus, Petitioner, LARRY AGUILAR, is without an adequate remedy at law.

53. In order to prevent irreparable harm, Mr. Aguilar is in need of a declaratory relief by this

Court accompanied by supplemental injunctive relief.

WHEREFORE, Petitioner, LARRY AGUILAR, respectfully requests that the Court enter

judgment as follows:

1) Declaring that Mr. Aguilar’s qualifying application was timely filed such that Mr.

Aguilar is a duly qualified candidate for the State Representative, District 79 seat;

2) Declaring that Petitioner, LARRY AGUILAR, is reinstated as a candidate for the

State Representative, District 79 seat such that Mr. Aguilar can continue to raise

campaign funds until a final determination is made as to the matters at issue herein;

3) Temporarily and permanently enjoining Defendant, KEN DETZNER, from

maintaining his department’s ruling that Mr. Aguilar did not qualify as a candidate;

4) Directing the Secretary of State to place Mr. Aguilar’s name on the primary and

general election ballots as the Democratic candidate for State Representative, District

79 being held on August 26, 2014 and November 4, 2014, respectively; and

5) Such other relief as this Court deems just and equitable under the circumstances.

VERIFICATION

Under penalty of perjury, I declare that I have read the foregoing Veri fied Petition, and the facts

alleged therein are true and correct to the best of my knowledge and belief.

STATE OF FLORIDA ) COUNTY OF LEE )

The foregoing instrument was sworn to, subscribed and acknowledged before me thi s

14th day of Jul y, 2014, by LAZARO " LARRY" AGUILAR, who D is personally known to me

or who ~ has produced dMWN~ { ,·UJY) SQ... as identification and who did take an oath.

Respectfully Submitted

Dated:~ \Jf,z_o /;_{

Notary Public Printed Name

ESMOND J. LEWIS, Esq.

ESMOND LEWIS, P.A. 5237 Summerlin Commons Blvd. Suite 315 Fort Myers, FL 33907 (239) 337-6563, Phone

(866)724-0342, Facsimile

B~:q'L Esmond J. Lew1s, Esq. Florida Bar#: 089431

EXHIBIT A

CANDIDATE OATH-CANDIDATE WITH PARTY AFFILIATION

Not Valid fo

1-=?ECE1 V1--0 !Y:-p •. r· r '-'[.!.! f1 O~

.. · · · · · · -~ r- s r A r :-

2014 JUN 23 AN 9: 2J

Qualifyln..JP:::,'; ; o~ qF ELrsno~·:5 y 1• l .. AhA SS!:.[, FL

OATH OF CAN Dl DATE (Section 99.021, Florida Statutes)

I, Larry Aguilar

OFFICE USE ONLY

(PLEASE PRINT NAME AS YOU WISH IT TO APPEAR ON THE BALLOT*- NAME MAY NOT BE CHANGED AFTER THE END OF QUALIFYING)

am a candidate for the office of State Representative 79 N/A (office) (district#) (circuit#)

N/A ; I am a qualified elector of Lee County, Florida; I am qualified ------------- ----------------------------(group or seat l\1)

under the Constitution and the Laws of Florida to hold the office to which I desire to be nominated or elected; I have qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with the office I seek; and I have resigned from any office from which 1 am required to resign pursuant to Section 99.012, Florida Statutes; and I will support the Constitution of the United States and the Constitution of the State of Florida.

Candidate's Florida Voter Registration Number (located on your voter information card): _1_0_3 __ 1_1_1_8_2_1 ____________ _

* Please print name phonetically on the line below as you wish it to be pronounced on the audio ballot for persons with disabilities (see instructions on page 2 of this form):

Larry Aguilar

STATE OF FLORIDA

COUNTY OF L -e.. e.__.,

STATEMENT OF PARTY (Section 99.021. Florida Statutes)

cratic Party; 1 have not been a registered member of any other political b ginniri f qualifying preceding the general election for which I seek to qualify; and I have paid

me, if an , as a candidate for said office by the executive committee of the political party, of

(239) 919-4 777 larryaguilarfldistrict79@gmail.com

Telephone Number Email Address

Lehigh Acres Florida 33972 City State ZIP Code

Sworn to (or affirmed) and subscribed before me this 17 day of :fit of L , 20J}j_. Personally Known: ____ or

Produced Identification:_/ ___ _

Type of Identification Produced1;-r LOr,'Ofl /J/';!J&VJ L ~~'----"

DS·DE 24 {Rev. 5/11)

~~d-Ue< Si ature of Notary Pubhc

JUDITH KUHN ~otary P•Jtlilc Sta!e of F1or1aa

Comm1ss•on# EE 134145 Mv comm exo•res NaY 11 20 15

Rule 15-2.0001 , F.A.C.

EXHIBIT B

FORM 6 FULL AND PUBLIC DISCLOSCRJ&.~~f\~o 2013 Plea~e pnnt or type your name, mailing :I FINANCIAL INTERESTS 2~4 -·· -F~~ oFFICE use· oNLY: addre~s agency name, and posttion below:

JllN-23 'PJ1 9:23 --LAST 'JAI\/r- ~IRST NAME- MIDDLE NAME: Aguilar, Larry )IVfC"•e ,

MAILING ADDRESS :/' ;,-; OF EU ,, · , .. I . A fl t. r· (' r:- ,, Tf 0 W; 816 McK1nley Avenue .1.d~o).:-: ~. r:-L ~..

C:IIY ~IP: COUNTY

Lehigh Acres 33972 Lee NAME OF AGENCY

Flonda St~te House Not Valid for Qualifying NAME OF -11;:-, IS A FlUNG BY A CANDIDATE [d

PART-\- '\;FT \\ 0\HH

Ple

PART D -- rNC0.\1'1::

You may EITHER {1 ) file a complete copy of your 2012 federal income tax return. includ111g all W2's. schedules. and attachments. OR (2) file a sworn statement 1dennrymg each separate source and amount of 1ncome wh1ch exceeds $1.000. including secondary sources of income, by complet,ng the remainder of Part D. below.

D I elect to f!le a copy of my 2012 fede.al income tax return and all W2's. schedules. and attachments. [If you check this box and attach a copy of your 2012 tax retum. you need not complete the remainder of Part D.]

PRIMARY SOURCES OF INCOME {See instructions on page 51: NAME OF SOURCE OF INCOME EXCEEDING $1 ,000 ADDRESS OF SOURCE OF INCOME AMOUNT

-0

SECONDARY SOURCES OF INCOME [Major customers, clients, etc .. of businesses owned by reportmg person-see 1nstruct1ons on page 5]: NAME OF NAME OF MAJOR SOURCES ADDRESS PRINCIPAL BUSINESS

BUSINESS ENTITY OF BUSINESS' INCOME OF SOURCE ACTIVITY OF SOURCE

-0

PARTE -INTERESTS IN SPEUFIF.O RUSI~ESSES Jinstructions on page 6)

BUSINESS ENTITY# 1 BUSINESS ENTITY# 2 BUSINESS ENTITY# 3 NAME OF BUSINESS ENTITY ADDRESS OF BUSINESS ENTITY PRINCIPAL BUSINESS ACTIVITY POSITION HELD WITH ENTITY I OWN MORE THAN A 5% INTEREST IN THE BUSINESS NATURE OF MY OWNERSHIP INTEREST

IF Al\ Y OF PARTS A THROl.:GH E ARE CONTI~UED ON A SEPARATE SHEET, PLE.ASE CHECK HERE 0

OATH STATE OF FLORIDA COUNTY OF Le__~

I, the person whose name appears at the Sworn to (or affirmed) and subscnbed before me thiS J7 day of beginning of thiS form, do depose on oath 01 affinmation --- . 20 Li by lt-z 4 R 0 !10ttl/;4e_ and say that the 1nformat1on d1sclosed on this form ~ \/II>J s. and any attachments hereto is true, accurate,

rJwt:rP W-v-ood~e•e 7 - -....\ ate of Flon da) ,~.,.. ·~ ·:iuolrH'KuH~ -uunL-

-/a~~viJ4 ~ "" .. Nutary PubliC State of Flonda 0 : n r:nmmJSSJOn!l EE 134145 ~!{QOiilrtiYil~IQ!"SS41!1}1i:l CQO'llV sioned Name of Notary Public) ~~r~r {J"" OFJ!f~R CANDIDATE Personally Known ______ OR Produced Identification v

Type of Identification Produced F£.cJI'I1J4 /}/'I'{/ (..0 t I (.f/11.d .{!__, FILING INSTRUCTIONS for when and where to file this form are located at the top of page 3. INSTRUCTIONS on who must file this form and how to fill it out begin on page 3. OTHER FORMS you may need to file are described on page 6.

CE ~0Rt .. 1 b · E'ff"!c.ti'Je Ja,ucvy 1 :l01J. Ref~rto Rule.J.4-6.002.{1 }, F.A.C. PAGE 2

EXHIBIT C

LARRY AGUILAR CAMPAIGN ACCOUNT DIST 79 PRIMARY

PO BOX 151807 CAPE CORAL FL 33915.1607

ACH RIT 063100277

2D14 JUN 23 AM 9: 23

Not Valid for Qualifying

1014 63·27~31 Fl

222

EXHIBIT D

LEGAL

Privacy Policy › Terms of Use › FOIA › No FEAR Act EEO Data ›

ON USPS.COM

Government Services › Buy Stamps & Shop › Print a Label with Postage › Customer Service › Delivering Solutions to the Last Mile › Site Index ›

ON ABOUT.USPS.COM

About USPS Home › Newsroom › USPS Service Alerts › Forms & Publications › Careers ›

OTHER USPS SITES

Business Customer Gateway › Postal Inspectors › Inspector General › Postal Explorer › National Postal Museum ›

Copyright© 2014 USPS. All Rights Reserved.

Search USPS.com or Track Packages

USPS Tracking Customer Service ›Have questions? We're here to help.

Track It

™

Postal Product:First-Class Mail Certified Mail Return Receipt

Features:

Product & Tracking Information

DATE & TIME STATUS OF ITEM LOCATION

June 23, 2014 , 7:29 am Delivered TALLAHASSEE, FL 32311

Your item was delivered at 7:29 am on June 23, 2014 in TALLAHASSEE, FL 32311.

June 20, 2014 , 9:46 am Available for Pickup TALLAHASSEE, FL 32311

June 19, 2014 , 8:44 am Sorting Complete TALLAHASSEE, FL 32301

June 19, 2014 , 8:06 am Arrival at Unit TALLAHASSEE, FL 32301

June 18, 2014 , 10:02 pm Depart USPS Sort Facility TALLAHASSEE, FL 32301

June 18, 2014 , 8:15 pm Processed through USPS Sort Facility TALLAHASSEE, FL 32301

June 17, 2014 , 10:05 pm Depart USPS Sort Facility FORT MYERS, FL 33913

June 17, 2014 , 8:49 pm Processed through USPS Sort Facility FORT MYERS, FL 33913

June 17, 2014 , 5:41 pm Depart Post Office LEHIGH ACRES, FL 33936

June 17, 2014 , 2:18 pm Acceptance LEHIGH ACRES, FL 33936

Available Actions

Text Updates

Email Updates

Tracking Number: 70140510000018823633

Expected Delivery Day: Friday, June 20, 2014

® ™

Track Another Package What's your tracking (or receipt) number?

Customer Service USPS MobileEnglish Register / Sign In

Page 1 of 2USPS.com® - USPS Tracking™

7/15/2014https://tools.usps.com/go/TrackConfirmAction?qtc_tLabels1=70140510000018823633

Page 2 of 2USPS.com® - USPS Tracking™

7/15/2014https://tools.usps.com/go/TrackConfirmAction?qtc_tLabels1=70140510000018823633

• C

ompl

ete

Item

s 1,

2, a

nd 3

. Als

o co

mpl

ete

Item

4 If

Res

trict

ed D

eliv

ery

Is d

esire

d.

• P

rint y

our n

ame

and

addr

ess

on th

e re

vers

e so

that

we

can

retu

rn th

e ca

rd t

o y

ou.

. 11

A

ttach

this

car

d to

the

back

of t

he mal

lple

c~. ~

......

or o

n th

e fr

ont I

f spa

ce p

erm

its.

1. M

iele

Add~ to

: ,

:"b:\·"~~ o~~A£

-;.(

t; ~·A·

-~ ~.:

~~:-

3,~

. Svt>

· ~ ~~~ ~·

A.

Sig

natu

re

X

B.

D.

Is d

eliv

ery

addr

ess

diffe

rent

from

Item

17

If Y

ES

, en

ter d

eliv

ery

add

ress

bel

ow:

.-~~~fi:;J-z31tf-lll.!"V I

.. ·--

·--.

.. -·

--·-

·-·

. 2.

Arti

cle

Num

ber

(li'a

nsfe

r fro

m s

ervi

ce la

beQ

70

14

OSl

O

0000

18

82

3b33

PS

For

ni 3

811.

Feb

ruar

y 20

04

Dom

estic

Ret

urn

Rec

eipt

0A

ge

nt

Yes

O

No

1025~-M-1640

.

.. ... _

,, ... , W' ca' :;;; o::. UJ• en-.;!}"

~; (f) ,

~: en UJ

~ I-' en 0 UJ 1-z ::::>

• X 0 .0

i...: Q) -o c Q)

(/)

•

::

U.S

. Pos

tafS

rvi

cer,

.C

ERfi

FIED

·MAI

L;~

RE

CE

IPT

-(

Dom

estl.

c M

all

Ofil

y; N

o ln

sura

,nr;

e C

ove

rag

e P

rovi

de

d)

~ .. iri•~·~~

.m~,C:~L\~'~4~~

~~~a~r:~.M~,.~~~r~~~:

~u~~D"!'~h~m~. '3

'~·'~1!i''~A~"~Y~m

~. ~~c:c, l'~h~'

l~·~::a~:a~!1~~~-:~a

~.~~~~~~·M•_•_••

~l tO

tO

....=

I C

or1i

0od

Foo

·

Cl

Ret

urn

Roc

ofpt

Feo

~

(End

orso

mon

t R

oqul

rod)

1---------l

Cl

Ros

1rlc

tod

oonv

ory'

Foo

(E

ndor

som

onl R

equi

red)

1-----

-----l

Tot

nl P

os1a

go &

Fo

os I $

I

Certi

fied

Mal

l Pro

vide

s:

,-" '

• A

mai

ling

rece

ipt

a A

un

iqu

e Id

entif

ier f

or y

ou

r m

aiiJ

)I6ce

•

• cr

A r

ecor

d o

f del

iver

y ke

pt b

y th

e P

osta

l Ser

vice

for t

wo

ye

ars

,

Imp

ort

ant

Rem

ind

ers:

•

Cer

tifie

d M

ail m

ay

ON

LY b

e c

ombi

ned

with

Fir

st-C

lass

Ma

ile o

r P

rior

ity M

all&

-•

Cer

tlfle

d M

aill

s no

t ava

ilabl

e fo

r an

y cl

ass

of i

nte

ma

llon

al m

all.

'

a N

O I

NS

UR

AN

CE

CO

VE

RA

GE

IS

PR

OV

IDE

D

wi1

h C

ertif

ied

Mai

l. F

or

valu

able

s, p

leas

e co

nsid

er In

sure

d o

r R

egis

tere

d M

ail.

1!1 F

or a

n a

ddi

tiona

l fee

, a

Ret

urn

Rec

eipt

may

be

req

uest

ed t

o p

rovi

de

pro

of o

f de

liver

y. T

o ob

tain

Ret

um R

ecei

pt s

erv1

ce, p

leas

e co

mpl

ete

an

d a

ttach

a R

etur

n R

ecei

pt (P

S F

orm

38

11

) to

the

artic

le a

nd

ad

d a

pplic

able

pos

tage

to

cov

er t

he

fe

e. E

ndor

se m

a/lp

iece

'Ret

urn

Rec

eipt

Req

uest

ed'.

To r

ijcei

ve a

fee

wai

ver f

or

a du

plic

ate

retu

rn r

ecei

pt, a

US

PS

0 po

stm

ark

on y

ou

r C

ertif

ied

Mal

l rec

eipt

is

requ

ired

. •

Fo

r an

ad

ditio

nal

fee,

de

liver

y m

ay

be

res

tric

ted

to t

he

addr

esse

e o

r ad

dres

see'

s au

thor

ized

age

nt. A

dvis

e th

e cl

erk

or

ma

rk th

e m

ailp

iece

with

the

endo

rsem

ent

'Res

tric

tedD

eliv

ery'

. a~ I

f a p

ostm

ark

on t

he C

ertif

ied

Mal

l rec

eipt

Is d

esir

ed, p

lea

se p

rese

nt

the

art

l· cl

e a

t th

e p

ost

off

ice

for

post

mar

king

. It

a

post

mar

k o

n t

he C

ertif

ied

Ma

il re

ceip

t is

no

t nee

ded,

det

ach

an

d a

ffix

lab

el w

ith p

osta

ge a

nd m

all.

IMPO

RTA

NT:

Sav

e th

is re

ceip

t and

pre

sent

It w

hen

mak

ing

an In

quiry

. P

S F

orm

38

00,

Au

gu

st2

00

6 (

Rov

srss

) PS

N 7

530.

02.(

)00·

9047

Track and Confirm Intranet

Product Tracking System

Home Search Reports

Track & Confirm Intranet

Delivery Signature and Address

Tracking Number: 7014 0510 00001882 3833

This Item waa dollvered on 06/23/2014 at 07:29:00

I

l1r8

I

Manual Entry Rates/

Commitments PTS / EDW

USPS Corporate Accounts

Page 1 of 1

JulyG2. l OU

·.

I

I ~ I ,--L..__;J.'I------~---H--+1--~~- _J

E.nter upt01o neniii separated by commas.

Select Search Type: Quick Search

D

Submit

Product Tracking System, AU Rights Reserved Version: 1.8.0.9

https:/ /pts-2. usps.gov/pts2-web/tclntranetTrackingNumResponse/deliverySignatureAndAdd... 7/2/2014

•.m.a~--~~~~--------------Leh i gh Acres · Lehigh Acres. Florida

339369.998 1189290q57 -0098

~Jti/17/201tl 369-8911 02:19:15 PM ··~ .. ~ .... ~-~~~w --·sales Re'•c•e•ip·t---~·-•_ .. _•_• _• _• _ Product Description

Sale Unit Oty Price

TALLAHASSEE FL 32399 Zone-3 First-Class Mail Large Env 1.40 02 . Expected Delivery: Fri 06/20/lq Return Rcpt tJi Cer-tified uSPS Garttfied Ma t I 1#: 70lqQ510000018823633

Issue PVI :

Total:

Final Price

$1.19

$2.70 $3.30

::::;:;:;

$7.19

$7 .19

Paid by : •)ebJ t Card

Account # : Approval 1# :

$7.19 ~xxxxxxxxxxxq525 181797

Transaction #: 23 903570638 Receipt#:

754

001877

IJJ For tracking or inqUiries go to tJSPS.com or call 1-S00-222-1811.

~RIGHTEN SOMEONE'S MAILBOX. Greeting cards :~va1lable for purchase at select Post ·)f1ices. ~KWK*W~A~X~···~~······-··~KXA•~····~AAAX AAKX··~~~·AX~X·,••x••~-~~·········KXX.~A

[n a hurry? Self-service kiosks offer ~uick and easy check-out. Any Retail ~ssociate can show you how.

Order stamps at usps .com/shop or call 1-800-Stamp24 . Go to usps.com/clicknship to print shipping labe ls with postage. For )ther informat ion call 1-800-ASK-USPS. axwxkxx•w••••••*••••••••••••~••••••***A*

k•••··~~······~························· -Jet your mai 1 when and where you want i l with a secure Post Office Sox. Sign up for ~box online at usps.com/poboxes. •~•x•••x~ ••••·~ ~x••-•••~••••••~••·•~•••*

Kxx~-~w••••*••*•~**~*•••••• x ka xwww••••••

8iii H: 1000204585599 O:l erk: 05

All sal~s final on stamps and postage Re·funds for !:JI.ldrc.nteed services only

Thank you for your business AA-AAA3AAAAAAAAAA A .a4AAA··~ ·••x•aA X. Aa K•

A A_A_AX4AXAKAAAkXa~Ax••A«W~--~XAXAK X ~AAX

HELP US SERVE YOU BETTER

fEll. US ABOliT YOUR RECENI P· · · I ~ 11PFRIENCE

• llJt ·· i.OUNTS , ~ , ~·-~••AA A .AAAA

•4A AA AAAKAK-XAaXXaA ~KA

EXHIBIT E

Mark Herron Admitted in Florida and Georgia Email: mherron@lawfla.com Telephone: (850) 222-0720

June 24, 2014

The Honorable Ken Detzner Secretary of State 500 South Bronough Street Tallahassee, FL 32399-0250 RE: Qualification Papers of Larry Aguilar Candidate, House District 79 Dear Secretary Detzner: This correspondence is written on behalf of Larry Aguilar, the Democratic candidate for the State House of Representatives, District 79, and requests that your office reconsider its determination that Mr. Aguilar “did not qualify” as a candidate during the qualifying period. The record is clear that these papers were received by the Department of State prior to the close of qualifying period.1 Mr. Aguilar mailed his qualifying papers to the Division of Elections through the United States Postal Service on June 17, 2014. The papers were in Tallahassee and available for pick-up by the Department at its post office box at 9:46 a.m. on June 20, 2014. Yet the

1 Section 684.0005, Florida Statutes, provides as follows:

684.0005 Receipt of written communications.—

(1) Unless otherwise agreed by the parties, a written communication is deemed to be received if it is delivered to the addressee personally or if it is delivered to the addressee’s place of business, habitual residence, or mailing address. If one of these locations cannot be found after a reasonable inquiry, the written communication is deemed to be received if it is sent to the addressee’s last known place of business, habitual residence, or mailing address by registered letter or any other means that provides a record of the attempt to deliver it. The communication is deemed to be received on the day it is delivered.

(2) This section does not apply to communications in court proceedings.

Page 2 of 2

Division took no action to take actual possession of his qualifying papers until June 23, 2014 at 7:29 a.m. Mr. Aguilar’s situation is somewhat akin to that discussed in AGO 054-75, a copy of which is attached. There was no lack of diligence on the part of Mr. Aguilar. He mailed his qualifying papers by certified mail on the Tuesday prior to the Friday close of qualifying. They were received by the post office on Thursday prior to close of qualifying. They were available for pick-up on Friday morning but were not picked-up and delivered to the qualifying officer until after close of the qualifying period. But for the Division taking no action to pick-up Mr. Aguilar’s qualifying papers on Friday morning, Mr. Aguilar would be a duly qualified candidate. Mr. Aguilar’s situation is not controlled by State ex rel. Vining v. Gray, 154 Fla. 255, 17 So. 2d 228 (Fla. 1944), in that there was no lack of diligence on the part of Mr. Aguilar in delivering the qualification papers to the post office for delivery to the Division of Elections and that the qualifying papers were received by the Department prior to the close of the qualifying period. It is requested, therefore, that your office reconsider its determination that Mr. Aguilar “did not qualify” as a candidate during the qualifying period, and that he be deemed to be a “qualified” candidate for election the State House of Representatives, District 79. Sincerely,

Mark Herron Mark Herron cc: Larry Aguilar Kristi Reid Bronson

BIENNIAL REPORT OF THE ATTORNEY GENERAL 93

complying in form and amount with the requirements of the pri-mary election laws. In the case of State ex rel HaU vs. Hildebrand. Fla., 168 So. 531, the court held that a clerk of the circuit court had neither the responsibility nor authority to pass- judgment on the alleged ineligibility of a candidate who properly complied with the form of the primary election laws relating to qualifying.

Section 99.041 F. S., provides that, "A candidate who has filed a sworn statement, paid a filing fee and committee assess-ment is entitled to have h~s name printed on the official primary election ballot; ... " There appears to be no provision in our primary election laws which would authorize a board of county commissioners to determine at this time the eligibility of a can-didate in the primary who has complied in form with the primary election laws relating to the qualifying of candidates.

Conceding that the person contemplated by this question has met the requirements of our primary election laws with respect to qualifying, at this stage in the primary election processes there appears to be no duty vested in either the clerk of the circuit court or his board of county commissioners to inquire

,._ into the candidate's eligibility.

(3) This question is answered by the above -answer to the second question.

March 24, 1954.-054-75.

ELECTIONS-QUALIFICATION PAPERS-TIME FOR FILING

QUESTION: Under the circumstances set forth below, did the candidates for the offices' of member of a party county executive ·committee file with the clerk of the Circuit Court of their county their qualifying papers within the time preScribed by §99.061, F. S.?

To: HonoTable Avery W. Gilkerson, Clerk Circuit Court, Pinellas County, Clearwater, Florida:

We construe the request for opinion as concerned solely with the question set forth above; and this opinion does not deal in any way with the question of the sufficiency of the qualifying papers sent by these candidates to the clerk for filing.

The circumstances related in the request for opinion are substantially as follows:

Under date of March 12, 1954, by registered mail, the qualify-ing papers for these candidates were mailed in St. Petersburg in an envelope addressed to Miss Clare Kilgore, Deputy Clerk, Pinellas County Commission, Courthouse, Clearwater, Florida, with return receipt requested. The registered item was received at Clearwater, Florida, on March 13, 1954, on which day, Sat-urday, the Clerk's office was closed. A deputy from the Clerk's office picked up the mail at the postoffice at 8:15 A.M., Monday, March 15; 1954, but the mentioned item, being registered, was not in the Clerk's mail box. At 11:50 A.M. that morning the

~4 BIENNIAL REPORT OF THE ATTORNEY GENERAL

deputy again picked up the mail at the post office, at which time this registered' item was delivered to him; however, the deputy did not arrive at the Clerk's office with the registered item until 12:30 P.M.

Subsection 99.061 (3), F. S., provides, among other things, that candidates for county office shall file their sworn state-ments, etc., with the Clerk of the Circuit Court of the county not later than noon March 15 of the year in which the primary is held.

In Sta,te ex rel Vining vs. Grwy, etc., Fla,., 17 So. 2d. 228, at a time when our law required a candidate for State Senator to qualify not later than February 1, our Court held that where the application, oath and fees of a person seeking to qualify as a candidate for said office did not reach the Secretary of State until 1:00 A.M. on February 2 because of lack of diligence of the transportation company and delay of said person in delivering them for trans-portation until after 12 o'clock noon on February 1, the Secretary of State was not required to place such candidate's name on the primary election ballot. In State ex rel Tay!or vs. Gray, Fla., 25 So. 2d #92, a person sought to qualify as a candidate for nomination for public office in the prim~ry, filed proper qualifying papers before the deadline but, by error of both the person and the officer receiving such papers, did:- not pay the amount of qualifying fee required; and on the authority of State ex· rel Vining vs. Gray, supra, the Court held that the person attempting to qualify had not met the requirements of law prior to the deadline and hencr should not be listed as a candidate by the Secretary of State. '

A distinction is to be drawn between the present situation and that found in the Vining Case. There was no lack of diligence on the part of these· persons seeking to qualify as is mentioned J.n such case. On the third day prior to March 15 they mailed their papers at St. Petersburg. The registered item was in the 6lear-water post office available for the Clerk on the second day prior to March 15. It was actually delivered to· a deputy clerk prior to the deadline.

In my opinion these two candidates for the party offices mentioned delivered to the Clerk of the Circuit Court of their county for filing the mentioned qualifying papers within the time prescribed by §99·.061, F. S. Hence, the question is answered in the affirmative.

GENERAL, PRU»ARY, SPECIAL, BOND AND REFERENDUM ELECTIONS

March 3, 1954.--{)54-53.

COUNTY BOND ELECTIONS IN CONJUNCTION WITH GENERAL PRIMARY ELECTIONS-VOTING

MACHINES-REQUIREMENTS

QUESTIONS: 1. May a bond election, held on the same day as a primary election, be conducted with the use of paper ballots when the county is otherwise required to use voting machines?

EXHIBIT F

RICK SCOTT Governor

June 27, 2014

Larry Aguilar

FLORIDA DEPARTMENT of STATE

816 McKinley A venue Lehigh Acres, FL 33972

Dear Mr. Aguilar:

KEN DETZNER Secretary of State

The Division is in receipt of the enclosed check in the amount of $1,781. 82, which was received in our office on June 19, 2014 for the qualifying tee. As you did not qualify, this check is being returned.

If you have any questions, please do not hesitate to contact this office at (850) 245-6280.

Sincerely,

~llML¥~

)k

Kristi Reid Bronson, Chief Bureau of Election Records

KRB/dsb

Enclosure

Division of Elections R.A. Gray Bldg., Rm. 316 • 500 S Bronough St. • Tallahassee, Florida 32399-0250

Telephone: (850) 245-6240 • Facsimile: (850J 245-6259 elections.myflorida.com

VIVA HDRinA 500. Commemorating 500 years of Florida history www.fla500.com

)k VIVA HORIDA500.

LARRY AGUILAR CAMPAIGN ACCOUNT DIST 79 PRIMARY

PO BOX 151607 ~ CAPE CORAL Fl33915-1607 1 I

~ DATE ------ I

PAY ~ A,._ #- ~~ 0

::~y{ff_~-~~~ BankofAmerica. ~ ACH RIT 063100277

(90tsl6

1014

222

1$ I 18!, ?z._ )

I

I' I

D OLLARS ~ ~b:~ 1

""

I'