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Has Randy Fine intentionally misrepresented the law in an attempt to influence Brevard’s elections?
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In a bizarre series of social media posts, State Representative Randy Fine recently accused Brevard County Democratic Party Chair Pam Castellana of committing election fraud by issuing judicial recommendations, claiming she faces up to six months in prison. However, the legal foundation for Fine’s claims appears to crumble as the statute he cited was struck down by the courts nearly three decades ago. He may have “pressed charges” on himself.
Fine Wrong On the Law
Fine’s posts referenced Florida Statute 105.09, which prohibited political parties from endorsing, supporting, or assisting judicial candidates. Fine claims Castellana’s judicial recommendations violate the statute and he demands her arrest. Fine, who acts as he has a law degree but is not a licensed Florida attorney, says Public Defender Blaise Trettis, a fellow Republican, told him about the violation.
A simple search appears to show that both Fine and Trettis are wrong. A political party is free to endorse candidates if it chooses because the statute Randy Fine quoted was found to be an unconstitutional restriction of Free Speech in Concerned Democrats of Fla. v. Reno, 458 F. Supp. 60, 65 (S.D. Fla. 1978) (prohibiting State Attorney from prosecuting political parties who make judicial candidate recommendations). The case has been cited by numerous learned treatises and articles that Randy Fine or Blaise Trettis could have found with a simple internet search.[1]
Only candidates are prohibited from publicly advertising themselves as members of a political party. It is a misdemeanor crime (carrying a max of 60 days in jail, not 6 months prison) if a candidate does so. There is no evidence that any of the candidates mentioned by Randy Fine have violated the law.
Fine’s Timing Unmistakenly Politically Motivated
Fine regularly targets Pamela Castellana, the chair of the local Democratic Party. Is it any wonder that Fine has wrongly cited the law and called for the arrest of a political opponent on the eve of an election?
Pam told us, “Weird. I’m not surprised Randy Fine has no knowledge of state law. He proves again that he is a petty shell of a man who thrives on chaos and hate. I AM surprised that our public defender is equally ignorant. BrevardDems has not officially endorsed in any judicial race, and we have not coordinated with any campaign in our suggestions. Brevard Democrats don’t need to bend the law to win elections. We provide quality candidates committed to serving their electorate and we do the work to get them elected. “
It is also clear that Fine only wants his Republican candidates to win. Florida’s judicial races are nonpartisan because we want our judges to be neutral. No person should stand before a judge and worry that he or she will rule based on politics. Yet, Randy Fine only supports judicial candidates that pass his ‘real’ Republican litmus test.
Fine makes his allegations on the eve of the August 20, 2024 primary which may determine judicial races. If any judicial candidate gets more than 50% of the vote, the race is ended. If not candidate gets more than 50% of the vote, the race continue until the date of the primary election on November 5, 2024. Early voting starts Saturday, August 10, 2024.
Randy Fine’s accusations appear to be an attempt to punish a political opponent and to influence an election.
Did Fine Violate Another Law?
Ironically, Fine himself may have broken the law and snitched on himself.
In the same posts where he accused Castellana of wrongdoing, Fine also shared his own judicial recommendations. Given his position as an elected state representative, and Republican Committeeman, this raises serious legal and ethical questions. Florida law, specifically Section 104.31(1)(a), prohibits state officers from using their official authority to influence elections. By publicly sharing judicial endorsements, Fine could be perceived as attempting to influence the election in his official capacity, potentially violating this statute. Fine has referred to his Facebook page on local media stations as his official State Representative Facebook page, and it is entitled “State Representative Randy Fine.” He also used the official Florida House of Representative Seal as his cover photo on the page, which can only be used for official business according to state law.
Fine quickly took down the original post (screenshot below) after likely being advised he too was breaking the statute, however, in his follow up more flippant post where he state’s he just “pressed charges,” he again referenced his very own “judicial recommendations.”
In his rush to accuse Castellana of election fraud, Randy Fine may have unwittingly placed himself in legal jeopardy. His actions have not only highlighted his misunderstanding of the law but also suggested that he may have engaged in the very behavior he accused others of. As Fine’s posts gain more attention, the legal and political fallout from this incident is likely to grow, drawing further scrutiny of both his actions and the advice he received.
Fine Deflecting From Own Flailing Campaign?
Recently, Randy Fine lost the straw polls for both his races amongst Republicans. Simultaneously, his Facebook posts have gotten more erratic with bizarre rants and memes only to be deleted later. It’s gotten to the point that even his own long-time supporters have turned on him in the comments, resulting in him having to turn commenting off on some of his posts.
The bottom line: Randy Fine’s claims will likely grow wilder as the election approaches. Put on your seat belt and critical thinking cap – or just stop reading Randy Fine’s page altogether.
[1] See Judicial Impartiality and the Regulation of Judicial Election Campaigns, 15 U. Fla. J. L. & Pub. Pol’y 205 (Spring 2004); Judicial Elections: Canon 7, Politics, And Free Speech, 72 Fla. Bar. J. 22 (July/ Augus 1998); Issues Facing the Judiciary: Regulating Judges’ Political Activity After White, 68 Alb. L. Rev. 651 (2005).