Circuit Judge David Frank ruled Monday that Collins failed to present enough evidence to overcome Florida's legal presumptions favoring continued residency and access to the ballot. Collins argued that Fishback failed to satisfy the Florida Constitution's requirement that a governor reside in the state for the seven years preceding the general election. Collins attorneys pointed to records showing Fishback voted in Washington during the 2020 presidential election, filed D.C. resident income-tax returns and signed mortgage documents identifying a condominium there as his principal residence.
Fishback testified that he never intended to abandon Florida as his permanent home. He described the Washington property as a second residence or investment and said he signed the mortgage documents without closely reviewing them. Frank acknowledged that Fishback's filings could potentially create legal or regulatory consequences in Washington.
But he found that they did not establish that Fishback intended to surrender his Florida domicile. The judge also cited Fishback's Florida upbringing, family connections, drivers license, vehicle registration, voting history and business ties to the state.
The order leaves Fishback on the Aug. 18 Republican primary ballot. Fishback turned his courtroom victory into a campaign counterattack Tuesday, demanding that Collins resign and accusing the lieutenant governor of abusing his office and the public trust by pursuing the residency challenge. Collins rejected the resignation demand and said the ruling would not change his campaign.
A Cygnal survey conducted July 12 and 13 placed U.S. Rep. Byron Donalds, the Trump-endorsed Republican frontrunner, at 43%, Fishback at 12%, Collins at 11% and former Florida House Speaker Paul Renner at 2%.