There most certainly is a penalty, Florida Statute § 99.012(6) gives an elector (voter) in an election where the candidate failed to comply with the resign to run requirement the right to petition the court for the removal of the candidate's name from the ballot. It is just that simple. The law exists, you shouldn't believe me, look it up. It is part of the resign to run statute which MUST BE READ IN IT"S ENTIRETY. By saying that the court has no authority only makes people angry at a time we need to unite. This will remain a Republican seat unless the fighting gets so bad that the voters stay home.
In reference to 99.012(6) :
99.012 Restrictions on individuals qualifying for public office
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0099/SEC012.HTM&Title=->2002->Ch0099->Section%20012
You'll have to copy and paste this URL into your browser, due to the ">" characters embedded in the string.
Note that no provision is made of this specific situation, where the candidate in question is running for FEDERAL office.
