Florida Statute 106.71 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 106
CAMPAIGN FINANCING

View Entire Chapter

F.S. 106.071

106.071 Independent expenditures; electioneering communications; reports; disclaimers.—

(1) Each person who makes an independent expenditure with respect to any candidate or issue, and each individual who makes an expenditure for an electioneering communication which is not otherwise reported pursuant to this chapter, which expenditure, in the aggregate, is in the amount of $5,000 or more, shall file periodic reports of such expenditures in the same manner, at the same time, subject to the same penalties, and with the same officer as a political committee supporting or opposing such candidate or issue. The report shall contain the full name and address of the person making the expenditure; the full name and address of each person to whom and for whom each such expenditure has been made; the amount, date, and purpose of each such expenditure; a description of the services or goods obtained by each such expenditure; the issue to which the expenditure relates; and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made.

(2) Any political advertisement, other than a text message or a telephone call, paid for by an independent expenditure must prominently state “Paid political advertisement paid for by (Name and address of person paying for advertisement) independently of any (candidate or committee) .”

(3) Subsection (2) does not apply to novelty items having a retail value of $10 or less which support, but do not oppose, a candidate or issue.

(4) Any person who fails to include the disclaimer prescribed in subsection (2) in any political advertisement that is required to contain such disclaimer commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 47, ch. 77-175; s. 10, ch. 89-256; s. 4, ch. 2004-252; s. 25, ch. 2010-167; ss. 13, 30, ch. 2011-6; HJR 7105, 2011 Regular Session; s. 2, ch. 2021-49.

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Amendments to 106.071

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 106.071

Level: Degree
Misdemeanor/Felony: First/Second/Third

S106.071 - ELECTION LAWS - FAIL TO PROVIDE POLITICAL DISCLAIMER - M: F

Cases Citing Statute 106.071

Total Results: 9

Doe v. Mortham

708 So. 2d 929, 1998 WL 120280

Supreme Court of Florida | Filed: Mar 19, 1998 | Docket: 541908

Cited 28 times | Published

omitted). In the present case, to the extent that section 106.071 uses the word "issue" and section 106.144 incorporates

Guetzloe v. State

980 So. 2d 1145, 2008 WL 817106

District Court of Appeal of Florida | Filed: Mar 28, 2008 | Docket: 1418356

Cited 2 times | Published

election, the disclosure form required by section 106.071 was filed identifying Guetzloe as the source

Beardslee v. FLORIDA ELECTIONS COM'N

962 So. 2d 390, 2007 Fla. App. LEXIS 12345, 2007 WL 2274431

District Court of Appeal of Florida | Filed: Aug 10, 2007 | Docket: 1519297

Cited 2 times | Published

reported by the person making such expenditure. § 106.071, Fla. Stat. Mrs. Beardslee argues that her husband's

Guetzloe v. FLORIDA ELECTIONS COM'N

927 So. 2d 942, 2006 Fla. App. LEXIS 3474, 2006 WL 565918

District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 1765210

Cited 2 times | Published

to conclude that Guetzloe and GCG violated section 106.071(1), Florida Statutes (2003) by failing to include

Jackson v. Birmingham Board of Education

309 F.3d 1333, 2002 U.S. App. LEXIS 22001, 83 Empl. Prac. Dec. (CCH) 41,235, 95 Fair Empl. Prac. Cas. (BNA) 658, 2002 WL 31356658

Court of Appeals for the Eleventh Circuit | Filed: Oct 21, 2002 | Docket: 64097571

Cited 2 times | Published

enforcing Title VI to enforce Title IX. See 34 C.F.R. § 106.71. . The Supreme Court implied private rights

Worley v. Roberts

749 F. Supp. 2d 1321, 2010 U.S. Dist. LEXIS 119977, 2010 WL 4339374

District Court, N.D. Florida | Filed: Oct 26, 2010 | Docket: 2344161

Cited 1 times | Published

plaintiffs from airing anonymous advertisements, see § 106.071(2), or advertisements (for a given election) that

Roderick Jackson v. Birmingham Bd. of Ed.

416 F.3d 1280

Court of Appeals for the Eleventh Circuit | Filed: Oct 21, 2002 | Docket: 397521

Cited 1 times | Published

enforcing Title VI to enforce Title IX. See 34 C.F.R. § 106.71. 5 The Supreme

Inquiry Concerning a Judge, No. 13-25 re: Andrew J. Decker, III

212 So. 3d 291, 42 Fla. L. Weekly Fed. S 272, 2017 WL 822184, 2017 Fla. LEXIS 423

Supreme Court of Florida | Filed: Mar 2, 2017 | Docket: 4612628

Published

Judicial Conduct. Finally, this conduct violated section 106.071(3), Florida Statutes, which prohibits a candidate

Ago

Florida Attorney General Reports | Filed: Sep 24, 2007 | Docket: 3256109

Published

Counties and MunicipalCorporations, s. 187. 6 Section 106.071(1), Fla. Stat. 7 The statute requires that