Florida Statute 106.071 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 106
CAMPAIGN FINANCING

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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

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

Annotations, Discussions, Cases:

Cases Citing Statute 106.071

Total Results: 8

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

Court: Fla. | Date Filed: 2017-03-02T00:00:00-08:00

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

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

Guetzloe v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-03-28T00:53:00-07:00

Citation: 980 So. 2d 1145

Snippet: election, the disclosure form required by section 106.071 was filed identifying Guetzloe as the source of…(Fla.1998), the plaintiffs argued that section 106.071(1), was overbroad and infringed upon their First

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Court: Fla. Att'y Gen. | Date Filed: 2007-09-24T00:53:00-07:00

Snippet: Counties and MunicipalCorporations, s. 187. 6 Section 106.071(1), Fla. Stat. 7 The statute requires that the …between the person and the organization. Sections 106.071(1)(a) — (c), Fla. Stat. 8 Section 106.0701

Beardslee v. FLORIDA ELECTIONS COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 2007-08-10T00:53:00-07:00

Citation: 962 So. 2d 390

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

Guetzloe v. FLORIDA ELECTIONS COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 2006-03-09T23:53:00-08:00

Citation: 927 So. 2d 942

Snippet: conclude that Guetzloe and GCG violated section 106.071(1), Florida Statutes (2003) by failing to include…finding that Guetzloe and GCG violated: (1) Section 106.071(1) by failing to include the proper disclaimer …paid for by independent expenditures; (2) Section 106.071(1) by failing to timely file periodic reports of… him guilty of violating provisions of section 106.071(1) that require advertisements to display the name… v. Mortham, 708 So.2d 929 (Fla.1998). Section 106.071(1) (2003) provided: Each person who makes an independent

Doe v. Mortham

Court: Fla. | Date Filed: 1998-03-18T23:53:00-08:00

Citation: 708 So. 2d 929

Snippet: section 106.071(1) and construe the reporting and disclosure requirements in section 106.071 as only …1996 seeking a declaratory judgment that sections 106.071,[2] 106.143,[3] and 106.144,[4] Florida Statutes…present case, we conclude that Florida sections 106.071, 106.143, and 106.144 are not substantially overbroad…In the present case, to the extent that section 106.071 uses the word "issue" and section 106.144…, 115 S.Ct. at 1523. To limit Florida sections 106.071 and 106.144 to "political candidates"

Republican Party v. Florida Elections Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-01T00:00:00-07:00

Citation: 658 So. 2d 653, 1995 Fla. App. LEXIS 8140, 1995 WL 449544

Snippet: they did not contain the disclaimer required by 106.071(1) and because there was no evidence that notice

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Court: Fla. Att'y Gen. | Date Filed: 1989-03-28T23:53:00-08:00

Snippet: the reporting and disclosure requirements of s. 106.071(1), F.S., render invalid a petition which proposes…appropriate source for an interpretation of s. 106.071, F.S., contained in The Florida Election Code.