106.071
Independent expenditures; electioneering communications; reports; disclaimers.
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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.
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.
Notes of Decisions
Cited in 6
cases, 1998–2017 · leading case: Doe v. Mortham
Doe v. Mortham (1998)
“(creating § 106.071 and amending § 106.144); ch. 73-128, § 33, at 238, Laws of Fla.”
Guetzloe v. FLORIDA ELECTIONS COM'N (2006)
“Following an investigation, the Commission found probable cause to conclude that Guetzloe and GCG violated section 106.071(1), Florida Statutes (2003) by failing to include disclaimer/disclosure language in the advertisements.”
Inquiry Concerning a Judge, No. 13-25 re: Andrew J. Decker, III (2017)
“Finally, this conduct violated section 106.071(3), Florida Statutes, which prohibits a candidate for judicial office from publicly representing himself as a member of a political party.”
Beardslee v. FLORIDA ELECTIONS COM'N (2007)
“§ 106.071, Fla. Stat. Mrs. Beardslee argues that her husband's purchase of the campaign yard signs was an independent expenditure rather than a contribution because Mr.”
Guetzloe v. State (2008)
“[1] Following the election, the disclosure form required by section 106.071 was filed identifying Guetzloe as the source of the mail-out.”
Worley v. Roberts (2010)
“The plaintiffs also assert, and the defendants seem tp concede, that Florida law would prohibit the plaintiffs from airing anonymous advertisements, see § 106.071(2), or advertisements (for a given election) that are paid for with contributions received during the last five days…”
— 106.071(1) — 3 cases
Doe v. Mortham (1998)
“(creating § 106.071 and amending § 106.144); ch. 73-128, § 33, at 238, Laws of Fla.”
Guetzloe v. FLORIDA ELECTIONS COM'N (2006)
“Following an investigation, the Commission found probable cause to conclude that Guetzloe and GCG violated section 106.071(1), Florida Statutes (2003) by failing to include disclaimer/disclosure language in the advertisements.”
Guetzloe v. State (2008)
“[1] Following the election, the disclosure form required by section 106.071 was filed identifying Guetzloe as the source of the mail-out.”
— 106.071(2) — 1 case
Worley v. Roberts (2010)
“The plaintiffs also assert, and the defendants seem tp concede, that Florida law would prohibit the plaintiffs from airing anonymous advertisements, see § 106.071(2), or advertisements (for a given election) that are paid for with contributions received during the last five days…”
— 106.071(3) — 1 case
Inquiry Concerning a Judge, No. 13-25 re: Andrew J. Decker, III (2017)
“Finally, this conduct violated section 106.071(3), Florida Statutes, which prohibits a candidate for judicial office from publicly representing himself as a member of a political party.”
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