Florida Statute 106.19 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 106
CAMPAIGN FINANCING

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F.S. 106.19

106.19 Violations by candidates, persons connected with campaigns, and political committees.—

(1) Any candidate; campaign manager, campaign treasurer, or deputy treasurer of any candidate; committee chair, vice chair, campaign treasurer, deputy treasurer, or other officer of any political committee; agent or person acting on behalf of any candidate or political committee; or other person who knowingly and willfully:

(a) Accepts a contribution in excess of the limits prescribed by s. 106.08;

(b) Fails to report any contribution required to be reported by this chapter;

(d) Makes or authorizes any expenditure in violation of s. 106.11(4) or any other expenditure prohibited by this chapter;

is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Any candidate, campaign treasurer, or deputy treasurer; any chair, vice chair, or other officer of any political committee; any agent or person acting on behalf of any candidate or political committee; or any other person who violates paragraph (1)(a), paragraph (1)(b), or paragraph (1)(d) shall be subject to a civil penalty equal to three times the amount involved in the illegal act. Such penalty may be in addition to the penalties provided by subsection (1) and shall be paid into the General Revenue Fund of this state.

(3) A political committee sponsoring a constitutional amendment proposed by initiative which submits a petition form gathered by a paid petition circulator which does not provide the name and address of the paid petition circulator on the form is subject to the civil penalties prescribed in s. 106.265.

(4) Except as otherwise expressly stated, the failure by a candidate to comply with the requirements of this chapter has no effect upon whether the candidate has qualified for the office the candidate is seeking.

History.—s. 19, ch. 73-128; s. 57, ch. 77-175; s. 62, ch. 79-400; s. 12, ch. 91-107; s. 649, ch. 95-147; ss. 24, 45, ch. 97-13; s. 8, ch. 2002-197; s. 11, ch. 2006-300; s. 69, ch. 2011-40; s. 35, ch. 2013-37.

F.S. 106.19 on Google Scholar

F.S. 106.19 on Casetext

Amendments to 106.19

Arrestable Offenses / Crimes under Fla. Stat. 106.19

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

S106.19 1a - ELECTION LAWS - ACCEPT CAMPAIGN CONTRIBUTION IN EXCESS AMOUNT - M: F

S106.19 1b - ELECTION LAWS - FAIL TO REPORT REQUIRED CONTRIBUTION - M: F

S106.19 1c - FRAUD - CANDIDATE FALSELY REPORT OMIT REQUIRED INFO - M: F

S106.19 1d - EMBEZZLE - CANDIDATE AUTHORIZE PROHIBITED EXPENDITURE - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 106.19

Total Results: 20

Ryan C. Torrens v. Sean Shaw, Ken Detzner, in his official capacity as the Secretary of State Department of State, Division of Elections

Court: District Court of Appeal of Florida | Date Filed: 2018-11-13

Citation: 257 So. 3d 168

Snippet: may result in removal from the ballot. Section 106.19(1), Florida Statutes (2017), states it is a first-

Florida Elections Commission v. Blair

Court: District Court of Appeal of Florida | Date Filed: 2010-12-08

Citation: 52 So. 3d 9, 2010 Fla. App. LEXIS 18651

Snippet: contributions in excess of $500 in violation of section 106.19(1)(a), Florida Statutes (2007). Appellee disputed

Schurr v. Sanchez-Gronlier

Court: District Court of Appeal of Florida | Date Filed: 2006-09-01

Citation: 937 So. 2d 1166, 2006 WL 2521401

Snippet: argued by Defendant Sanchez-Gronlier, §§ 106.18 and 106.19 detail the removal of a candidate for violations

Jennings v. Florida Elections Commission

Court: District Court of Appeal of Florida | Date Filed: 2006-06-30

Citation: 932 So. 2d 609, 2006 Fla. App. LEXIS 10788, 2006 WL 1791710

Snippet: violations of sections 106.07(5), 106.11(4), 106.19(l)(b), and 106.19(l)(d), Florida Statutes (2002). During

Inquiry Concerning a Judge, No. 02-466, re Renke

Court: Supreme Court of Florida | Date Filed: 2006-05-25

Citation: 933 So. 2d 482, 31 Fla. L. Weekly Supp. 337, 2006 Fla. LEXIS 941

Snippet: violation of sections 106.08(l)(a), 106.08(5) and 106.19(a) and (b), Florida Statutes (2002). This campaign

In Re Renke

Court: Supreme Court of Florida | Date Filed: 2006-05-25

Citation: 933 So. 2d 482, 2006 WL 1474460

Snippet: violation of sections 106.08(1)(a), 106.08(5) and 106.19(a) and (b), Florida Statutes (2002). This campaign

Guetzloe v. FLORIDA ELECTIONS COM'N

Court: District Court of Appeal of Florida | Date Filed: 2006-03-10

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

Snippet: approved of the advertisements; and (4) Section 106.19(1)(c) by writing a memorandum to the clerk reporting

Dockery v. Hood

Court: District Court of Appeal of Florida | Date Filed: 2006-01-26

Citation: 922 So. 2d 258, 2006 WL 176942

Snippet: petitions. Finally, appellant points to section 106.19(3), Florida Statutes (2003), as further evidence

Diaz De La Portilla v. FLA. ELECTIONS COM'N

Court: District Court of Appeal of Florida | Date Filed: 2003-09-10

Citation: 857 So. 2d 913, 2003 WL 22082173

Snippet: willful violations of the election law. Id. §§ 106.19, 106.25(3), 106.265(1). In the case of the treasurer's

McGann v. Florida Elections Com'n

Court: District Court of Appeal of Florida | Date Filed: 2001-11-06

Citation: 803 So. 2d 763, 2001 Fla. App. LEXIS 15629, 2001 WL 1355313

Snippet: as to section 106.19(1)(b), none of the violations was "willful." As to the section 106.19(1)(b) violation

The Florida Bar v. Brown

Court: Supreme Court of Florida | Date Filed: 2001-07-12

Citation: 790 So. 2d 1081, 2001 WL 776667

Snippet: DCA 1997) (negligent failure to adhere to section 106.19, Florida Statutes, requiring that pamphlets state

Pasquale v. Florida Elections Com'n

Court: District Court of Appeal of Florida | Date Filed: 2000-03-22

Citation: 759 So. 2d 23, 2000 Fla. App. LEXIS 3444, 2000 WL 294820

Snippet: cause charging Mr. Pasquale with violating section 106.19(1)(b), Florida Statutes (1995), which requires

Fulton v. Division of Elections

Court: District Court of Appeal of Florida | Date Filed: 1997-03-12

Citation: 689 So. 2d 1180, 1997 Fla. App. LEXIS 2133, 1997 WL 106185

Snippet: with the Commission’s argument that in section 106.19, Florida Statutes (1995),2 the legislature intended

Falzone v. State

Court: Supreme Court of Florida | Date Filed: 1987-01-05

Citation: 500 So. 2d 1337, 12 Fla. L. Weekly 31

Snippet: sections 106.03, Florida Statutes (1984 Supp.), and 106.19, Florida Statutes (1983), of Florida's Campaign

State v. Greco

Court: District Court of Appeal of Florida | Date Filed: 1985-11-15

Citation: 479 So. 2d 786, 10 Fla. L. Weekly 2554

Snippet: excess of $500.00; contrary to Chapters 106.03 and 106.19, Florida Statutes, and against the peace and dignity

Fla. Police Benev. Ass'n-Political Action Committee v. Fla. Elect. Com'n

Court: District Court of Appeal of Florida | Date Filed: 1983-03-22

Citation: 430 So. 2d 483

Snippet: *484 finding appellants to be in violation of §§ 106.19(1)(a) and 106.08(1)(f), Florida Statutes, respectively

Reid v. Exports, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1980-10-08

Citation: 388 So. 2d 1332, 1980 Fla. App. LEXIS 17368

Snippet: 921 (D.N.J.1966), affirmed 389 U.S. 29, 88 S.Ct. 106, 19 L.Ed.2d 29 (1967); District of Columbia v. International

Madar v. State

Court: District Court of Appeal of Florida | Date Filed: 1979-10-31

Citation: 376 So. 2d 446, 1979 Fla. App. LEXIS 15683

Snippet: of filing a false campaign report under Section 106.-19(1). In Zimmerman, the State appealed an order transferring

State v. Zimmerman

Court: District Court of Appeal of Florida | Date Filed: 1979-03-14

Citation: 370 So. 2d 1179

Snippet: alleged offenses were misdemeanors pursuant to § 106.19(1), Florida Statutes. The trial court, after hearing

Division of Beverage, Department of Business Regulation v. Bonanni Ship Supply, Inc.

Court: Supreme Court of Florida | Date Filed: 1978-03-09

Citation: 356 So. 2d 308, 1978 Fla. LEXIS 4733

Snippet: 921 (D.N.J.1966), aff’d, 389 U.S. 29, 88 S.Ct. 106, 19 L.Ed.2d 29 (1967), is more to the point. Epstein