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: Fla. Dist. Ct. App. | Date Filed: 2018-11-12T23:53:00-08:00

Snippet: may result in removal from the ballot. Section 106.19(1), Florida Statutes (2017), states it is a first…election if the candidate is convicted of violating s. 106.19.” § 106.18(1), Fla. Stat. (2017) (emphasis added…qualified for the office the candidate is seeking.” § 106.19(4), Fla. Stat. (2017). Thus a private citizen’s

Florida Elections Commission v. Blair

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-08T00:00:00-08:00

Citation: 52 So. 3d 9

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

Schurr v. Sanchez-Gronlier

Court: Fla. Dist. Ct. App. | Date Filed: 2006-09-01T00:53:00-07:00

Citation: 937 So. 2d 1166

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: Fla. Dist. Ct. App. | Date Filed: 2006-06-30T00:00:00-07:00

Citation: 932 So. 2d 609

Snippet: violations of sections 106.07(5), 106.11(4), 106.19(l)(b), and 106.19(l)(d), Florida Statutes (2002). During…believe that Jennings violated sections 106.07(5), 106.19(l)(b), and 106.21(3). The Commission charged Jennings…counts 3 through 26 alleged violations of section 106.19(l)(b) for failing to report contributions on the

In Re Renke

Court: Fla. | Date Filed: 2006-05-25T00:53:00-07:00

Citation: 933 So. 2d 482

Snippet: violation of sections 106.08(1)(a), 106.08(5) and 106.19(a) and (b), Florida Statutes (2002). This campaign…Canon 7 A(3)(a) and §§ 106.08(1)(a), 106.08(5) and 106.19(a) and (b), Florida Statutes, your campaign knowingly

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

Court: Fla. | Date Filed: 2006-05-25T00:00:00-07:00

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…Canon 7 A(3)(a) and §§ 106.08(l)(a), 106.08(5) and 106.19(a) and (b), Florida Statutes, your campaign knowingly

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: approved of the advertisements; and (4) Section 106.19(1)(c) by writing a memorandum to the clerk reporting…that resulted from a prior violation of section 106.19(1)(c). [4] Section 106.011(8), which contains

Dockery v. Hood

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-25T23:53:00-08:00

Citation: 922 So. 2d 258

Snippet: petitions. Finally, appellant points to section 106.19(3), Florida Statutes (2003), as further evidence…name and address of the paid circulator. Section 106.19(3), unlike section 106.191, contains an independent…prescribed in s. 106.265. (emphasis added). Section 106.19(3) specifically provides civil penalties for any… her petition. The requirement found in section 106.19(3) is still valid because it is self-contained.

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

Court: Fla. Dist. Ct. App. | Date Filed: 2003-09-10T00:53:00-07:00

Citation: 857 So. 2d 913

Snippet: of paragraph 106.19(1)(b). Thus we affirm a total of four violations of paragraph 106.19(1)(b). [7] Effective… willful violations of the election law. Id. §§ 106.19, 106.25(3), 106.265(1). In the case of the treasurer…failure to so report is a violation of paragraph 106.19(1)(b), Florida Statutes. These charges relate to…loans this constitutes four violations of paragraph 106.19(1)(b).[6] VII. We urge the legislature to revisit…judge found, violations of subsection 106.11(3) and 106.19(1)(d), Florida Statutes (1999) which prohibits

McGann v. Florida Elections Com'n

Court: Fla. Dist. Ct. App. | Date Filed: 2001-11-05T23:53:00-08:00

Citation: 803 So. 2d 763

Snippet: section 106.19(1)(b), none of the violations was "willful." As to the section 106.19(1)(b) violation…In addition, the final order treated the section 106.19(1)(b) violation as six separate "counts,"…allegation that Dr. McGann had violated section 106.19(1)(b) "on multiple occasions" as a single…guilty of six separate counts of violating section 106.19(1)(b), even though only a single paragraph had …had charged that Dr. McGann had violated section 106.19(1)(b). This was error. The charging document in

The Florida Bar v. Brown

Court: Fla. | Date Filed: 2001-07-12T00:53:00-07:00

Citation: 790 So. 2d 1081

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

Pasquale v. Florida Elections Com'n

Court: Fla. Dist. Ct. App. | Date Filed: 2000-03-21T23:53:00-08:00

Citation: 759 So. 2d 23

Snippet: cause charging Mr. Pasquale with violating section 106.19(1)(b), Florida Statutes (1995), which requires …contribution which must be reported under section 106.19(1)(b) is defined in section 106.011(3) as: A gift…Mrs. Pasquale, Mr. Pasquale had violated section 106.19(1)(b), which requires the reporting of "any… the ALJ that Mr. Pasquale had violated section 106.19(1)(b), because the copies produced by Mr. Carroll

Fulton v. Division of Elections

Court: Fla. Dist. Ct. App. | Date Filed: 1997-03-12T00:00:00-08:00

Citation: 689 So. 2d 1180

Snippet: with the Commission’s argument that in section 106.19, Florida Statutes (1995),2 the legislature intended… . The relevant portions of that statute state: 106.19 Violations by candidates, persons connected with

Falzone v. State

Court: Fla. | Date Filed: 1987-01-04T23:53:00-08:00

Citation: 500 So. 2d 1337

Snippet: of 106.19. We disagree and adopt the district court's construction that *1341 section 106.19(1)(c…sections 106.03, Florida Statutes (1984 Supp.), and 106.19, Florida Statutes (1983), of Florida's Campaign…or make expenditures in excess of $500. Section 106.19 sets forth criminal penalties for violations of…indictment does not charge a crime because section 106.19 does not include section 106.03 "violations…statement of organization is punishable under section 106.19. The regulation of campaign activity and organization

State v. Greco

Court: Fla. Dist. Ct. App. | Date Filed: 1985-11-14T23:53:00-08:00

Citation: 479 So. 2d 786

Snippet: excess of $500.00; contrary to Chapters 106.03 and 106.19, Florida Statutes, and against the peace and dignity…indictment does not charge a crime because section 106.19 does not include section 106.03 "violations… violating chapter 106 are set forth in section 106.19, Florida Statutes (1983), which reads: (1) Any … by this chapter" as proscribed by section 106.19(1)(c). Appellees suggest that the term "failing… the statement of organization and that section 106.19 makes it a misdemeanor to deliberately fail to

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

Court: Fla. Dist. Ct. App. | Date Filed: 1983-03-21T23:53:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1980-10-08T00:00:00-07:00

Citation: 388 So. 2d 1332

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: Fla. Dist. Ct. App. | Date Filed: 1979-10-31T00:00:00-08:00

Citation: 376 So. 2d 446

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

State v. Zimmerman

Court: Fla. Dist. Ct. App. | Date Filed: 1979-03-13T23:53:00-08:00

Citation: 370 So. 2d 1179

Snippet: alleged offenses were misdemeanors pursuant to § 106.19(1), Florida Statutes. The trial court, after hearing…those now denoted as Section 106.07(6) and Section 106.19(1), Florida Statutes, respectively. Section 106.07…report is a felony of the third degree. Section 106.19(1)[2] provides, inter alia, that whosoever fails…is a misdemeanor under the provisions of Section 106.19(1), Florida Statutes. Here, the appellee is not…legislature intended the misdemeanor provisions of § 106.19(1) to be the controlling provisions with regard

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

Court: Fla. | Date Filed: 1978-03-09T00:00:00-08:00

Citation: 356 So. 2d 308

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