Florida Statutes
Fla. Stat. § 106.19 (2025)
Violations by candidates, persons connected with campaigns, and political committees.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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;
(c) Falsely reports or deliberately fails to include any information required by this chapter; or
(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 petition circulator which does not provide the name and address of the 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; s. 17, ch. 2025-21.
Arrestable Offenses under F.S. 106.19
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§106.19(1a)ELECTION LAWSACCEPT CAMPAIGN CONTRIBUTION IN EXCESS AMOUNT
§106.19(1b)ELECTION LAWSFAIL TO REPORT REQUIRED CONTRIBUTION
§106.19(1c)FRAUDCANDIDATE FALSELY REPORT OMIT REQUIRED INFO
§106.19(1d)EMBEZZLECANDIDATE AUTHORIZE PROHIBITED EXPENDITURE
Notes of Decisions
Cited in 15
cases, 1979–2018 · leading case: McGann v. Florida Elections Com'n, 803 So. 2d 763 (Fla. 1st DCA 2001).
McGann v. Florida Elections Com'n, 803 So. 2d 763 (Fla. 1st DCA 2001). “Section 106.19(1)(b), Florida Statutes, failure of a person to report a contribution required to be reported by this chapter, on multiple occasions; and.”
Falzone v. State, 500 So. 2d 1337 (Fla. 1987). “Section 106.19 sets forth criminal penalties for violations of chapter 106.”
State v. Greco, 479 So. 2d 786 (Fla. 2d DCA 1985). “03 Constitutes a Crime The criminal penalties for violating chapter 106 are set forth in section 106.19, Florida Statutes (1983), which reads: (1) Any candidate; campaign manager, campaign treasurer, or deputy treasurer of any candidate; committee chairman, vice chairman,…”
State v. Zimmerman, 370 So. 2d 1179 (Fla. 4th DCA 1979). “ (1) The name of a candidate shall not be printed on the ballot for an election if the candidate is convicted of violating § 106.19. (2) Any candidate whose name is removed from the ballot pursuant to subsection (1) is disqualified as a candidate for office.”
Diaz De La Portilla v. Fla. Elections Com'n, 857 So. 2d 913 (Fla. 3d DCA 2003). “§§ 106.19, 106.25(3), 106.265(1). In the case of the treasurer's report, the report bears the signatures of both the treasurer and the candidate, and either or both are subject to discipline in the event of a willful violation.”
Dockery v. Hood, 922 So. 2d 258 (Fla. 1st DCA 2006). “Finally, appellant points to section 106.19(3), Florida Statutes (2003), as further evidence that Florida requires signature petitions to contain the name and address of the paid circulator.”
The Florida Bar v. Brown, 790 So. 2d 1081 (Fla. 2001). “2d DCA 1997) (negligent failure to adhere to section 106.19, Florida Statutes, requiring that pamphlets state "paid political advertisement," is insufficient to be found in willful violation of election laws), for the purposes of this case we need not reach the question of…”
Guetzloe v. Florida Elections Com'n, 927 So. 2d 942 (Fla. 5th DCA 2006). “143(4)(b) by making independent expenditures for political advertisements submitted to radio stations for distribution and by failing to provide the station with a written statement that no candidate approved of the advertisements; and (4) Section 106.19(1)(c) by writing a…”
Pasquale v. Florida Elections Com'n, 759 So. 2d 23 (Fla. 4th DCA 2000). “Pasquale with violating section 106.19(1)(b), Florida Statutes (1995), which requires "contributions" to be reported and section 106.”
Florida Elections Comm'n v. Blair, 52 So. 3d 9 (Fla. 1st DCA 2010). “The Commission found probable cause to believe that Appellee knowingly and willfully accepted two campaign contributions in excess of 0 in violation of section 106.19(l)(a), Florida Statutes (2007).”
Ryan C. Torrens v. Sean Shaw, Ken Detzner, in his Off. capacity as the Sec'y of State Dep't of State, Div. of Elections, 257 So. 3d 168 (Fla. 1st DCA 2018). “Section 106.19(1), Florida Statutes (2017), states it is a first- degree misdemeanor to knowingly and willfully accept a contribution in excess of the limits in section 106.”
Fulton v. Div. of Elections, 689 So. 2d 1180 (Fla. 2d DCA 1997). “We disagree with the Commission’s argument that in section 106.19, Florida Statutes (1995), 2 the legislature intended to hold political committee chairs individually liable for civil penalties imposed by the Commission for willful violations of paragraph (c) of subsection (1),…”
— 106.19(1) — 2 cases
State v. Zimmerman, 370 So. 2d 1179 (Fla. 4th DCA 1979). “ (1) The name of a candidate shall not be printed on the ballot for an election if the candidate is convicted of violating § 106.19. (2) Any candidate whose name is removed from the ballot pursuant to subsection (1) is disqualified as a candidate for office.”
Ryan C. Torrens v. Sean Shaw, Ken Detzner, in his Off. capacity as the Sec'y of State Dep't of State, Div. of Elections, 257 So. 3d 168 (Fla. 1st DCA 2018). “Section 106.19(1), Florida Statutes (2017), states it is a first- degree misdemeanor to knowingly and willfully accept a contribution in excess of the limits in section 106.”
— 106.19(1)(a) — 1 case
Fla. Police Benev. Ass'n-Political Action Comm. v. Fla. Elect. Com'n, 430 So. 2d 483 (Fla. 1st DCA 1983).
— 106.19(1)(b) — 2 cases
McGann v. Florida Elections Com'n, 803 So. 2d 763 (Fla. 1st DCA 2001). “Section 106.19(1)(b), Florida Statutes, failure of a person to report a contribution required to be reported by this chapter, on multiple occasions; and.”
Pasquale v. Florida Elections Com'n, 759 So. 2d 23 (Fla. 4th DCA 2000). “Pasquale with violating section 106.19(1)(b), Florida Statutes (1995), which requires "contributions" to be reported and section 106.”
— 106.19(1)(c) — 3 cases
Falzone v. State, 500 So. 2d 1337 (Fla. 1987). “Section 106.19 sets forth criminal penalties for violations of chapter 106.”
Guetzloe v. Florida Elections Com'n, 927 So. 2d 942 (Fla. 5th DCA 2006). “143(4)(b) by making independent expenditures for political advertisements submitted to radio stations for distribution and by failing to provide the station with a written statement that no candidate approved of the advertisements; and (4) Section 106.19(1)(c) by writing a…”
State v. Greco, 479 So. 2d 786 (Fla. 2d DCA 1985). “03 Constitutes a Crime The criminal penalties for violating chapter 106 are set forth in section 106.19, Florida Statutes (1983), which reads: (1) Any candidate; campaign manager, campaign treasurer, or deputy treasurer of any candidate; committee chairman, vice chairman,…”
— 106.19(2) — 1 case
Diaz De La Portilla v. Fla. Elections Com'n, 857 So. 2d 913 (Fla. 3d DCA 2003). “§§ 106.19, 106.25(3), 106.265(1). In the case of the treasurer's report, the report bears the signatures of both the treasurer and the candidate, and either or both are subject to discipline in the event of a willful violation.”
— 106.19(3) — 1 case
Dockery v. Hood, 922 So. 2d 258 (Fla. 1st DCA 2006). “Finally, appellant points to section 106.19(3), Florida Statutes (2003), as further evidence that Florida requires signature petitions to contain the name and address of the paid circulator.”
— 106.19(4) — 1 case
Ryan C. Torrens v. Sean Shaw, Ken Detzner, in his Off. capacity as the Sec'y of State Dep't of State, Div. of Elections, 257 So. 3d 168 (Fla. 1st DCA 2018). “Section 106.19(1), Florida Statutes (2017), states it is a first- degree misdemeanor to knowingly and willfully accept a contribution in excess of the limits in section 106.”
— 106.19(l)(a) — 1 case
Florida Elections Comm'n v. Blair, 52 So. 3d 9 (Fla. 1st DCA 2010). “The Commission found probable cause to believe that Appellee knowingly and willfully accepted two campaign contributions in excess of 0 in violation of section 106.19(l)(a), Florida Statutes (2007).”
— 106.19(l)(b) — 1 case
Jennings v. Florida Elections Comm'n, 932 So. 2d 609 (Fla. 2d DCA 2006).
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