Arrestable Offenses / Crimes under Fla. Stat. 106.19
CopyCited 21 times | Published | Court of Appeals for the Eleventh Circuit | 2001 U.S. App. LEXIS 25319, 2001 WL 1509579
...8
Moreover, it is far from obvious whether FRL can solicit and receive
candidate contributions prohibited under §
106.08(5) without itself facing the
hardship of criminal and civil penalties. The language found in §
106.19(1)(a) &
(2), which details the penalties for campaign law violations, is unclear on this
point.7 In any event, Florida’s focus on whether §
106.08(5) directly regulates FRL
is beside the point....
...indicates that FRL suffers economic
hardship because of the provision. FRL has established that its claim is ripe, and its
substantive challenge can proceed.
B. Contributions by Candidates under §
106.08(5), Florida Statutes
7
Section
106.19(1)(a) provides that any “person who knowingly and willfully . . .
[a]ccepts a contribution in excess of the limits prescribed by s.
106.08 . . . is guilty of a
misdemeanor of the first degree.” Section
106.19(2) authorizes “a civil penalty equal to three
times the amount involved” for violations of §
106.19(1)(a). Whether an organization like FRL
is subject to these provisions is dependant on the interpretation that Florida courts give to the
“excess of the limits” language contained in §
106.19(1)(a)....
...ions of §
106.08(5) that deal with contribution price
caps, then FRL does not face liability. A contrary result is reached if the courts interpret the ban
on contributions enunciated in §
106.08(5) as a “limit” on contributions for purposes of §
106.19(1)(a).
9
FRL challenges §
106.08(5), Florida Statutes, as facially unconstitutional
under the First and Fourteenth Amendments....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...eports to be incorrect, false or incomplete in violation of §
106.07(6), Florida Statutes. Appellee moved to dismiss the information on the ground that the circuit court lacked jurisdiction in that the alleged offenses were misdemeanors pursuant to §
106.19(1), Florida Statutes....
...red as controlling. The state then filed the instant interlocutory appeal. In 1973 the state legislature adopted the Campaign Financing Act, ch. 73-128, Laws of Florida. Among the provisions of the Act were those now denoted as Section
106.07(6) and Section
106.19(1), Florida Statutes, respectively. Section
106.07(6) [1] provides that the willful and knowing certification of an incorrect, false or incomplete campaign contribution report is a felony of the third degree. Section
106.19(1) [2] provides, inter alia, that whosoever fails to report a campaign contribution or falsely reports or fails to include any information required by the Campaign Financing Act in a report is guilty of a misdemeanor of the first degree....
...eports of all contributions received, and all expenditures made, by or on behalf of a candidate for political office. Section
106.07(1), Florida Statutes. The making and filing of a false or incomplete report is a misdemeanor under the provisions of Section
106.19(1), Florida Statutes....
...ny from the misdemeanor act. These two crimes are therefore not inconsistent. Appellee further contends that the provisions of §
106.18 and §
106.21 of the Campaign Financing Act indicate that the legislature intended the misdemeanor provisions of §
106.19(1) to be the controlling provisions with regard to incorrect campaign contribution and expenditure reports. Sections
106.18 and
106.21 provide respectively:
106.18 When a candidate's name to be omitted from ballot. (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....
...(3) No certificate of election shall be granted to any candidate until all preelection reports required by §
106.07 have been filed in accordance with the provisions of §
106.07 or § 106.20.
106.21 Certificates of election not to be issued upon conviction. (1) If a successful candidate is convicted of violating §
106.19(1) prior to the issuance of his certificate of election, such certificate shall not be issued, and a vacancy shall be declared and filled as provided by law. (2) If a successful candidate is convicted of violating §
106.19(1) subsequent to the issuance of a certificate of election but prior to taking office, such certificate shall be rescinded by the issuing body and declared void, and a vacancy in office shall exist and be filled as provided by law. Appellee also contends that since only violations of §
106.19 will provide grounds for removal of a candidate's name from the ballot, or withholding or revocation of a certificate of election, that this constitutes clear evidence that the legislature intended the provisions of §
106.19 to be paramount to those of §
106.07(1)....
...Thus it appears that the legislature was attempting to fill a gap in the law through enactment of §
106.18 and §
106.21, and in no way intended these enactments to limit the application of the felony provisions of §
106.07(6). In conclusion, we determine that §
106.07(6) and §
106.19(1) proscribe different conduct and are separate and distinct offenses....
...Any campaign treasurer, candidate, or political committee chairman who willfully certifies the correctness of any report while knowing that such report is incorrect, false, or incomplete is guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084. [2] §
106.19(1) Any candidate; campaign manager, campaign treasurer, or deputy treasurer of any candidate; committee chairman, vice chairman, campaign treasurer, deputy treasurer, or other officer of any political committee; agent or person acting on be...
CopyCited 4 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 31
...V, § 3(b)(3), Fla. Const. Sam Falzone and three other individuals were indicted by the Pasco County Grand Jury for allegedly failing to file a statement of organization as a political committee as required by sections
106.03, Florida Statutes (1984 Supp.), and
106.19, Florida Statutes (1983), of Florida's Campaign Finance Law....
...ent of organization ... within 10 days after its organization or, if later, within 10 days after the date on which it has information which causes the committee to anticipate that it will receive contributions or make expenditures in excess of $500. Section
106.19 sets forth criminal penalties for violations of chapter 106. Pursuant to Falzone's motion, the county court dismissed the charges on the grounds that: 1) section
106.03 is unconstitutionally vague and overbroad; 2) the indictment does not charge a crime because section
106.19 does not include section
106.03 "violations" within its purview; and 3) the indictment fails to charge that each defendant knowingly and willfully acted as a political committee....
...We have previously approved of this procedure in Brown v. State,
376 So.2d 382 (Fla. 1979). We agree with the district court that section
106.03 is not vague or overbroad, and that the failure of a political committee to file a statement of organization is punishable under section
106.19....
...03 and are consequently unable to determine whether Falzone and his codefendants could be constitutionally regulated as a "political committee" for the purposes of section
106.03. Falzone's assertion that the criminal penalties for violating chapter
106.19, Florida Statutes (1983), do not apply to the failure to file a statement of organization under section
106.03 is without merit. Specifically, section
106.19(1)(c) creates a misdemeanor offense where: (1) Any candidate; campaign manager, campaign treasurer, or deputy treasurer of any candidate; committee chairman, vice-chairman, campaign treasurer, deputy treasurer, or other officer of any...
...(c) Falsely reports or deliberately fails to include any information required by this chapter. Falzone argues that the failure of a political committee to file a statement of organization as required by section
106.03 is not punishable under the provisions of
106.19 because the failure to file a statement of organization cannot be equated with the failure to "include any information" for purposes of
106.19. We disagree and adopt the district court's construction that *1341 section
106.19(1)(c) creates a misdemeanor for deliberately failing to provide the information called for in the statement of organization required by section
106.03....
...y failing to include the required information. Id. The indictment, therefore, is adequate. Accordingly, we approve the decision of the district court and uphold the constitutionality of section
106.03 and the application of the penalty provisions of section
106.19 to violations of section
106.03....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22082173
...The campaign treasurer is a formally designated campaign officer under the statute, see §
106.021, Fla. Stat. (1999), who is subject to being fined by the Commission (just like the candidate) if the campaign treasurer commits willful violations of the election law. Id. §§
106.19,
106.25(3),
106.265(1)....
...Closely related to the foregoing, but giving rise to separate charges, the Commission charged the candidate with failing to report 287 contributions on the schedules attached to the treasurer's reports. The failure to so report is a violation of paragraph 106.19(1)(b), Florida Statutes....
...ndidate loans. The loans should have been listed on the schedules of contributions attached to the reports for the periods ending November 19 and December 9. Since the candidate failed to list four loans this constitutes four violations of paragraph 106.19(1)(b)....
...Dept. of Prof'l. Regulation,
448 So.2d 1087, 1089-90 (Fla. 1st DCA 1984). Accordingly we reverse the finding of violations on these two claims. IX. The Commission charged, and the administrative law judge found, violations of subsection
106.11(3) and
106.19(1)(d), Florida Statutes (1999) which prohibits any candidate, campaign manager, or treasurer from authorizing any expenses or signing a check drawn on the primary campaign account, unless there are sufficient funds on deposit....
...[8] NOTES [1] The fact that the violation must be willful is not explicitly stated in subsection
106.265(1), but derives from subsection
106.25(3). For certain violations the Commission may assess a "civil penalty equal to three times the amount involved in the illegal act." Id. §
106.19(2)....
...le of contributions. [6] As previously explained, the treasurer's report for the period ending November 19, 1999, did not include any loans in the schedule of contributions attached to the report. This omission amounted to one violation of paragraph 106.19(1)(b)....
...The December 9 schedule omitted three additional loans which were: $10,000 on November 30; $2,000 on December 8; and $60,000 on December 9. These three omissions from the December 9 schedule of contributions constitute three additional violations of paragraph 106.19(1)(b). Thus we affirm a total of four violations of paragraph 106.19(1)(b)....
...ission on July 1, 2002, until the expiration of his or her current term. [8] In summary, we have affirmed the finding of seventeen violations: two violations of subsection
106.07(5) for the incorrect treasurer's reports; four violations of paragraph
106.19(1)(b) for the omitted loan amounts; five violations of subsection
106.143(1) for advertisements without disclaimers; five violations of subsection 106.132(2) for advertisements without indications of party affiliation; and one violation of paragraph
106.143(4)(a) for an advertisement without candidate approval....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 15629, 2001 WL 1355313
...In accordance with section
120.569(2), Florida Statutes (1997), the Florida Elections Commission referred the matter to the Division of Administrative Hearings. After a formal hearing before the Hon. Robert E. Meale, the administrative law judge (ALJ) found that, except as to section
106.19(1)(b), none of the violations was "willful." As to the section
106.19(1)(b) violation, the ALJ recommended the maximum penalty for one count, a fine of $1000....
...ing that, "as a matter of law," any violation that had occurred had been willful. See Ch. 97-13, § 1, at 86, § 56, at 136, Laws of Fla. (effective Jan. 1, 1998 and codified at § 106.37, Fla. Stat. (1997)). In addition, the final order treated the section 106.19(1)(b) violation as six separate "counts," and fined Dr....
...iolator). Commission counsel conceded at oral argument that the ALJ's findings as to willfulness must stand, absent retroactive application of section 106.37, Florida Statutes (1997). [1] The ALJ construed the allegation that Dr. McGann had violated section 106.19(1)(b) "on multiple occasions" as a single count, and recommended the maximum penalty authorized for a single count....
...se civil penalties in the form of fines not to exceed $1,000 per count." §
106.265(1), Fla. Stat. (1995). Despite the statute and the ALJ's recommendation, the Florida Elections Commission found Dr. McGann guilty of six separate counts of violating section
106.19(1)(b), even though only a single paragraph had charged that Dr. McGann had violated section
106.19(1)(b)....
...utive director's recommendation. It set out eight unnumbered paragraphs, one for each statutory provision Dr. McGann allegedly violated. In one paragraph, it alleged that he violated the following section(s) of Chapter 106, Florida Statutes: . . . . 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.... Concluding the quoted paragraph was proven, the ALJ found that Dr. McGann *766 violated section 106.19(1)(b) by willfully [2] failing to report six [3] contributions in a timely manner, and recommended that appellant be fined $1000 therefor, because the order of probable cause did not charge these violations in separate counts so denominated....
...Any agency seeking fines in excess of a statutory maximum "per count" would do well to set out discrete allegations in multiple counts, so designated. Finally, Dr. McGann argues that both the Florida Elections Commission and the ALJ erred in finding that he violated section 106.19(1)(b), because he did in fact report the campaign contributions, albeit tardily....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 2554
...10) days after its organization or within ten (10) days after the date on which it has information which causes the committee to anticipate that it will receive contributions or make expenditures in excess of $500.00; contrary to Chapters
106.03 and
106.19, Florida Statutes, and against the peace and dignity of the State of Florida....
...he following grounds: 1. Section
106.03 is unconstitutionally vague and overbroad and fails to place ordinary citizens on notice as to what conduct *788 is proscribed and when compliance is required. 2. The indictment does not charge a crime because section
106.19 does not include section
106.03 "violations" within its provisions....
...the burden imposed by section
106.03. The statute does not impermissibly impinge upon any constitutionally protected rights. Failure to Comply With Section
106.03 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, campaign treasurer, deputy treasurer, or other officer of any poli...
...ection. To the contrary, we believe that those within the purview of section
106.03 who knowingly *790 and willfully fail to file a statement of organization have deliberately failed to include "information required by this chapter" as proscribed by section
106.19(1)(c)....
...The construction of a statute leading to an absurd result should be avoided. McKibben v. Mallory,
293 So.2d 48 (Fla. 1974). We hold that section
106.03 requires the furnishing of the information called for in the statement of organization and that section
106.19 makes it a misdemeanor to deliberately fail to provide this information....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 3474, 2006 WL 565918
...ction
106.143(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 memorandum to the clerk reporting expenditures totaling $4,476.80 and by failing to file any report of the actual expenditures of $9,790.84....
...d president of Guetzloe Communications Group, Inc., a political consulting firm. [2] See Fla. R. Admin. Proc. 28-106.201. [3] The Commission noted that Guetzloe still owed money to the State for an unpaid fine that resulted from a prior violation of section 106.19(1)(c)....
CopyCited 2 times | Published | Supreme Court of Florida | 2001 WL 776667
...tute. While we recognize Brown's argument that Florida courts have not permitted convictions of election laws based on negligence to stand, see, e.g., Fulton v. Division of Elections,
689 So.2d 1180 (Fla. 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 whether Brown violated the statute....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 3444, 2000 WL 294820
...Pasquale did distribute copies it was not on behalf of Mr. Carroll. As a result of a complaint filed by Mr. Rifkin, the husband of Mrs. Pasquale's opponent in the election, the Florida Elections Commission issued an order of probable cause charging Mr. Pasquale with violating section
106.19(1)(b), Florida Statutes (1995), which requires "contributions" to be reported and section
106.07(5), Florida Statutes, which prohibits the certification *25 of an incorrect campaign treasurer's report. A contribution which must be reported under section
106.19(1)(b) is defined in section
106.011(3) as: A gift, subscription, conveyance, deposit, loan, payment, or distribution of money or anything of value, including contributions in kind having an attributable monetary value in any form.......
...The administrative law judge (ALJ) concluded that this was an editorial endorsement excluded by section
106.011(3) and thus found no violation in that regard. He did conclude, however, that by failing to report the value of the copies of the newsletter given to Mrs. Pasquale, Mr. Pasquale had violated section
106.19(1)(b), which requires the reporting of "any contribution" and section
106.07(5) which requires campaign treasurers to accurately report contributions. The ALJ recommended that Mr. Pasquale be fined $500. Both Mr. Pasquale and the Commission filed exceptions. The Commission adopted the recommendation of the ALJ that Mr. Pasquale had violated section
106.19(1)(b), because the copies produced by Mr....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2006 WL 176942
...The appellant filed suit against the Secretary of State alleging that many of the petitions submitted on behalf of DEBT failed to contain the names and addresses of the petition circulators in violation of section
100.371, Florida Statutes (2003). The appellant argues that section
106.191 renders these signature petitions invalid and the Secretary of State should not have counted them....
...e. Because the underlying language of section
100.371 regarding the names and addresses of paid petition circulators no longer has effect, the remedy sought by the appellant invalidation of the petitions counted by the Secretary of State under section
106.191, Florida Statutes (2003), is unavailable. Section
106.191 reads:
106.191 Signatures gathered for initiative petition; effect of ch....
...In addition, any initiative petition form approved by the Secretary of State prior to the effective date of this act may continue to be circulated. (emphasis added). Appellant argues that the underscored language renders invalid signature petitions lacking the names and addresses of paid circulators. We cannot, however, read section 106.191 in isolation....
...To give the appellant the relief it seeks, the disputed language of section
100.371 must be a provision of the act. Because section
100.371 bears no requirement that, to be valid, the petitions of paid signature gatherers must contain the names and addresses of the circulators, section
106.191 cannot be read to warrant the invalidation of such petitions. 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. Section
106.19(3), unlike section
106.191, contains an independent requirement that paid petition circulators provide their names and addresses on their petitions: 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. (emphasis added). Section
106.19(3) specifically provides civil penalties for any infractions in the petition signature gathering process, including the omission of a paid circulator's name and address from her petition. The requirement found in section
106.19(3) is still valid because it is self-contained....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 18651, 2010 WL 4967709
...y and contravenes the law being implemented. We agree and, therefore, reverse the final order. The Commission found probable cause to believe that Appellee knowingly and willfully accepted two campaign contributions in excess of $500 in violation of section 106.19(1)(a), Florida Statutes (2007)....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15683
misdemeanor of filing a false campaign report under Section 106.-19(1). In Zimmerman, the State appealed an order
CopyPublished | District Court of Appeal of Florida
violation may result in removal from the ballot. Section
106.19(1), Florida Statutes (2017), states it is a
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 10788, 2006 WL 1791710
...and outstanding checks, (3) failed to report contributions, and (4) made prohibited expenditures. The Commission notified Jennings in June 2003 that based on these accusations it was investigating him for violations of sections
106.07(5),
106.11(4),
106.19(l)(b), and
106.19(l)(d), Florida Statutes (2002)....
...aign account, in violation of section
106.021(3). The Commission filed an Order of Probable Cause in November 2003, and an Amended Order of Probable Cause in February 2004, finding probable cause to believe that Jennings violated sections
106.07(5),
106.19(l)(b), and
106.21(3)....
...Counts 1 and 2 alleged violations of section
106.07(5) for certifying that the original and first amended campaign treasurer reports for the reporting period of February 8 through 27, 2003, were true, correct and complete when they failed to list contributions; counts 3 through 26 alleged violations of section
106.19(l)(b) for failing to report contributions on the initial and first amended reports for the reporting period of February 8 through 27, 2003; *611 and counts 27 through 56 alleged violations of section
106.021(3) for signing expenditure checks when Jennings was not the campaign treasurer or deputy treasurer....
CopyPublished | Court of Appeals for the Eleventh Circuit
...lections Commission (FEC) to enforce the Florida campaign financing law. 2 This law provides for civil and criminal penalties if McArthur or his campaign officials knowingly and willfully fail to comply with the reporting requirements. See Fla.Stat. § 106.19(1)(b)-(c) (1985); 3 id....
...We believe, however, that the plaintiffs’ complaint adequately alleges that enforcement of the Florida campaign financing law against them was imminent. Once the FEC enforcement proceeding actually began, the district court should have treated the complaint as amended to allege that enforcement was on-going. . Fla.Stat. § 106.19(l)(bMc) (1985) states as follows: Any candidate; campaign manager, campaign treasurer, or deputy treasurer of any candidate; committee chairman, vice chairman, campaign treasurer, deputy treasurer, or other officer of any political committe...
CopyPublished | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 187259, 2012 WL 3541703
...1 Second, it relies upon a state grand jury report (DE 12, at 20, 25, 27) commissioned in 2010 (and post-dating the law by nearly two decades) that found that Florida had the most convictions of public officials on corruption charges in the country and noted “66 cases relating to violations of F.S. 106.19 (excessive contributions, false reports, fail[ure] to report)” and 13 cases involving other provisions of the statute at issue here (i.e., making a contribution in another’s name)....
