Florida Statute 106.19 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 106
CAMPAIGN FINANCING

View Entire Chapter

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

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Amendments to 106.19

Annotations, Discussions, Cases:

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

Cases Citing Statute 106.19

Total Results: 17

Florida Right to Life v. Lawson Lamar

273 F.3d 1318, 2001 U.S. App. LEXIS 25319, 2001 WL 1509579

Court of Appeals for the Eleventh Circuit | Filed: Nov 28, 2001 | Docket: 397106

Cited 21 times | Published

criminal and civil penalties. The language found in § 106.19(1)(a) & (2), which details the penalties for campaign

State v. Zimmerman

370 So. 2d 1179

District Court of Appeal of Florida | Filed: Mar 14, 1979 | Docket: 1386820

Cited 5 times | Published

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

Falzone v. State

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

Supreme Court of Florida | Filed: Jan 5, 1987 | Docket: 1295512

Cited 4 times | Published

contributions or make expenditures in excess of $500. Section 106.19 sets forth criminal penalties for violations

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

857 So. 2d 913, 2003 WL 22082173

District Court of Appeal of Florida | Filed: Sep 10, 2003 | Docket: 1774218

Cited 3 times | Published

times the amount involved in the illegal act." Id. § 106.19(2). [2] Section 106.37, Florida Statutes, states:

McGann v. Florida Elections Com'n

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

District Court of Appeal of Florida | Filed: Nov 6, 2001 | Docket: 1784840

Cited 3 times | Published

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

Guetzloe v. FLORIDA ELECTIONS COM'N

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

District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 1765210

Cited 2 times | Published

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

The Florida Bar v. Brown

790 So. 2d 1081, 2001 WL 776667

Supreme Court of Florida | Filed: Jul 12, 2001 | Docket: 1411585

Cited 2 times | Published

2d DCA 1997) (negligent failure to adhere to section 106.19, Florida Statutes, requiring that pamphlets

State v. Greco

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

District Court of Appeal of Florida | Filed: Nov 15, 1985 | Docket: 463677

Cited 2 times | Published

indictment does not charge a crime because section 106.19 does not include section 106.03 "violations"

Florida Elections Commission v. Blair

52 So. 3d 9, 2010 Fla. App. LEXIS 18651, 2010 WL 4967709

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 235627

Cited 1 times | Published

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

Dockery v. Hood

922 So. 2d 258, 2006 WL 176942

District Court of Appeal of Florida | Filed: Jan 26, 2006 | Docket: 1683424

Cited 1 times | Published

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

Pasquale v. Florida Elections Com'n

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

District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 1421421

Cited 1 times | Published

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

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

257 So. 3d 168

District Court of Appeal of Florida | Filed: Nov 13, 2018 | Docket: 8168696

Published

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

Towbin v. Antonacci

885 F. Supp. 2d 1274, 2012 U.S. Dist. LEXIS 187259, 2012 WL 3541703

District Court, S.D. Florida | Filed: Aug 7, 2012 | Docket: 65984241

Published

and noted “66 cases relating to violations of F.S. 106.19 (excessive contributions, false reports, fail[ure]

Jennings v. Florida Elections Commission

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

District Court of Appeal of Florida | Filed: Jun 30, 2006 | Docket: 64845617

Published

contributions; counts 3 through 26 alleged violations of section 106.19(l)(b) for failing to report contributions on

Fulton v. Division of Elections

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

District Court of Appeal of Florida | Filed: Mar 12, 1997 | Docket: 64771805

Published

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

McArthur v. Firestone

817 F.2d 1548

Court of Appeals for the Eleventh Circuit | Filed: Jun 2, 1987 | Docket: 66225279

Published

with the reporting requirements. See Fla.Stat. § 106.19(1)(b)-(c) (1985);3 id. § 106.-265 (amended 1986);4

Madar v. State

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

District Court of Appeal of Florida | Filed: Oct 31, 1979 | Docket: 64572612

Published

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