|
|
The 2024 Florida Statutes
(including 2025 Special Session C)
|
|
|
|
|
F.S. 106.23106.23 Powers of the Division of Elections.—(1) In order to carry out the responsibilities prescribed by s. 106.22, the Division of Elections is empowered to subpoena and bring before its duly authorized representatives any person in the state, or any person doing business in the state, or any person who has filed or is required to have filed any application, document, papers, or other information with an office or agency of this state or a political subdivision thereof and to require the production of any papers, books, or other records relevant to any investigation, including the records and accounts of any bank or trust company doing business in this state. Duly authorized representatives of the division are empowered to administer all oaths and affirmations in the manner prescribed by law to witnesses who shall appear before them concerning any relevant matter. Should any witness fail to respond to the lawful subpoena of the division or, having responded, fail to answer all lawful inquiries or to turn over evidence that has been subpoenaed, the division may file a complaint before any circuit court of the state setting up such failure on the part of the witness. On the filing of such complaint, the court shall take jurisdiction of the witness and the subject matter of said complaint and shall direct the witness to respond to all lawful questions and to produce all documentary evidence in the witness’s possession which is lawfully demanded. The failure of any witness to comply with such order of the court shall constitute a direct and criminal contempt of court, and the court shall punish said witness accordingly. However, the refusal by a witness to answer inquiries or turn over evidence on the basis that such testimony or material will tend to incriminate such witness shall not be deemed refusal to comply with the provisions of this chapter. (2) The Division of Elections shall provide advisory opinions when requested by any supervisor of elections, candidate, local officer having election-related duties, political party, affiliated party committee, political committee, or other person or organization engaged in political activity, relating to any provisions or possible violations of Florida election laws with respect to actions such supervisor, candidate, local officer having election-related duties, political party, affiliated party committee, committee, person, or organization has taken or proposes to take. Requests for advisory opinions must be submitted in accordance with rules adopted by the Department of State. A written record of all such opinions issued by the division, sequentially numbered, dated, and indexed by subject matter, shall be retained. A copy shall be sent to said person or organization upon request. Any such person or organization, acting in good faith upon such an advisory opinion, shall not be subject to any criminal penalty provided for in this chapter. The opinion, until amended or revoked, shall be binding on any person or organization who sought the opinion or with reference to whom the opinion was sought, unless material facts were omitted or misstated in the request for the advisory opinion. History.—s. 23, ch. 73-128; s. 3, ch. 76-233; s. 58, ch. 77-175; s. 651, ch. 95-147; s. 47, ch. 97-13; s. 8, ch. 2001-75; ss. 23, 30, ch. 2011-6; HJR 7105, 2011 Regular Session; s. 23, ch. 2013-37.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 106.23
Total Results: 17
645 So. 2d 513, 1994 WL 592242
District Court of Appeal of Florida | Filed: Oct 26, 1994 | Docket: 1223127
Cited 19 times | Published
review and approve it before it was released.[6] Section 106.23 does not require that the Secretary of State
625 So. 2d 840, 1993 WL 380207
Supreme Court of Florida | Filed: Sep 30, 1993 | Docket: 2523038
Cited 19 times | Published
Elections until such opinions are amended or revoked. § 106.23, Fla. Stat. (1991). Moreover, although not binding
772 So. 2d 1220, 2000 WL 1725434
Supreme Court of Florida | Filed: Nov 21, 2000 | Docket: 2561311
Cited 11 times | Published
Beach County Canvassing Board, pursuant to section 106.23, Florida Statutes (2000), sought an advisory
354 F. Supp. 3d 1280
District Court, N.D. Florida | Filed: Jul 24, 2018 | Docket: 64322264
Cited 3 times | Published
the opinion was sought ...") (quoting Fla. Stat. § 106.23(2). This argument is faulty for a host of reasons
765 So. 2d 289, 2000 WL 1180231
District Court of Appeal of Florida | Filed: Aug 22, 2000 | Docket: 1522963
Cited 3 times | Published
his Statement of Candidate as required by section 106.023, Florida Statutes, to the supervisor of elections
234 F.3d 1133
Court of Appeals for the Eleventh Circuit | Filed: Dec 18, 2000 | Docket: 257768
Cited 2 times | Published
(2000).
54
Pursuant to section 106.23(2),42 the Division of Elections, a division
616 So. 2d 473, 1993 WL 33806
District Court of Appeal of Florida | Filed: Mar 31, 1993 | Docket: 1385426
Cited 1 times | Published
appeal, which we have agreed to expedite.
[2] See § 106.23(2), Fla. Stat. (1991).
[3] Assuming the trial
718 F.2d 363, 1983 U.S. App. LEXIS 15866
Court of Appeals for the Eleventh Circuit | Filed: Oct 24, 1983 | Docket: 254339
Cited 1 times | Published
requested an advisory opinion pursuant to Fla.Stat. § 106.23(2) (1979), “about the Deputy Supervisor of Elections
Court of Appeals for the Eleventh Circuit | Filed: Sep 11, 2020 | Docket: 18439265
Published
id. at 1206–07,
1214–16, 1315. See Fla. Stat. § 106.23(2) (setting forth the advisory opinion
process)
Court of Appeals for the Eleventh Circuit | Filed: Sep 11, 2020 | Docket: 18430246
Published
id. at 1206–07,
1214–16, 1315. See Fla. Stat. § 106.23(2) (setting forth the advisory opinion
process)
District Court of Appeal of Florida | Filed: Jan 15, 2020 | Docket: 16695553
Published
officers concerning campaign finance law. See
§ 106.023, Fla. Stat. (2009). Because we reach our conclusion
804 So. 2d 1243, 26 Fla. L. Weekly Supp. 829, 2001 Fla. LEXIS 2309, 2001 WL 1628487
Supreme Court of Florida | Filed: Dec 20, 2001 | Docket: 64811723
Published
are binding upon any person who seeks them. See § 106.23(2), Fla. Stat. (1999). Although an advisory opinion
234 F.3d 1133, 2000 WL 1781942
Court of Appeals for the Eleventh Circuit | Filed: Dec 6, 2000 | Docket: 396313
Published
laws.”41 Fla. Stat. § 97.012(1).
Pursuant to section 106.23(2),42 the Division of Elections, a division
Florida Attorney General Reports | Filed: Nov 14, 2000 | Docket: 3258825
Published
authority granted to the division by Florida law. Section 106.23(2), Florida Statutes, provides the division
422 So. 2d 980, 1982 Fla. App. LEXIS 21620
District Court of Appeal of Florida | Filed: Nov 17, 1982 | Docket: 64593737
Published
not acted unreasonably and denied the motion.
Section 106.23(2) provides:
The Division of Elections shall
413 So. 2d 109, 1982 Fla. App. LEXIS 19827
District Court of Appeal of Florida | Filed: Apr 21, 1982 | Docket: 64589589
Published
Elections, Department of State, in accordance with section 106.23(2), Florida Statutes (1981). We have examined
Florida Attorney General Reports | Filed: May 4, 1977 | Docket: 3258097
Published
courts or the time for such appeal has expired.
Section 106.23(2), F. S., as amended by Ch. 76-233, Laws of
