Florida Statute 106.23 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 106
CAMPAIGN FINANCING

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F.S. 106.23

106.23 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.

F.S. 106.23 on Google Scholar

F.S. 106.23 on Casetext

Amendments to 106.23

Arrestable Offenses / Crimes under Fla. Stat. 106.23

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 106.23.

Annotations, Discussions, Cases:

Cases Citing Statute 106.23

Total Results: 20

SIDNEY F. DINERSTEIN v. SUSAN BUCHER, SUPV. OF ELECTIONS

Court: District Court of Appeal of Florida | Date Filed: 2020-01-15

Snippet: officers concerning campaign finance law. See § 106.023, Fla. Stat. (2009). Because we reach our conclusion

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Court: Florida Attorney General Reports | Date Filed: 2005-11-09

Snippet: Elections within the Department of State. See s. 106.23(2), Fla. Stat., authorizing the Division of Elections

Westerheide v. State

Court: Supreme Court of Florida | Date Filed: 2002-10-17

Citation: 831 So. 2d 93, 2002 WL 31319386

Snippet: percent chance of reoffending. See majority op. at 106. [23] The Wisconsin Supreme Court recently approved

Miller v. Mendez

Court: Supreme Court of Florida | Date Filed: 2001-12-20

Citation: 804 So. 2d 1243, 26 Fla. L. Weekly Supp. 829, 2001 Fla. LEXIS 2309, 2001 WL 1628487

Snippet: are binding upon any person who seeks them. See § 106.23(2), Fla. Stat. (1999). Although an advisory opinion

Palm Beach County Canvassing Bd. v. Harris

Court: Supreme Court of Florida | Date Filed: 2000-11-21

Citation: 772 So. 2d 1220, 2000 WL 1725434

Snippet: Beach County Canvassing Board, pursuant to section 106.23, Florida Statutes (2000), sought an advisory opinion

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Court: Florida Attorney General Reports | Date Filed: 2000-11-14

Snippet: granted to the division by Florida law. Section 106.23(2), Florida Statutes, provides the division with

City of Jacksonville v. Cook

Court: District Court of Appeal of Florida | Date Filed: 2000-08-22

Citation: 765 So. 2d 289, 2000 WL 1180231

Snippet: Statement of Candidate as required by section 106.023, Florida Statutes, to the supervisor of elections

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Court: Florida Attorney General Reports | Date Filed: 2000-05-16

Snippet: Legislature to issue advisory opinions. See, s. 106.23(2), Fla. Stat. This office has been advised that

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Court: Florida Attorney General Reports | Date Filed: 1999-06-08

Snippet: of the provisions of the Elections Code. See, s. 106.23(2), Fla. Stat. 2 See, Ops. Att'y Gen. Fla. 69-2

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Court: Florida Attorney General Reports | Date Filed: 1998-04-30

Snippet: Butterworth Attorney General RAB/tjw 1 See, ss. 106.23(2) and 112.322(3), Fla. Stat., respectively. 2

Smith v. Crawford

Court: District Court of Appeal of Florida | Date Filed: 1994-10-26

Citation: 645 So. 2d 513, 1994 WL 592242

Snippet: Elections rendered, as authorized in subsection 106.23(2), Florida Statutes (1993), Advisory Opinion DE

Krivanek v. TAKE BACK TAMPA POLITICAL COM.

Court: Supreme Court of Florida | Date Filed: 1993-09-30

Citation: 625 So. 2d 840, 1993 WL 380207

Snippet: Elections until such opinions are amended or revoked. § 106.23, Fla. Stat. (1991). Moreover, although not binding

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Court: Florida Attorney General Reports | Date Filed: 1993-07-29

Snippet: Butterworth Attorney General RAB/tjw 1 See, s. 106.23(2), F.S. 2 Section 119.01(1), F.S. And see, s.

Gonzalez v. Vogel

Court: District Court of Appeal of Florida | Date Filed: 1993-03-31

Citation: 616 So. 2d 473, 1993 WL 33806

Snippet: appeal, which we have agreed to expedite. [2] See § 106.23(2), Fla. Stat. (1991). [3] Assuming the trial

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Court: Florida Attorney General Reports | Date Filed: 1986-06-19

Snippet: Department of State to render advisory opinions, see, s. 106.23(2), F.S., it is the policy of this office to refer

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Court: Florida Attorney General Reports | Date Filed: 1986-01-29

Snippet: statutory authority to issue advisory opinions. See, s. 106.23(2), F.S. In AGO 72-126, this office concluded that

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Court: Florida Attorney General Reports | Date Filed: 1984-02-09

Snippet: and recommend legal disposition of violations); s 106.23(1); s 106.25 (jurisdiction to investigate and determine

WFSH of Niceville v. City of Niceville

Court: District Court of Appeal of Florida | Date Filed: 1982-11-17

Citation: 422 So. 2d 980, 1982 Fla. App. LEXIS 21620

Snippet: acted unreasonably and denied the motion. Section 106.23(2) provides: The Division of Elections shall provide

Sullivan v. Division of Elections

Court: District Court of Appeal of Florida | Date Filed: 1982-04-21

Citation: 413 So. 2d 109, 1982 Fla. App. LEXIS 19827

Snippet: Department of State, in accordance with section 106.23(2), Florida Statutes (1981). We have examined our

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Court: Florida Attorney General Reports | Date Filed: 1980-02-26

Snippet: of Elections of the Department of State. See s. 106.23(2), F. S. Section 5(a), Art. II, State Const.,