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The 2024 Florida Statutes
(including 2025 Special Session C)
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F.S. 106.265106.265 Civil penalties.—(1)(a) The commission or, in cases referred to the Division of Administrative Hearings pursuant to s. 106.25(5), the administrative law judge is authorized upon the finding of a violation of this chapter or chapter 104 to impose civil penalties in the form of fines not to exceed $2,500 per count. The fine may be multiplied by a factor of 3, not to exceed $7,500, for each subsequent count of the same category, beginning with the fourth offense. (b) If applicable, the commission or the administrative law judge may instead impose a civil penalty as provided in s. 104.271 or s. 106.19. (2) A fine imposed against a political committee jointly and severally attaches to the chair of the political committee if the political committee does not pay the fine within 30 days. (3) In determining the amount of such civil penalties, the commission or administrative law judge shall consider, among other mitigating and aggravating circumstances:(a) The gravity of the act or omission; (b) Any previous history of similar acts or omissions; (c) The appropriateness of such penalty to the financial resources of the person, political committee, affiliated party committee, electioneering communications organization, or political party; and (d) Whether the person, political committee, affiliated party committee, electioneering communications organization, or political party has shown good faith in attempting to comply with the provisions of this chapter or chapter 104. (4) If any person, political committee, affiliated party committee, electioneering communications organization, or political party fails or refuses to pay to the commission any civil penalties assessed pursuant to the provisions of this section, the commission shall be responsible for collecting the civil penalties resulting from such action. (5) Any civil penalty collected pursuant to the provisions of this section shall be deposited into the General Revenue Fund. (6) Any fine assessed pursuant to this chapter shall be deposited into the General Revenue Fund. (7) In any case in which the commission determines that a person has filed a complaint against another person with a malicious intent to injure the reputation of the person complained against by filing the complaint with knowledge that the complaint contains one or more false allegations or with reckless disregard for whether the complaint contains false allegations of fact material to a violation of this chapter or chapter 104, the complainant shall be liable for costs and reasonable attorney’s fees incurred in the defense of the person complained against, including the costs and reasonable attorney’s fees incurred in proving entitlement to and the amount of costs and fees. If the complainant fails to pay such costs and fees voluntarily within 30 days following such finding by the commission, the commission shall forward such information to the Department of Legal Affairs, which shall bring a civil action in a court of competent jurisdiction to recover the amount of such costs and fees awarded by the commission. History.—s. 61, ch. 77-175; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 4, ch. 86-276; ss. 7, 14, 15, ch. 90-338; s. 5, ch. 91-429; s. 51, ch. 97-13; s. 36, ch. 98-129; s. 3, ch. 2000-355; s. 22, ch. 2004-252; ss. 24, 30, ch. 2011-6; s. 72, ch. 2011-40; HJR 7105, 2011 Regular Session; s. 24, ch. 2013-37; s. 50, ch. 2023-120.
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Annotations, Discussions, Cases:
Cases Citing Statute 106.265
Total Results: 13
842 So. 2d 77, 2003 WL 193520
Supreme Court of Florida | Filed: Jan 30, 2003 | Docket: 2518657
Cited 41 times | Published
approved, 494 So.2d 214 (Fla.1986); see also § 106.265, Fla. Stat (2002) (authorizing imposition of fine
29 So. 3d 1053, 35 Fla. L. Weekly Supp. 120, 2010 Fla. LEXIS 217, 2010 WL 546768
Supreme Court of Florida | Filed: Feb 18, 2010 | Docket: 1185383
Cited 8 times | Published
court ... and put ahead of all other actions”; section 106.265, Florida Statutes (2007), provides civil penalties
907 So. 2d 604, 2005 WL 1680787
District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 1513068
Cited 5 times | Published
(2004); Fla. Admin. Code R. 2B-1.0055; see also § 106.265(1), Fla. Stat. (2004). We are unable to consider
857 So. 2d 913, 2003 WL 22082173
District Court of Appeal of Florida | Filed: Sep 10, 2003 | Docket: 1774218
Cited 3 times | Published
this argument on the facts presented here.
Section 106.265, Florida Statutes authorizes the Commission
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
maximum penalty for one count, a fine of $1000. See § 106.265(1), Florida Statutes (1995).
In its final order
704 So. 2d 152, 1997 WL 765659
District Court of Appeal of Florida | Filed: Dec 8, 1997 | Docket: 1354864
Cited 2 times | Published
[1] § 106.32(2) & (3), Fla. Stat. (1995). Section 106.265, Florida Statutes (1995), provided that the
817 F.2d 1548, 1987 U.S. App. LEXIS 6930
Court of Appeals for the Eleventh Circuit | Filed: Jun 2, 1987 | Docket: 803941
Cited 2 times | Published
775.083.
4
Section 106.265 states in relevant part as follows:
412 So. 2d 925, 3 Educ. L. Rep. 1154
District Court of Appeal of Florida | Filed: Apr 14, 1982 | Docket: 1525867
Cited 2 times | Published
day is guilty of a first degree misdemeanor. Section 106.265 provides for civil penalties, to be imposed
44 So. 3d 1211, 2010 Fla. App. LEXIS 14875, 2010 WL 3783436
District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 2402147
Cited 1 times | Published
form of fines not to exceed $1,000 per count.
§ 106.265(1), Fla. Stat. (2006). At issue is whether an
858 So. 2d 382, 2003 Fla. App. LEXIS 16707, 2003 WL 22492782
District Court of Appeal of Florida | Filed: Nov 5, 2003 | Docket: 64826220
Published
763 (Fla. 1st DCA 2001); § 106.265(l)(a) Fla. Stat. (1999).
Section 106.265 lists several factors to
842 So. 2d 77, 28 Fla. L. Weekly Supp. 97, 2003 Fla. LEXIS 103
Supreme Court of Florida | Filed: Jan 30, 2003 | Docket: 64821968
Published
approved, 494 So.2d 214 (Fla.1986); see also § 106.265, Fla. Stat (2002) (authorizing imposition of fine
817 F.2d 1548
Court of Appeals for the Eleventh Circuit | Filed: Jun 2, 1987 | Docket: 66225279
Published
See Fla.Stat. § 106.19(1)(b)-(c) (1985);3 id. § 106.-265 (amended 1986);4 see also id. §§ 775.-082 & 775
370 So. 2d 809, 1979 Fla. App. LEXIS 14427
District Court of Appeal of Florida | Filed: Apr 18, 1979 | Docket: 64570092
Published
such authority was granted the Commission. Section 106.265, Florida Statutes (1977), authorizing the imposition
