Florida Statute 106.265 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 106
CAMPAIGN FINANCING

View Entire Chapter

F.S. 106.265

106.265 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.

F.S. 106.265 on Google Scholar

F.S. 106.265 on Casetext

Amendments to 106.265

Arrestable Offenses / Crimes under Fla. Stat. 106.265

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 106.265.

Annotations, Discussions, Cases:

Cases Citing Statute 106.265

Total Results: 14

Florida Elections Commission v. Davis

Court: District Court of Appeal of Florida | Date Filed: 2010-09-30

Citation: 44 So. 3d 1211, 2010 Fla. App. LEXIS 14875, 2010 WL 3783436

Snippet: form of fines not to exceed $1,000 per count. § 106.265(1), Fla. Stat. (2006). At issue is whether an administrative

Browning v. Florida Hometown Democracy, Inc.

Court: Supreme Court of Florida | Date Filed: 2010-02-18

Citation: 29 So. 3d 1053, 35 Fla. L. Weekly Supp. 120, 2010 Fla. LEXIS 217, 2010 WL 546768

Snippet: and put ahead of all other actions”; section 106.265, Florida Statutes (2007), provides civil penalties

Dockery v. Hood

Court: District Court of Appeal of Florida | Date Filed: 2006-01-26

Citation: 922 So. 2d 258, 2006 WL 176942

Snippet: subject to the civil penalties prescribed in s. 106.265. (emphasis added). Section 106.19(3) specifically

Arza v. FLORIDA ELECTIONS COM'N.

Court: District Court of Appeal of Florida | Date Filed: 2005-07-20

Citation: 907 So. 2d 604, 2005 WL 1680787

Snippet: (2004); Fla. Admin. Code R. 2B-1.0055; see also § 106.265(1), Fla. Stat. (2004). We are unable to consider

Celestin v. Florida Elections Commission

Court: District Court of Appeal of Florida | Date Filed: 2003-11-05

Citation: 858 So. 2d 382, 2003 Fla. App. LEXIS 16707, 2003 WL 22492782

Snippet: 763 (Fla. 1st DCA 2001); § 106.265(l)(a) Fla. Stat. (1999). Section 106.265 lists several factors to be

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

Court: District Court of Appeal of Florida | Date Filed: 2003-09-10

Citation: 857 So. 2d 913, 2003 WL 22082173

Snippet: willful violation of chapter 106. See §§ 106.25(3), 106.265(1), Fla. Stat. (1999).[1] A willful violation is

Inquiry Concerning a Judge, No. 99-09, re Kinsey

Court: Supreme Court of Florida | Date Filed: 2003-01-30

Citation: 842 So. 2d 77, 28 Fla. L. Weekly Supp. 97, 2003 Fla. LEXIS 103

Snippet: approved, 494 So.2d 214 (Fla.1986); see also § 106.265, Fla. Stat (2002) (authorizing imposition of fine

In Re Kinsey

Court: Supreme Court of Florida | Date Filed: 2003-01-30

Citation: 842 So. 2d 77, 2003 WL 193520

Snippet: approved, 494 So.2d 214 (Fla.1986); see also § 106.265, Fla. Stat (2002) (authorizing imposition of fine

McGann v. Florida Elections Com'n

Court: District Court of Appeal of Florida | Date Filed: 2001-11-06

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

Snippet: penalty for one count, a fine of $1000. See § 106.265(1), Florida Statutes (1995). In its final order

Secretary of State v. Milligan

Court: District Court of Appeal of Florida | Date Filed: 1997-12-08

Citation: 704 So. 2d 152, 1997 WL 765659

Snippet: § 106.32(2) & (3), Fla. Stat. (1995). Section 106.265, Florida Statutes (1995), provided that the Florida

Smith v. Crawford

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

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

Snippet: the language of the applicable statutes. See §§ 106.265, 106.353(2), 106.36, Fla. Stat. (1993). Similarly

Smith v. Tynes

Court: District Court of Appeal of Florida | Date Filed: 1982-04-14

Citation: 412 So. 2d 925

Snippet: guilty of a first degree misdemeanor. Section 106.265 provides for civil penalties, to be imposed by

Zimmerman v. Florida Elections Commission

Court: District Court of Appeal of Florida | Date Filed: 1979-06-22

Citation: 373 So. 2d 58, 1979 Fla. App. LEXIS 15177

Snippet: appropriate. See Sections 106.25(4)(a), (b), 106.26, 106.265, Fla.Stat. (1977). . Chapter 77-175 was effective

Rude v. Florida Elections Commission

Court: District Court of Appeal of Florida | Date Filed: 1979-04-18

Citation: 370 So. 2d 809, 1979 Fla. App. LEXIS 14427

Snippet: authority was granted the Commission. Section 106.265, Florida Statutes (1977), authorizing the imposition