Florida Statutes

Fla. Stat. § 106.27 (2025)

Determinations by commission; legal disposition.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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106.27 Determinations by commission; legal disposition.—

(1) Criminal proceedings for violations of this chapter or chapter 104 may be brought in the appropriate court of competent jurisdiction. Any such action brought under this chapter or chapter 104 shall be advanced on the docket of the court in which filed and put ahead of all other actions.

(2) Civil actions may be brought by the commission for relief, including permanent or temporary injunctions, restraining orders, or any other appropriate order for the imposition of civil penalties provided by this chapter. Such civil actions shall be brought by the commission in the appropriate court of competent jurisdiction, and the venue shall be in the county in which the alleged violation occurred or in which the alleged violator or violators are found, reside, or transact business. Upon a proper showing that such person, political committee, affiliated party committee, or political party has engaged, or is about to engage, in prohibited acts or practices, a permanent or temporary injunction, restraining order, or other order shall be granted without bond by such court, and the civil fines provided by this chapter may be imposed.

(3) Civil actions may be brought to enjoin temporarily the issuance of certificates of election to successful candidates who are alleged to have violated the provisions of this chapter or chapter 104. Such injunctions shall issue upon a showing of probable cause that such violation has occurred. Such actions shall be brought in the circuit court for the circuit in which is located the officer before whom the candidate qualified for office.

History.—s. 27, ch. 73-128; s. 13, ch. 74-200; s. 62, ch. 77-175; s. 1, ch. 82-46; s. 2, ch. 83-265; ss. 8, 14, 15, ch. 90-338; s. 5, ch. 91-429; s. 37, ch. 98-129; ss. 25, 30, ch. 2011-6; HJR 7105, 2011 Regular Session; s. 25, ch. 2013-37.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1977–2024 · leading case: Browning v. Florida Hometown Democracy, Inc., 29 So. 3d 1053 (Fla. 2010).

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Browning v. Florida Hometown Democracy, Inc., 29 So. 3d 1053 (Fla. 2010). · cites it 6× “25(6) obligates the appropriate state attorney to investigate and, if necessary, prosecute complaints referred by the Florida Elections Commission; section 106.27(1), Florida Statutes (2007), provides that "[c]riminal proceedings for violations of .”

Richman v. Shevin, 354 So. 2d 1200 (Fla. 1977). · cites it 2× “The action of the Elections Commission had been concluded, and Notice of Determination had been filed by the Commission with the Department of Legal Affairs pursuant to the dictates of Section 106.27, Florida Statutes (1975). Appellee, Elections Commission of the State of…”

Cullen v. Cheal, 586 So. 2d 1228 (Fla. 3d DCA 1991). · cites it 5× “Section 106.27, Florida Statutes (Supp.1990), must be read in pari materia with the remainder of chapter 106.”

Repub. Party v. Florida Elections Comm'n, 658 So. 2d 653 (Fla. 1st DCA 1995). · cites it 4× “; that the Democratic Party was not the proper party to enforce section 106.27, and the Commission had filed no pleadings yet; and that while a probable cause determination had been made, no evidence had been taken yet.”

Day v. State, 977 So. 2d 664 (Fla. 5th DCA 2008). “" The second appears in section 106.27, where, in reference to "criminal proceedings," the Legislature calls this "any such action.”

Adam Richardson v. Sec'y, Florida Agency for Health Care Admin. (Fla. 2024). · cites it 2× “See § 106.27, Fla. Stat. (2024). They deny that Petitioner has standing to seek quo warranto under our cases, which have never allowed -4- invocation of the writ by a citizen or taxpayer to enforce a criminal statute.”

— 106.27(1) — 1 case

Browning v. Florida Hometown Democracy, Inc., 29 So. 3d 1053 (Fla. 2010). “25(6) obligates the appropriate state attorney to investigate and, if necessary, prosecute complaints referred by the Florida Elections Commission; section 106.27(1), Florida Statutes (2007), provides that "[c]riminal proceedings for violations of .”

— 106.27(2) — 2 cases

Repub. Party v. Florida Elections Comm'n, 658 So. 2d 653 (Fla. 1st DCA 1995). “; that the Democratic Party was not the proper party to enforce section 106.27, and the Commission had filed no pleadings yet; and that while a probable cause determination had been made, no evidence had been taken yet.”

— 106.27(3) — 1 case

Cullen v. Cheal, 586 So. 2d 1228 (Fla. 3d DCA 1991). “Section 106.27, Florida Statutes (Supp.1990), must be read in pari materia with the remainder of chapter 106.”

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