CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
The Honorable Mark Andersen Bay County Supervisor of Elections 205 Mosley Drive Lynn Haven, Florida 32444 Dear Mr. Andersen: You ask substantially the following question: What type of events are subject to the reporting requirements of section 111.012 , Florida Statutes? Section 111.012 (2)(a), Florida Statutes, governs the conduct of testimonials for elected public officers. 1 "Testimonial" is defined for purposes of section 111.012 , Florida Statutes, as "any breakfast, dinner, luncheon, rally, party, reception, or other affair held to honor or raise funds on behalf of any elected public officer, except a campaign fund raiser held pursuant to s....
...erson in charge of the testimonial with the Division of Elections in the case of a state or multi county district officer or, in the case of other officers, with the supervisor of elections for the county in which the officer resides. 3 In addition, section 111.012 (2)(a), Florida Statutes, requires that a testimonial account be established in a depository and a treasurer appointed: "No money or donation may be accepted, nor may any payment be made, with respect to such testimonial until the not...
...eneral fund thereof. A report of such disposition of funds shall be made by the person in charge of such testimonial within 90 days from the date the testimonial is held and shall be filed with the officer with whom the notice of intent is filed." 5 Section 111.012 (2)(e) and (f), Florida Statutes, provides that it is a first-degree misdemeanor for any person or officer to hold a testimonial, or consent to a testimonial being held, in violation of subsection (2) of the statute; further, it is a first-degree misdemeanor for any person required to dispose of the funds in a testimonial account to fail to dispose of the funds in the manner prescribed by the statute. The parameters of section 111.012 , Florida Statutes, have not been judicially determined by the appellate courts of this state....
...The legislative history regarding the adoption of a statute, however, may be used to clarify ambiguity within the statute and to discern legislative intent. In construing a statute, a court will consider its history, the evil to be corrected, the purpose of the enactment, and the state of the law already in existence. 6 Section 111.012 , Florida Statutes, was adopted in 1981 by Chapter 81-304, Laws of Florida....
...8 "Testimonial" was generally defined in section
106.011 (11), Florida Statutes (1978 Supplement), to mean "any breakfast, dinner, luncheon, rally, party, reception, or other affair held to raise funds for any purpose." In 1981, Chapter 81-304, Laws of Florida, created section
111.012 , Florida Statutes....
...ers. No contribution limits are established. Testimonials for public officers are removed from Chapter 106 and placed in Chapter 111 which also contains gift reporting provisions." 10 As noted above, the term "testimonial" is defined for purposes of section 111.012 , Florida Statutes, as "any breakfast, dinner, luncheon, rally, party, reception, or other affair held to honor or raise funds on behalf of any elected public officer, except a campaign fund raiser held pursuant to s....
...in nature and character to those specifically enumerated in the statute, 11 the definition does not, like its predecessors, limit its terms to fund raisers. Other provisions of the statute, however, relate to the acceptance of funds. 12 For example, section 111.012 (2)(b), Florida Statutes, states that the notice of the testimonial required to be filed must state, among other things, the purpose for which the funds raised are to be used. Thus, while section 111.012 , Florida Statutes, refers to affairs to honor or raise funds, 13 I cannot conclude that the Legislature intended to encompass all events honoring a public official where no funds are being raised or payments made to attend....
...Accordingly, in the absence of clear expression of legislative intent and in light of the criminal penalties imposed for violation of the statute, I am of the opinion that legislative clarification should be sought to determine whether the provisions of section 111.012 , Florida Statutes, apply to those affairs held in honor of an elected public official when no funds are raised at such event. Sincerely, Charlie Crist Attorney General 1 See , s. 111.012 (1)(b), Fla. Stat., defining "Elected public officer" to mean "any individual holding an elective state, county, municipal, or school or other district office or position." 2 Section 111.012 (1)(a), Fla. Stat. 3 See , s. 111.012 (2)(a) and (b), Fla....
...n or persons in charge of the testimonial, the name and address of the officer in whose honor or on whose behalf the testimonial is to be held, the purpose for which the testimonial is to be held and the purpose for which the funds are to be used. 4 Section 111.012 (2)(c), Fla. Stat. 5 Section 111.012 (2)(d), Fla....
...same kind or species as those specifically enumerated); Ops. Att'y Gen. Fla. 99-32 (1999) and 97-36 (1997) (general term "other structures" may be interpreted to include facilities comparable to or in the same class as those enumerated). 12 And see, s. 111.012 (2)(a), Fla. Stat. (no money or donation may be accepted until the notice of intent has been filed and the testimonial account has been established and a treasurer appointed); s. 111.012 (2)(c), Fla. Stat. (all money and donations received with respect to such testimonial shall be received and made only through the appointed treasurer); s. 111.012 (2)(d), Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 2685, 1992 WL 48900
...uld have subjected the Judge, appellee, and every attorney who contributed to his testimonial, to a maximum one-year jail sentence and $1,000 fine, due to the contributions made by the attorneys and the gifts given to, and accepted by the Judge. See § 111.012(2)(e), (f), Fla.Stat....
...g these facts could not reasonably question his impartiality. Finally, appellant’s assertion that the. Judge, appellee, and every attorney who contributed to the Judge’s testimonial luncheon would have been subject to criminal prosecution, under section 111.012(2)(e), (f), Florida Statutes (1991), but for the running of the statute of limitations, is not only presumptuous but also unmeritorious....
