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Florida Statute 106.071 | Lawyer Caselaw & Research
F.S. 106.071 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 106.071

The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 106
CAMPAIGN FINANCING
View Entire Chapter
F.S. 106.071
106.071 Independent expenditures; electioneering communications; reports; disclaimers.
(1) Each person who makes an independent expenditure with respect to any candidate or issue, and each individual who makes an expenditure for an electioneering communication which is not otherwise reported pursuant to this chapter, which expenditure, in the aggregate, is in the amount of $5,000 or more, shall file periodic reports of such expenditures in the same manner, at the same time, subject to the same penalties, and with the same officer as a political committee supporting or opposing such candidate or issue. The report shall contain the full name and address of the person making the expenditure; the full name and address of each person to whom and for whom each such expenditure has been made; the amount, date, and purpose of each such expenditure; a description of the services or goods obtained by each such expenditure; the issue to which the expenditure relates; and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made.
(2) Any political advertisement, other than a text message or a telephone call, paid for by an independent expenditure must prominently state “Paid political advertisement paid for by   (Name and address of person paying for advertisement)   independently of any   (candidate or committee)  .”
(3) Subsection (2) does not apply to novelty items having a retail value of $10 or less which support, but do not oppose, a candidate or issue.
(4) Any person who fails to include the disclaimer prescribed in subsection (2) in any political advertisement that is required to contain such disclaimer commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 47, ch. 77-175; s. 10, ch. 89-256; s. 4, ch. 2004-252; s. 25, ch. 2010-167; ss. 13, 30, ch. 2011-6; HJR 7105, 2011 Regular Session; s. 2, ch. 2021-49.

F.S. 106.071 on Google Scholar

F.S. 106.071 on Casetext

Amendments to 106.071


Arrestable Offenses / Crimes under Fla. Stat. 106.071
Level: Degree
Misdemeanor/Felony: First/Second/Third

S106.071 - ELECTION LAWS - FAIL TO PROVIDE POLITICAL DISCLAIMER - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

a No. RE J. DECKER, III, 212 So. 3d 291 (Fla. 2017)

. . . Finally, this conduct violated section 106.071(3), Florida Statutes, which prohibits a candidate for . . .

WORLEY v. K. ROBERTS, 749 F. Supp. 2d 1321 (N.D. Fla. 2010)

. . . concede, that Florida law would prohibit the plaintiffs from airing anonymous advertisements, see § 106.071 . . .

GUETZLOE, v. STATE, 980 So. 2d 1145 (Fla. Dist. Ct. App. 2008)

. . . Following the election, the disclosure form required by section 106.071 was filed identifying Guetzloe . . . Mortham, 708 So.2d 929 (Fla.1998), the plaintiffs argued that section 106.071(1), was over-broad and . . .

K. BEARDSLEE, v. FLORIDA ELECTIONS COMMISSION,, 962 So. 2d 390 (Fla. Dist. Ct. App. 2007)

. . . . § 106.071, Fla. Stat. Mrs. . . .

M. GUETZLOE, v. FLORIDA ELECTIONS COMMISSION,, 927 So. 2d 942 (Fla. Dist. Ct. App. 2006)

. . . Section 106.071(1) (2003) provided: Each person who makes an independent expenditure with respect to . . . In Doe, the Court declared that every disclosure requirement in section 106.071(1), save for the words . . . The Court stated: To comport with the First Amendment, the last sentence in section 106.071(1) must be . . . The Commission erred in finding that Guetzloe and GCG violated the provisions of section 106.071(1). . . . The final order , of the Commission is reversed as to the violation of section 106.071(1), affirmed as . . .

DOE, v. MORTHAM,, 708 So. 2d 929 (Fla. 1998)

. . . Section 106.071 requires any person who makes an independent expenditure with respect to any candidate . . . Section 106.071 further provides that any political advertisement paid for by an independent expenditure . . . The majority concludes that is “illogical” to interpret Florida sections 106.071 and 106.144 as imposing . . . (creating § 106.071 and amending § 106.144); eh. 73-128, § 33, at 238, Laws of Fla. . . . Accordingly, I find section 106.143(1) and the part of section 106.071 requiring disclosure of identity . . . Doe filed a complaint in circuit court in February 1996 seeking a declaratory judgment that sections 106.071 . . . To limit Florida sections 106.071 and 106.144 to “political candidates” simply because federal sections . . . CONCLUSION Based on the foregoing, the Does over-breadth challenge to sections 106.071, 106.148, and . . . We affirm the trial court’s order upholding the facial constitutionality of sections 106.071, 106.143 . . . As noted above, section 106.071(1) provides in relevant part: Any political advertisement paid for by . . .

REPUBLICAN PARTY OF FLORIDA, v. FLORIDA ELECTIONS COMMISSION,, 658 So. 2d 653 (Fla. Dist. Ct. App. 1995)

. . . require heightened scrutiny under Buckley, because they did not contain the disclaimer required by 106.071 . . .

In JUDICIAL DITCH NO. IN FREEBORN AND MOWER COUNTIES, 87 F. Supp. 198 (D. Minn. 1949)

. . . . §§ 106.071, 106.081. . . .