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Florida Statute 106.19 | Lawyer Caselaw & Research
F.S. 106.19 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 106.19

The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 106
CAMPAIGN FINANCING
View Entire Chapter
F.S. 106.19
106.19 Violations by candidates, persons connected with campaigns, and political committees.
(1) Any candidate; campaign manager, campaign treasurer, or deputy treasurer of any candidate; committee chair, vice chair, campaign treasurer, deputy treasurer, or other officer of any political committee; agent or person acting on behalf of any candidate or political committee; or other person who knowingly and willfully:
(a) Accepts a contribution in excess of the limits prescribed by s. 106.08;
(b) Fails to report any contribution required to be reported by this chapter;
(c) Falsely reports or deliberately fails to include any information required by this chapter; or
(d) Makes or authorizes any expenditure in violation of s. 106.11(4) or any other expenditure prohibited by this chapter;

is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Any candidate, campaign treasurer, or deputy treasurer; any chair, vice chair, or other officer of any political committee; any agent or person acting on behalf of any candidate or political committee; or any other person who violates paragraph (1)(a), paragraph (1)(b), or paragraph (1)(d) shall be subject to a civil penalty equal to three times the amount involved in the illegal act. Such penalty may be in addition to the penalties provided by subsection (1) and shall be paid into the General Revenue Fund of this state.
(3) A political committee sponsoring a constitutional amendment proposed by initiative which submits a petition form gathered by a paid petition circulator which does not provide the name and address of the paid petition circulator on the form is subject to the civil penalties prescribed in s. 106.265.
(4) Except as otherwise expressly stated, the failure by a candidate to comply with the requirements of this chapter has no effect upon whether the candidate has qualified for the office the candidate is seeking.
History.s. 19, ch. 73-128; s. 57, ch. 77-175; s. 62, ch. 79-400; s. 12, ch. 91-107; s. 649, ch. 95-147; ss. 24, 45, ch. 97-13; s. 8, ch. 2002-197; s. 11, ch. 2006-300; s. 69, ch. 2011-40; s. 35, ch. 2013-37.

F.S. 106.19 on Google Scholar

F.S. 106.19 on Casetext

Amendments to 106.19


Arrestable Offenses / Crimes under Fla. Stat. 106.19
Level: Degree
Misdemeanor/Felony: First/Second/Third

S106.19 1a - ELECTION LAWS - ACCEPT CAMPAIGN CONTRIBUTION IN EXCESS AMOUNT - M: F
S106.19 1b - ELECTION LAWS - FAIL TO REPORT REQUIRED CONTRIBUTION - M: F
S106.19 1c - FRAUD - CANDIDATE FALSELY REPORT OMIT REQUIRED INFO - M: F
S106.19 1d - EMBEZZLE - CANDIDATE AUTHORIZE PROHIBITED EXPENDITURE - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

C. TORRENS, v. SHAW,, 257 So. 3d 168 (Fla. App. Ct. 2018)

. . . Section 106.19(1), Florida Statutes (2017), states it is a first-degree misdemeanor to knowingly and . . . candidate "shall not be printed on the ballot for an election if the candidate is convicted of violating s. 106.19 . . . has no effect upon whether the candidate has qualified for the office the candidate is seeking." § 106.19 . . .

ACCOUNTABLE HEALTH SOLUTIONS, LLC v. WELLNESS CORPORATE SOLUTIONS, LLC,, 333 F. Supp. 3d 1133 (D. Kan. 2018)

. . . $25,064.00 $12,076.02 6271 11/3/2015 12/18/2015 957 $37.50 $17.70 6272 11/3/2015 12/18/2015 957 $225.00 $106.19 . . .

TOWBIN, v. ANTONACCI,, 885 F. Supp. 2d 1274 (S.D. Fla. 2012)

. . . public officials on corruption charges in the country and noted “66 cases relating to violations of F.S. 106.19 . . .

FLORIDA ELECTIONS COMMISSION, v. L. BLAIR,, 52 So. 3d 9 (Fla. Dist. Ct. App. 2010)

. . . knowingly and willfully accepted two campaign contributions in excess of $500 in violation of section 106.19 . . .

R. SCHURR, v. R. SANCHEZ- GRONLIER, M., 937 So. 2d 1166 (Fla. Dist. Ct. App. 2006)

. . . As properly argued by Defendant Sanchez-Gronlier, §§ 106.18 and 106.19 detail the removal of a candidate . . .

JENNINGS, v. FLORIDA ELECTIONS COMMISSION,, 932 So. 2d 609 (Fla. Dist. Ct. App. 2006)

. . . based on these accusations it was investigating him for violations of sections 106.07(5), 106.11(4), 106.19 . . . (l)(b), and 106.19(l)(d), Florida Statutes (2002). . . . Cause in February 2004, finding probable cause to believe that Jennings violated sections 106.07(5), 106.19 . . . complete when they failed to list contributions; counts 3 through 26 alleged violations of section 106.19 . . .

a No. RENKE III, 933 So. 2d 482 (Fla. 2006)

. . . to the Renke campaign from Judge Renke’s father in violation of sections 106.08(l)(a), 106.08(5) and 106.19 . . . campaign, in violation of Canon 2, Canon 2 A and Canon 7 A(3)(a) and §§ 106.08(l)(a), 106.08(5) and 106.19 . . .

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

. . . station with a written statement that no candidate approved of the advertisements; and (4) Section 106.19 . . . Guetzloe still owed money to the State for an unpaid fine that resulted from a prior violation of section 106.19 . . .

C. C. DOCKERY, a v. E. HOOD,, 922 So. 2d 258 (Fla. Dist. Ct. App. 2006)

. . . Finally, appellant points to section 106.19(3), Florida Statutes (2003), as further evidence that Florida . . . Section 106.19(3), unlike section 106.191, contains an independent requirement that paid petition circulators . . . Section 106.19(3) specifically provides civil penalties for any infractions in the petition signature . . . The requirement found in section 106.19(3) is still valid because it is self-contained. . . .

DIAZ PORTILLA, v. FLORIDA ELECTIONS COMMISSION,, 857 So. 2d 913 (Fla. Dist. Ct. App. 2003)

. . . . §§ 106.19, 106.25(3), 106.265(1). . . . The failure to so report is a violation of paragraph 106.19(l)(b), Florida Statutes. . . . Id. § 106.19(2). . Section 106.37, Florida Statutes, states: 106.37 Willful Violations. . . . This omission amounted to one violation of paragraph 106.19(l)(b). . . . Thus we affirm a total of four violations of paragraph 106.19(l)(b). . . . .

FLORIDA RIGHT TO LIFE, INC. v. LAMAR, a a To, 273 F.3d 1318 (11th Cir. 2001)

. . . The language found in § 106.19(1)(a) & (2), which details the penalties for campaign law violations, . . . Section 106.19(11)(a) provides that any "person who knowingly and willfully ... . . . Section 106.19(2) authorizes "a civil penalty equal to three times the amount involved” for violations . . . of § 106.19(1)(a). . . . the ban on contributions enunciated in § 106.08(5) as a "limit” on contributions for purposes of § 106.19 . . .

C. McGANN, v. FLORIDA ELECTIONS COMMISSION,, 803 So. 2d 763 (Fla. Dist. Ct. App. 2001)

. . . Meale, the administrative law judge (ALJ) found that, except as to section 106.19(l)(b), none of the . . . As to the section 106.19(l)(b) violation, the ALJ recommended the maximum penalty for one count, a fine . . . In addition, the final order treated the section 106.19(l)(b) violation as six separate “counts,” and . . . McGann had violated section 106.19(l)(b) “on multiple occasions” as a single count, and recommended the . . . McGann had violated section 106.19(l)(b). This was error. . . .

THE FLORIDA BAR, v. BROWN,, 790 So. 2d 1081 (Fla. 2001)

. . . Division of Elections, 689 So.2d 1180 (Fla. 2d DCA 1997) (negligent failure to adhere to section 106.19 . . .

PASQUALE, v. FLORIDA ELECTIONS COMMISSION,, 759 So. 2d 23 (Fla. Dist. Ct. App. 2000)

. . . A contribution which must be reported under section 106.19(l)(b) is defined in section 106.011(3) as: . . . Pasquale had violated section 106.19(l)(b), which requires the reporting of “any contribution” and section . . . Pasquale had violated section 106.19(l)(b), because the copies produced by Mr. . . .

T. FULTON, v. DIVISION OF ELECTIONS,, 689 So. 2d 1180 (Fla. Dist. Ct. App. 1997)

. . . We disagree with the Commission’s argument that in section 106.19, Florida Statutes (1995), the legislature . . . The relevant portions of that statute state: 106.19 Violations by candidates, persons connected with . . .

K. McARTHUR, O J. R. S. v. SMITH, W. G. B. A. Dr. Dr. E., 716 F. Supp. 592 (S.D. Fla. 1989)

. . . .-025(l)(b), 106.19, and 106.265 are unconstitutional as they now exist and as they existed during the . . . plaintiffs want Florida Statute sections 106.07(4)(a)l, (4)(a)7, (4)(a)8, (4)(a)3, 106.07(6), 106.025(l)(b), 106.19 . . .

K. McARTHUR, O J. R. S. v. FIRESTONE, W. B. A. Dr. Dr. E., 817 F.2d 1548 (11th Cir. 1987)

. . . . § 106.19(1)(b)-(c) (1985); id. § 106.-265 (amended 1986); see also id. §§ 775.-082 & 775.083. . . . Fla.Stat. § 106.19(l)(bMc) (1985) states as follows: Any candidate; campaign manager, campaign treasurer . . .

FALZONE, v. STATE, 500 So. 2d 1337 (Fla. 1987)

. . . organization as a political committee as required by sections 106.03, Florida Statutes (1984 Supp.), and 106.19 . . . Section 106.19 sets forth criminal penalties for violations of chapter 106. . . . is unconstitutionally vague and overbroad; 2) the indictment does not charge a crime because section 106.19 . . . the failure of a political committee to file a statement of organization is punishable under section 106.19 . . . Falzone’s assertion that the criminal penalties for violating chapter 106.19, Florida Statutes (1983) . . .

STATE v. J. GRECO,, 479 So. 2d 786 (Fla. Dist. Ct. App. 1985)

. . . will receive contributions or make expenditures in excess of $500.00; contrary to Chapters 106.03 and 106.19 . . . The indictment does not charge a crime because section 106.19 does not include section 106.03 “violations . . . 106.03 Constitutes a Crime The criminal penalties for violating chapter 106 are set forth in section 106.19 . . . have deliberately failed to include “information required by this chapter” as proscribed by section 106.19 . . . requires the furnishing of the information called for in the statement of organization and that section 106.19 . . .

FLORIDA POLICE BENEVOLENT ASSOCIATION- POLITICAL ACTION COMMITTEE, v. FLORIDA ELECTIONS COMMISSION,, 430 So. 2d 483 (Fla. Dist. Ct. App. 1983)

. . . administrative proceedings which resulted in a final order finding appellants to be in violation of §§ 106.19 . . .

STATE v. W. ZIMMERMAN,, 370 So. 2d 1179 (Fla. Dist. Ct. App. 1979)

. . . the circuit court lacked jurisdiction in that the alleged offenses were misdemeanors pursuant to § 106.19 . . . Among the provisions of the Act were those now denoted as Section 106.07(6) and Section 106.19(1), Florida . . . Section 106.19(1) provides, inter alia, that whosoever fails to report a campaign contribution or falsely . . . making and filing of a false or incomplete report is a misdemeanor under the provisions of Section 106.19 . . . In conclusion, we determine that § 106.07(6) and § 106.19(1) proscribe different conduct and are separate . . .

v., 39 T.C. 423 (T.C. 1962)

. . . Louis Union Trust Co., printing_ 106.19 St. Louis Union Trust Co., mailing_ 1, 024. 04 St. . . .

NALBANTIAN v. UNITED STATES, 54 F.2d 63 (7th Cir. 1931)

. . . 15 it 126 106.75 3/16 tt it 3/31 ft 134.5 121.73 4/1 tt tt 4/15 it 108 95.09 4/16 tt tt 4/30 tt 120 106.19 . . .

D. c. t. a. v., 8 B.T.A. 1272 (B.T.A. 1927)

. . . redetermination of deficiencies in income tax for the years 1920 and 1921 in the amounts of $1,590.96 and $106.19 . . .