The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 106
CAMPAIGN FINANCING

View Entire Chapter

F.S. 106.23

106.23 Powers of the Division of Elections.—

(1) In order to carry out the responsibilities prescribed by s. 106.22, the Division of Elections is empowered to subpoena and bring before its duly authorized representatives any person in the state, or any person doing business in the state, or any person who has filed or is required to have filed any application, document, papers, or other information with an office or agency of this state or a political subdivision thereof and to require the production of any papers, books, or other records relevant to any investigation, including the records and accounts of any bank or trust company doing business in this state. Duly authorized representatives of the division are empowered to administer all oaths and affirmations in the manner prescribed by law to witnesses who shall appear before them concerning any relevant matter. Should any witness fail to respond to the lawful subpoena of the division or, having responded, fail to answer all lawful inquiries or to turn over evidence that has been subpoenaed, the division may file a complaint before any circuit court of the state setting up such failure on the part of the witness. On the filing of such complaint, the court shall take jurisdiction of the witness and the subject matter of said complaint and shall direct the witness to respond to all lawful questions and to produce all documentary evidence in the witness’s possession which is lawfully demanded. The failure of any witness to comply with such order of the court shall constitute a direct and criminal contempt of court, and the court shall punish said witness accordingly. However, the refusal by a witness to answer inquiries or turn over evidence on the basis that such testimony or material will tend to incriminate such witness shall not be deemed refusal to comply with the provisions of this chapter.

(2) The Division of Elections shall provide advisory opinions when requested by any supervisor of elections, candidate, local officer having election-related duties, political party, affiliated party committee, political committee, or other person or organization engaged in political activity, relating to any provisions or possible violations of Florida election laws with respect to actions such supervisor, candidate, local officer having election-related duties, political party, affiliated party committee, committee, person, or organization has taken or proposes to take. Requests for advisory opinions must be submitted in accordance with rules adopted by the Department of State. A written record of all such opinions issued by the division, sequentially numbered, dated, and indexed by subject matter, shall be retained. A copy shall be sent to said person or organization upon request. Any such person or organization, acting in good faith upon such an advisory opinion, shall not be subject to any criminal penalty provided for in this chapter. The opinion, until amended or revoked, shall be binding on any person or organization who sought the opinion or with reference to whom the opinion was sought, unless material facts were omitted or misstated in the request for the advisory opinion.

History.—s. 23, ch. 73-128; s. 3, ch. 76-233; s. 58, ch. 77-175; s. 651, ch. 95-147; s. 47, ch. 97-13; s. 8, ch. 2001-75; ss. 23, 30, ch. 2011-6; HJR 7105, 2011 Regular Session; s. 23, ch. 2013-37.

F.S. 106.23 on Google Scholar

F.S. 106.23 on Casetext

Amendments to 106.23

Arrestable Offenses / Crimes under Fla. Stat. 106.23

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 106.23.

Annotations, Discussions, Cases:

Cases from cite.case.law:

LEAGUE OF WOMEN VOTERS OF FLORIDA, INC. v. W. DETZNER,, 354 F. Supp. 3d 1280 (N.D. Fla. 2018)

. . . . § 106.23(2). This argument is faulty for a host of reasons. . . .

MANLEY, v. TEXAS SOUTHERN UNIVERSITY, Of, 107 F. Supp. 3d 712 (S.D. Tex. 2015)

. . . . § 106.23(a). . . .

REACH ACADEMY FOR BOYS AND GIRLS, INC. O. G. T. W. T. W. S. O. v. DELAWARE DEPARTMENT OF EDUCATION, 8 F. Supp. 3d 574 (D. Del. 2014)

. . . . § 106.23(c)(2), which contemplates (at least in some circumstances) that there need not be parity between . . .

SV INTERNATIONAL, INC. ECMD, v. FU JIAN QUANYU INDUSTRY CO. LTD., 820 F. Supp. 2d 677 (M.D.N.C. 2011)

. . . Moore Moore’s Federal Practice — Civil § 106.23 (3d ed. 2011) (explaining that one basis for exercising . . .

COALITION TO DEFEND AFFIRMATIVE ACTION, BAMN D AFSCME AFSCME AFSCME AFSCME AFSCME AFSCME v. REGENTS OF UNIVERSITY OF MICHIGAN, M. N. a M. N. a C. U. a C. U. a M. R. a M. R. a T. J. a T. J. a S. W. a S. W. a M. C. C. II, a M. C. C. II, a J. R. a J. R. a v., 539 F. Supp. 2d 924 (E.D. Mich. 2008)

. . . . § 106.23. . . . With respect to that act, the plaintiffs rely on 34 C.F.R. § 106.23(a). . . . and may choose to undertake such efforts as affirmative action pursuant to § 106.3(b). 34 C.F.R. § 106.23 . . .

WEXLER v. LEPORE, E., 342 F. Supp. 2d 1097 (S.D. Fla. 2004)

. . . . §§ 97.012(1), 106.23(2). . . .

WEXLER v. LEPORE, E., 319 F. Supp. 2d 1354 (S.D. Fla. 2004)

. . . . §§ 97.012(1), 106.23(2). . . .

MILLER, v. MENDEZ,, 804 So. 2d 1243 (Fla. 2001)

. . . See § 106.23(2), Fla. Stat. (1999). . . .

C. TOUCHSTON, v. McDERMOTT, a a, 234 F.3d 1133 (11th Cir. 2000)

. . . Pursuant to section 106.23(2), the Division of Elections, a division within the Department of State, . . . Stat. § 106.23(2). . . . .

PALM BEACH COUNTY CANVASSING BOARD, v. HARRIS, v. v., 772 So. 2d 1220 (Fla. 2000)

. . . . on the seventh day after an election, the Palm Beach County Canvassing Board, pursuant to section 106.23 . . .

WOMEN PRISONERS OF DISTRICT OF COLUMBIA DEPARTMENT OF CORRECTIONS, v. DISTRICT OF COLUMBIA,, 877 F. Supp. 634 (D.D.C. 1994)

. . . admission preference for graduates of single sex schools if preference has discriminatory effect), 106.23 . . .

SMITH, v. CRAWFORD,, 645 So. 2d 513 (Fla. Dist. Ct. App. 1994)

. . . On September 16,1994, the Division of Elections rendered, as authorized in subsection 106.23(2), Florida . . . Subsection 106.23(2) provides that the Division’s “opinion, until amended or revoked, shall be binding . . . any way in the preparation of that opinion or review and approve it before it was released.- Section 106.23 . . . Tom Slade, Chairman of the Republican Party of Florida, which letter was issued pursuant to section 106.23 . . .

C. KRIVANEK, v. TAKE BACK TAMPA POLITICAL COMMITTEE,, 625 So. 2d 840 (Fla. 1993)

. . . . § 106.23, Fla.Stat. (1991). . . .

M. GONZALEZ, v. VOGEL, 616 So. 2d 473 (Fla. Dist. Ct. App. 1993)

. . . See § 106.23(2), Fla.Stat. (1991). .Assuming the trial court had found a violation of the leave of absence . . .

SHARIF, SALAHUDDIN, v. NEW YORK STATE EDUCATION DEPARTMENT, 709 F. Supp. 345 (S.D.N.Y. 1989)

. . . . §§ 106.22, 106.23(b), 106.34(d), 106.37(b), 106.52, and 106.53.(b). . . .

SULLIVAN v. DIVISION OF ELECTIONS,, 718 F.2d 363 (11th Cir. 1983)

. . . . § 106.23(2) (1979), “about the Deputy Supervisor of Elections taking a leave of absence if he is a . . . Appellants then brought this suit on June 6, 1981, seeking a declaration that § 106.23(2) is invalid, . . . Appellants alleged that § 106.23(2) is unconstitutional because it does not provide notice to and a hearing . . . arguments on appeal, and cannot discern how there is any case or controversy here as to the validity of § 106.23 . . .

HILLSDALE COLLEGE, v. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE,, 696 F.2d 418 (6th Cir. 1982)

. . . . § 106.23), the literature that Hillsdale may provide to the students about the college (34 C.F.R. § . . .

WFSH OF NICEVILLE, a v. CITY OF NICEVILLE H., 422 So. 2d 980 (Fla. Dist. Ct. App. 1982)

. . . Section 106.23(2) provides: The Division of Elections shall provide advisory opinions when requested . . .

SULLIVAN, v. DIVISION OF ELECTIONS, DEPARTMENT OF STATE,, 413 So. 2d 109 (Fla. Dist. Ct. App. 1982)

. . . advisory opinion issued by the Division of Elections, Department of State, in accordance with section 106.23 . . .

GOLDSTEIN v. FRANKLIN SQUARE NAT. BANK. In FRANKLIN SQUARE DEPARTMENT STORE, 31 F. Supp. 66 (E.D.N.Y. 1940)

. . . As to them the evidence shows: 1937 Opening Deposits Checks, etc. paid Close Dec. 15 $106.23 overdraft . . . the 10th the account was overdrawn $241.20, on the 11th $131.49, on the 13th $66.02, and on the 14th $106.23 . . . ............. 1003.13 219.28 There was an overdraft at opening December 15, 1937, of............... 106.23 . . .