CopyCited 44 times | Published | District Court, M.D. Florida | 29 U.S.P.Q. 2d (BNA) 1827, 22 Media L. Rep. (BNA) 1301, 1993 U.S. Dist. LEXIS 19165, 1993 WL 522892
843 (11th Cir.1990). PEI's right under 17 U.S.C. § 106(3) to distribute copies to the public has been implicated
CopyCited 42 times | Published | Court of Appeals for the Eleventh Circuit | 71 U.S.P.Q. 2d (BNA) 1755, 2004 U.S. App. LEXIS 14332, 2004 WL 1558282
was done in the United States, and as 17 U.S.C. § 106(3) outlaws distributing copies of copyrighted materials
CopyCited 14 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 2038, 1996 WL 30557
capital contributions. New York Partnership Law § 106(3) provides: The liabilities of a limited partner
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit | 1990 WL 63770
that right constitutes infringement. 17 U.S.C. § 106(3); 2 Nimmer on Copyright § 8.11[A] (1988). Because
CopyCited 10 times | Published | Supreme Court of Florida | 2004 WL 1574226
...The Attorney General has requested that this Court review a proposed amendment to the Florida Constitution. We have jurisdiction. See art. IV, § 10; art. V, § 3(b)(10), Fla. Const. I. FACTS Families for Lower Property Taxes, Inc., a political committee registered pursuant to section 106.03, Florida Statutes (2003), has invoked the petition process of article XI, section 3, of the Florida Constitution to propose a constitutional amendment through citizen initiative....
CopyCited 8 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 120, 2010 Fla. LEXIS 217, 2010 WL 546768
...[5] See Black's Law Dictionary 1435 (9th ed.2009) (" revocation, n. 1. An annulment, cancellation, or reversal, usu[ally] of an act or power."). [6] FHD, a non-profit corporation established under chapter 617, Florida Statutes (2007), and a political action committee registered pursuant to section 106.03, Florida Statutes (2007), has been actively engaged in gathering elector signatures for an initiative proposal entitled "Referenda Required for Adoption and Amendment of Local Government Comprehensive Land Use Plans," which would provi...
CopyCited 5 times | Published | District Court, S.D. Florida | 23 Media L. Rep. (BNA) 2420, 1995 U.S. Dist. LEXIS 14616, 1995 WL 592760
sale or other transfer of ownership. 17 U.S.C. § 106(3). Using a copyrighted work in any one of these
CopyCited 4 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 31
...2d DCA 1985), which expressly declared a state statute constitutional. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Sam Falzone and three other individuals were indicted by the Pasco County Grand Jury for allegedly failing to file a statement of organization as a political committee as required by sections
106.03, Florida Statutes (1984 Supp.), and
106.19, Florida Statutes (1983), of Florida's Campaign Finance Law. Section
106.03 provides in pertinent part: (1) Each political committee which anticipates receiving contributions or making expenditures during a calendar year in an aggregate amount exceeding $500 or which is seeking the signatures of registered electors in support of an initiative shall file a statement of organization ......
...ipate that it will receive contributions or make expenditures in excess of $500. Section
106.19 sets forth criminal penalties for violations of chapter 106. Pursuant to Falzone's motion, the county court dismissed the charges on the grounds that: 1) section
106.03 is unconstitutionally vague and overbroad; 2) the indictment does not charge a crime because section
106.19 does not include section
106.03 "violations" within its purview; and 3) the indictment fails to charge that each defendant knowingly and willfully acted as a political committee. The district court reversed the dismissal of the charges and held section
106.03 constitutional....
...Subsequent to this decision, Falzone pled nolo contendere to the charges, reserving the right to appeal the district court's ruling on the constitutionality of the statutes. We have previously approved of this procedure in Brown v. State,
376 So.2d 382 (Fla. 1979). We agree with the district court that section
106.03 is not vague or overbroad, and that the failure of a political committee to file a statement of organization is punishable under section
106.19....
...narrowly drawn so as to involve no more infringement than is necessary. Winn-Dixie Stores, Inc. v. State,
408 So.2d 211 (Fla. 1981). We agree with the district court that requiring political committees to file a statement of organization pursuant to section
106.03 is supported by the compelling state interest of informing the electorate as to who is involved in raising and spending money for elections.
479 So.2d at 789. Indeed, the legitimate function of section
106.03 in promoting the disclosure of campaign contributions is recognized in Let's Help Florida v....
...999,
71 L.Ed.2d 293 (1982). See also Winn-Dixie Stores Inc. v. State,
408 So.2d 211 (Fla. 1981). Having found that the requirement that political committees file statements of organization is supported by a compelling state interest, we must next determine whether section
106.03 is vague or overbroad....
...Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc.,
455 U.S. 489, 494,
102 S.Ct. 1186, 1191,
71 L.Ed.2d 362 (1982), n. 6. Accordingly, we choose to examine Falzone's vagueness and overbreadth claims together. Specifically, Falzone asserts that section
106.03 is unconstitutional because the requirement that political committees file a statement of organization is impermissibly vague and overbroad in light of the definition of political committee found in section
106.011, Florida Statutes (1983). The definition of political committee applicable to section
106.03 is set forth in section
106.011: (1) "Political committee" means a combination of two or more individuals, or a person other than an individual, the primary or incidental purpose of which is to support or oppose any candidate, issue, o...
...itiative who intends to seek the signatures of registered electors... . Falzone argues that the statutory definition of political committee is vague and overbroad because certain hypothetical fact scenarios could potentially fall within the scope of section 106.03....
...committee. Similarly, if the primary purpose of two persons acting in concert is not political, but one of them has an incidental purpose, would the persons constitute a political committee? We find that the scope of "political committee" applied in section 106.03 is narrowly drawn so as to avoid substantial overbreadth problems....
...In addition, "issue" is narrowly defined in section
106.011(7) to include only propositions required by state and local law and issue referenda. Clearly, a "political committee" as defined in section
106.011(1), and required to file a statement of organization pursuant to section
106.03, is limited to those groups who support or oppose a ballot item or political party....
...tutionally overbroad. Similarly, the inclusion of groups whose "incidental purpose" in organizing and expending money is to support a ballot item or political party, does not render
106.011(1) vague or overbroad on its face. Falzone next argues that section
106.03 is unconstitutionally vague because of inconsistencies between section
106.03, which requires a political committee to file a statement of organization whenever it "anticipates" receiving contributions and making expenditures, and the definition of political committee set forth in section
106.011(1), whereby a committee comes into existence only after it has made contributions or expenditures. We adopt the district court's construction that section
106.03 applies to those who anticipate obtaining contributions or making expenditures in excess of $500 in a calendar year and who are otherwise defined in section
106.011(1), even though such contributions have not yet been made.
479 So.2d at 789. Given this construction, the alleged inconsistencies in definition do not render section
106.03 unconstitutionally vague. Having concluded that section
106.03 is neither substantially overbroad nor vague, we note that the inclusion of certain groups within the definition of political committee for purposes of section
106.03 could be unconstitutional as applied to a specific set of facts. See In re Apportionment Law, Senate Joint Res. No. 1305,
263 So.2d 797, 808 (Fla. 1972). Given the complete absence of facts in the record of this case, however, we are limited to a facial review of section
106.03 and are consequently unable to determine whether Falzone and his codefendants could be constitutionally regulated as a "political committee" for the purposes of section
106.03. Falzone's assertion that the criminal penalties for violating chapter
106.19, Florida Statutes (1983), do not apply to the failure to file a statement of organization under section
106.03 is without merit....
...ther person who knowingly and willfully: ..... (c) Falsely reports or deliberately fails to include any information required by this chapter. Falzone argues that the failure of a political committee to file a statement of organization as required by section
106.03 is not punishable under the provisions of
106.19 because the failure to file a statement of organization cannot be equated with the failure to "include any information" for purposes of
106.19. We disagree and adopt the district court's construction that *1341 section
106.19(1)(c) creates a misdemeanor for deliberately failing to provide the information called for in the statement of organization required by section
106.03....
...of organization" stated the statutory requirement of deliberately failing to include the required information. Id. The indictment, therefore, is adequate. Accordingly, we approve the decision of the district court and uphold the constitutionality of section
106.03 and the application of the penalty provisions of section
106.19 to violations of section
106.03....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit
ownership, or by rental, lease, or lending.” 17 U.S.C. § 106(3). To establish a claim of copyright infringement
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
that: Notwithstanding the provisions of section 106(3), the owner of a particular copy
CopyCited 3 times | Published | District Court, N.D. Florida | 1978 U.S. Dist. LEXIS 17662
...ction, to any public office whatever; (g) Any issue or issues such organization is supporting or opposing; (h) If the committee is supporting the entire ticket of any party, a statement to that effect and the name of the party; . . . . . Fla.Stat. §§ 106.03(2)(f)(1), (2), (g), and (h). The activities of the committee are not limited by the statement of organization but any changes must be reported within 10 days of the change. Fla.Stat. § 106.03(3)....
...This argument appears to be an attempt by defendants to justify section
106.08(1)(d) by pointing out the weaknesses in the act as a whole. As noted above, chapter 106 contains a requirement that all political committees file a statement of organization detailing the issues and candidates it supports or opposes. Fla.Stat. §
106.03(2)(f), (g), and (h). Committees so registering are not "locked in" to this initial statement, but changes must be reported within 10 days of the change. Fla.Stat. §
106.03(3)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 2554
...Mander, III of Greenfelder & Mander, P.A., Dade City, for appellee Sam Falzone. Peter A. Proly of Law Offices of Riley & Proly, Port Richey, for appellees Ross J. Greco and Susan Greco. Frank McClung, Brooksville, for appellee Heather Everett. GRIMES, Judge. This is an appeal from an order of the county court declaring section 106.03, Florida Statutes (Supp....
...GRECO, SUSAN GRECO, SAM FALZONE, and HEATHER EVERETT, acting as a political committee, did anticipate receiving contributions or making expenditures during a calendar year in an aggregate amount exceeding $500.00, and did knowingly and willfully fail to file a statement of organization as provided by Florida Statute
106.03, within ten (10) days after its organization or within ten (10) days after the date on which it has information which causes the committee to anticipate that it will receive contributions or make expenditures in excess of $500.00; contrary to Chapters
106.03 and
106.19, Florida Statutes, and against the peace and dignity of the State of Florida. Upon motion of the appellees, the court entered an order dismissing the charges against them on the following grounds: 1. Section
106.03 is unconstitutionally vague and overbroad and fails to place ordinary citizens on notice as to what conduct *788 is proscribed and when compliance is required. 2. The indictment does not charge a crime because section
106.19 does not include section
106.03 "violations" within its provisions. 3. The indictment is deficient in that it fails to charge that each defendant knowingly and willfully acted as a political committee. We reverse. Constitutionality The portion of section
106.03 germane to our consideration reads as follows: (1) Each political committee which anticipates receiving contributions or making expenditures during a calendar year in an aggregate amount exceeding $500 or which is seeking the signature...
...y not challenge that statute on the ground that it may conceivably be applied unconstitutionally to others in situations not before the Court.
458 U.S. at 767,
102 S.Ct. at 3360-3361,
73 L.Ed.2d at 1129. The appellees also point out the anomaly that section
106.03 requires a political committee to file a statement of organization whenever it anticipates receiving contributions or making expenditures of more than $500; yet, under the definition contained in section
106.011(1), a political committ...
...Richardson,
156 Fla. 559,
23 So.2d 718 (1945). Unquestionably, the legislature intended that there be a public disclosure of persons who have organized to seek substantial contributions or make substantial expenditures for a political purpose. Thus, we hold that section
106.03 applies to those who anticipate obtaining contributions or making expenditures in excess of $500 in a calendar year and who are otherwise defined in section
106.011(1), even though such contributions have not yet been obtained or such expenditures have not yet been made....
...Unlike the usual case, a person may attack a statute on grounds of overbreadth even though the conduct of the person is clearly unprotected and could be proscribed by a law drawn with the requisite specificity. New York v. Ferber . However, we do not find section 106.03 overbroad....
...985,
71 L.Ed.2d 284, cert. denied,
454 U.S. 1142,
102 S.Ct. 999,
71 L.Ed.2d 293 (1982), observed: Florida can and does effectively promote the disclosure of large contributors through measures that are less harmful to first amendment rights. For example, sections
106.03 and
106.07 of the Florida Election Code require political committees to register with the state and to file information about each contribution and contributor throughout the campaign....
...ontributions or other important first amendment rights.
621 F.2d at 200-201. The state's legitimate interest in ensuring that the public knows who is involved in raising and spending money for political purposes fully justifies the burden imposed by section
106.03. The statute does not impermissibly impinge upon any constitutionally protected rights. Failure to Comply With Section
106.03 Constitutes a Crime The criminal penalties for violating chapter 106 are set forth in section
106.19, Florida Statutes (1983), which reads: (1) Any candidate; campaign manager, campaign treasurer, or deputy treasurer of any candidate;...
...106.11(3) or any other expenditure prohibited by this chapter... . The court below concluded that the failure to file a statement of organization did not fall within the scope of this section. To the contrary, we believe that those within the purview of section
106.03 who knowingly *790 and willfully fail to file a statement of organization have deliberately failed to include "information required by this chapter" as proscribed by section
106.19(1)(c)....
...he requisite information would be a crime but there would be no penalty for providing no information whatsoever. The construction of a statute leading to an absurd result should be avoided. McKibben v. Mallory,
293 So.2d 48 (Fla. 1974). We hold that section
106.03 requires the furnishing of the information called for in the statement of organization and that section
106.19 makes it a misdemeanor to deliberately fail to provide this information....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 87 U.S.P.Q. 2d (BNA) 1768, 2008 U.S. App. LEXIS 13832, 2008 WL 2571333
ownership, or by rental, lease or lending.” 17 U.S.C. § 106(3) (emphasis mine). Archives maintained by media
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 2659408, 2013 U.S. App. LEXIS 11995
...3
Case: 12-14074 Date Filed: 06/14/2013 Page: 4 of 35
• register with the state within 10 days after it is organized or, if it is organized
within ten days of an election, register immediately, id. § 106.03(1)(a);
• appoint a treasurer and establish a campaign depository, id....
...requirements in the federal PAC regulations were not unconstitutionally
burdensome).
In much the same way, the reporting and registration requirements are not
unduly burdensome. Registration involves submitting a “statement of
organization,” see Fla. Stat. § 106.03(1)(a), which requires filling out four pages of
basic information....
...Finally, the ongoing reporting
requirements are not especially burdensome given that Florida law allows PACs to
25
Case: 12-14074 Date Filed: 06/14/2013 Page: 26 of 35
terminate more easily than federal PAC requirements allow. Compare Fla. Stat.
§ 106.03(2)(j) (requiring a Florida PAC to state how it will dispose of its residual
funds if it terminates) and id. § 106.03(5) (requiring a Florida PAC that “disbands
or determines it will no longer receive contributions or make expenditures” to
“notify the agency or officer with whom such committee is required to [register]”),
with 11 C.F.R....
CopyCited 2 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 60076
Thus, the legislature's choice of language in § 106(3) is logically consistent with the statute as a
CopyCited 1 times | Published | District Court, N.D. Florida | 2010 U.S. Dist. LEXIS 119977, 2010 WL 4339374
...a ballot issue). [1] The plaintiffs assert, and the defendants seem to concede, that this in turn would require the plaintiffs to comply with all the attendant regulations. See §
106.021(1) (appoint a treasurer and establish a campaign depository); §
106.03(1)(a) (register with the Division of Elections); §
106.05 (deposit all funds within five days of receipt); §
106.06(1) (keep detailed accounts current within two days); §
106.06(3) (maintain records for two years); §
106.07(4)(a) (file...
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1984 Copyright L. Dec. (CCH) 25, 671
and copyright substantive violations, 17 U.S.C. § 106(3) and 506(a).1 The indictment arose from the operation
CopyPublished | Court of Appeals for the Eleventh Circuit
ownership, or by rental, lease or lending." 17 U.S.C. § 106(3) (emphasis mine). Archives maintained by media
CopyPublished | District Court of Appeal of Florida
judgment statute, and the injunction provision in section 106.3.A of the LDC to declare Barnott's FSP
CopyPublished | District Court, M.D. Florida
doctrine is inapplicable. Pursuant to 17 U.S.C. § 106(3), the owner of a copyright has the exclusive right
