Arrestable Offenses / Crimes under Fla. Stat. 106.07
CopyCited 158 times | Published | Supreme Court of Florida | 1990 WL 103138
...While not conclusive, other factors to be considered in determining the legal sufficiency of the asserted ground for disqualification in this case are Florida's statutory limitation on campaign contributions and the statutorily required disclosure of the names of contributors and the amounts of their contributions. §§
106.07(4)(a);
106.08(1)(e)-(g), Fla....
...llowing amounts: ..... (e) To a candidate for county court judge or circuit judge, $1,000. (f) To a candidate for retention as a judge of a district court of appeal, $2,000. (g) To a candidate for retention as a justice of the Supreme Court, $3,000. Section 106.07, which mandates disclosure of contributors and the amount of contribution, provides in pertinent part: *1337 (1) Each campaign treasurer designated by a candidate ......
CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 2083, 1988 WL 6559
...of all persons, business entities or other organizations from whom he received certain gifts in excess of $100.00 in value. 142 [6.] At times material herein Florida laws regulating Campaign Financing provided, in pertinent part: 143 Florida Statute 106.07 Reports; certification and filing.-- 144 (1) Each campaign treasurer designated by a candidate or political committee pursuant to s....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal | 1989 WL 45403
...Prutsman, Florida Elections Com'n, Tallahassee, for appellee. FRANK, Judge. The PAC for Equality (PACE) has sought our review of a fine in the amount of $1,450 imposed upon it by the Division of Elections and affirmed by the Florida Elections Commission pursuant to section 106.07(9)(b), Florida Statutes (1987)....
...it had disbanded. The February 5 communication was received by the Division on February 8 and on February 9 it informed PACE of the fine calculated at the rate of $50 per day from January 10 to February 8. PACE protested the fine as is permitted by section 106.07(9)(c), and the Commission rejected PACE's claim of unusual circumstances, found the "report" delinquent, and affirmed the fine....
...The instant appeal was initiated in accordance with section 120.59, Florida Statutes (1987). The Commission's final order does not contain a statutory reference authorizing the fine, but there is no dispute that the Division and the Commission relied upon section 106.07(9)(b) for its imposition....
...A preceding portion of the statute, however, exempted PACE from the duty to file a report: when a political action committee "has not received funds, made any contributions, or expended any reportable funds, the filing of the required report for that period is waived." § 106.07(7), Fla....
...That aspect of the statute did require PACE to notify the Division "in writing on the prescribed reporting date that no report" would be filed. Thus, it is apparent that PACE was delinquent in fulfilling its notification obligation. Nonetheless, we are unwilling to equate the notice requirement alluded to in section 106.07(7) with the reporting obligation found in that same section. The condition triggering the penalty machinery is the obligation timely to file a report. In the event, however, that no funds have been received or expended, section 106.07(7) specifically provides that "the filing of the required report for that period is waived." Thus, if a report is not due, it cannot be deemed late....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 1989 WL 137619
...udge]." Id. All other elected officials must disclose gifts or other contributions of $25 or more. § 111.011, Fla. Stat. (1987). More extensive disclosure is required for campaign contributions over $100 than is true for contributions $100 or less. § 106.07(4)(a)(1), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...The appellee, Rollin W. Zimmerman, was charged by information with five counts of willfully certifying the correctness of campaign *1180 contribution and expenditure reports while knowing such reports to be incorrect, false or incomplete in violation of § 106.07(6), Florida Statutes....
...tatute must be considered as controlling. The state then filed the instant interlocutory appeal. In 1973 the state legislature adopted the Campaign Financing Act, ch. 73-128, Laws of Florida. Among the provisions of the Act were those now denoted as Section
106.07(6) and Section
106.19(1), Florida Statutes, respectively. Section
106.07(6) [1] provides that the willful and knowing certification of an incorrect, false or incomplete campaign contribution report is a felony of the third degree....
...Lanier,
156 So.2d 833 (Fla. 1963). Florida's Campaign Financing Act places the responsibility on the campaign treasurer to file regular reports of all contributions received, and all expenditures made, by or on behalf of a candidate for political office. Section
106.07(1), Florida Statutes....
...If the disqualification of such candidate results in a vacancy in nomination, such vacancy shall be filled by a person other than such candidate in the manner provided by law. (3) No certificate of election shall be granted to any candidate until all preelection reports required by § 106.07 have been filed in accordance with the provisions of § 106.07 or § 106.20....
...Appellee also contends that since only violations of §
106.19 will provide grounds for removal of a candidate's name from the ballot, or withholding or revocation of a certificate of election, that this constitutes clear evidence that the legislature intended the provisions of §
106.19 to be paramount to those of §
106.07(1)....
...IV, § 7(a) (1968); Section
112.42, Florida Statutes (1977). Thus it appears that the legislature was attempting to fill a gap in the law through enactment of §
106.18 and §
106.21, and in no way intended these enactments to limit the application of the felony provisions of §
106.07(6). In conclusion, we determine that §
106.07(6) and §
106.19(1) proscribe different conduct and are separate and distinct offenses....
...ee were misdemeanors. Accordingly, the order of the trial court is reversed and the cause remanded for further proceedings consistent with the views expressed herein. Reversed and remanded. DOWNEY, C.J., and CROSS and BERANEK, JJ., concur. NOTES [1] § 106.07(6) The candidate and his campaign treasurer, in the case of a candidate, or the political committee chairman and campaign treasurer of the committee, in the case of a political committee, shall certify as to the correctness of each report,...
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22082173
...The candidate is not vicariously liable for the acts of the campaign treasurer. In order to impose a fine on the candidate, there must be a determination that the candidate himself is guilty of a willful violation as defined by the statute. III. The Commission charged the Senator with three violations of subsection 106.07(5), Florida Statutes (1999), which requires the candidate and his or her campaign treasurer to certify the correctness of each campaign treasurer's report....
...ate. The statute provides, in part: (5) The candidate and his or her campaign treasurer ... shall certify as to the correctness of each report; and each person so certifying shall bear the responsibility for the accuracy and veracity of each report. § 106.07(5), Fla....
...
189 So.2d at 272. In 1973, the campaign finance law was rewritten to include the requirement that the candidate and campaign treasurer both certify as to the correctness of each treasurer's report. Ch. 73-128, § 7, Laws of Fla. (initially codified as §
106.07(6), Fla....
...The worksheets and backup documents will then be used by the campaign treasurer to prepare each campaign treasurer's report for filing on the statutory deadlines. The treasurer is required to sign the report and does so, of course, on the basis of his or her personal knowledge and work in preparing the report. § 106.07(5), Fla....
...As already stated, it is the duty of the candidate to read the treasurer's report before signing it, and be alert for any errors which, based on the candidate's own knowledge, appear on the face of the report. Failure to do so results in a violation of subsection 106.07(5) by the filing of an incorrect treasurer's report....
...the campaign simply failed to read the reports before signing them. The failure to read a required document before signing would be reckless and would meet the required legal standard. Accordingly, *922 we affirm the finding of two violations of subsection 106.07(5) as to the two campaign treasurer's reports for the periods ended November 19, 1999 and December 9, 1999....
...(2002)). However, this prohibition does not apply to anyone serving as a member of the Commission on July 1, 2002, until the expiration of his or her current term. [8] In summary, we have affirmed the finding of seventeen violations: two violations of subsection
106.07(5) for the incorrect treasurer's reports; four violations of paragraph
106.19(1)(b) for the omitted loan amounts; five violations of subsection
106.143(1) for advertisements without disclaimers; five violations of subsection 106.132(2)...
CopyCited 3 times | Published | District Court, N.D. Florida | 1978 U.S. Dist. LEXIS 17662
...ithin 10 days of the change. Fla.Stat. §
106.03(3). In addition to the above information, political committees are required to file periodic reports detailing the source and amount of contributions and expenditures made during the period. Fla.Stat. §
106.07. The reporting is required regardless of the amount of a contribution, except that when a contribution is less than $100.00 less information about the donor is required. Fla. Stat. §
106.07(4)(a)....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 2659408, 2013 U.S. App. LEXIS 11995
...). It is also true that once
Challengers became a PAC under the statutes, there were a number of
requirements they had to meet. First and foremost, Florida PACs must disclose
their donors who seek to influence Florida elections. See generally id. § 106.07
(describing reporting requirements).
The regulations also oblige a Florida PAC to:
3
Case: 12-14074 Date Filed: 06/14/2013 Page: 4 of 35
• register wi...
...§
106.06(1);
• maintain records for at least two years after the date of the election to which
the accounts refer, id. §
106.06(3);
• file regular reports with the Division of Elections, itemizing every
contribution and expenditure, small or large, id. §
106.07(4)(a);1 and
• submit to random audits by the Division of Elections, id. §
106.22(10).
Florida PACs may not accept anonymous contributions in any amount or take cash
contributions over fifty dollars. Id. §§
106.07(4)(A),
106.09....
...quirements 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. Florida PACs must file periodic reports, see id. §
106.07(3), but
reporting requirements are allowed under our Constitution, and if there is
something to report, it would make sense that Challengers would be tracking
contributions anyway....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1997 WL 765659
...e limits and false report qualifying contributions. (Footnotes omitted). At the time the action for declaratory judgment was filed, the Act provided that proceeds from filing fees and assessments pursuant to sections
99.092,
99.093,
105.031, 106.04,
106.07, and
106.29 shall be deposited *154 into the Trust Fund as designated in those sections....
...on of Elections and the Secretary of State may continue to collect filing fees or elections assessments designated to the trust fund under sections
99.092,
99.093,105.031, fines and penalties designated to the trust fund under sections 106.04(8)(a),
106.07(8)(a), and
106.265, Florida Statutes, or contributions made to the trust fund under sections 199.052(14),
320.02(13),
322.08(7)(a), 327.25(11), and
607.1622(1)(h), Florida Statutes....
...lection laws to no longer require the collection of the portion of the candidate filing fees and elections assessments earmarked for the terminated Trust Fund, has now clearly spoken. The legislature amended sections
99.092,
99.093,
105.031, 106.04,
106.07, and
106.29 by deleting the provisions transferring amounts to the Trust Fund and by reducing the fee or assessment in some cases....
...e equal to 4.5 percent of the annual salary of the office. The provision called for the entire filing fee to be deposited into the General Revenue Fund, with one-third of the filing fee subsequently transferred to the Trust Fund. Sections 106.04 and
106.07, Florida Statutes (1995) provided that any committee of continuous existence, candidate for state office, or political committee that registered with the Division of Elections failing to file required reports on the designated due date shall be subject to a fine, which shall be deposited in the Trust Fund. Section
106.29, Florida Statutes (1995) provided that any political party failing to file a report on the designated due date shall be subject to a fine as provided in section
106.07....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 12345, 2007 WL 2274431
..., political committee, or agent of such candidate or committee in a given election period shall not be deemed an independent expenditure. The significance of the distinction is this: contributions must be reported by the candidate in accordance with section 106.07, Florida Statutes (2004), while independent expenditures in the amount of $100 or more must be reported by the person making such expenditure. § 106.071, Fla....
...it of a candidate, made by the candidate's spouse, who worked on Respondent's campaign, using money from a checking account jointly owned by the candidate, as an independent expenditure. As to the second issue, Mrs. Beardslee was sanctioned under subsection 106.07(5), Florida Statutes, which provides: The candidate and his or her campaign treasurer, in the case of a candidate, or the political committee chair and campaign treasurer of the committee, in the case of a political committee, shall ce...
CopyCited 1 times | Published | District Court, N.D. Florida | 2010 U.S. Dist. LEXIS 119977, 2010 WL 4339374
...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 periodic reports of all contributions and expenditures); §
106.11 (disburse funds only by check); §
106.22(10) (submit to random audits by the Division of Elections)....
...pting anonymous contributions of any size or cash contributions of more than $50. See §
106.09. The plaintiffs also assert, and the defendants seem to concede, that Florida law would prohibit the plaintiffs from airing anonymous advertisements, see §
106.071(2), or advertisements (for a given election) that are paid for with contributions received during the last five days before that election....
CopyCited 1 times | Published | District Court, M.D. Florida | 2000 U.S. Dist. LEXIS 17054, 2000 WL 1737814
...The selective and deceptive (or at least, unreliable and untrustworthy) use of the contents of a recording is as improper as the receipt of only a fraction of a deposition or other writing, if meaning is dependent on completeness. See generally 1 JACK B. WEINSTEIN & MARGARET A. BERGER. WEINSTEIN'S FEDERAL EVIDENCE § 106.07 (Joseph M....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 3444, 2000 WL 294820
...Rifkin, the husband of Mrs. Pasquale's opponent in the election, the Florida Elections Commission issued an order of probable cause charging Mr. Pasquale with violating section
106.19(1)(b), Florida Statutes (1995), which requires "contributions" to be reported and section
106.07(5), Florida Statutes, which prohibits the certification *25 of an incorrect campaign treasurer's report....
...no violation in that regard. He did conclude, however, that by failing to report the value of the copies of the newsletter given to Mrs. Pasquale, Mr. Pasquale had violated section
106.19(1)(b), which requires the reporting of "any contribution" and section
106.07(5) which requires campaign treasurers to accurately report contributions....
...City of Griffin,
303 U.S. 444,
58 S.Ct. 666,
82 L.Ed. 949 (1938). Applying these principles, I obviously concur with our holding today that the recommendation in the paper was an "editorial endorsement" and thus exempt from the reporting requirements of section
106.07 and that the Commission erred in reversing the ALJ's finding of exemption....
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
contributor must be reported. AS TO QUESTION 1: Section
106.07(1), F. S., requires each campaign treasurer
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15683
...Multiple sentences are even allowed for conduct arising from the same incident.” Supra at 22. Confronted with a similar argument to the one below, this Court *448 recently held in State v. Zimmerman,
370 So.2d 1179 (Fla. 4th DCA 1979) that the felony of false certification of a campaign report under Section
106.07(6) was a separate crime from the misdemeanor of filing a false campaign report under Section 106.-19(1)....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 15659, 1999 WL 1062535
...A campaign treasurer’s report was due with the Department of State in Tallahassee on Friday, August 28, 1998. However, under the applicable statute, “any report postmarked by the United States Postal Service no later than midnight of the day designated shall be deemed to have been filed in a timely manner.” § 106.07(2)(a), Fla....
...o that the day of mailing is not readable. 1 The Department reasoned that in the absence of a postmark which reveals the day of mailing, the Department will treat the report as being filed on the date it was actually received in Tallahassee. See id. § 106.07(8)(b)l....
...surer’s report), the Commission was still not bound to adopt it and could have modified or withdrawn it at any time. As we see it, the statute allows a candidate to file the report by mail and rely on the United States Postal Service postmark. See § 106.07(2)(a), Fla....
...The statute allows other alternatives: "A certificate of mailing obtained from and dated by the United States Postal Service at the time of mailing, or a receipt .from an established courier company, which bears a date on or before the date on which the report is due, shall be proof of mailing in a timely manner.” Id. § 106.07(2)(a)....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 11410, 1992 WL 324888
PER CURIAM. The Republican Party of Dade County appeals an adverse final order of the Florida Elections Commission assessing a fine for the late filing of two campaign finance reports pursuant to Section 106.07(8)(b), Florida Statutes (1991)....
CopyPublished | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 635, 1986 Fla. App. LEXIS 6816
administrative proceeding, finding that he violated section
106.07, Florida Statutes (1983),1 in that he failed
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 10788, 2006 WL 1791710
...or incurred expenses and outstanding checks, (3) failed to report contributions, and (4) made prohibited expenditures. The Commission notified Jennings in June 2003 that 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)....
...om the campaign account, in violation of section
106.021(3). The Commission filed an Order of Probable Cause in November 2003, and an Amended Order of Probable Cause in February 2004, finding probable cause to believe that Jennings violated sections
106.07(5),
106.19(l)(b), and
106.21(3). The Commission charged Jennings with fifty-six counts. Counts 1 and 2 alleged violations of section
106.07(5) for certifying that the original and first amended campaign treasurer reports for the reporting period of February 8 through 27, 2003, were true, correct and complete when they failed to list contributions; counts 3 through 26 alleg...
CopyPublished | Court of Appeals for the Eleventh Circuit
...xpenses has been made and which is not otherwise reported, including the amount, date, and purpose of such expenditure. However, expenditures made from the petty cash fund provided for in [section]
106.12 need not be reported individually. Fla.Stat. §
106.07(4)(a) (1985)....
CopyPublished | Supreme Court of Florida
...quired to
regularly file campaign finance reports with the Miami-Dade County
Elections Department. He was required as the candidate, and as
the treasurer of his campaign through March 9, 2018, to certify the
correctness of each report filed. See § 106.07(5), Fla....
...of the campaign account to
$39,278.26.
Based on the numerous material errors in Mirabal’s monthly
campaign finance reports, the Florida Elections Commission (FEC),
in a consent order dated February 26, 2019, found Mirabal in
violation of section 106.07(5)....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
origin and specifically prohibited at 29 C.F.R. § 106.7(c), id., unless such height and weight restrictions
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 2235, 2006 WL 399259
...’s untimely campaign treasurer’s report. Shin claims that because he was unopposed in the Republican primary for the position of Supervisor of Elections, he was not subject to the requirement of filing a campaign treasurer’s report pursuant to section 106.07, Florida Statutes....
...“Review of a final agency order by this court is brought pursuant to section
120.68, and the standard of review is whether the agency’s interpretation of the law is clearly erroneous.” Novick v. Dep’t of Health, Bd. of Med.,
816 So.2d 1237, 1240 (Fla. 5th DCA 2002). Section
106.07(1), Florida Statutes, requires candidates to file regular reports of contributions and expenditures. Section
106.07(l)(c) creates an exception to that requirement and provides that “any unopposed candidate need only file a report within 90 days after the date such candidate became unopposed.” However, section
106.011(15), Florida Statutes, defin...
...We reject Shin’s argument with respect to the timing of the enactment of the statutes. Both were in effect at the time of his candidacy, and their enactment dates are irrelevant. Shin’s second argument is that he was not required to file a report because he had no reportable expenditures. See § 106.07(7), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2017 WL 625791, 2017 Fla. App. LEXIS 2059
...*688 (4) Distribution of funds shall be made beginning on the 32nd day prior to the primary and every 7 days thereafter. (5) The division shall adopt rules providing for the weekly reports and certification and distribution of funds pursuant thereto required by this section. §
106.35(3)-(5) (footnote omitted). Section
106.07(1), Florida Statutes, provides that campaign contribution and expenditure reports shall be filed “on the 10th day following the end of each calendar month,” or the next day that is not a weekend day or holiday. Reports must also be filed by statewide candidates “[o]n the 60th day immediately preceding the primary election, and each week thereafter, with the last weekly report being filed on the 4th day immediately preceding the general election.” §
106.07(l)(a)l., Fla. Stat. Additionally, statewide candidates must file reports “[o]n the 10th day immediately preceding the general election, and each day thereafter, with the last daily report being filed the 6th day immediately preceding the general election.” §
106.07(l)(a)2....
...(a) State matching funds shall be distributed to eligible candidates beginning on the 32nd day prior to the primary election and every 7 days thereafter. Distributions are based on verified matching contributions as shown on campaign finance reports, required to be filed by Section 106.07(l)(a), F.S., listing the contributions received after September 1 of the calendar year prior to the election....
...ligible matching funds will be distributed as provided in subparagraph (2)(b)4. of this rule.” Id. R. lS-2.047(3)(b). Further: Reports of contributions filed by candidates requesting matching funds must include all information required by Sections
106.07 and
106.30-.36, F.S....
CopyPublished | Supreme Court of Florida
...[i]n order for a
candidate to be qualified.” 3 This list consists of proper payment of
3. The filing officer may be with the Department of State, or a
local supervisor of elections office for certain elected county
positions. See, e.g., § 106.07(2)(a)(1.), Fla....
...If the papers are incomplete, it is the obligation of the filing
officer to make a reasonable effort to apprise the candidate “of the
missing or incomplete items” and also “inform” the candidate of the
filing deadline. §
99.061(7)(b). No other requirements for
§
106.0702(2)(a), Fla. Stat. (2024); §
106.0703(1)(e), Fla....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
candidate has opposition." Answering question 1: Section
106.07(5), F.S., requires a candidate to file his
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15177
...Chapter 106, F.S. requires certain disclosures so that the electorate may have an opportunity to determine the identity of a candidate’s financial supporters and the extent of that support. Separate sections of that chapter (§ 106.-07(4) (b) and § 106.07(4) (d), respectively) require disclosure of information as to (1) campaign fund donors and (2) campaign fund lenders....
CopyPublished | Florida 3rd District Court of Appeal | 2001 Fla. App. LEXIS 4743, 2001 WL 356833
...t by courier or overnight mail to Tallahassee. By statute, the placing of the report in the hands of a courier and obtaining a receipt, or placing the report in the mail with proof of mailing, means that the report is deemed filed as of that moment. § 106.07(2)(a), Fla.Stat....
...The post office did not postmark the letter. The report arrived in the Division office in Tallahassee on October 20, eight days late. The Division assessed a fine of $2175. 1 By statute the fine must “be paid only from personal funds of the candidate.” § 106.07(8)(b), Fla.Stat....
...Miller that a filing by fax was not acceptable, then Mr. Miller would have obtained Judge Kahn’s signature and placed the treasurer’s report in the hands of a courier the same day. The treasurer’s report would thus have been only one day late, see § 106.07(2)(a), Fla....
...e fine to $50. Reversed and remanded. . The statutory fine is $50 per day for the first three days, then $500 per day, subject to a maximum of 25% of the total receipts or expenditures for the period covered by the late report, whichever is greater. § 106.07(8)(b), Fla.Stat. . The Commission claims that this issue is covered by sections 106.04 and 106.07, Florida Statutes....
