Arrestable Offenses / Crimes under Fla. Stat. 106.11
CopyCited 28 times | Published | Supreme Court of Florida | 1998 WL 120280
candidate, elected public official, or issue. §
106.011(17), Fla. Stat. (1995). Section 106.144 requires
CopyCited 21 times | Published | Court of Appeals for the Eleventh Circuit | 2001 U.S. App. LEXIS 25319, 2001 WL 1509579
...Florida’s Construction of §
106.08(5)
Building off of the district court’s narrowing construction, Florida argues that
§
106.08(5) should be read in view of the entire state campaign finance regime,
including §§
106.011(3)(a),
106.021(1)(b),13 and
106.11(1).14 Based on these
provisions, Florida contends that §
106.08(5) should be narrowly construed as only
prohibiting a candidate from using funds from his campaign account for personal
donation to an organization....
...Section
106.021(1)(b) mandates that “each candidate and each political committee shall
. . . designate one primary campaign depository for the purpose of depositing all contributions
received, and disbursing all expenditures made, by the candidate.”
14
Section
106.11(1) provides that a candidate’s “campaign account shall be separate from
any personal or other account and shall be used only for the purpose of depositing contributions
and making expenditures for the candidate.”
15...
...transfers made for
the purpose of influencing the results of an election. Florida argues that this
definition should be read in conjunction with the §
106.021(1)(b) requirement that
each candidate create a separate campaign account and with the §
106.11(1)
requirement that the account be used only for depositing contributions and making
campaign expenditures....
CopyCited 14 times | Published | Supreme Court of Florida | 2 Media L. Rep. (BNA) 1822
SUNDBERG and HATCHETT, JJ., concur. NOTES [1] Section
106.011(1)(b), Florida Statutes. [2] Section
99.061(1)
CopyCited 14 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1955
turn now to Ferre's contention that since Section
106.011(3)(a), Florida Statutes (1981), defines "contribution"
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 1989 WL 137619
...The Florida legislature has acted to balance the first amendment right to freedom of political association with the need for fair, open, and aboveboard elections. Thus, we have the campaign finance limitation law, section
106.08, Florida Statutes (1987), and the contribution disclosure law, section
106.11, Florida Statutes (1987)....
CopyCited 7 times | Published | Supreme Court of Florida
"political committee" within the definition of Section
106.011(2), Florida Statutes (1975), and as utilized
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...bed by §
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 §
106.11(3), or any other expenditure prohibited by this chapter; is guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083.
CopyCited 4 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 31
definition of political committee found in section
106.011, Florida Statutes (1983). The definition of
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22082173
...3d DCA 1987); Gentile v. Dept. of Prof'l. Regulation,
448 So.2d 1087, 1089-90 (Fla. 1st DCA 1984). Accordingly we reverse the finding of violations on these two claims. IX. The Commission charged, and the administrative law judge found, violations of subsection
106.11(3) and
106.19(1)(d), Florida Statutes (1999) which prohibits any candidate, campaign manager, or treasurer from authorizing any expenses or signing a check drawn on the primary campaign account, unless there are sufficient funds on deposit....
CopyCited 3 times | Published | District Court, N.D. Florida
communication that is regulated under Florida law. §
106.011(18)(a), Fla. Stat. The fact that "it may be difficult
CopyCited 3 times | Published | District Court, N.D. Florida | 1978 U.S. Dist. LEXIS 17662
aggregate amount in excess of $100. Fla.Stat. §
106.011(1). Each political committee is required to file
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2008 WL 441626
purpose of making electioneering communications. §
106.011(19), Fla. Stat. ECOs are not considered political
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 2554
...bed 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(3) or any other expenditure prohibited by this chapter......
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2008 WL 817106
restriction of anonymous political speech. Section
106.011(18)(a) defines "electioneering communication"
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 2659408, 2013 U.S. App. LEXIS 11995
...§
106.03(1)(a);
• appoint a treasurer and establish a campaign depository, id. §
106.021(1)(a);
• deposit all funds within five business days of receipt, id. §
106.05;
• make all expenditures by check drawn from the campaign account, id.
§
106.11(1)(a);
• keep “detailed accounts” of receipts and expenditures, current to within no
more than two days, id....
...§
106.05 (requiring
Florida PACs to deposit all funds within five business days of receipt); keep good
records, see id. §
106.06(1), (3) (requiring Florida PACs to keep updated records);
and, to promote good recordkeeping, disburse funds by check rather than cash, see
id. §
106.11(1)(a) (requiring Florida PACs to disburse funds by check)....
CopyCited 1 times | Published | District Court, N.D. Florida | 2010 U.S. Dist. LEXIS 119977, 2010 WL 4339374
...; §
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)....
CopyCited 1 times | Published | Supreme Court of Florida | 2005 WL 1412960
...unt did not have sufficient funds to cover those expenses, and after the campaign he loaned funds to his campaign and deposited such funds into his campaign account after the deadline for doing so had passed. This conduct violated Florida Statutes §§
106.11 and
106.08 and Canons 1, 2, 6 B and 7....
...ing such violations). THE FINDINGS ON THE CHARGES Judge Gooding was charged as follows: 1. During the campaign, you incurred campaign expenses at a time when your campaign account did not have sufficient funds to cover those expenses in violation of § 106.11, Florida Statutes, in violation of Canons 1, 2, 6 B and 7....
...In the stipulation, Judge Gooding admitted that during his 2002 campaign for the circuit court judgeship he holds, he incurred campaign expenses at a time when his campaign account had insufficient funds. He correctly admitted the impropriety of this conduct under section 106.11, Florida Statutes (2001), which prohibits drawing on a campaign account when there are insufficient funds to cover the expenditure....
...The JQC alleged in its first charge that incurring campaign expenses when his campaign account had insufficient funds also violated Canon 6 B, which requires a judge to file required financial reports. There is no allegation or admission, however, that Judge Gooding was required to and failed to file a report, and section 106.11(3), Florida Statutes (2001), does not contain a reporting requirement....
...unless there are sufficient funds on deposit in the primary depository account ... to pay the full amount of the authorized expense, to honor all other checks drawn on such account, which checks are outstanding, and to meet all expenses previously authorized but not yet paid. § 106.11(3), Fla....
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
cert. denied,
135 So.2d 743 (Fla. 1961). Section
106.011 states that the definitions contained therein
CopyPublished | Florida 4th District Court of Appeal
the candidate would represent if elected. §
106.011(8)(a), Fla. Stat. (2018). The mailer implied
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
officials.8 "Testimonial" was generally defined in section
106.011(11), Florida Statutes (1978 Supplement), to
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
answered in the affirmative. AS TO QUESTION 2: Section
106.011(1), F. S. 1977, defines the term `political
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 457, 2005 Fla. LEXIS 1295
...unt did not have sufficient funds to cover those expenses, and after the campaign he loaned funds to his campaign and deposited such funds into his campaign account after the deadline for doing so had passed. This conduct violated Florida Statutes §§
106.11 and
106.08 and Canons 1, 2, 6 B and 7....
...ing such violations). THE FINDINGS ON THE CHARGES Judge Gooding was charged as follows: 1. During the campaign, you incurred campaign expenses at a time when your campaign account did not have sufficient funds to cover those expenses in violation of § 106.11, Florida Statutes, in violation of Canons 1, 2, 6 B and 7....
...In the stipulation, Judge Gooding admitted that during his 2002 campaign for the circuit court judgeship he holds, he incurred campaign expenses at a time when his campaign account had insufficient funds. He correctly admitted the impropriety of this conduct under section 106.11, Florida Statutes (2001), which prohibits drawing on a campaign account when there are insufficient funds to cover the expenditure....
...The JQC alleged in its first charge that incurring campaign expenses when his campaign account had insufficient funds also violated Canon 6 B, which requires a judge to file required financial reports. There is no allegation or admission, however, that Judge Gooding was required to and failed to file a report, and section 106.11(3), Florida Statutes (2001), does not contain a reporting requirement....
...unless there are sufficient funds on deposit in the primary depository account ... to pay the full amount of the authorized expense, to honor all other checks drawn on such account, which checks are outstanding, and to meet all expenses previously authorized but not yet paid. § 106.11(3), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
individuals having collective capacity.” Id. §
106.011(8). For the purpose of contribution limits, the
CopyPublished | Court of Appeals for the Eleventh Circuit
enjoining the enforcement of Florida Statutes Section
106.011(1), which governs the financing of electoral
CopyPublished | Florida 4th District Court of Appeal
...section
1 of the Florida Constitution. 1 The City argued Hudspeth was obsolete
because we specifically acknowledged the lack of legislation concerning
the propriety of local government expenditures related to campaign
literature. The City pointed to section 106.113, Florida Statutes (2009),
enacted after Hudspeth, as controlling.
1
At oral argument, the City admitted the plaintiff has standing....
...democratic process.
540 So. 2d at 154. In doing so, we tacitly suggested standing exists to challenge
a government’s expenditure of funds for advocacy of a particular position on a
referendum.
3
Section
106.113 prohibits local governments from expending public
funds on political advertisements that concern an issue subject to a vote
of the electors....
...Valeo,
424 U.S. 1 (1976), to apply. Pursuant to the “magic words”
standard, the City argued the campaign literature was not a “political
advertisement” because none of the literature contained the “magic
words.”
The trial court found that section
106.113 controlled and that the
“magic words” test applied. “Since none of the Buckley ‘magic words’ were
used in the City’s communications,” the trial court found the City did not
expressly advocate for Ballot Question No. 2. Therefore, the trial court
found that the City had not violated section
106.113 or Article 1, section
1 of the Florida Constitution....
...To withstand dismissal on standing grounds,
however, the challenge must be to legislative appropriations.
Council for Secular Humanism, Inc. v. McNeil,
44 So. 3d 112, 121 (Fla. 1st
DCA 2010).
The plaintiff first argues the trial court used the wrong legal test in
applying section
106.113 to the ballot initiative campaign purchased by
the City....
...hed by Citizens
United v. Fed. Election Comm’n,
558 U.S. 310, 324-25 (2010). We agree
with the plaintiff that the “functional equivalent” test should have been
applied, but even under that test, the result is the same. The City did not
violate section
106.113 or Article I, section 1 of the Florida Constitution.
In Citizens United, the Supreme Court announced the “functional-
equivalent test.” A “court should find that [a communication] is the
functional equivalent of express advocacy only if [it] is susceptible of no
reasonable interpretation other than as an appeal to vote for or against a
specific candidate.” Citizens United,
558 U.S. at 324-25.
Section
106.113(2), Florida Statutes, provides in part:
A local government or a person acting on behalf of local
government may not expend or authorize the expenditure of .
....
...te address and
a hotline number where citizens could learn more.
In short, the City did not expressly advocate a position. The literature
paid for by the City was “not the functional equivalent of express
advocacy.” The City neither violated section 106.113, nor Article 1, section
1 of the Florida Constitution....
...in DE Op. 12-05 is not
controlling because the issue here challenges the actions of local government
officials, not the agencies themselves. Because the Division of Elections is not a
party, the plaintiff suggests the Division’s interpretation of section 106.113 is
irrelevant....
CopyPublished | Florida 4th District Court of Appeal | 2017 WL 625791, 2017 Fla. App. LEXIS 2059
...The division shall review each report and verify the amount of funds to be distributed prior to authorizing the release of funds. The division may prescribe separate reporting forms for candidates for Governor and Cabinet officer. (b) Notwithstanding the provisions of s. 106.11, a candidate who is eligible for a distribution of funds based upon qualifying matching contributions received and certified to the division on the report due on the 4th day prior to the election, may obligate funds not to exceed the amount...
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
political committee within the purview of Ch. 106. Section
106.011(2) defines political committee to mean a combination
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
which is filled by vote of the electors.' Section
106.011(10), F. S. See also s.
97.021(21), F. S., which
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
answered in the negative. AS TO QUESTION 3: Section
106.011(2), supra, states, in pertinent part, that
