Florida/Georgia Personal Injury & Workers Compensation

...mediate resolution by this Court. [1] We have jurisdiction. Art. V, § 3(b)(5), Fla. Const. We affirm as explained below. John and Jane Doe filed a complaint in circuit court in February 1996 seeking a declaratory judgment that sections 106.071, [2] 106.143, [3] and 106.144, [4] Florida Statutes (1995), governing campaign advertising and financing, are unconstitutional....

...Jews for Jesus, Inc., 482 U.S. 569, 574, 107 S.Ct. 2568, 2572, 96 L.Ed.2d 500 (1987) ("A statute may be invalidated on its face, however, only if the overbreadth is `substantial.'"). [5] Applying the above law to the present case, we conclude that Florida sections 106.071, 106.143, and 106.144 are not substantially overbroad and that any infirmity can be cured by the narrowing construction given below....

...that a State's enforcement interest might justify a more limited identification requirement [than that of the Ohio statute]." 514 U.S. at 353, 115 S.Ct. at 1522. Second, unlike the Ohio statute in McIntyre, the identification requirement in Florida section 106.143(1)(b) [14] can reasonably be read as not applying to the type of personal expression engaged in by McIntyre, and we so read it. We hold that section 106.143(1)(b) is inapplicable to the personal pamphleteering of "individuals acting independently and using only their own modest resources." 514 U.S....

...ion of independent advertisements made by individuals does it run afoul of the First Amendment. [15] This offending language is minor and easily severable, [16] *935 and we order it stricken. [17] The generic requirement in both sections 106.071 and 106.143 that all communications be marked with the phrase "paid political advertisement" in no way violates the anonymity concerns underlying McIntyre. [18] IV. CONCLUSION Based on the foregoing, the Does overbreadth challenge to sections 106.071, 106.143, and 106.144 must fail....

...The statutes are not substantially overbroad and, therefore, are not facially unconstitutional. Any infirmity that might be alleged in the future can be addressed by the courts of this state on an "as applied" basis. [19] We affirm the trial court's order upholding the facial constitutionality of sections 106.071, 106.143, and 106.144, Florida Statutes (1995), as explained herein....

...ture. Section 106.071 further provides that any political advertisement paid for by an independent expenditure must state that it is a paid political advertisement paid for independently and identify the person or group paying for the advertisement. Section 106.143 requires that any political advertisement or campaign literature be marked as "paid political advertisement" and identify the individual or group sponsoring the advertisement and who paid for the advertisement....

...ose a candidate for public office by means of political advertisements. The section 106.071 disclosure requirement relating to political advertisements paid for by an independent expenditure poses a different problem. As discussed below in regard to section 106.143, I conclude that this requirement is unconstitutional and would strike it from the statute. Section 106.143(1) requires that all political advertisements and campaign literature be marked as paid political advertisement, identify the person or organization sponsoring the advertisement, and identify the person or organization paying for the advertisement, if different from the source of sponsorship....

...statute reaches a substantial amount of constitutionally protected conduct. Moreover, the task of enacting a more limited identification statute narrowly tailored to serve a compelling state interest must fall to the legislature. Accordingly, I find section 106.143(1) and the part of section 106.071 requiring disclosure of identity as to political advertisements to be unconstitutionally overbroad....

...y state "Paid political advertisement paid for by (Name of person or committee paying for advertisement) independently of any (candidate or committee)," and shall contain the name and address of the person paying for the political advertisement. [3] Section 106.143(1), Florida Statutes (1995), provides in relevant part: (1) Any political advertisement and any campaign literature published, displayed, or circulated prior to, or on the day of, any election shall: (a) Be marked "paid political advertisement" or with the abbreviation "pd....

...[13] See, e.g., Stalder (giving Florida's hate crimes statute a narrowing construction); Firestone (giving Florida's polling place statute a narrowing construction); Elder (giving Florida's anonymous phone call statute a narrowing construction). [14] As noted above, section 106.143(1) applies to "[a]ny political advertisement and campaign literature published, displayed or circulated prior to, or on the day of, any election." The phrase "political advertisement" is defined in section 106.011: (17) "Political adv...

...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. This information is available to the public and may be published through newspapers and other media. Section 106.143 requires disclosure of the source of payment for all political advertisements and campaign literature....

...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. This information is available to the public and may be published through newspapers and other media. Section 106.143 requires disclosure of the source of payment for all political advertisements and campaign literature....

...ailing to include the proper disclaimer on political advertisements paid for by independent expenditures; (2) Section 106.071(1) by failing to timely file periodic reports of independent expenditures of $100 or more, on three separate occasions; (3) Section 106.143(4)(b) by making independent expenditures for political advertisements submitted to radio stations for distribution and by failing to provide the station with a written statement that no candidate approved of the advertisements; and (4...

...Further, section 106.071(1) applies to any "person," which is specifically defined to include a corporation. [4] Thus, Doe and McIntyre apply to GCG. The Commission erred in finding that Guetzloe and GCG violated the provisions of section 106.071(1). Next, Guetzloe argues that because the disclosure requirements in section 106.143(4)(b) are similar to those found in section 106.071(1), they are also barred by Doe. We disagree. Doe did not address section 106.143(4)(b), and this court cannot find any legal basis to extend Doe to bar the candidate approval disclaimers required therein....

...The Commission's failure to allow Guetzloe and GCG an evidentiary hearing on the issue of willfulness constitutes reversible error. The final order of the Commission is reversed as to the violation of section 106.071(1), affirmed as to the violation of *946 section 106.143(4)(b), and reversed and remanded for a formal hearing on the issue of willfulness....

... Case: 12-14074 Date Filed: 06/14/2013 Page: 5 of 35 Challengers also want to invalidate the requirement that Florida speakers, including PACs, who spend money on an election identify themselves in their political ads. See Fla. Stat. § 106.143(1)(c)–(d)....

708 So.2d 929, 934 (Fla.1998) (“We hold that section 106.143(l)(b) is inapplicable to the personal pamphleteering

properly found that BROOM willfully violated section 106.143, Florida Statutes (1995), based on Mr. Edward

...because it enables the Party to raise money to be used for campaign activities.” 6. During the campaign Judge Krause failed to include the word “for” between the candidate’s name and the office being sought contrary to [s]ection 106.143(6), which she was required to do since she was not an incumbent....

...Stipulation with Judge Krause in which Judge Krause admits that her conduct, in conducting her campaign for judicial office was improper. This conduct violated 1, 6B, 7A(1), 7A(3) and 7C(3) of the Code of Judicial Conduct, and sections 106.07, 106.08, and 106.14, and 106.143(6)[,] Florida Statutes, as set forth in the Stipulation submitted herewith. -5-  Judge Krause admits that she purchased a table at a Republican Party fundraiser with funds from her campaign account contrary to the non-partisan nature of judicial elections. This contravenes section 106.143(6), Florida Statutes[,] and [c]anon 7 of the Code of Judicial Conduct. Judge Krause further admits that some of her early campaign materials failed to contain the necessary qualifier “for” as required for non-incumbent ca...

Commission finding the appellant guilty of violating § 106.143 Fla. Stat. and fining him $500. In 1980, appellant