CopyCited 5 times | Published | Florida 4th District Court of Appeal
...Although at trial, the proof adduced may also constitute the crime of false reporting, it is the additional element of making the false certification which differentiates the felony from the misdemeanor act. These two crimes are therefore not inconsistent. Appellee further contends that the provisions of §
106.18 and §
106.21 of the Campaign Financing Act indicate that the legislature intended the misdemeanor provisions of §
106.19(1) to be the controlling provisions with regard to incorrect campaign contribution and expenditure reports. Sections
106.18 and
106.21 provide respectively:
106.18 When a candidate's name to be omitted from ballot....
...ther 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.
106.21 Certificates of election not to be issued upon conviction....
...es for public officials who commit felony acts. See, e.g., Fla. Const., art. 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)....
