Florida Statute 106.265 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 106
CAMPAIGN FINANCING

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106.265 Civil penalties.—

(1)(a) The commission or, in cases referred to the Division of Administrative Hearings pursuant to s. 106.25(5), the administrative law judge is authorized upon the finding of a violation of this chapter or chapter 104 to impose civil penalties in the form of fines not to exceed $2,500 per count. The fine may be multiplied by a factor of 3, not to exceed $7,500, for each subsequent count of the same category, beginning with the fourth offense.

(b) If applicable, the commission or the administrative law judge may instead impose a civil penalty as provided in s. 104.271 or s. 106.19.

(2) A fine imposed against a political committee jointly and severally attaches to the chair of the political committee if the political committee does not pay the fine within 30 days.

(3) In determining the amount of such civil penalties, the commission or administrative law judge shall consider, among other mitigating and aggravating circumstances:

(a) The gravity of the act or omission;

(b) Any previous history of similar acts or omissions;

(c) The appropriateness of such penalty to the financial resources of the person, political committee, affiliated party committee, electioneering communications organization, or political party; and

(d) Whether the person, political committee, affiliated party committee, electioneering communications organization, or political party has shown good faith in attempting to comply with the provisions of this chapter or chapter 104.

(4) If any person, political committee, affiliated party committee, electioneering communications organization, or political party fails or refuses to pay to the commission any civil penalties assessed pursuant to the provisions of this section, the commission shall be responsible for collecting the civil penalties resulting from such action.

(5) Any civil penalty collected pursuant to the provisions of this section shall be deposited into the General Revenue Fund.

(6) Any fine assessed pursuant to this chapter shall be deposited into the General Revenue Fund.

(7) In any case in which the commission determines that a person has filed a complaint against another person with a malicious intent to injure the reputation of the person complained against by filing the complaint with knowledge that the complaint contains one or more false allegations or with reckless disregard for whether the complaint contains false allegations of fact material to a violation of this chapter or chapter 104, the complainant shall be liable for costs and reasonable attorney’s fees incurred in the defense of the person complained against, including the costs and reasonable attorney’s fees incurred in proving entitlement to and the amount of costs and fees. If the complainant fails to pay such costs and fees voluntarily within 30 days following such finding by the commission, the commission shall forward such information to the Department of Legal Affairs, which shall bring a civil action in a court of competent jurisdiction to recover the amount of such costs and fees awarded by the commission.

History.—s. 61, ch. 77-175; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 4, ch. 86-276; ss. 7, 14, 15, ch. 90-338; s. 5, ch. 91-429; s. 51, ch. 97-13; s. 36, ch. 98-129; s. 3, ch. 2000-355; s. 22, ch. 2004-252; ss. 24, 30, ch. 2011-6; s. 72, ch. 2011-40; HJR 7105, 2011 Regular Session; s. 24, ch. 2013-37; s. 50, ch. 2023-120.

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Amendments to 106.265

Annotations, Discussions, Cases:

Cases Citing Statute 106.265

Total Results: 13 | Sort by: Relevance | Newest First

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In Re Kinsey, 842 So. 2d 77 (Fla. 2003).

Cited 41 times | Published | Supreme Court of Florida | 2003 WL 193520

...4th DCA 2000) (affirming fine for failing to report value of a campaign contribution); Ferre v. State ex rel. Reno, 478 So.2d 1077 (Fla. 3d DCA 1985) (affirming $35,000 fine on mayor who accepted improper post-election campaign contributions), approved, 494 So.2d 214 (Fla.1986); see also § 106.265, Fla....

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Browning v. Florida Hometown Democracy, Inc., 29 So. 3d 1053 (Fla. 2010).

Cited 8 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 120, 2010 Fla. LEXIS 217, 2010 WL 546768

...at "[c]riminal proceedings for violations of . . . chapter 104 may be brought in the appropriate court of competent jurisdiction [and that] any such action . . . shall be advanced on the docket of the court . . . and put ahead of all other actions"; section 106.265, Florida Statutes (2007), provides civil penalties for violations of chapter 104; and section 106.27(2) provides for injunctive relief against violations of chapter 104....

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Arza v. Florida Elections Com'n., 907 So. 2d 604 (Fla. 3d DCA 2005).

Cited 5 times | Published | Florida 3rd District Court of Appeal | 2005 WL 1680787

..., 2004. Arza argues to this court that these facts constitute "unusual circumstances" within the meaning of section 106.04(8)(c) sufficient to obligate us to waive the fine. § 106.04(8)(c), Fla. Stat. (2004); Fla. Admin. Code R. 2B-1.0055; see also § 106.265(1), Fla....

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Diaz De La Portilla v. Fla. Elections Com'n, 857 So. 2d 913 (Fla. 3d DCA 2003).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22082173

...The Legislature has established a high standard which must be met in order for a fine to be imposed under chapter 106, Florida Statutes. 1. The Commission may impose a fine of up to $1,000 per count for a willful violation of chapter 106. See §§ 106.25(3), 106.265(1), Fla....

...The campaign treasurer is a formally designated campaign officer under the statute, see § 106.021, Fla. Stat. (1999), who is subject to being fined by the Commission (just like the candidate) if the campaign treasurer commits willful violations of the election law. Id. §§ 106.19, 106.25(3), 106.265(1)....

...The evidence is therefore legally sufficient on these claims. XI. We next consider the Campaign's argument that the number of counts must be further reduced because of the way that the Commission pled its case. We reject this argument on the facts presented here. Section 106.265, Florida Statutes authorizes the Commission to impose civil penalties for violations of chapter 106 "in the form of fines not to exceed $1,000 per count." § 106.265(1), Fla....

...It would be our view that one who lobbies the Legislature should not participate, over objection, in the decision of a complaint against a member of the Legislature. [7] *925 We conclude that the Commissioner should have recused herself and should not participate in proceedings on remand. Regarding the setting of fines, section 106.265, Florida Statutes, lists several factors to be considered. Among the things to be taken into account is "[t]he appropriateness of such penalty to the financial resources of the person ...." § 106.265(1)(c), Fla....

...n remand. XIII. For the stated reasons, we affirm the order of the Commission in part, reverse it in part, and remand for a new hearing on the issue of penalty. [8] NOTES [1] The fact that the violation must be willful is not explicitly stated in subsection 106.265(1), but derives from subsection 106.25(3)....

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McGann v. Florida Elections Com'n, 803 So. 2d 763 (Fla. 1st DCA 2001).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 15629, 2001 WL 1355313

...Robert E. Meale, the administrative law judge (ALJ) found that, except as to section 106.19(1)(b), none of the violations was "willful." As to the section 106.19(1)(b) violation, the ALJ recommended the maximum penalty for one count, a fine of $1000. See § 106.265(1), Florida Statutes (1995)....

...McGann had violated section 106.19(1)(b) "on multiple occasions" as a single count, and recommended the maximum penalty authorized for a single count. "The commission is authorized upon the finding of a violation of [Chapter 106] to impose civil penalties in the form of fines not to exceed $1,000 per count." § 106.265(1), Fla....

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Mcarthur v. Firestone, 817 F.2d 1548 (11th Cir. 1987).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 6930

...Florida campaign financing law. 2 This law provides for civil and criminal penalties if McArthur or his campaign officials knowingly and willfully fail to comply with the reporting requirements. See Fla.Stat. Sec. 106.19(1)(b)-(c) (1985); 3 id. Sec. 106.265 (amended 1986); 4 see also id....

...(b) [f]ails to report any contribution required to be reported by this chapter; [or] (c) [f]alsely reports or deliberately fails to include any information required by this chapter ... is guilty of a misdemeanor of the first degree, punishable as provided in [section] 775.082 or [section] 775.083. 4 Section 106.265 states in relevant part as follows: (1) The [FEC] is authorized upon finding of violation of this chapter to impose civil penalties in the form of fines not to exceed $1,000 per count....

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Sec'y of State v. Milligan, 704 So. 2d 152 (Fla. 1st DCA 1997).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1997 WL 765659

...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. [1] § 106.32(2) & (3), Fla. Stat. (1995). Section 106.265, Florida Statutes (1995), provided that the Florida Elections Commission was authorized to impose civil penalties upon the finding of a violation of chapter 106, and that any civil penalty collected shall be deposited into the Trust Fund....

...d 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....

...ases. [7] These amendments do not, however, clearly indicate that the legislature intended public campaign financing to be suspended until a specific appropriation was made. Sections 106.31 106.36 were not amended. Although the legislature amended section 106.265(2) to provide that the Comptroller rather than the Elections Commission was responsible for bringing an action to enforce a penalty, [8] section 106.265(3) which provides that any civil penalty collected shall be deposited into the Trust Fund, was not amended....

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Smith v. Tynes, 412 So. 2d 925 (Fla. 1st DCA 1982).

Cited 2 times | Published | Florida 1st District Court of Appeal | 3 Educ. L. Rep. 1154

...his duties under the election code fraudulently or corruptly is guilty of a third degree felony. Section 104.36 provides that any person who solicits votes within 100 yards of a polling place on election day is guilty of a first degree misdemeanor. Section 106.265 provides for civil penalties, to be imposed by the Florida Elections Commission, for violations of Chapter 106, including Section 106.144....

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Florida Elections Comm'n v. Davis, 44 So. 3d 1211 (Fla. 1st DCA 2010).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 14875, 2010 WL 3783436

...Both before and after the amendment, the Commission's statutory authority to levy civil penalties has been clear: The commission is authorized upon the finding of a violation of this chapter [Chapter 106] or chapter 104 to impose civil penalties in the form of fines not to exceed $1,000 per count. § 106.265(1), Fla....

...tment of Military Affairs in an appropriately convened court-martial action as provided by law, shall impose a sentence of imprisonment, nor shall it impose any other penalty except as provided by law. Art. I, § 18, Fla. Const. (Emphasis supplied.) Section 106.265(1), Florida Statutes (2006), authorizes the Commission, but not the Division of Administrative Hearings or administrative law judges, to levy civil penalties for election code violations....

...But the fact remains that no statute authorizes administrative law judges to "impose civil penalties in the form of fines." Only the Commission is so authorized: "The commission is authorized... to impose civil penalties in the form of fines not to exceed $1,000 per count." § 106.265(1), Fla....

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Celestin v. Florida Elections Comm'n, 858 So. 2d 382 (Fla. 3d DCA 2003).

Published | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 16707, 2003 WL 22492782

763 (Fla. 1st DCA 2001); § 106.265(l)(a) Fla. Stat. (1999). Section 106.265 lists several factors to

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McArthur v. Firestone, 817 F.2d 1548 (11th Cir. 1987).

Published | Court of Appeals for the Eleventh Circuit

See Fla.Stat. § 106.19(1)(b)-(c) (1985);3 id. § 106.-265 (amended 1986);4 see also id. §§ 775.-082 & 775

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Inquiry Concerning a Judge, No. 99-09, re Kinsey, 842 So. 2d 77 (Fla. 2003).

Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 97, 2003 Fla. LEXIS 103

approved, 494 So.2d 214 (Fla.1986); see also § 106.265, Fla. Stat (2002) (authorizing imposition of fine

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Rude v. Florida Elections Comm'n, 370 So. 2d 809 (Fla. Dist. Ct. App. 1979).

Published | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14427

such authority was granted the Commission. Section 106.265, Florida Statutes (1977), authorizing the imposition

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