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Florida Statute 106.265 | Lawyer Caselaw & Research
F.S. 106.265 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 106
CAMPAIGN FINANCING
View Entire Chapter
F.S. 106.265
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.

F.S. 106.265 on Google Scholar

F.S. 106.265 on Casetext

Amendments to 106.265


Arrestable Offenses / Crimes under Fla. Stat. 106.265
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 106.265.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FLORIDA ELECTIONS COMMISSION, v. B. DAVIS,, 44 So. 3d 1211 (Fla. Dist. Ct. App. 2010)

. . . . § 106.265(1), Fla. Stat. (2006). . . . Section 106.265(1), Florida Statutes (2006), authorizes the Commission, but not the Division of Administrative . . . is authorized ... to impose civil penalties in the form of fines not to exceed $1,000 per count.” § 106.265 . . .

S. BROWNING, v. FLORIDA HOMETOWN DEMOCRACY, INC. PAC,, 29 So. 3d 1053 (Fla. 2010)

. . . action ... shall be advanced on the docket of the court ... and put ahead of all other actions”; section 106.265 . . .

C. C. DOCKERY, a v. E. HOOD,, 922 So. 2d 258 (Fla. Dist. Ct. App. 2006)

. . . address of the paid petition circulator on the form is subject to the civil penalties prescribed in s. 106.265 . . .

ARZA, v. FLORIDA ELECTIONS COMMISSION,, 907 So. 2d 604 (Fla. Dist. Ct. App. 2005)

. . . Code R. 2B-1.0055; see also § 106.265(1), Fla. Stat. (2004). . . .

J. CELESTIN, v. FLORIDA ELECTIONS COMMISSION,, 858 So. 2d 382 (Fla. Dist. Ct. App. 2003)

. . . Florida Elections Comm’n, 803 So.2d 763 (Fla. 1st DCA 2001); § 106.265(l)(a) Fla. Stat. (1999). . . . Section 106.265 lists several factors to be considered regarding the setting of fines. . . . See § 106.265(l)(a) Fla. Stat. (1999). . . . See § 106.265(l)(c), Fla. Stat. (1999); Diaz de la Portilla v. . . .

DIAZ PORTILLA, v. FLORIDA ELECTIONS COMMISSION,, 857 So. 2d 913 (Fla. Dist. Ct. App. 2003)

. . . See §§ 106.25(3), 106.265(1), Fla. Stat. (1999). . . . Id. §§ 106.19, 106.25(3), 106.265(1). . . . 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. . . . Regarding the setting of fines, section 106.265, Florida Statutes, lists several factors to be considered . . .

a No. KINSEY, 842 So. 2d 77 (Fla. 2003)

. . . accepted improper post-election campaign contributions), approved, 494 So.2d 214 (Fla.1986); see also § 106.265 . . .

C. McGANN, v. FLORIDA ELECTIONS COMMISSION,, 803 So. 2d 763 (Fla. Dist. Ct. App. 2001)

. . . See § 106.265(1), Florida Statutes (1995). . . . of [Chapter 106] to impose civil penalties in the form of fines not to exceed $1,000 per count.” § 106.265 . . .

SECRETARY OF STATE, B. v. F. MILLIGAN,, 704 So. 2d 152 (Fla. Dist. Ct. App. 1997)

. . . Section 106.265, Florida Statutes (1995), provided that the Florida Elections Commission was authorized . . . 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 . . . 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, section 106.265(3) which provides . . .

SMITH, v. CRAWFORD,, 645 So. 2d 513 (Fla. Dist. Ct. App. 1994)

. . . See §§ 106.265, 106.353(2), 106.36, Fla. Stat. (1993). . . .

K. McARTHUR, O J. R. S. v. SMITH, W. G. B. A. Dr. Dr. E., 716 F. Supp. 592 (S.D. Fla. 1989)

. . . .-025(l)(b), 106.19, and 106.265 are unconstitutional as they now exist and as they existed during the . . . Florida Statute sections 106.07(4)(a)l, (4)(a)7, (4)(a)8, (4)(a)3, 106.07(6), 106.025(l)(b), 106.19 and 106.265 . . .

K. McARTHUR, O J. R. S. v. FIRESTONE, W. B. A. Dr. Dr. E., 817 F.2d 1548 (11th Cir. 1987)

. . . Section 106.265 states in relevant part as follows: (1) The [FEC] is authorized upon finding of violation . . .

SMITH, v. P. TYNES, Jr. L. H., 412 So. 2d 925 (Fla. Dist. Ct. App. 1982)

. . . Section 106.265 provides for civil penalties, to be imposed by the Florida Elections Commission, for . . .

W. ZIMMERMAN, v. FLORIDA ELECTIONS COMMISSION,, 373 So. 2d 58 (Fla. Dist. Ct. App. 1979)

. . . See Sections 106.25(4)(a), (b), 106.26, 106.265, Fla.Stat. (1977). . . . .

H. RUDE, v. FLORIDA ELECTIONS COMMISSION,, 370 So. 2d 809 (Fla. Dist. Ct. App. 1979)

. . . Section 106.265, Florida Statutes (1977), authorizing the imposition of civil fines became effective . . .