Avoiding Costly Campaign Violations

The Florida Elections Commission has jurisdiction over violations of the Florida Statutes. The Commission may impose a fine not exceeding $1,000 for each violation. Additionally, Chapter 106 of the Florida Statutes outlines several enhanced penalty provisions. Chapter 104 contains over 60 separate violations, while Chapter 106 includes nearly 100.

The Commission hears appeals regarding automatic fines for late filing of campaign treasurer's reports. According to the Florida Statutes, a candidate or political committee that fails to file on time will also incur an automatic fine. Moreover, a political party's state or county executive committee is automatically fined for each day its report is late. Electioneering communications organizations are similarly subject to automatic fines. The appealing party may request a hearing before the Commission.

Candidates, political committees, and electioneering communication organizations are charged $50 for the first three days late and, thereafter, $500 per day for each day late, not to exceed 25% of the total receipts or expenditures, whichever is greater. However, for the reports immediately preceding each primary and general election, the fine is $500 per day. A county executive committee is charged $50 per day, and a state executive committee is charged $1,000 per day for each day its report is late, not to exceed 25% of total receipts or expenditures, whichever is greater. However, suppose executive committees fail to file a report on the Friday preceding the general election. In that case, the fine is $500 per day for county executive committees and $10,000 per day for state executive committees.

The Commission hears appeals of dissolution of political committees, electioneering communications organizations, and political parties by its filing officer. The appealing party must provide the Commission with documentation supporting its claim.