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The Florida Statutes

The 2003 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 106
CAMPAIGN FINANCING
View Entire Chapter
Section 106.265, Florida Statutes 2003

106.265  Civil penalties.--

(1)  The commission 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 $1,000 per count. In determining the amount of such civil penalties, the commission 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, committee of continuous existence, or political party; and

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

(2)  If any person, political committee, committee of continuous existence, 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.

(3)  Any civil penalty collected pursuant to the provisions of this section shall be deposited into the 1Election Campaign Financing Trust Fund.

(4)  Notwithstanding any other provisions of this chapter, any fine assessed pursuant to the provisions of this chapter, which fine is designated to be deposited or which would otherwise be deposited into the General Revenue Fund of the state, shall be deposited into the 1Election Campaign Financing Trust Fund.

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.

1Note.--The trust fund expired, effective November 4, 1996, by operation of s. 19(f), Art. III of the State Constitution.

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