IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF FLORIDA 

Tallahassee Division 

ANDREW NATHAN WORLEY, PAT WAYMAN, JOHN 

SCOLARO, and ROBIN STUBLEN, 

Plaintiffs, 

v. 

DAWN K. ROBERTS, in her official capacity as 

Florida Secretary of State; JORGE L. CRUZBUSTILLO, in his official capacity as Chair of the 

Florida Elections Commission; WILLIAM H.

HOLLIMON, in his official capacity as Vice Chair 

of the Florida Elections Commission; and ALIA S.

FARAJ-JOHNSON, E. LEON JACOBS, JR., JULIE B.

KANE, GREGORY KING, JOSE LUIS RODRIGUEZ,

THOMAS E. ROSSIN, and BRIAN M. SEYMOUR in 

their official capacities as members of the Florida 

Elections Commission, 

 Defendants. 

 

Civil Action No. 

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 

 

INTRODUCTION 

1. This case is a First Amendment challenge to campaign-finance laws that 

severely burden the rights of ordinary people to band together to speak effectively about 

proposed constitutional amendments in the State of Florida. The Plaintiffs are four 

Florida residents who wish to associate with one another and with others to speak out 

against the passage of proposed Amendment 4 in the upcoming election on November 2, 

2010. 

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2. The U.S. Supreme Court has repeatedly made clear that speech like 

Plaintiffs’ is at the core of what the First Amendment was intended to protect. But under 

Florida law, Plaintiffs can be fined or even jailed if they pool their money to pay for 

political advertisements without first registering with the state and complying with a host 

of burdensome regulations. Florida law even goes so far as to totally ban spending any 

contributions received in the last five days before the election. 

3. This action challenges the provisions of Florida’s campaign-finance laws 

that require groups to form “political committees” and comply with onerous 

administrative, organizational, and reporting requirements in order to speak out about 

political issues. It challenges the various restrictions that make speaking and associating 

more difficult. And it challenges compelled speech in the form of disclaimers on all paid 

communications that advocate the passage or defeat of a ballot issue. Under the First 

Amendment and recent Supreme Court precedent, these unconstitutional restrictions on 

political speech cannot stand. 

JURISDICTION 

4. Plaintiffs bring this civil-rights lawsuit pursuant to the First and 

Fourteenth Amendments to the United States Constitution; the Civil Rights Act of 1871, 

42 U.S.C. § 1983; and the Declaratory Judgments Act, 28 U.S.C. § 2201. Plaintiffs seek 

injunctive and declaratory relief against the enforcement of the State’s campaign-finance 

laws, Fla. Stat. §§ 106.011, et seq.; their implementing rules and regulations; and the 

practices and policies of the Florida Secretary of State and the Florida Elections 

Commission, which facially and as applied burden Plaintiffs’ protected political speech 

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and prevent them from engaging in public discourse about statewide and local political 

matters. 

5. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 

and 1343. 

VENUE 

6. Venue lies in this Court pursuant to 28 U.S.C. § 1391(b). 

PARTIES 

7. Plaintiff Andrew Nathan Worley wishes to associate with his fellow 

plaintiffs and with others in order to speak out more effectively in opposition to proposed 

Amendment 4 to the Florida Constitution and in support of or opposition to other ballot 

issues in the future. He is a resident of North Port, Florida. 

8. Plaintiff Pat Wayman wishes to associate with her fellow plaintiffs and 

with others in order to speak out more effectively in opposition to proposed Amendment 

4 to the Florida Constitution and in support of or opposition to other ballot issues in the 

future. She is a resident of Venice, Florida. 

9. Plaintiff John Scolaro wishes to associate with his fellow plaintiffs and 

with others in order to speak out more effectively in opposition to proposed Amendment 

4 to the Florida Constitution and in support of or opposition to other ballot issues in the 

future. He is a resident of Venice, Florida 

10. Plaintiff Robin Stublen wishes to associate with his fellow plaintiffs and 

with others in order to speak out more effectively in opposition to proposed Amendment 

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4 to the Florida Constitution and in support of or opposition to other ballot issues in the 

future. He is a resident of Punta Gorda, Florida. 

11. Defendant Dawn K. Roberts is the Florida Secretary of State. Pursuant to 

sections 106.22 and 106.23 of the Florida Statutes, the Secretary—through the Division 

of Elections of the Department of State—is responsible for prescribing rules and 

regulations to carry out the provisions of Florida’s campaign-finance laws, which include 

the laws regarding political committees. At all times relevant to this complaint, the 

Secretary was acting under color of state law. Plaintiffs sue the Secretary in her official 

capacity and seek only prospective declaratory and injunctive relief against her. 

12. Defendants Jorge L. Cruz-Bustillo, Alia S. Faraj-Johnson, William H. 

Hollimon, E. Leon Jacobs, Jr., Julie B. Kane, Gregory King, Jose Luis Rodriguez, 

Thomas E. Rossin, and Brian M. Seymour are members of the Florida Elections 

Commission. Pursuant to sections 106.24 and 106.25 of the Florida Statutes, the 

Commission is responsible for enforcing Florida’s campaign-finance laws, including the 

laws regarding political committees. At all times relevant to this complaint, the 

Commissioners were acting under color of state law. Plaintiffs sue the Commissioners in 

their official capacities and seek only prospective declaratory and injunctive relief against 

them. 

STATEMENT OF FACTS 

13. Plaintiffs are four individuals who wish to associate with one another and 

with others for the major purpose of running independent political advertisements—what 

the campaign-finance laws refer to as “independent expenditures”—that expressly 

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advocate the defeat of proposed Amendment 4 to the Florida Constitution in the 

upcoming elections on November 2, 2010. Specifically, they wish to run ads targeted to 

Florida voters, urging them to vote against the passage of Amendment 4. 

14. Amendment 4, if passed, would “[e]stablish[] that before a local 

government may adopt a new comprehensive land use plan, or amend a comprehensive 

land use plan, the proposed plan or amendment shall be subject to vote of the electors of 

the local government by referendum.” Fla. Div. of Elections, Initiative Information, 

http://election.dos.state.fl.us/initiatives/initdetail.asp?account=37681&seqnum=2 (last 

visited September 27, 2010). 

15. Plaintiffs are not affiliated with the sponsors of Amendment 4, and played 

no role in placing Amendment 4 on the ballot. Plaintiffs also played no role in any of the 

legal challenges to Amendment 4’s placement on the ballot. 

16. Plaintiffs have drafted a proposed radio advertisement and received price 

quotes for the cost of broadcasting their ad on a local talk-radio station. The cost of 

running the ad 25 times will be $600. 

17. Plaintiffs are ready, willing, and able to pay for their proposed 

advertisement by pooling their money. If Plaintiffs were able to freely accept 

contributions from other individuals who also wanted to defeat Amendment 4, Plaintiffs 

would increase the size of their advertising purchase to ensure that more voters heard 

their message. 

18. Plaintiffs are all politically active. In addition to running their proposed 

advertisement during this election cycle, they want to be able to freely associate with one 

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another and with others in the future to run similar advertisements expressly advocating 

the passage or defeat of future state constitutional amendments. 

19. In order to run their proposed advertisements or similar advertisements in 

the future, however, Plaintiffs will have to become a regulated political committee and 

undertake all the legal obligations imposed on those organizations. 

20. If Plaintiffs broadcast their proposed advertisement, they will also be 

required to dedicate a portion of their advertisement to a state-mandated disclaimer. 

Plaintiffs want to use the entire 30 seconds of the advertisement for promoting their own 

message. If they are required to include the disclaimer, they will have to cut out a portion 

of their message. 

21. Finally, under Florida law, Plaintiffs will also be subject to limits on their 

ability to spend money for their advertisements close to the election. 

22. Plaintiffs object to these limits on their speech. Plaintiffs have busy lives 

and only a limited amount of time and resources to devote to this effort; they do not want 

to be saddled with burdensome regulations merely for exercising their First Amendment 

rights to speak and associate. Further, all of the Plaintiffs fear punishment for speaking if 

they fail to comply with the campaign-finance laws. Accordingly, as long as these laws 

remain in effect, Plaintiffs will remain silent. 

Florida’s Campaign-Finance Laws

Definitions

23. Florida law defines a “political committee” in relevant part as “[a] 

combination of two or more individuals . . . that, in an aggregate amount in excess of 

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$500 during a single calendar year . . . [either] [a]ccepts contributions for the purpose of 

expressly advocating . . . the passage or defeat of an issue [or] [m]akes expenditures that 

expressly advocate . . . the passage or defeat of an issue.” Fla. Stat. § 106.011(1)(a)1.b.-

1.c. “Political committee” does not include corporations “formed for purposes other than 

to support or oppose issues . . . if their political activities are limited to . . . expenditures 

in support of or opposition to an issue from corporate or business funds and if no 

contributions are received by such corporations or business entities.” Fla. Stat. 

§ 106.011(1)(b)2. 

24. “‘Issue’ means any proposition which is required by the State 

Constitution, by law or resolution of the Legislature, or by the charter, ordinance, or 

resolution of any political subdivision of this state to be submitted to the electors for their 

approval or rejection at an election, or any proposition for which a petition is circulated in 

order to have such proposition placed on the ballot at any election.” Fla. Stat. 

§ 106.011(7). 

25. “Contribution” means, in part, “[a] gift, subscription, conveyance, deposit, 

loan, payment, or distribution of money or anything of value, including contributions in 

kind having an attributable monetary value in any form, made for the purpose of 

influencing the results of an election or making an electioneering communication.” Fla. 

Stat. § 106.011(3)(a). 

26. “Expenditure” is defined, in part, as “a purchase, payment, distribution, 

loan, advance, transfer of funds . . ., or gift of money or anything of value made for the 

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purpose of influencing the results of an election or making an electioneering 

communication.” Fla. Stat. § 106.011(4)(a). 

27. “‘Independent expenditure’ means an expenditure by a person for the 

purpose of expressly advocating . . . the approval or rejection of an issue, which 

expenditure is not controlled by, coordinated with, or made upon consultation with, any 

candidate, political committee, or agent of such candidate or committee.” Fla. Stat. 

§ 106.011(5)(a). 

Political-Committee Regulations

28. Political committees in Florida are subject to numerous burdensome 

regulations. As described in more detail below, before a political committee may speak, it 

must first register with the government and establish a separate bank account. Once it has 

registered, it is then subject to extensive administrative, organizational, and reporting 

requirements. 

29. Under Florida law, “[e]ach political committee that anticipates receiving 

contributions or making expenditures during a calendar year in an aggregate amount 

exceeding $500 . . . shall file a statement of organization . . . within 10 days after its 

organization or, if later, within 10 days after the date on which it has information that 

causes the committee to anticipate that it will receive contributions or make expenditures 

in excess of $500.” Fla. Stat. § 106.03(1)(a). 

30. The statement of organization must include, among other things, the name 

and address of the committee; the names, address, and relationships of all affiliated or 

connected organizations; the area, scope, or jurisdiction of the committee; the identity 

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and address of the custodian of the books and accounts; the identity and address of all 

principal officers; a listing of all depositories; and a statement of all reports required to be 

filed with federal officials. Fla. Stat. § 106.03(2). 

31. The statement of organization also must list the candidates or issues 

supported or opposed. Fla. Stat. § 106.03(2)(f), (g). 

32. The campaign treasurer must keep “detailed accounts, current within not 

more than 2 days after the date of receiving a contribution or making an expenditure.” 

Fla. Stat. § 106.06(1). Contributions must be deposited within five business days. Fla. 

Stat. § 106.05. 

33. With limited exceptions, all expenditures by political committees must be 

made by check drawn against the committee’s designated depository. Fla. Stat. 

§ 106.11(1)(a). This account must be “separate from any personal or other account” and 

may be used “only for the purpose of depositing contributions and making expenditures 

for the candidate or political committee.” Id.

34. Once registered as a political committee, a group must file regular reports 

of all contributions received and expenditures made. Reports shall be filed on the 10th day 

following the end of each calendar quarter. Reports shall also be filed on the 32nd, 18th, 

and 4th days immediately preceding the primary election and on the 46th, 32nd, 18th, and 

4th days immediately preceding the general election. If there are no candidates and only 

issues on the ballot, reports shall be filed on the 18th and 4th days prior to the election. 

Fla. Stat. § 106.07(1). 

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35. The required reports must include the full name and address of each 

person who has made a contribution to the committee, regardless of how small. Fla. Stat. 

§ 106.07(4)(a)1. For contributions of more than $100, the report must also include the 

contributor’s occupation or principal type of business. Id.

36. Political committees that file late reports are subject to a fine of $50 per 

day for the first three days late; thereafter $500 per day, not to exceed 25% of either total 

receipts or expenditures, whichever is greater, for the period covered by the late report. 

For late reports immediately preceding the primary or general election, the committee is 

subject to a fine of $500 per day for each day late, not to exceed 25% of either total 

receipts or expenditures, whichever is greater, for the period covered by the late report. 

Fla. Stat. § 106.07(8)(b). 

37. The treasurer of a political committee must maintain all of the 

committee’s financial records for at least two years following the passage of the election 

to which those financial records pertain. Fla. Stat. § 106.06(3). 

38. If a political committee fails to report a contribution or makes a prohibited 

expenditure, it is subject to a civil penalty equal to three times the amount involved in the 

illegal act. Fla. Stat. § 106.19(1)(b), (2). 

39. Upon information and belief, all reports filed with the Secretary are 

considered public records and information from filed reports is made available on the 

Secretary’s website. See Fla. Stat. § 106.0706. 

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Funding and Expenditure Restrictions

40. Political committees may not accept cash contributions over $50. Fla. Stat. 

§ 106.09(1). Any person who makes or accepts a cash contribution in excess of $50 

commits a first-degree misdemeanor. Fla. Stat. § 106.09(2)(a). Knowingly and willfully 

making or accepting a cash contribution in excess of $5,000 is a third-degree felony. Fla. 

Stat. § 106.09(2)(b). 

41. Political committees are also subject to an outright prohibition on 

spending contributions received in the last five days preceding the election. Penalties for 

knowingly and willfully violating this provision are equal to twice the amount 

contributed in violation. Fla. Stat. § 106.08(4), (8). 

Disclaimer Requirements 

42. Any “political advertisement” paid for by an independent expenditure—

whether by an individual or a group—must prominently state: “Paid political 

advertisement paid for by (Name and address of person paying for communication) 

independently of any (candidate or committee).” Fla. Stat. § 106.071(2). The Florida 

Elections Commission is authorized to impose a fine of up to $1,000 for any violation of 

this section. Fla. Stat. § 106.265(1); see also Fla. Admin. Code 2B-1.003(2)(d) (limiting 

fine to $250 for minor violations of the disclaimer requirement). Failure to include this 

statement is also a first-degree misdemeanor. Fla. Stat. § 106.071(4). 

43. “Political advertisement” means “a paid expression in any 

communications media” including, specifically, “radio, television, newspaper, magazine, 

periodical, campaign literature, direct mail, or display or by means other than the spoken 

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word in direct conversation, which expressly advocates the election or defeat of a 

candidate or the approval or rejection of an issue.” Fla. Stat. § 106.011(17). 

Enforcement Provisions 

44. The Division of Elections is required to conduct random audits with 

respect to the reports and statements filed under this chapter and to report to the Florida 

Elections Commission any failures to file a report or the information required. Fla. Stat. 

§ 106.22(10), (7). 

45. Florida law allows any person to file a sworn complaint with the Florida 

Elections Commission based upon personal information or information other than 

hearsay regarding a potential violation of the campaign-finance laws. Fla. Stat. 

§ 106.25(2). Actions for violations of this chapter must be commenced before two years 

have elapsed from the date of the violation. Fla. Stat. § 106.28. 

46. The Florida Elections Commission shall “consider all sworn complaints 

filed with it and all matters reported to it by the Division of Elections.” Fla. Stat. 

§ 106.26(1). The Commission has the authority to issue subpoenas and conduct a hearing. 

Fla. Stat. § 106.26(1). At the conclusion of the hearing, “the commission shall 

immediately begin deliberations on the evidence presented at such hearings and shall 

proceed to determine by affirmative vote of a majority of the members present whether a 

violation of this chapter or chapter 104 [the Election Code] occurred.” Fla. Stat. 

§ 106.26(11). 

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47. Upon the finding of a violation, the Commission is authorized to impose a 

civil penalty not to exceed $1,000 per count, unless a different penalty is specified. Fla. 

Stat. § 106.265(1). 

48. Criminal actions may also be brought in the appropriate court of 

competent jurisdiction for many violations. Fla. Stat. § 106.27(1). 

Injury to Plaintiffs

49. Plaintiffs have a First Amendment right to expressly advocate the defeat 

of proposed Amendment 4 to the Florida Constitution in the upcoming November 

election. 

50. To engage in such discussion as fully and effectively as possible, Plaintiffs 

must be permitted to exercise their First Amendment rights to speak out and to associate 

with others. 

51. Florida’s campaign-finance laws contained in Fla. Stat. §§ 106.011 et seq., 

as well as the actions of the Secretary in implementing and interpreting those provisions 

and the Commission in enforcing those provisions, substantially burden and chill 

Plaintiffs’ and others’ rights to free speech and association under the First and Fourteenth 

Amendments to the United States Constitution. 

52. Florida requires informal groups like Plaintiffs’ that expressly advocate 

the passage or defeat of ballot issues to register as political committees and to comply 

with administrative, organizational, and reporting requirements of the type the Supreme 

Court recently found “burdensome” and “expensive to administer.” See Citizens United, 

130 S. Ct. 876, 897 (2010). Thus, Florida’s campaign-finance laws impose onerous and 

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time-consuming regulations as a condition of speaking and associating about ballot 

issues. 

53. In order to speak and associate about Amendment 4, Plaintiffs must first 

register as a political committee and comply with the registration, reporting, and 

disclosure requirements that apply to political committees. 

54. Under Supreme Court precedent, Plaintiffs have an absolute right to make 

independent political expenditures. But, as a political committee, Plaintiffs will have to 

establish a separate bank account and order checks for that account before they are 

permitted to speak. Plaintiffs are prohibited from handling payments on behalf of the 

group—or repayments to group members—on an informal basis using their personal 

checking accounts. 

55. As a political committee, Plaintiffs are also prohibited from accepting cash 

contributions over $50. This means that if one of their fellow political activists heard 

about Plaintiffs’ effort and wanted to make an immediate cash contribution of $100, 

Plaintiffs would be forbidden from accepting that money, even though they would accept 

that money if it were legal to do so. 

56. Because political committees are absolutely barred from spending any 

money raised during the last five days before the election until after the election has 

passed, Plaintiffs are prohibited from spending money during the most crucial time in the 

election: immediately before the vote. 

57. Due to Florida’s disclaimer requirement, Plaintiffs must devote at least six 

seconds of their advertisement (20% of their advertising time) to speech that is not their 

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own. This deprives Plaintiffs of precious time to communicate their message. Plaintiffs 

want to devote the entire 30 seconds of their advertisement to urging voters to oppose 

Amendment 4. 

58. Further, by requiring Plaintiffs to identify themselves in the text of their 

advertisement, Florida’s disclaimer requirement forces Plaintiffs to choose between their 

privacy and their rights to free speech and association. 

59. As a political committee, Plaintiffs will also have to make detailed and 

burdensome disclosures of their expenditures. For example, if Plaintiffs go forward with 

their radio ads and then later decide to wave handmade signs on election day urging the 

defeat of Amendment 4, they will be forced to record and report the cost of posterboard, 

markers, and fuel for driving to pick up these supplies. 

60. As a political committee, Plaintiffs will also be compelled to collect and 

disclose information about their contributors, including the full name, address, and 

amount of each contribution, plus the occupation or principal type of business for those 

who contribute over $100. This requirement makes it impossible for Plaintiffs accept 

contributions informally or to “pass the hat” for donations to fund more radio ads, which 

Plaintiffs would do if it were legal. 

61. By requiring political committees to report to the Secretary of State the 

identities and addresses of anyone who contributes any amount of money to the political 

committee, and occupation (or principal business) of anyone who contributes $100 or 

more, the disclosure requirements for political committees require Plaintiffs—and those 

who may wish to contribute to their efforts—to choose between their privacy and their 

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rights to free speech and association. Plaintiffs are also concerned that some people who 

may want to contribute to their effort would not do so if it meant their name and address 

would be disclosed on the Internet. 

62. The registration, reporting, and disclosure requirements are complicated 

and take time and effort to comply with. Plaintiffs and many others who wish to speak or 

associate about ballot issues are not experienced campaign organizers or politicians. For 

such individuals, complying with the registration, reporting, and disclosure provisions for 

political committees is difficult and time consuming, and the threat of having a 

complaint—or even criminal charges—filed against them for failing to comply properly 

with any of these requirements makes mistakes very expensive. 

63. While Plaintiffs want to speak and associate about ballot issues in the 

future, the burden and cost of complying with these requirements are making them—and 

will continue to make them—avoid doing so. 

64. Plaintiffs want to speak and associate about ballot issues now and in the 

future without fear or threat of being prosecuted or investigated for violating the 

campaign-finance laws. 

65. In sum, and as described above, Florida’s campaign-finance laws create a 

significant chilling effect that has prevented—and continues to prevent—the Plaintiffs 

and other similarly situated groups from exercising their constitutional rights of free 

speech and association. 

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CONSTITUTIONAL VIOLATIONS 

First Claim for Relief

 (First Amendment—Prior Restraint) 

66. Plaintiffs incorporate and reallege the allegations in ¶¶ 1-65 of this 

complaint as though set forth in this section. 

67. Chapter 106 of the Florida Statutes, and the rules and regulations 

promulgated thereunder, require groups that anticipate receiving or spending more than 

$500 for the purpose of expressly advocating the passage or defeat of a ballot issue to 

register with the state within 10 days of formation or, if later, within 10 days of receiving 

information that causes the committee to anticipate that it will receive contributions or 

make expenditures in excess of $500. Fla. Stat. § 106.03(1)(a). 

68. Plaintiffs wish to make independent expenditures to communicate with 

their fellow citizens, but fear that if they choose to speak without first registering, they 

will be subject to either civil or criminal sanctions. 

69. Due to the language of chapter 106 and its interpretation by the Secretary 

of State, Plaintiffs believe that prosecution would be likely should they choose to speak 

without registering beforehand with the state. 

70. This registration requirement serves as a content-based prior restraint on 

political speech, requiring government registration before allowing groups or individuals 

to speak. 

71. Both on their face and as applied to Plaintiffs, the requirement that groups 

must first register with the state before making independent expenditures 

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unconstitutionally burdens and chill rights to free speech in violation of the First and 

Fourteenth Amendments to the United States Constitution. 

72. As a direct and proximate result of the registration requirement, Plaintiffs 

and others similarly situated have suffered and will continue to suffer irreparable harm to 

their constitutional rights. Plaintiffs have no adequate legal, administrative, or other 

remedy by which to prevent or minimize this harm. Unless Defendants are enjoined from 

implementing and enforcing the political-committee provisions of §§ 106.011 et seq., 

Plaintiffs and others similarly situated will continue to suffer great and irreparable harm. 

Second Claim for Relief

(First Amendment—Burdening Protected Speech: 

Registration, Reporting, and Disclosure) 

73. Plaintiffs incorporate and reallege the allegations in ¶¶ 1-65 of this 

complaint as though set forth in this section. 

74. Chapter 106 of the Florida Statutes, and the rules and regulations 

promulgated thereunder, impose onerous registration, reporting, and disclosure 

requirements on groups that make independent expenditures. 

75. The registration, reporting, and disclosure requirements for political 

committees impose substantial compliance costs for groups that merely advocate the 

passage or defeat of a ballot issue. These costs are excessive in relation to any purported 

state interest. 

76. Both on their face and as applied to Plaintiffs, the registration, reporting, 

and disclosure requirements for political committees unconstitutionally burden and chill 

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rights to free speech and association in violation of the First and Fourteenth Amendments 

to the United States Constitution. 

77. As a direct and proximate result of the registration, reporting, and 

disclosure requirements for political committees, Plaintiffs and others similarly situated 

have suffered and will continue to suffer irreparable harm to their constitutional rights. 

Plaintiffs have no adequate legal, administrative, or other remedy by which to prevent or 

minimize this harm. Unless Defendants are enjoined from implementing and enforcing 

the political-committee provisions of §§ 106.011 et seq., Plaintiffs and others similarly 

situated will continue to suffer great and irreparable harm. 

Third Claim for Relief

(First Amendment—Burdening Protected Speech: 

Funding and Expenditure Restrictions) 

78. Plaintiffs incorporate and reallege the allegations in ¶¶ 1-65 of this 

complaint as though set forth in this section. 

79. Political committees are prohibited from obligating or spending 

contributions received within five days of the election. Penalties for knowingly and 

willfully violating this provision are equal to twice the amount contributed in violation. 

Fla. Stat. § 106.08(4), (8). 

80. Political committees are also prohibited from accepting cash contributions 

over $50. Fla. Stat. § 106.09. 

81. Both on their face and as applied to Plaintiffs, the restrictions on when, 

how, and from whom political committees may accept contributions or make 

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expenditures unconstitutionally burden and chill rights to free speech and association in 

violation of the First and Fourteenth Amendments to the United States Constitution. 

82. As a direct and proximate result of the restrictions on when, how, and 

from whom political committees may accept contributions or make expenditures, 

Plaintiffs and others similarly situated have suffered and will continue to suffer 

irreparable harm to their constitutional rights. Plaintiffs have no adequate legal, 

administrative, or other remedy by which to prevent or minimize this harm. Unless 

Defendants are enjoined from implementing and enforcing the political-committee 

provisions of §§ 106.011 et seq., Plaintiffs and others similarly situated will continue to 

suffer great and irreparable harm. 

Fourth Claim for Relief

(First Amendment—Compelled & Anonymous Speech: Disclaimers)

83. Plaintiffs incorporate and reallege the allegations in ¶¶ 1-65 of this 

complaint as though set forth in this section. 

84. All independent expenditures—whether paid for by an individual or a 

group—are also required to prominently state: “Paid political advertisement paid for by 

(Name and address of person paying for communication) independently of any (candidate 

or committee).” Fla. Stat. § 106.071(2). The Florida Elections Commission is authorized 

to impose a fine of up to $1,000 for any violation. Fla. Stat. § 106.265(1); see also Fla. 

Admin. Code 2B-1.003(2)(d) (limiting fine to $250 for minor violations of the disclaimer 

requirement). In addition, failure to include this statement is a first-degree misdemeanor. 

Fla. Stat. § 106.071(4). 

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85. Both on its face and as applied to Plaintiffs, the disclaimer requirement for 

independent expenditures compels speech in violation of the First and Fourteenth 

Amendments to the Constitution of the United States by requiring Plaintiffs and others 

similarly situated to identify themselves on the face of their advertisements. By doing so, 

the disclaimer requirement necessarily reduces the amount of time during Plaintiffs’ 

advertisement that can be devoted to Plaintiffs’ political message. 

86. Both on its face and as applied to Plaintiffs, the disclaimer requirement for 

independent expenditures burdens and chills rights to anonymous speech and association 

under the First and Fourteenth Amendments to the Constitution of the United States by 

requiring Plaintiffs and others similarly situated to disclose their identities and their 

personal information as a condition of speaking and associating with others. 

87. As a direct and proximate result of §§ 106.011 et seq., Plaintiffs and others 

similarly situated have suffered and will continue to suffer irreparable harm to their 

constitutional rights. Plaintiffs have no adequate legal, administrative, or other remedy by 

which to prevent or minimize this harm. Unless Defendant is enjoined from 

implementing and enforcing the political-committee provisions of §§ 106.011 et seq., 

Plaintiffs and others similarly situated will continue to suffer great and irreparable harm. 

Fifth Claim for Relief

(First Amendment—Anonymous Speech: Reporting Requirement)

88. Plaintiffs incorporate and reallege the allegations in ¶¶ 1-65 of this 

complaint as though set forth in this section. 

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89. Under §§ 106.011 et seq. and the rules and regulations promulgated 

thereunder, political committees must disclose all contributions they receive, including 

the full name, address, and occupation of each person who has made one or more 

contributions within the reporting period, together with the amount and date of the 

contribution. For contributions of $100 or less, the occupation or principal type of 

business need not be listed. Fla. Stat. § 106.07(4)(a)1. 

90. Upon information and belief, all reports filed with the Secretary are 

considered public records and the contents of those reports are made available on the 

Secretary’s website. 

91. Both on their face and as applied to Plaintiffs, the disclosure requirements 

for political committees burden and chill rights to anonymous speech and association 

under the First and Fourteenth Amendments to the Constitution of the United States by 

requiring Plaintiffs and others similarly situated to disclose their identities and their 

personal information as a condition of speaking and associating with others. 

92. As a direct and proximate result of §§ 106.011 et seq., Plaintiffs and others 

similarly situated have suffered and will continue to suffer irreparable harm to their 

constitutional rights. Plaintiffs have no adequate legal, administrative, or other remedy by 

which to prevent or minimize this harm. Unless Defendant is enjoined from 

implementing and enforcing the political-committee provisions of §§ 106.011 et seq., 

Plaintiffs and others similarly situated will continue to suffer great and irreparable harm. 

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Sixth Claim for Relief

(Fourteenth Amendment—Equal Protection) 

93. Plaintiffs incorporate and reallege the allegations in ¶¶ 1-65 of this 

complaint as though set forth in this section. 

94. While Plaintiffs will be required to register and report as a political 

committee if they receive or spend more than $500 on their political speech, other 

associations of individuals, most notably business corporations, are not required to do so. 

Fla. Stat. § 106.011(1)(b)2. 

95. Both on their face and as applied to Plaintiffs, the laws that apply to 

political committees violate the Equal Protection Clause of the Fourteenth Amendment to 

the Constitution of the United States by subjecting Plaintiffs and others similarly situated 

to burdensome regulations while exempting groups of individuals engaged in similar 

speech from those regulations. 

96. As a direct and proximate result of §§ 106.011 et seq., Plaintiffs and others 

similarly situated have suffered and will continue to suffer irreparable harm to their 

constitutional rights. Plaintiffs have no adequate legal, administrative, or other remedy by 

which to prevent or minimize this harm. Unless Defendant is enjoined from 

implementing and enforcing the electioneering communications provisions of §§ 106.011 

et seq., Plaintiffs and others similarly situated will continue to suffer great and irreparable 

harm.

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REQUEST FOR RELIEF 

WHEREFORE, Plaintiffs respectfully request relief as follows: 

1. For entry of judgment declaring that Florida Statute §§ 106.011, et seq., 

and the rules and regulations promulgated thereunder are unconstitutional on their face 

and as applied to the extent that they: impose registration, reporting, and disclosure 

obligations for groups that independently advocate the passage or defeat of ballot issues; 

constitute a prior restraint of political speech; impose funding or expenditure restrictions 

on when, how, and from whom contributions can be accepted or used; impose disclaimer 

requirements on those who publish and distribute communications urging the passage or 

defeat of ballot issues; and impose differential burdens on similarly situated speakers. 

2. For entry of preliminary and permanent injunctions against the Defendants 

prohibiting the enforcement of these regulations, laws, rules, and policies; 

3. For an award of attorneys’ fees, costs, and expenses in this action pursuant 

to 42 U.S.C. § 1988; and 

4. For such further legal and equitable relief as the Court may deem just and 

proper. 

Dated: September 28, 2010. 

Respectfully submitted, 

 INSTITUTE FOR JUSTICE

 By: /s/ Paul M. Sherman 

William H. Mellor (DC Bar No. 462072) 

Paul M. Sherman (DC Bar No. 978663) 

Robert W. Gall (DC Bar No. 482476) 

901 North Glebe Road, Suite 900 

 Arlington, VA 22203-1854 

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 Tel: (703) 682-9320 

 Fax: (703) 682-9321 

Email: wmellor@ij.org, psherman@ij.org, 

bgall@ij.org 

Attorneys for Plaintiffs 

RUMBERGER, KIRK & CALDWELL, P.A.

Darren A. Schwartz (Bar No. 0853747)

215 South Monroe Street, Suite 130 

Tallahassee, FL 32301 

Tel: (850) 222-6550

Fax: (850) 222-8783

Email: dschwartz@rumberger.com

 Local Counsel for Plaintiffs 

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