Chapter 106 Campaign Financing
Ch. 106 CAMPAIGN FINANCING F.S. 2008
and, in the case of a candidate, such fine shall be paid
only from personal funds of the candidate. The fine
shall be assessed by the filing officer and the moneys
collected shall be deposited:
1. In the General Revenue Fund, in the case of a
candidate for state office or a political committee that
registers with the Division of Elections; or
2. In the general revenue fund of the political sub-
division, in the case of a candidate for an office of a
political subdivision or a political committee that regis-
ters with an officer of a political subdivision.
No separate fine shall be as,~essed for failure to file a
copy of any report required by this section.
(b) Upon determining that a report is late, the filing
officer shall immediately notify the candidate or chair of
the political committee as to the failure to file a report by
~` the designated due date and that a fine is being
assessed for each late day. The fine shall be $50 per
day for the first 3 days late and, thereafter, $500 per
day for each late day, not to exceed 25 percent of the
total receipts or expenditures, whichever is greater, for
the period covered by the late report. However, for the
reports immediate) recedin each nma an H-
era a ection, the fine shall be $500 per da for each late
3_ay, no oT percen of a total receipts or
expen I res, w Ic ever Is grea er, or a penocTcov-
ered by the late report. For reports required under s.
106.141(7), the fine is $50 per day for each late day, not
to exceed 25 percent of the total receipts or expendi-
tures, whichever is greater, for the period covered by
the late report. Upon receipt of the report, the filing offi-
cershall determm_e'~fi"e`~m'ot3fffbfittre-fine w I-Ti c iTi 's cJ-ue
and shall noti~ t_he candi ate or char. a filing officer
shall determine the amount oft a fine due based upon
the earliest of the following:
1. When the report is actually received by such
officer.
2. When the report is postmarked.
3. When the certificate of mailing is dated.
4. When the receipt from an established courier
company is dated.
5. When the electronic receipt issued pursuant to
s. 106.0705 or other electronic filing system authorized
in this section is dated.
Such fine shall be paid to the filing officer within 20 days
after receipt of the notice of payment due, unless
appeal is made to the Florida Elections Commission
pursuant to paragraph (c). In the case of a candidate,
such fine shall not be an allowable cam ai n ex endi-
ture and shall be paid only rom personal funds of the
determining the amount of a fine, if any, to be waived.
Any such request shall be made within 20 days after
receipt of the notice of payment due. In such case, the
candidate or chair of the political committee shall,
within the 20-day period, notify the filing officer in writ-
ing of his or her intention to bring the matter before the
commission.
(d) The appropriate filing officer shall notify the
Florida Elections Commission of the repeated late filing
by a candidate or political committee, the failure of a
candidate or political committee to file a report after
notice, or the failure to pay the fine imp6sed. The com-
mission shall investigate only those alleged late filing
violations specifically identified by the filing officer and
as set forth in the notification. Any other alleged viola-
tions must be separately stated and reported by the
division to the commission under s. 106.25(2).
(9) The Department of State may prescribe by rule
the requirements for filing campaign treasurers' reports
as set forth in this chapter.
History.-s. 7, ch. 73-128; ss. 5, 15, 17, ch. 74-200; ss. 1, 2, ch. 75-8; s. 2, ch.
75-139; s. 1, ch. 77-174; s. 46, ch. 77-175; s. 23, ch. 79-164; ss. 7, B, ch. 79-365;
s. 4, ch. 79-378; s. SB, ch. 79-400; s. 52, ch. 81-259; s. 27, ch. 81-304; s. 2, ch.
82-143; s. 11, ch. 83-251; s. 37, ch. 64-302; s. 6, ch. 65-226; s. 1, ch. 86-134; s.
13, ch. 87-224; s. 9, ch. 89-256; s. 31, ch. 90-315; s. 2, ch. 90-338; s. 18, ch.
90-502; s. 7, ch. 91-107; s. 2, ch. 95-140; 5. 640, ch. 95-147; s. 15, ch. 95-280; s.
7, ch. 97-13; s. 6, ch. 2001-75; s. 29, ch. 2002-17; s. 2, ch. 2002-197; s. 8, ch.
2003-1; ss. 17, 18, ch. 2004.252; s. 24, ch. 2005-286; ss. 5, 10, ch. 2006-300; s.
29, ch. 2008-95.
Note.-The trust fund expired, effective November 4, 1996, by operation of s.
19(f), Art. III of the State Constitution.
106.0701 Solicitation of contributions on behalf of
s. 527 or s. 501(c)(4) organizations; reporting require-
ments; civil penalty; exemption.-
(1) The Governor, Lieutenant Govemor, members
of the Cabinet, state legislators, or candidates for such
offices who directly or indirectly solicit, cause to be
solicited, or accept any contribution on behalf of an
organization that is exempt from taxation under s. 527
or s. 501(c)(4) of the Internal Revenue Code, which
such individuals, in whole or in part, establish, maintain,
or control, shall file a statement with the division within
5 days after commencing such activity on behalf of the
organization. The statement shall contain the following
information:
(a) The name of the person acting on behalf of the
organization.
(b) The name and type of the organization.
(c) A description of the relationship between the
person and the organization.
(2) Failure to timely file the statement shall subject
the person to a civil penalty of $50 per day for each late
day, payable from the personal funds of the violator.
(3) Upon filing a statement with the division, an indi-
vidual subject to the requirements of subsection (1)