Chapter 106 Florida Statutes August 2005
~
1t
Chapter
10.6
Florida Statutes
August 2005
FLORIDA DEPARTMENT OF STATE
DlvJsion of Elections
Room 316, R.A. Gray BuildJng
500 S. BroDOUglt Street
TaOahassee, Florida 32399-0250
. (850) 245-6200
.
F.S. 2005
106.011
106.021
106.022.
106.023
106.025
106.03
106.04
106.05
106.055
106.06
106.07
106.0705
106.0706
106.071
106.075
106.08
106.082
106.087
106.09
106.11
106.12
106.125
106.14
106.1405
106.141
106.143
106.1435
106.1437
106.1439
106.147
106.1475
106.15
106.16
106.161
106.165
106.17
106.18
CAMPAIGN FINANCING
Ch. 106
CHAPTER 106
CAMPAIGN FINANCING
Definitions.
Campaign treasurers; deputies; primary
and secondary depositorieS.
Appointment of a raglstered agent; duties.
Statement of candidate.
Campaign fund raisers.
Registration of political commltt~.
Committees of con6nuous existence.
DepoSIt of contributions; statement of cam-
paign treasurer.
Valuation of In-kind contributions.
Treasurer to keep records; Inspections.
Reports; certlfica.tlon and filing.
Electronic filing of campaign treasurer's
reports.
Electronic filing of campaign finance
reports; confidentiallly of Infonnation and
draft reports.
Independent expenc:fltUres; electioneering
communications; reports; cIlsclalmers.
Sected officials; report of loans made In
year preceding election; limitation on
contriJutlons to pay loans.
ContrIbutions; limitations on.
Commissioner of Agriculture candidates;
campaign conb1butlon limits.
Independent expenditures; contribution
limits: restrictions on political parties,
poBtlcaI committees, and committees of
continuous existence.
Cash contributions and contribution !Jy
cuhler"s ohecks.
Expenses of and expenc:I/tLns by candl-
cIale8 and poiltlcai committees.
Petty cash fI.I'lds allowed.
CNdIt cards; condIUons on use.
UtIlities; ~iI8; prior authorization.
Use of campaign funds.
DIsposition of surplus funds by candidates.
Political advertisements circulated prior to
election; requirements.
Usage and removal of political campaign
advertisements.
Miscellaneous advertisements.
Electioneering communications; disclaim-
ers.
Telephone Solicitation; disclosure require-
ments; prohibitions; exemptions; penal-
ties.
Telephone solicitation: registered agent
requirements: penalty.
Certain acts prohibited.
Umltation on certain rates and charges.
AIr time available at the lowest unit rate.
Use of closed captioning and descriptive
narrative In all television broadcasts.
Polls and surveys relating to candidacies.
When a candidate's name to be omitted
from baUol
106.19 Violations by candidates, persons con-
nected with campaigns, and political
committees.
106.191 Signatures gathered for Initiative petition;
effect of ch. 97-13.
106.21. Certificates of election not to be Issued
upon conviction. .
106.22 Duties of the Division of Bections.
106.23 Powers of the DIvIsion of Sections.
106.24 Florida Elections Commission: member-
ship; powers; duties.
106.25 Reports of alleged violations to Florida
Elections Commission; disposition of
findings.
106.26 Powers of commission; rights and respon-
sibilities of parties: findings by commis-
sion.
106.265 Civil penalties.
106.27 Determinations by commission; legal dis-
position.
106.28 Limitation of actions.
.106.29 Reports by political parties; restrictions on
contributions and expenditures: penal-
ties.
Leadership fund.
Short title.
Legfslatlve Intent
.E1ect1on Campaign Financing Trust Fund.
E1ecUon campaign financing; eDgibility.
Expenditure limits.
DlstrtbiJtion of funds.
Candidates voluntarily abiding by election
campaign financing limits. but not
requesting public funds; Irrevocable
statement required; penalty.
106.355 Nonparticipating candidate exceeding lim-
Its.
106.36 Penalties; fines.
106.37 WlIIf!,JI violations.
108.011 Deftnltlons.-As used In this chapter, the
foDowlng telTtls have the following meanings unless the
context clearly Indicates otherwise:
(1 lea) "PoUtlcal committee" means:
1. A combination of two or more Individuals, or a
person other than an individual, that, in an aggregate
amount In excess of $500 during a single calendar
year: .
a. Accepts contributions for the purpose of making
contributions to any candidate, politIcaJ committee,
committee of continuous existence, or politlcal party:
b. Accepts contributions for the purpose of
expressly advocating the eJection or defeat of a candi-
date or the passage or defeat of an issue:
c. Makes expenditures that expressly advocate
the election or defeat of a candidate or the passage or
defeat of an issue; or
d. Makes contributions to a common fund, other
than a joint checking account between spouses, from
1
106.295
106.30
106.31
106.32
106.33
106.34-
106.35
106.353
.
~
Ch. 106 .
CAMPAIGN FINANCING
FA 2006
which contI1but1ons are made to any candidate, political
committee, committee of continuous existence, or polit-
Ical party; .
2. The sj:)onsor of a proposed constitutional
amendment by Initiative who intends to seek the signa-
tures of registered electors.
(b) Notwithstanding paragraph (a),. the following
entitles are not considered poItlcal committees for pur-
poses of this chapter: .
1. Organizations which are certified by the Depart-
ment of State as committees of continuous existence
pursuant tos. 106.04, national political parties. and the
state and county eXecutIve committees of political par-
ties raguiated by chapter 103.
2. Corporations regulated by chapter 607 or chap-
ter 617 or other business entitles formed for purposes
other than to support or oppose issues or candid8tes.
if their political activities are limited to contributions to
candidates, political parties, or political committees or
expenditures In support of or opposition to an issue
from corporate or business funds and if no contribu-
tions are received by such corporations or business
~es. .
3. Organizations whose activities are limited to
making expenditures for electioneering communica-
tions or accepting contributions for the purpose of niak-
ing electioneering communications: however, such
organizations shall be required to register and report
contributions, Including U\OS& received from commit-
tees of continuous existence, and expenditures In the
same manner, at the same time, subject to the same
penalties, and with the same flUng officer as a political
committee supporting or opposing a candidate or IssUe
contained In the electioneering communication. If any .
such organIzaIion would be requiAld to register and
report WIth more than one filing officer, the organization
shaD raglster and report solely with the DIvIsion of Elec-
~. .
(2) "Committee of continuous existence- means
any. group, organization, asso.c:iation, or other suctt
entity which Is certified pursuant to the provisions of s.
106.04;
(3) "Contribution" means:
(a) -A gift, subea1ption, conveyance, deposit. loan,
payment, or distribution of money or anything of value,
Including contributions In kind having an attributable
monetary value .In any fonn, made for the purpose of
influencing the results of an election or making an elec-
tioneering commlA"llcatlon. . .
(b) A transfer of.funds between polltical commit-
tees, between committees of continuous existence, or
between a political committee and a committee of c0n-
tinuous existence.
(c) The payment, by any person other than a candi-
date or political committee, of compensatl9n for the
personal services of another person which are ren-
dered to a candidate or political committee without
charge to the candkiate or committee for such services.
(d) The transfer of funds by a campaign treasurer
or deputy campaign treasurer between a primary
depository and a separate interest-bearing account or
certificate of deposit, and the term Includes any Interest
earned on such account or certificate.
Nolwlthstandlng the foregoing meanings of "contrlJu-
lIon,- the word shall not be construed to include ser-
vices, Including, but not IimitEid to, legal and accounting
services, provided without compensation by IndMduals
volunteering a portion or all of their time on behalf of a
candidate or political .~mlttee. ThIs definition shall
not be construed to include editorial endorsements.
(4)(a) MExpendIture- means a purchase. payment, .
distribution, loan, advance, transfer of funds by a cam-
paign treasurer or depUty campaign treasurer between
a primary depository and a sepanlte Interest-bearlng
account or certificate of deposit, or gift of money or any-
thing of value made for the purpose of influencing the
reslMs of an election or making an electioneering com-
munication. However, -expendlture- does not include a
purchase, payment, distribution, loan, advance, or gift
of money or anything of value made for the purpose of
influencing the results of an election when made by an
organization, In existenc& prior to the time during which
a candidate qualifies or an Issue Is pIacecI on the ballot
forthat eIectlon, for the purpose of printing or distribut-
Ing such organization's nswsletter, containing a state-
ment by such organization in support of or opposition to
a candidate or Issue, which newsletter is distributed
only to members of such organization.
(b) As used In this chapter, an -~encflture" for an
electioneering communication Is made when the earli-
est of the following occurs: . .
1. A person executes a contract fQf' applicable
goods or services:
2. A person makes payment, in whole or in part,
for applicable goods or services; or
3. The electioneering communication Is publicly
disseminated. .
(5)(a) Mlndependent expenditure- means an
expenditure by a person for the purpose of expressly
advocating the election or defeat of a candidate or the
approval or rejection of an Issue, which expenditure Is
not controlled by, coordinat8d with, or made upon con-
sultation with, any candidate, political committee, or
agent of such candidflte or committee. An expenditure
for such purpose by a person having a contract with the
cancldate, political committee, or agent of such candi-
date or committee In a given election period shall not be
deemed an independent expencfdUre.
(b) An expenditure for the purpose of expressly
advocating the eleclion or defeat of a candidal:e which
Is made by the national, state, or county executive com-
mittee of a poJItIcaI pSrly, Including any suboldlnate
committee of a national, state, or county committee of
a political party, or by any. poiltlcai committee or com-
mittee of continuous existence, or any other person,
shall not be considered an independent expenditure if
the committee .or person:
1. Communicates with the candidate, the candl-
date'scampelgn, or an agemofthe candidate acting on
behalf of the candidate, Including any poDster, media
consultant, advertlslt:IQ agency, vendor, advisor, or staff
member, concerning tI)e preparation of, use of, or pay-
ment for, the .speclflc expenditure or advertising cam-
paign at issue: or. .
2. Makes a payment in cooperation. consultation,
or concert with, at the request or suggestion of, or pur-
2
..
FA 2005
CAMPAIGN FINANCING
Ch. 106
suant to any. general or parlicular understanding with trust, syndicate, or other combination of IndMduals
the candidate, the candidate's campaign, a political having collective capacity. The tenn Includes a political
committee $tJPPOI1Ing the candidate, or an agent of the party, political committee, or commltlee of continuous
candidate relating to the specific expenditure or adver- exi(:)~ampalgn treasure'" means an lndlvldual
1I81ng campaign at Issue; or ~_..l
3. . Makes a payment for the dissemination. dlstrl- appointed by a I.ilIIlUldate or po6tIcaJ committee as pro-
. hol I n...+ f vfded In this chapter. - .
bution, or republication, In w e or n -- Of 0 any (10) .Publlc otrIce" means any state, county, munlcl-
broadcast or anY written, graphic, or other form of earn- pal, or school or other district office or position which Is
paign material prepared by the candidate. .the candl- filled by vote of the electors.
date's campaign, or an agent of the candidate, Includ- (11) "Campaign fund raiser" means any affair held to
109 any pollster. media consultant, advertising agency, raise fUnds to be used in a campaign for public office.
vendor,. advisor, or staff member; or (12) -Division- means the Division of Sections of the
4. Makes a payment based on Inform~n about
the candidate's plans, projects, or needs communi- or-c:,:.=ons media" means broadcasting .
cated to a member of the committee or person by the stations, newsp~, magazines, outdoor advertising
candiclate or an agent of the canclldate, provided the facllit1e8 r1- direct ill I adv8J1l&.
committee or person uses the infonnation in any way,. ' p ......... m81 ng compan es,
In whole or In part, either directly or indirectly, to design. := ~~I=::n~ in~:~n:::
prepare, or pay for the specific expenditure or advertis- deemed to be an expenditure for the use of communI-
i09 campaign at Issue: or . cations media only it made for the costs of telephones,
5. After the. last day of ql,l8flfying for s1atewIcIe or paid telephonists, or automatic telephone equipment to
legislative office, consults about the candidate's plans, be used by a candidate or a political committee to com.
projects, or needs In connection with the candidate's munlcate with potential voterS but excluding any costs
pursuit of election to office and the Infonnation Is used of telephones Incurred by a volunteer for use of tele-
in any way to plan, create, design, or prepare an phones by such volunteer; however. with respect to the
Independent expenditure or advertisil"!g -campaign, Intemel, an expenaltUre shall be deemed an expendi-
with: - ture for use of cotnmunlcations media only If made for
a. Any officer, director, employee, or agent of a the cost of creating or disseminating a message on a
national, state, or county executive committee of a computer information system accessible by more than
political party that has made or Intends to make one person but excluding Internal communications of a
expenditures in connection with or contributions to the campaign or of any group. .
candidate; or . (14) "FlUng officer" means the person before whom
. b. Any person whose professional services ~ a candidate qualifies. the agency or officer with whom
been retained by a naIIonal, state, or county executive apolitical committee raglst8rs, or the agency by whom
committee of a political party ~at has made or intends a committee of continuous existence is certified.
to make expenditures In connection with or contrfbu- (15) -Unopposed candidate" means a candi_ for
tIons to the canddate; or nomination or election to an office who, after the last
6. After the last day of qualifying for statewide or day on whictl ~ person. Including a write-In candl-
legislative Office, retains the professional services of date. may qualify, is without opposition In the election
any person also providing those services to the candI- at which the office is to be filled or who Is without such
date In connection with the candidate's pursuit of elec- opposition after such date as a result of any primary
tIon to office; or . e/ectlon or of wlthdra\vaJ by other candidates seeking
7. Ananges, COOItIlnates, or directs the expendl- the same office. A candidate is not" an unopposed can.
ture, in any way, with the candidate or an agent of the . didate If there Is a vacancy to be filled under s.
candidate. 100.111 (4), if there Is a legal proceeding pending
(6) -Section" means any primary election, special regarding the right to a ballot position for the office
primary e1ect1Ol:', general election, special election, or sought by the c8nd1date, or It the candidate is. seeking
municipal election held In thl$ state for the purpose of retention.88 a Justice or )Jdge. .
nominating or electing candidates. to public office, (16) "Candidate" means any person to whom any
choosfng delegates to the national nominating conven. one or more of the followlng apply:
tions of political parties, or submltUng an Issue to the (a) Any person who seeks to qualify for nomination
electors for their approval or reJection. or election by means of the. petitlonin9. process.
(7) "Issue" means any proposition which Is required . (b) Any person who seeks to qualify for election as
by the Slate ConstItution, by law or resolution of the a write-In candidate.
legislature, or by the charter..ordinance, or resolution (c) Any person who receives contributions or
of any political subdivision of this state to be submitted makes expenditures, or consents for any other person
to the electors for their approval or rejection at an e1ee- to receive contributions or make expenditures, with a
tlon, or any proposition for which a petition is circulated view to bring about his or her nomination or election to,
in order to have such proposition placed on the ballot at or retention in, public office.
any election. . (d) Any person who appoints a treasurer and deslg-
(8) "Person- means an Individual or a corporation, nates a primary depository.
association, firm. partnership, joint venture. joint stock (e) Any person who files qualification papers and
company, club, organization, estate, trust, business subscribes to a candidate's oath 88 required by law.
3
Ch. 106
CAMPAIGN FINANCING
F.s. 2005
However, this definition doeS not include any candidate
for a poUtlcal party executive committee.
(17) "PoIltlcal advertisement'" means a paid expres-
sion In any communications medla.prescrIbed in sub-
section (13), whether radio, television, newSpaper,
magazine, periodical; campaign literature, direct mail,
or display or by means other than the spoken word in
direct. conversation, which expressly advocates the
election or defeat of a candidate or the approval or
rejection of an issue. However, political advertisement
does not Include:
(a) A statement by an organization, In existence
prior to the tlme during which a candidate quallftes or
an issue is placed on the.baIot for that election, In sup-
port of or opposition to a candidate or ls8ue, In that
organization's newsletter, which neweletter is distrib-
uted only to the members of that organization.
(b) Ednorlal endorsemsnts by any newspaper,
raerlO or television station, or other recognized news
medium.
(18)(a) "Electioneering communication" means a
paid expression In any communications media pre-
acrIbed In supsectIon (13) by means other than the spa- 106.021 Campaign treasurers; deputies; prtmary
ken word In direct conversation that and secondary depo,ltorlee.-
1. Refers to or depicts a clearly Identified candi- (1 )(a) Each candidate for nomination or election to
. date for office or contains a clear reference indicating office and each political committee shall appoint a earn-
that an issue is to be voted on at an election, without palgn treasurer. Each person who seeks to qualify for
expressly advocating the election or defeat of a candl. nomination or election to, or retention in, office shall
date orthe passage or defeat of an Issue. appoint a campaign treasurer and designate a primary
2. For communications refening to or depicting a campaign deposIto'Y prior to qualifying for office. Any
clearly Identified candidate for office. Is targeted to the person who seeks to qualify for election or nomination
relevant electorate. A communication is consIdered tar- to any office by means of t/:I8 petitioning process Shall
gated if 1,000 or more persons In the geographic area appoint a treasurer and designate a primary depository
thecandldate.would represent if elected will receive the :: ~~ = at~~==::es:=
communication. ·
So For .. ref:_'" depict! nates a campaign depository and appoints a treasurer
communications ...lIng to or ng a also designate the office for which he or she isa candl-
clearly identified candidate for office, is published after
the end of the candidate qualifying period for the. office date. If the candidate Is running for an office which will
sought by the candidate. be grouped on the ballot with two or more similar offices
4. For communications containing a clear refer- to be filled at the same election, the candidate must
ence indicating that an issue is to be voted on at an indicate for which group or district office he or she Is
election, is pubHshed after the Issue is designated a ruMlng. Nothing In this subsecllonshall prohibit a can-
b8IIot position or 120 da\Hl before the date of the e1ec- dIdate, at a later date, from chtm.glng the designation of
'1- the office for which he or she Is a candidate. However,
tion on the issue, whichever occurs first. if a candidate changes the designated Office for which
(b) The term "electioneering communication" does he or she Is a candidate. the candidate must notify all
not include: contributors in writing of the intent to seek a different
1. A statement or depiction by an organization, in office and offer to return pro rata, upon their request,
existence prior to the time ~urlng which a candidate those contributions given In support of the original
named or depICted qualifies or an issue Identified .is office sought This notification shall be given within 15
placed on the baDot for that eIectlon, made In that orga.- days after the filing of the change of designation and
nlzatlon's newsletter, which newsletter is distributed shall Include a 8I8ndard fonn developed by the Division
. only to members of that organization. of Elections for requestir1g the return of contributions.
2. An editorial endorsement, new~ sto'Y, commen- The notice requirement shall not apply to any change in
ta'Y, or editorial by any newspaper, radio, television a numerical designation resulting solely from redistrlct-
station, or other recognized news medium. Ing. If, within 30 days after being notified by the candI-
a. A communication that constitutes a public dateoftheintenttoseekadlfferentofflce,thecontrlbu-.
debate or forum. that Includes at least two opposing tor notifies the candidate In writing that the contributor
candidates for an office or one advocate and one oppo- wishes his or her con1ributIon to be returned, the cancf..
nent of an issue, or that solely promotes such a debate date shall return the contrtbutJOn, on a pro rata basis,
or forum and is made by or on behalf of the person calculated as of the date the change of designation Is
sponsoring the debate or forum, provided that: filed. Any contributions not requested to be returned
4
a. The staging Of9$Ilization is either:
(I) A charttable organization that does not make.
other electioneertng communications and does not oth-
erwise support or oppose any POlitical candidate or
political party; or
(II) A neWspaper. radio station, televislon station. or
other recognized news medium: and
b; The staging organization does not structure the
debate to promote or advance one candidate or issue
position over another.
(c) For. pmposes of. this chapter, an expenditure
made for, or in furtherance of, an electioneering c0m-
munication shall not be considered a contribution to or
on behalf of any candidate.
(d) For purposes of this chapter, an electioneering
communicatIOn shall not constitute an independent
expenditure nor be subject to the limitations applicable
to Independent expendltu~
......,....... 1. ell. 73-128; 80 1.cII. 744100;.. 1,.dl. 77-174; .. 8lI. d1. 77-175;
.. 2, d1. ~157;.. e. 17, d1. ~ 80 1.d1. 711-378; ...22, d1. 8HI04;.. 84,d1.
&WlO2; .. 4, d1. 85-2211; .. 2, d1. 8lH!lllI; L 1. d1. 8N37: 80 Z4, clh. 8N15: L 9.
clh.81-107; 80 638. d1. 1&147;.. 2od1. $7-19;.. 7.clh.lIN56; &.1, clh.2OOl!-197:
.. 2, ell. 20044!52.
F's. 2005
CAMPAIGN FINANCING
Ch. 106
within the 3O-day period may be used by the candidate (c) Any campaign treasurer or deputy treasurer
forthe newly designated office. No person shall. accept appointed pursuant to this aectIon shall be a l"8Qlstered
any contribution or make any expenditur8 with a view to voter In this state and shall, before such appointment
bringing about his or her nomination, election, "Or reten- may become effective, have accepted appointment to
lion Tn public office~ or authorize another to accept such such position In 'writing and filed such acceptance with
contributions or make such expenditure on the per- the officer before Whom the candidate is required to
son's behalf, unless such penson has appointed a earn- qualify or with the offic:er. with whom the political com-
palgn treasurer and designated a primary campaign mittee is required to file reports. An Individual may be
depository. A candidate for an office voted upon state- appointed and serve as campalgn treasurer of a candl-
wide may appoint ~ more than 15 deputy campaign dale and a political committee or two or more candi-
treasuAHS, and any other candidate or political commlt- dates and polItIcal committees. A candidate may
tee may appoint not more than 3 deputy campaign trea- appoint herself or himself as campaign treasurer.
surers. The nam~ and addresses of the campaign (d) Any poDtlcal committee whlch deposits all con-
treasurer and deputy campaign treasurers so trlbutions ~ In a national depository from which
appointed shaD be filed with the offic:er before Whom the political committee receives funds to contribute to
such candidate Is required to qualify or with whom such state and local ~ shall not be required to des-
political committee is required to register pursuant to s. Ignate a campaign depository In the state.
106.03. Each candidate who qualifies with the Depart- (2) A candidate or political committee may remove
ment of State for an office not voted upon statewide . his, her, or Its campaign treasurer or any deputy treas-
shall, at the same time, file a' copy of the name and ure.r. In C8S8 of the death, resignation, or removal of a
. address of the campaign treasurer with the supervisor campaign treasurer before compliance with all obllga-
of elecUons In the county in which the candidate tIons of a campaign treasurer under this chapter, the
resides. candidate or political committee shall appolnt a 8UCCe8-
(b) Except as provided in paragraph (d), each can- SOl' and certify the name and address of the sllccessor
dJdate and each political committee shaD also desig- In the manner provided In the case of an original
nate one primary campaign depository for the purpose appoIntmen~ No resignation shall be effective untlllt
of depoelting aD contrIbuti0n8 received, and disbursing has been submitted to the candidate or committee In.
all expencltures made,. by the candidate or political writi'lg and a copy thereof has been flied with the officer
committee. The candidate or political committee may before whom the candidate Is required toquaJlfy.or the
also cleslgnate one secondary depository in each officer with whom the poIitlcaI committee is required to
county in which an election Is held in which the candl- flle reports. No treasurer or deputy treasurer shall be
date or committee particlpates. SeCondary deposito- deemed removed by a candlda18 or political committee
rles shall be fertile sole purpose of depositing contrlbu- until written notice of such removal has been given to
tions and forwarding tile deposits to the primary cari1- such treasurer or deputy treasurer and has been flied
palgn depository. ArrJ bank, savings and loan associa- with the offlC9r before whom such candidate is required
tlon, or crec:It union autborIzed to transact business In to qualify or with the officer with whom such committee
thIS state may be designated as a campaign deposl- is required to file reporl8~ .
tory. The candidate or political committee shall file the (3) No contribution or expenditure, including contri--
name and address of each primary and secondary butIons or expenditures of. a candidate or of the candl-
depository so designated at the same time that, and date's family, shall be dlrectJy or indirectly made or
with the same oftIcer with whom, the candidate or com. received In furtherance of the candidacy of any person
mlttee fiIee the name of his, her, or Its campaign treas- for nomination or election to political office in the state
urer pursuant to paragraph (a). In addition, the earn- or on behalf of any political committee except through
paJgn treasurer or a.deputy campaign treasurer may thedUyappolntedcampalgntreasurerofthecandlda18
deposit any funds which are in the prfmary campaign or political cortunittee, subject 10 the following excep-
depository and which are not then Cl!rrently needed for tions:
the disbursement of expenditures Into a separate Inter- (a) Independent expenditures;
est-bearing account In any bank, savings and loan (b) Relmbul'8Elf118nts 10 a canddate or any other
association, or credit union authorized to transact bus!- Individual for eXpenses incwred In connection with the
ness In this state. The separate Interest-bearlng campaign or activities of the political committee by a
account shall. be designated · '"- of ......... or ......... check drawn upon the campaign account and reported
!IlL separate Interest-bearing camPaJgnaccount: In pursuant to s. 106.07(4). After July 1, 2004, the full
lieu thereof, the campaign treasurer or deputy earn- name and address of each person to whom the candI-
paign treasurer may purchase a certificate of deposit elate or other individual made payment for which relm-
with such unneeded funds In SUCh bank, savings and bursement was made by cI'Ieck drawn upon the earn.
loan association, or credit union. The separate interest- palgn account shall be reported pursuant to s.
bearing account or .certIflcate of deposit shall be sepa- 106.07(4), together with tile PIA'p08e of such payment;
rate from any personal or other account or certificate of (c) ExpendItures made Indireclly through a treas-
deposiL ArrJ withdrawal of the principal or earned inter- urer for goods or services, such as communications
est or any part thereof shall only be made.from the sep- media placement .or procurement services, campaign
arate interest-beaifng account or certificate of deposit signs, insurance, or other expenditures that Include
for the purpose of trsnsfBn1ng funds to the primary multiple.lntegralcomptlnents as part of the expenditure
account and shall be reported as a contribution. and reported pursuant to s. 106.07(4)(a)13.; or
5
Ch. 106
CAMPAIGN RNANCING
F.s. 2005
. (d) Expenditures made directly by any political
committee or political party regulated by chapter 103
fer obtaining time, space, or services In or by any com-
munications medium for the purpose of jointly endors-
Ing three or more candidates, and any such expendi-
ture shall not be considered a contribution or expendi-
ture to or on behalf of any such candidates for the pur-
poses of this chapter. .
(4) A deputy campaign treasurer may exercise any
of th, powers and duties of a campaign treasurer as set
. forth In this chapter when speciflcaBy authorlzed to do
so by the campaJgn treasurer and the candidate. In the
case of a candidate, or the c:8mpaign treasurer and
chair of the political committee, In the case of a political
committee.
(5) For purposes of appointing a campaign treas-
urer and designating a campaign depository, candl- Willful failure to filEt this form is a violation of ss.
. dates for the offices of Governor and UeutenaritGover- 106.19(1)(c) and 1.06.25(3), F.S.
nor on the same ticket shall be considered a single can- (2) The executlOll and filing of the statement of can-.
dldate . . dldate does not In and of Its8If create a presumption
......;...... 2, do. 73-1. a. 2, do. 7.wao; a. 1 elL 75-138; a. .. do. 71-175; that any violation of this chapter or chapter 1 04 is a will-
a. 2, cIL 7N78; a. 5ll, elL 79-4ClO; a. 28. dI. 81-a04; L 35, cIL 84402; a. 3, dI. ful violation as defined in s. 106.37.
.__ .. 25. cIL 1IGG15; L 10. elL 111.107; L 1137. dI. 85-147; L 9. dl.1I7-13; L HIIIDIJ'...... 28. en. IlOo315; L 8S8, cIL 85-147; .. 15. elL 2Oll4-2i2.
2lI. cIL ~1'1: a. 14, cIL 2004452. .
l' 06.022 Appointment of a registered agenti
dutles.-
(1) Each political committee, committee of continu-
. ous existenCe; or electioneering communications entity
shaD have and continuously maintain In this state a reg-
Istered offICe and a registered agent and must file with
the division a statement of appointment fer the ragls-
tared office and raglStered agent. The .staiement of
appointment must
(a) PtovIde the name of the registered agent and
the street address and phone numberforthe ragistered
office'
(b)' Identify the entity for whom the regIStered agent
serves; .
(c) Designate the address the registered agent
wishes to use to receive mall:
(d) Include the ~ntity'8 undertaking to Inform the
division of any change In such designated address;
(e) ProvIcIe fer the ragistered agents acceptance of
the appointment, which must confirm that the regis-
tered agent is familiar with and accepts the obligations
of the position as set forth In this section; and
(f) ContaIn the signature of the raglstered agent
and the entity engaging the registered agent.
(2) An entity may change its appointment of regis-
tered agent and registered office under this section by
executing a written statement of change that Identifies
the former registered agent and registered address and
also satisfies all of the requirem8l'lts of subsection (1).
(3) A registered agent may resign his or her
appointment as registered agent by executing a written
statement of resignation and filing It with the division.
M entity without a registered agent may not make
expenditures or accept contnbutlons until It files a writ-
ten statement of change as required In subsection (2).
1t18\1111y.--i161. ell. 200H77.
108.023 Statement of candldat8.-
(1) Each candidate must file a statement with the
qualifying officer within 10 days after filing the appoint-
ment of campaign treasurer and designation of cam-
paign depoeitory, stating that the candidate has read
and .unde.rstands the requirements of this chapter.
Such statement shall be provfded by the flUng officer
and aha. be in subs1antially the following form:
STATEMENT OF CANDIDATE
I, _ candidate for the office of _ have
received, read, and understand the requirements of
Chapter 106, Rorida Statutes.
~d-\
~
106.025 Campaign fund raIse....-
(1 )(a) No campaign fund raiser may be held unless
the person for whom such funds are to be so used is a.
candidate for public office.
(b) All money and contributions receiVed with
respect to such a campaign fund raiser shall be
deemed to be campaign conb1butlons, and shall be
accounted for, and subject to the same l'BStrictIons, as
other campaign contributions. All expenditures made
with respect to such a campaign fund raiser which are
made or reimbu~by a check drawn on thecampaJgn
depOsitory of the candidate for whom the funds are to
be used and shall be deemed to be campaign expendi-
tures to be accounted for, and subject to the same
restrictions, as other campaign expenditures.
(c) Any tickets or: advertising for such a campaign
fund raiser shall contain the following statement -rhe
purchase of a ticket for, or a contribution to, the cam-
paign fund raiser Is a contribution to the campaign of
1_ 01 ... ...- for _ blnIIIIlhe ......_ fund _ Is
bIIlIL~. Such. tickets or advertising shall also comply
with other provisions of this chapter relating to pordical
advertising.
(d) Any person or candidate who holds a campaign
fund raiser, or consents to a campaign fund raiser
being held, In violation of the provisions of this subsec-
tion is guilty of a misdemeanor of the first degree, pun-
Ishable as provided In s. 775.082 or s. 775.083. .
(2) this section shall i10t apply to any campaign
fund raJser held on beJlalf of a political party by the state
or county executive committee of such party, provided
that the proceeds of su.ch campaign fund raiser are
reported pursuant to s. 106.29.
.....,...... 41, c:h. 71-175; a. 51. en. 81-2511; a. 24, ell. B1-3ll4; .. %1, cIL
83-217: .. 4, elL lIll-2ll6. .
F.8. 2006
CAMPAIGN FINANCING .
Ch. 106
a ~endat year In an aggregate amount exceeding committee's Intention to support or oppose candidates
$500 or which Is seeking the slgnalures of reglstered or issues at state or mUltIcounty anet local levels of goY-
electors in support.of an initiative shall file a statement emment need file only with the OMsIon of Elections.
of organiZation as provided In subsection (3) within 10 (4) Any change In Information previously submitted
days aft~ lt$ organization or, if later, within 10 days . In a statement of organization shaD be reported to the
after the date on which It has Infonnatlon which causes agency or officer with whQm such committee is required
the committee to antIclpate that it will receive contribu- to register pursuant to subsection (3), within 10 days
lions or make expenditure8ln excess or $500. If a politI- following the change.
cal committee Is organized within 10 days of any elec- (5) Any committee which, after having filed one or
tIon, It shalllmmedlately file the statement of organlza- more statements of organization, disbands or deter-
tIon required by this section. mines It will no longer receive contributions or make
. (2) The statement of organization shall Include: expenditures during the calendar year In an aggregate
(a) The name and address of the committee; amount exceeding $500 shall so notify the agency or
(b) The names, addresses, and relationships of officer with whom such committee is required to file the
affilIated or comected organizations; statement of organization.
(e) The area. scope, or jurisdiction of the commit- (6) If the filing officer finds that a political committee
tee; . has filed its statement of organization consistent with
(d) The name,. address, and position of the custo- the requirements of subseCtIon (2), It shall notify the
dlan of books and accounts; . committee in writing that It has been registered as a
(e) The name, address, and position of other prlnei- political committee. If the fling omcer fInds.that a politi-
pal officers, Including officers and members of the caI committee's statement of organization does not
finance committee, If any; . meet the requirements Of subsection (2), It shall notify
(1) The name, addreSS, office sought, and party the committee of such finding and shall state In writing
affiliation 01: . the reasons for rejection oJ the statement of organlza-
1. Each candlclate whom the committee is sup- tIon. .
porting; (7) The pMsion of Elections shall promulgate rules
2. Any other IndMdual, If any, whom the commit- to prescribe the manner in which inactive committees
tee is supporting for nomination for elecllon, or election, may be dlssoivecl and have their raglstration canceled.
to any piJbllc office whatever; Such rules shall, at a minimum,. provide for:
. (g) Any Issue or Issues such organization Is sup- (a) NotIce which shan contain the fads and conduct
porting or opposing; . which wanantthe intended ~, inc:ludlng but not 11m.
(h) If the committee is supporting the entire ticket of ited to failure to file reports and limited activity.
any party, a stalementto that effect and the name of the (b) Adequate opportunity to respond.
party;. (e) AppeaJ of the decision to the FlorIda Elections
(i) A statement of whether the committee Is a con- Commission. Such appeals shall be exempt from the
tlnulng one: confIdei'ltlalltv oroVIsIon8 of 8. 106.25.
m PlanS for the disposition of residual funds which ......,.-. a Cia. ~128;.. S. c:II. 74400; .. 1. c:II. 17-1To4; L 41. c:II. 17-17&;
wiD be made In the event of dissolution; ~~ ~ ~t'" 81404:.. I, c:II.ll2-1~ L :l8, ch.lI4.acl2; .. S. cII.
(1<) A listing of all banks, safe.deposIt boxes, or
other depositories used for committee fundS; and 106.04 Committee8 of contInu~ exIetence.-
(I) A statement of the reports required to be filed by (1) In order to qualify as a committee of cOntinuOus
the committee with federal offIclals,.jf any, and the exI&tence for the purposes of this chapter, a gi'oop,
names, addreeses, end positions of such officials. organization, assocIatl~, or other such entity which Is
(3)(a) A political committee which 18 organized to Involved In makl~ contributions to candidates, political
support or oppose statewide, legislative, or multicounty committees, or political parties, shall meet the following
candidates or Issues to be voted upon on a statewide criteria:
or multicounty basis shall file a statement of organlza- (a) It shall be organized and operated in aooord-
tIon with the DIvlslon of Eleclions. ance with a written charter or set of bylaws which con-
(b) Except as provided In paragraph (e), a political talns procedures for the election of officers and dlrec-
committee which is organized to support or oppose tors and which clearly defines membership In theorga-
candidates or Issues to be voted on in a countywide nlzatlon; and
election or candidates or ~ In any election held on (b) At least 25 percent of the Income of such orga-
less than a countywide basis shall file a statement of nlzatlon, excluding interest, must be derived from dues
organization with the supervisor of elections of the or assessments payable on a regular basis by itS mem-
county in which such election is being held. . bership pursuant to provisions contained In the charter
(e) A po6ticaI committee whlch Is OIlJanlzed to sup- or bylaws. .
port or oppose only candidates for municipal office or (2) Any group, organlzation, association, or other
issues to be voted on In a municipal election shall file a entity may seek certification from the Department of
statement of organization with the officer before whom State as a .commlttee of continuous existence by filing
municipal candidates qualify. an application with the DIvIsion of Elections on a forr'n
(d) Any political committee which would be provided by the dMsion. Such application shaD provide
required under this subsection to file a statement of the information required of political committees by s.
organization in two or more locations by reason of the 106.03(2). Each application shan be accompanied by
7
Ch. 106
CAMPAIGN FINANCING
FA 2005
the name and street address of the principal officer of suant to the schedule on file with the Division of EJec..
the applying entity as of the date of the appncation: a tions, only the aggregate amooot of such contnbutlons
copy of the charter or bylaws of the Dlganizatlon: a need be listed, together wl1h the number of members
copy of the dues or assessment schedule of the organi- paying such dues and the amount of the membership
zation, or fonnula by which dues or assessments are dues.
levied; and a complete financial statement or annual 2. The name and address of each poIlticaJ commit-
audit summarizing all Income received, and all tee or committee of continuous existence from which
expenses Incurred, by the.organlzation during the 12 the reporting committee received, or the name and
months preceding the date of appDcation. A member- address of each political committee, committee of con-
ship list shall be made available for Inspection If t1nuous existence, or: pollllcaJ party to which it made,
deemed necessary by the division. any transfer of funds, together with the amounts and
(3) If the DMsion of Sections finds that an applying dates of a111ransfers.
organization meets the criter1a for a committee of con- 3. ArTy. other receipt of funds not listed pursuant to
tlnuous existence as provided by subsection (1), It shall subparagraph 1. or subparagraph 2., Including the
certify such findings and notify the applying organlza- sources and amounts of all such funds.
tlon of such certification. If It finds that an applying orga. 4. The name and address of, and office sought by,
nlzatlon does. not meet the criteria for certification, It each candidate to whom the committee has made a
shall notify the organization of such findings and shall contribution dLU1ng the ~ortIng period, together with
state the reasons why such criteria are not met . the amount and date of each conb1butlon.
(4)(a) Each committee of continuous existence 5. The full name and address of each person to
shall file an annual report with the Division of Elections whom expenditures have been made by or on behalf of
during the month. of January. Such annual reports shall the committee within .the reporting period; the amount,
contain the same Information and shall be accompa- date, and purpose of each such expenditure;. and the
nled by the same materials as original applications flied name and address, and office sought by, each candl-
pursuant to subsection (2). However, the charter or date on whose behalf such expenditure was made.
bylaws need not be filed If the annual report Is accom- 6. The total sum of expenditures made by the
panled by a sworn statement by the chair that no committee during the reporting period.
changes have been made to such charter or bylaws (d) The treasurer of each committee shall CertIfy as
since the last filing. '. to the correctness of each report and shaD bear the
(b)1. Each committee of continuous existence responsibility for Its accuracy and varacity. Any trees-
shall file regular reports with the DMslon Qf Elections at urer who wlRfully certifies to the correcInesS of a report
the same tknes and subfect to the same filing condl- while knowing that such report Is Incorrect, false, or
tions as are established by s. 106.07(1) and (2) for can. incomplete cornn'llts a misdemeanor of the first degree,
dldates'reports. punishable as provided in s. 775.082 or 8. 775.083.
2. Any committee of contll'lUOUS existence falOng (5) No committee of continuous existence shall
to so file a report with the DIvIsion of 8ectIons pursuant make an electloneering communication, contribute to
~ this paragraph on the designated due date shall be any candidate or political committee an amount In
subject to a fine for late filng as provided by this see- excess of the limits contained Ins. 106.08(1), orparticl-
lion.. pate In any activity which. r. prohibited by this chapter.
(c) All committeEl8 of continuous exlstenoe shall file If any violation occurs, It shall be punishable as pro.
. the original and one copy of their reports With the DIvf.. vided In this chapter for the ~ offense. No funds of
slon of Elections. In adcfJtion. a duplicate copy of each a committee of continuous existence shall be
report shall be flied with the supervisor of elections in expended on ~ of a candidate, ~ by.means of
the county in which the committee maintains Its books a contnbutlon made through the duly appointed earn-
and records, except that if the flUng officer to whom the palgn treasurer of a candidate. No such committee
committee Is required to report is located In the same shall make expenditUres In support of, or In opposition
county as the supervisor no such duprlC8te report Is to, an issue u~ 8lICh commltlee flrst ragisters as a
required to be flied with the supervisor. Reports shall be political committee pursuant to this chapter and under-
on fonns provided by the division and shall contain the takes all the pri.ctlces and procedures required thereof;
following information: provided such committee may make contributions In a
1. The full name, address, and occupation of each total amount not to exceed 25 percent of Its aggregate
person who. has made one or more contributions, Income, as reflected In the annual report filed for the
Including contributions that represent the payment of previous year, to one or more political committees reg-
membersl:llp dues. to the committee during the report- istered pursuant to s. 106.03 and fornled to support or
ing period, togetherwith the amounts and dates of such oppose Issues.
contnbutlons. For corporations, the report must provide (6) All accounts and records of a committee of can-
as clear a description as practicable of the principal t1nuous existence may be Inspected under reasonable
type of business conducted by the cprporatlon. How- circumstances by any authorized representative of the
ever, if the contribution is $100 or less, the occupation DIvision of Elections or the Florida Elections Commis-
of the contn'butor or principal type of business need not slon. The right of Inspection may be enforced by appro-
be listed. However, for any contributions that represent prlate writ Issued by any court of competent jurisdiction.
the payment of dues by members In a fixed amount (7) If a committee of continuous existence ceases
aggregating no more than $250 per calendar year, pW'- to. meet the criteria prescribed by subsection (1), the
8
F.S.2005
CAMPAIGN .FlNANCING
Ch. 106
Division of Sections shall revoke Its certification until
such time ~ the criterla.are again met The Division of
EIec:tIons shall promulgate rules to prescribe the man-
ner In which such certification shall be revoked. Such
rules shall, at a minimum, provide for:
(a) Notice, which shall contain the facts and con-
duct that wanant the Intended action.
(b) Adequate opportunl1y to respond.
(e) Appeal of the decision to the Florida Elections
Commission. Such appeaI8 shaD be exempt from the
confidentiality provisions of s. 106.25.
(8)(a) Any committee of continuo!JS existence fail-
ing to file a report on the designated due date shall be
subject to a fine. 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 ttle late report. The fine shall be assessed
by the filing officer, and the moneys collected shall be
deposited in the General Revenue Fund. No separate
fine shall be assessed for failure to file a copy of any
report required by this section..
(b) Upon determining that a report Is late, the fding
officer shall Immediately itotify the treasurer of the com-
mittee as to the failure to file a report by the designated
due d8te and that a fine Is being assessed for each late
. day. Upon receipt of the report, the filing officer shall
detennine the amount Of fine which Is due and shall
notify the treasurer of the convniUee. The fil'mg officer
shall determine the amount of the fine due based upon
the earliest of the following:
1. When the report is actually received by such
offIce~ .
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. .
Such fine shall be paid to the fDlng officer within 20 days
after receipt of the notlce of payment due, unless
appeal Is made to the FlorIda Elections Commission
pursuant to paragraph (c). An officer or member of a
committee shaD not be persot18lly liable for such fine.
(e) Any treasurer of a committee may appeal or dis-
pute the fil'l8, based upon unusual circumstances sur-
rounding the failure to file on the designated due date,
and may request and shall be entiIfed to a hearing
before the RorIda Elections Commission, which shall
have the authority to waive the fine in whole or In part.
Any such request shall be made within 20 days after
receipt of the notice of payment due. In such case, the
treasurer of the committee shall, within the 2O-day
period, notify the flUng officer In writing of his or her
Intention to bring the matter before the commission.
(d) . The filing officer shan notify the RorIda EJec..
tIons Commission of the repeated late filing by a com.
mlttee of continuous existence, the failure of a commit-
tee of continuous existanC8 to file a report after notice,
or.the failure to pay the fine Imposed.
~.-e.'" ell. 73-128; s. 4, 18, c:h. 74.1!OO; e. 1. ell. 77-174; e. <12. c:h.
77-1751.. 57,.c:h. ~ L 2lI, c:h. 81.ao4> L 5, c:h. 85-228; .. 8, c:h. 119-2511; ..
-1e1l. _15; L 1. ell. llC)$38;.. II, 12, ell. 91-107; L 1. ell. 1150140; e. 1139 ell.
ll6- 47:.. 8, c:h. 97-13> lIS. 3, 18, ch. 2004-252.. .
106.05 Deposit of contributions: statement of
campaign treasurer r.-AII funds received by the cam.
palgn treaSurer of any candidate or political committee
shall, prior to the encl of the 5th business day following
the receipt thereof, Satu~. Sundays, and legal hon.
days excluded, be deposited in a campaign depository
designated pursuant to 8. 106.021, In an account dEl&-
Ignated . In,- of candIdate or commltt.el Campaign
Account: Except for contJi)utions to political Commit.
tees made by payroll deduction, all deposits shall be
accompanied by a bank deposit slip containing the
name of each contributor and the amount contributed
by each. If a contribution is deposited In a secondary
campaign.deposltory, the depository shall fotward the
fun amount of the deposit, along with a copy of the
deposit sUp accompanying the deposIt,. to the primary
campaign depository prior to the end of the 1st busI-
ness day following the .deposit.
HilIlllIJ.-e. 5, d1. .73-1)l1; L 1, c:h. 7N8; L 1. ell. 77.174; e. 43. c:h. 77-175;
.. 7. c:h. 8ll-258; .. 29, c:h.llO-315.
106.055 Valuation of In-k1nd contrIbuUons.-Any
person who makes an in-klnd contri)utlon shan, at the
time of making such contribution, place a value on such
conb1butlon, which valuation shall be the fair market
value of such conb'lbution..
HIaIorr.-.. 44, ah. i1-175.
106.06 Treasurer to keep records: inspection&.-
(1) The campaign treasurer of each candidate and
the campaign treasurer of each .poIitical committee
shall keep detailed accounts, CUIT8f1t within not more
than 2 days after the date of receiving a contribution or
making an expenditure, of all conb'lbutlon8 received
and all expenditures made by or on behalf of the candI-
date or political committee that are required to be set
forth in a statement filed under this chapter. The cam-
paign treasurer shall also keep detailed accounts of all
deposits made in any separate Interest-bearing
account or certificate of deposit and of all withdrawals
made therefrom to the primary depositoI)' and of all
interest earned thereon.
(2) Accounts, Including separate Interest.bearing
accounts and certlflcates of deposit, ~ by the cam-
paign treasurer of a canclidate or political committee
may be Inspected under reasonable circumstances
before, during, or. after the election to which the
accounts refer by.any authorized representative of the
DIvIsion of ElectIons or the Rorlda Elections Commis-
sion. The right of inspection may be enforced by appro-
priate writ issued by any court of competentjurlsdiclion.
The campaign treasurer of a political committee sup-
porting a candidate may be joined with the campaign
treasurer of the candkfate as respondent in such a pr0-
ceeding. . .
(3) Accounts kept by a campaign treasurer of a
candidate shall be preserved by the campaIgn treas-
urer for a number of years equal to the term of office of
the office to whiCh the candidate seeks election.
Accounts kept by a campaign treasurer of a polliicaJ.
committee shall be preserved by such treasurer for at
least 2 years after the date of the election to which the
accounts refer. .
.. ~~1 elL 78-1211;." 45, elL 77-175; L 3, dt. 78478; L 8, c:h.ll9-2ll8;
9
Ch.106
CAMPAIGN FINANCING
F.S.2OO5
106.07 RepOrts: certItIcatIon and 1111"90- office who qualify with the Department of State shal be
(1) Each campaign ~asurer designated by a can- flied with the supervisor of elections In the county
didate or political committee pursuant to So 106.021 where the candidate resides. Except as provided In s.
shall file regular reports of all contributions received, 106.0705, reports shall be filed not later than 5 p.m. of
and all expenditures made, by or. on behalf of such can- the day designated: ttowev&r, any report postmarked
dldate or political committee. Reports shall be filed on by the United States Postal Service no later than mid-
the 10th day following the end of each calendar quarter night of the day des!gnated shall be deemed to have
from the time the campaign treasurer is appointed, been filed In a timely manner. Any report received by
except that; If the 10th day following the end of a caJen. the filing officer within 5 days after the designated due
darquarter OOCUI8 on a SatuRlay, Sunday, or legal holl- date that was ~Ivered by the United States Postal
day, the report shall be filed on the.next following day Servl~ shall be deemed timely flied unless it has a
which is not a Saturday, Sunday, or legal holiday. Quar- postmark that indicates that the report was mailed after
terly reports shalll.ncIude all contributions received and the designated due date. A certificate of mailing
expenclltures made during the calendar quarter ~ich obtained from and cIated by the United States Postal
have not otherwise been reported pursuant to this see- Service at the time of mailing, or a receipt from an
tIon. . . established courier company, which bears a date on or
(a) Except as provided in paragraph"(b), following before the date on which the report is due, shall be
the last day of qualifying for Office. the reports shall be proof of mailing in a timely mftnner. Reports shaD con-
filed on the 32nd, 18th, and 4th days Immediately p!9- taln Information of all previously unreported contrIbu-
ceding the primary and on the 46th, 32nd, 18th, and 4th lions received and expenditures made as of. the p!9-
QaYS Immecllately preceding the election, for a candl- ceding Friday, except that the report flied on the Friday
. date who Is oppoeed in seeking nomlna,tion.or election Immediately preceding the election shall contain Infer-
to any office, for a political committee, or for a commit- matlon of all previously unreported contributions
tee of continuous existence. received and expenditures made as of the day preced-
(b) Following the last day of qualifying for office, Ing that designated due dat$. All such reports shall be
any statewide candidate Who has requested to receive open to public inspection. "
contributions from the 1E1ect1on Campaign Rnancln9 (b)1. Any report which is deemed to be Incomplete
Trust Fund or any statewide candidate in a race with a by the officer with whom the candklate qualifies shall be
candidate who has requested to receive conb1butlons accepted on a conditional basis, and the campaign
from the trust fund shall file reportS on the 4th, 11 th, treasurer shall be notified by registered mall as to why
1 8th, 25th~ and 32nd days prior to the primary election, the report is incomplete and be given 3 days from
and on the 4th. 11th, 18th, 25th, 32nd, 39th, 46th, and receipt of such notice to fie an addendum to the report
53rd days prior to the general election. providing all Infonnatlon necessary to complete the
(c) . Following the last ~y of qualifying for office, report In compliance with this section. FaIlure to fie a
any unopposed candidate need only file a report withln complete repOrt after such notice constitutes a vIoIaUon
90 days after the date such C:andldate became unop- of this chapter. .
posed. Such report shan contain all previously un!9- 2. In lieu of the notice by registered mall as
ported contributions and expenditures as l'8CJulred by required In subparagraph 1., the qualifying officer may
this section and shall reflect disposition of funds as notify the campaign treasurer by telephone that the
reqlired by s~ 106.141. report Is Incoll1'lete and request the Information neces-
(d)1. When a special election is called to flU a sary to complete the teport. If, however, such lnforma-
vacancy In office, an poItIcaI committees and commit- lion Is not received by the qualifying officer within 3
tees Of continuous existence making Contributions or days after the telephone request therefor, notice shaD
expenditures to Influence the results of such special be sent by registered maD as provided In subparagraph
election shall file call1'a1gn treasurel8' reports with the 1. .
filing offlC8r on the dates set by the Deparlment of State (3) Reports required of a political committee shall
pursuant to 8. 100.111., be flied with the agency ~ offtcer l?efore whom such
.2. When. an election Is called for an Issue to committee ragisters pursuant to s. 106.03(3) and shall
appear on the ballot at a time when no candidates are be 8Ubject to the same flUng cOndItions as estabUshed
scheduled to appear on the ballot, all political commit- for candidates' reports. Incomplete reports by political
tees making contributions or expenditures in support of committees shall be treated In the maM8I' provided for
or In opposition to such Issue shall file reports on the Incomplete reports by car1dIdates In sub8ectIon (2).
18th and 4th days prior to such election. . (4)(a) Each report required by this section shall
(e) The filing officer shall provide each candidate contain:
with a schedule designating the beginning and end of 1. The I'uII name. address, and occupation, if any
reporting periods as well as the COl'I'flSpOnding deslg. of each person who has made one or more contribu-
nated due dates. lions to or for such committee or candidate within the
(2)(a) All reports required of a candidate by- this reporting period, together with the amount and date of
section shall be filed with the officer before whom the such contributions. For corporations, the report must
candidate is required by law to qualify. All candidates provide as clear a d~tion as practicable of the prln-
who file with the Department of State shall file their c1pal type of business conducted by the corporation.
reports pursuant to s. 106.0705. In adcfmon. a copy of However, if the contribution is $100 or less or Is from a
each report for candidates for other than statewide relative, as defined in s. 112.312, provided that the reia-
10
F.s. 2005
CAMPAIGN FINANCING
Ch. 106
tionship is reported, the occupation of the contributor or components, that comprises 80 percent of such
the principal typ$ of business need not be listed. expenditure. .
2. The name and address of each political commit- (b). The filing officer shaD make available to any
tee from which the reporting committee or the candl- candidate or committee a. reporting form which the can-
date received, or to which the reporting co!TImittee or didate or committee may use to indicate contributions
candidate made, any transfer of funds, together with received by the candidate or committee but returned to
the amounts and cIates of aB transfers. . the contributor before deposit.
3. Each loan for campaign purposes to or from any (5) The candidate and his or her campaign treas-
person or political committee within the reporting urer, in the C8S8 of a candidate, or the political commlt-
period, together with the full names, addresseS, and. tee chair and campaign treasurer of the committee, in
occupations, and principal places of business, if any, of the C8S8 of a poIitjcaI comrnltt8e, shall certify as to the
the lender and endorsers, if any, and the date and correctness of each report; and each person so certIfy-
amount of such loans. Ing shall bear the responsibility for the accuracy and
4. A statement of each contribution, rebate, veracity of each report. Any campaign treasurer, candl-
refund, or other receipt not otherwise listed under date, or political committee chair who willfully certifies
subparagraphs 1. through 3. the conectn8SS of any report while knowing that such
5. The totai sums of all loans, in-kind contnbu-. report Is Incorrect. false, or Incomplete commits a mis-
tions, and other rec8ipts by or for such committee or demeanor of the first degree, pl.B'1lshableasprovlded in
candidate during the reporting period. The reporting s. 775.082 or s. 775.083.
fonns shaD be designed to elicit separate totals for In- (6) The campaign depository shall return all checks
kind contributions, loans. and other receipts. drawn on the account to the campaign treasurer who
. 6. The full name and address of each person to shall retain the records pursuant to 1$.106.06. The rec-
whom expenditures have been made by or on behalf of ords maintained by the depository with respect to such
the committee or candidate within the reporting period; account shaft be subject to inspection by an agent of
the amowrt, date, and purpose of each such expendl-' the DIvIsion of Elections or the florida Sections Com-
ture; and the name and address of, and office sought mission at any time during nonnal banking hours, and
by, each candidate on whose behalf such expenditure such depository shall furnish certified copies of any of
was made. However, expenditures made from the petty such records to the DMsIon of Elections or Florida
cash fund provided by 8.106.12 need not be reported Elections Commission upon request.
Individually. .. en Notwiths1andIng any other provisions of this
. 7. The full name and address of each person to Chapter, in any reporting period during which a candi-
whom an expenditure fOr personal services, salary, or date, political comm_, or committee of continuous
reimbursement for authorized expenses as provided in existence has not received fwlds, made any contrIbu-
s. 106.021 (3) has been made and which is not other.. lions, or expended any rej:lortabIe funds, the flUng of the
wise reported, \ncIudi'tg the amount, date, and purpose required report for that period is waived. However, the
of such expenditure. However, expenditures made next report filed must specify that the report covers the
from the petty cash fund provided for In s. 106.12 need entire period between the last submitted report and the
not be I'8portedlndlvldually; report being filed, and any candidate. political commit-
8. The total amount withdrawn and the total tee, or committee of continuous existence not reporting
amount spent for petty cash purposes pursuant to this by virtue of this sub8ectlon on dates prescribed else-
chapter during the reporting period. where In this ctlJpter shall notify the filing officer In writ-
9. The total sum ~ expenditures made by such 'ng on the prescribed reporting date that no report Is
committee or candidate during the reporting period. being filed on that date.
10. The amount and nature of debts and obDgatlons (8)(a) Any cancfldate or political committee failing to
owed by or to the committee or candIc:Iate, which relate . file a report on the designated due date shall be subject
to the conduct of any political campaign. to a fine as provided in paragraph (b) for each late day,
11. A copy of each credltcard statement which shall and, In the case of a candidate. such fine shall be paid
be included in the next report following receipt thereof only from personal funds of the candidate. The fine
by the candidate or poIltfca1 committee. Receipts for . shall be assessed by the filing officer and the moneys
each credit card purchase shall be retained by the collected shall be deposited:
treasurer with the records for the campaign account. 1. In the Gerleral Revenue Fund, In the .case of a
12. The amount and nature of any separate Inter- candidate tor state office or a political committee that
est-bearing accounts. or certifICates of deposit and registers with the DIvIsion of ElectIons: or
identification of the financial Institution In which such 2. In the general revenue fund of the political sub-
accounts or certificates of.deposit are located. . cIMslon, In the .case of a candidate for an office of a
13. The primary purposes Qf an expenditure made political subdivision Or a political committee that regie-
Indirectly through a campaign treasurer pursuant to s. tars with an officer of a poIlUca1 subdivision.
106.021 (3) for goods and services such as communI-
cations media placement or procurement services, No separate fine shan be assessed for failure to file a
campaign signs. insurance, and other expenditures copy of any report reqUIred by this section. .
thaUnc\ude multiple components as part of the expend- (b) Upon determining that a report is late, the filing
iture. The primary purpose of. an expenditure shall be officer shall immediately notify the candidate or chair of
that purpose, including Integral and directly related the poUticaJ committee 88. to the failure to me a report by
11
Ch.106
CAMPAIGN FINANCING
F.B. 2005
the designated due date and that a fine is b~lng
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 Immediately preceding each primary and gen-
eral election, the fine shall be $500 per clay for ~ach late
day, not to exceed 25 percent of the total receipts or
expenditures, whichever is greater, for the periQd c0v-
ered by the late report. For reports required under s.
106.141 (7), the fine Is $50 per day for each late day, not 106.0706 Electronic tiling of campaign frea8ur.rs
to exceed 25 percent of the total receipts or expendl- reports.-(1} As used in this section, "electronic filing system"
tures, which~r is greater, for the period covered by
the late report. .Upon receipt C1f the report, the filing offl-means an Internet system for reeoRfmg and reporting
shall del rmI the nt of th fine which I d campaign finance actMty by reporting period.
cer e ne amou e s us (2}(a) Each candidate who is required to file reports
and shall notify the candidate or chair. The flUng officer pursuant to s. 106.07 with the dMsIon must file such
shall determine th8 amount of1he fine due based upon
the earliest of the following: reports with the dMslon by means of the dMsion's e1ec-
1. When the report is actually received by such m;~ f1~ ~~ committee, committee of contInu-
on:.er. When the report is postmarked. ous ~ence, or state execut"!e committee that is
3. When the certificate of mailing is dated. . reqUired to file reports with the diVISion under s. 106.04,
4. When the receipt from an established courier s. 106.~, or s. ~~29, as appilcable, must file such
company, is dated reports with the dIVision by means of the dMslon's elec-
5. When the electronic receipt issued pursuant to tronlc filing system.
s 106 0705 is dated (c) Each person or organization that Is required to
.., file reports with the division under s. 106.071 must file
Such fine shaD be paid to the filing officer within 20 d!lYS such reports with the dMsion by means of the dMsIon's
after receipt of the notice of payment due, unless electronic flllng system.
appeal Is made to the RorkIa Elections Commission (3) Reports filed pursuant to this section shall be
pursuant to paragraph (e). In the case of a candidate, completed and filed tbrough the electronic fUlng system
such fine shall not be an allowable campaign expendl- not later than midnight of the day designated. Reports
ture and shall be paid only from personal funds of the not filed by midnight of the day designated are late filed
candidate. ,An ofIIcer or member of a political commit- and are subJect to the penalties under s. 106.04(8), s.
tee shall not be personally liable for such fine. 106.07(8), or s. 106.29(3), as applicable.
(c) Any candidate or chair of a political committee (4) Each report filed pursuant to this section is con.
may appeal or dispute the fine, based upon, but not Um- sidered to be under oath by the candlclate and treasurer
I18d to, unusual cln:urnstances surrounding the failure or the chair and treasurer, whichever Is applicable, and
to file on the designated due date, and may request and . such persons are subject to the provisions of s.
shall be entitled to a hearirig.before the Rorida EIec- 106.04(4)(d), s. 106.07(5), or s. 106.29(2), u applica-
tions Commission, which shall have the authority to ble. Persons given a secure s1gn-on to the electronic fit-
waive the fine In whole or In part. The Florfda E!ections Ing system ani ~Ie for protecting such from
Commission must consider the mitigating and aggra- disclosure and are responsible for all flllngs using such
vatlng circumstances contained in s. 106.265(1) when credentials, unless they have notified the dMsion that
cIetennInlng the amount of a fine, If any, to be waived. their credentials have been compromised.
Any such request shaD be made within 20 days after (5) The electronic filing system developed. by the
recelpt"of the notice of payment due. In such case, the division must
candidate or chair of the ~Iltlcal committee shall, (a) Be based on aocess by means of the Internet.
within the 2D-day period, notify the filing officer In writ- (b) Be accessible by anyone with Internet access
ing of his or her intention to bring the matter before the using standard web-browsing software.
commission. (e) Provide for direct entry of campaign finance
(d) The approprlat~ filing officer shall notify the information as well as upload of such Information from
Florida EleCtions Commission of the repeated late filing campaign finance software certified by the dMslon.
by a candidate or poIlticaI committee, the failure of a (d) Provide a method that prevents unauthorized
candidate or political committee to file a report after access to electronic fling system functions.
notice, or the failure to pay the fine Imposed. The com-(6) The dMslon shall adopt rules punsuant to ss.
miSsIon shall Investigate only those alleged late filing 120.536(1) and 120.54 to administer this section and
violations specifically Identified by the flUng officer and provide for the reports required to be filed plI'Suant to
as set forth In the notification. Any other alleged vloIa- this section. Such rules shall, at a minimum, provide:
tions must be separately stated and reported by the (a) Alternate filing procedures in case the cflVlslon's
division to the commission under s. 106.25(2). electronic filing system Is not operable.
12
(9) The Department' of State may prescribe by role
the requirements for fiting campaign treasurers' reports .
. as set forth In this chanter.
....,........ 7. c:h. 78-128;.. 5. 15, 17, c:h. 74400;... 1,2, c:h. 7&8;.. 2. c:h.
7S-18l1;.. 1. c:h. 77-174;.. 48,c:h. 77.17ll;..28. c:h. 78-164;... 7. 8. c:h. 7lMI65;
.. 4. c:h. 7lI478: Lll8. c:h. 7ll-4OO; L 52. c:h. 81'" .. ZT. c:h. 81-304; L 2, c:h.
82-143; .. 11. c:h. 8W51; L 37, c:h. 84-3ll2; .. e,. c:h.1l54!2lII" 1. c:h. 88-134; L
13. c:h. IT-22Ai L 9, c:h. IIH!8; .. 31. c:h. lIOo81S;.. 2, c:h. llO-3S8; L 18. c:h.
llO<<II2: L 7, c:h. 91-101;L 2, c:h.lI5-1<IO;.. 840, c:h. "'147: .. 15, c:h.lI5-28O;..
7, c:h. 87-18; L e. c:h. 2llO1-7ll; ... 28. c:h. l!llCI2-17; L 2, ell. 2lllI2-:l87; .. e, c:h.
2llO3-1;... 17. 18, c:h. 2lJ04.2!l!2: L 24, c:h. 2llCIII48I.
'No11lr-The 1ruIl..... .... ~ NclvemblIr.4, 1998, by Cll*'IIIiO" cf..
19(1). All. m cf 1IW SIal8 0anIIIhulIan.
FA 2005
CAMPAIGN FINANCING
Ch. 106
(b) For the Issuance of an electronic illceIpt to the
person submitting the ;aport Indicating and verifying
that the report has been flied.
(7) Notwithstanding anything in law to the contrary,
any report required to have been filed under.this sec-
tion for the period ended March 31, 2005, shall be
deemed to have been timely flied if the report Is filed
under this section on or before June 1, 2005.
1IItory.....19, dI. 2IlO+252; .. 45, dI. 2llQl5.D8.
106.0706 Electronic filing of campaign finance
reports; conftdentlallty of Information and draft
report8.-A11 user identifications and passwords held
by the Department of State pursuant to s. 106.0705 are
confldentIaI and exempt from s. 119.07(1) and s. 24(a),
Art. I.of the State ConstItution. All records, reports, and
files stored In the electronic filing system pursuant to s.
106.0705 are exempt from s. 119.07(1) and s. 24(a),
Art. I of the State ConsUtutlon until such time as the
report has been submitted as a flied report. This section
Is stbject to the Open Govemment Sunset Review AI:;t
of 1995 In accordance with s. 119.15 and shall stand
repealed on October 2, 2009, unless reviewed and
8aved from repeal through reenactment by the legisla-
ture.. .
HIIIIlIy.-.. 1, dl.l!Oll4oj!lI3.
108.071 Independentexpendlb.fta: electioneering
communlcaUonsj reports; disclaimers.-
(1) Each person who makes. an independent
expenditure with respect to 81rf candidate or issue, and
each Individual who makes an expenditure for an elec-
tioneering communication which is not otherwise
reported pursuant to this ~r, which expendIture, in
the aggregate, Is In the amount of $100 or more, shall
. file periodic reports of sUch expenditures In the same
manner, at the same time, subject to the same penal-
ties, and with the same officer as a political committee
supporting or opposing such candidate or issue. The
report shall contain the full name and address of the
person making the expenditure; the full name and
address of each person to whom and for whom each
such expenditure has been made; the amount, date,
and purpose of 8ach such expenditure; a description of
the services or goods obtained by each such expendI-
ture; the Issue to which the expendIture relates; and the
name and address of, and office sought by, each candi-
date dn whose behalf .such expenditure was made.
(2) Any political advertisement paid for by an
independent expenditure shall prominently state -Paid
political advertisement paid for by Ifj8IM__d_
...." far __' Independently of any ,'''''''_ or
mrrmIt..l ..
(3) Subsection (2) does not apply to novelty Items
having a retail value of $1"0 or less which support, but
do not oppose, a candidate or issue.
(4) Any person who fails to InclUl:fe the disclaimer
prescribed In subsection (2) In any political advertise-
ment that Is required to contain such disclaimer com.
mits a misdemeanor of the first degree, punishable as
provided In s. 775.082 or s. 775.083.
HJ.tDry.-a. 47. dI. 77-1711; ..10. dI. 89-25lI;.. 4. dI. 2004-262.
108.075 EJeCmd officials; report of loans made In
yeer preceding electIOn; IIm1taUon on contrlbutlona to
pay loans.- .. .
(1) A person who is elected to office must report ail
loans. 8xceedlng $500 In value, made to him or her and
used for campaign purposes, and made In the 12
months prececllng his or her election to office, to the fi1-
ing officer. The report must be made, In the manner
prescribed by the Department of State, within 10 days
after being elected to office.
(2) Any person who makes a contribution to an IndI-
vidual to pay all or part of a loan incurred, In the 12
months preceding ~ 8lection, to be used for the IrTdl-
viduars campaign, may not contribute more than the
amount which is allowed In s. 106.06(1). .
......,...... 11. dI. 8N5ll; .. 82, dI. &N1S; .. 12, dI. 81-107;.. 841, dI.
.147.
106.08 ContrIbutIons; Umltatlons 00.-
(1)(a) Except.for political parties, no person, politi-
cal committee, or .commlttee of continuous existence
may, I" any election, make contributions In excess of
$500 to 81rf candidate for election to or retention in
office orto 81rf pPfrtlcal committee supporting or oppos-
Ing one or more candidates. Candidates for the offices
of Governor and Ueutenant Governor on the same
ticket are considered a single candidate for the purpose
of this section.
(b)1. The contribution limits provided In this sub-
section do not apply to contrlbutlons made by a state or
county executive committee of a political party ragu-
lated by c:hapter 103 or to amounts conb1buted by a
canc:fldate to his or her oWn campaign.
2. NolwIths~lng the limits provided In this sub-.
section. an unemancipated chiJd under the age of 18
years of age may not make a contrI)utlon In excess of
$100 to any candidate or to any political convnlttee
supporUng one or more candidates.
(c) The contrlbutlon limits of this subsection apply
to each election. For purposes of this subsection, the
primary election and general election are separate
elections so long as the candldatals not an unopposed
cand'ldaIe 88 defined in s, 106.011(15). However, for
the purpose of contribution limits with respect to candI-
dates for retention as a Justice Or judg8, there Is only
one election, wh1ch Is the general election.
(2}(a) A candidate may not accept contributions
from national, state, including any subordinate commit-
tee of a national. state. or county committee of a politI-
cal party, and county executive committees of a politi-
cal party, which contributions In the aggregate exceed
$50,000, no. more than $25,000 of which may be
accepted prior to the 28-day period Immediately pre-
ceding the date qf the general election. .
(b) A candidate for statewide office may not accept
contributions from national. state, or county executive
committees of a political partY, including any subordi-
nate committee of ~ national, state, or county commit-
tee of a political party, which contributions In the aggre-
gate exceed $250.000, no . more than $125,000 of
which may be. acCepted prior to the 28-day period
. Immediately preceding the date of the general. election.
Polling services; research services. costs for campaign
13
Ch. 106
CAMPAIGN FINANCING
F.S. 2005
staff, professional consulting services, and telephone (c) CandIdates, political oommittees, and political
calls are not contributions to be counted toward the parties may not make contributtons, In exchange for
contribution limits of paragraph (a) or this paragraph. political support, to any religious, charitable, civic, or
Any Item not expressly identified in this paragraph as other cause or organlzaUon established prlmartly for
nonallocable Is a contribution in an amount equal to the the public good. It 18 not a violation of this paragraph for:
fair market value of the Item and must be coun18d as 1. A candidate, political committee, or political
allocable toward the contribution limits of paragraph (a) party executive committee to make gifts of money In
or this paragraph. Nonaftocable, In.kind oontributlons lieu of flowers In memory of a deceased person:
must be reported by the candidate under s. 106.07 and 2. A candidate to continue membership In, or
by the political party under s. 106.29. make regular donations from personal or business
(3)(a) Any contribution received by a candidate funds to, religious, poDtIcaI party, cIvlc, or charitable
with opposItiOl"! in an election or by the campaign treas- groups of which the candidate is a member or to which
urer or a deputy campaign treasurer of such a candl- the candidate has been a regular donor for more than
date on the day of that election or less than 5 days prior 6 months: or .
to the day. of .that election must be returned by him or 3. A candicla1e to purchase, with campaign funds,
her to the person or committee contributing It and may tickets, admission to events, or advertisements from
not be used or expended by or on behalf of the candi- religious, civic, poiltlcai party, 9r charitable groups.
date. . (6) A political party may not accept any contribution
(b) Except as otherwise provided In paragraph (e), which has been sPecifically designated for the partial or
any contribution received by a candidate or by the earn- exclusive use of a particular candidate. Any oontribu-
palgn treasurer or a deputy campaign treasurer of a tIon so designated must be returned to the conbibutor
candidate after the date at which the candidate wlth- and may Iiot be used or expended by or on behalf of the
draws his or her cancIicIacy,or after the date the candi- candidate. Also, a political party may not accept any in-
date Is defeated, becomes unopposed, or is elected to kind contribution that falls to provide a direct benefit to
office must be retumed to the person or committee con- the political party. A "dIrect benefit" Includes, but Is not
trIbutIng It and may not be used or expended by or on limited to, fundraIslng or furthering the objectives of the
behalf of the candidate. political party. .
(e) WIth respect to any campaign for an office In (7)(8) Any person who knowingly and willfully
which an independent or minor party cand'ldate has makes no more than one contribution in violation of
flied as required in s. 99.0955 or s. 99.096, but whose subsection (1) or subsection (5), or any person who
qualification Is pending a determination by the Depart- knowingly 8Iid w\Ufu1ly f8iis or refuses to return any con-
ment of State or supervisor of elections as to whether trlbution as required In subsection (3), commits a mis-
or not the required number of petition signatures was detneanor of the first degree, punishable as provided in
obtained: s. 775.082 or s. 775.083. If any corporation, partner-
1. The department or supervisor shall, no later ship, or other business entity or any poiltlcai party, poIlt-
than 3 days after that determination has been made, icaI committee, or committee of continuous existence is
notify In writing all other candidates forthat office of that convicted of knoWingly and w1DfuIIy violating any prov!-
determination. slon punishable under this paragraph, it shaD be fined
2. Any contribution received by a candidate or the not less than $1,000 and not more than $10,000. If It is
campaign treasurer or deputy campaign treasurer of a a domestic entity, it may be ordered dissolved by a
candidate after the candidate has been notlfled in writ- court of competent jurlsclction; if it Ie a foreign or non-
ing by the department or supervisor that he or she has resident business entity, its right to do business In this
become unopposed as a resuJt of an independent or state may be forfeited. Any officer, partner, agent, attor-
minor party candidate faDing to obtain the required ney, or other representatlve of a corporation, partner-
nQl11ber of petition signatures shall be returned to the ship, or other business entity or of a po11t\cal party, pollt-
person, political committee, or committee of continuous leal committee, or committee of continuoui exIstence
existence contributing It and shall not b8 used or who alds, abets, advIses~ or participates In a violation
expended by or on beh8lfof the candidate. . of any provision punl$habIe under this paragraph com-
(4) Any contribUtion received by the chair, earn- mils a misdemeanor d the first degree, punishable as
palgn treasurer, or deputy campaign treasurer of a provided in s. 775.062 or 8. 775.083.
political committee supporting or opposing 8 candidate (b) Any person who knowingly and willfully makes
with opposition in an election or supporting or opposing two or more contributions In vIoIatlon of subsection (1)
an issue on the ballot In an election on the day of that or subsection (5)- commits a felony of the third degree,
election or less than 5 days prior to the day of that elee- punishable as provided In s. 775.082, 8. 775.083, or s.
tIon may not be obligated or expended by the commlt- 775.064. If any corporation, partnership, or other busl-
tee until after the date of the election. nass entity or any pofiUcaI party, political committee,. or
(5)(a) A person may not make any contribution committee of continuous existence Is convicted of
through or In the name of another, directly or indirectly, knowingly and wilfully violating any pIOVI8lon punish-
In any .e1ectlon. able under this paragraph, it shall be fined not less than
(b) CandIdates, political committees, and political $1 0,000 and not more than $50,000. If it is a domestic
parties may not solicit contributions from any relIgious. entity, it may be ordered dissolved by 8 court of compe-
charitable, civic, or other causes or organizations tent Jurisdiction: If It is a foreign or nonresident business
established primarily for the public good. entity, Its right to do businesS In this state may be for.
14
F.8.2006
CAMPAIGN RNANCING
Ch. 106
106.082. Comml88loner of AgrIculture canc:lIdate8;
C8fIII*Ign contribution Ilmltl.-
(1) No business which is Inspected, licensed, or
otherwise authorized to do business as a food outlet or
convenience store pUrsuant to chapter 500; or any
director,. officer, lobbyist, or controlling Interest of that
business; and.no political committee or committee of
continuous existence representing the Interests of such
business shall make or solicit a contribution in excess
of $100, for any eleclion, to or on behalf of any candi-
date for the office of Commissioner of Agriculture. The
provisions of this s~n shall not prevent any can-
. dldate for the ofiIce of Commissioner of Agriculture or
members of that cand'ldate's Immediate family from
contributing to that candidate's campaign as otherwise
permitted by law. . .
(2) No candldate !or the office of Commissioner of
Agriculture may solicit or accept a campaign contribu-
tion In excess of $1 00 from any busi~ or person who
Is licensed or Inspected or otherwise authorized to do
business as a fooi:I o...t1et or corwenlence store pursu.
ant to ctw.pter 500; or any director, officer, lobbyist, or
controlling Interest of that person or business; or any
political committee or committee of continuous exlst- (b) Any executive committee found to have violated
enc8 that represents that person. the provisions of the oath or affirmation in this section
(3) No employee of the pepartment of Agriculture prior to receMng funds shall be Ineligible to receive the
may solicit a campaign contribution for any candidate rebate for that general election year.
for the office of Commissioner of Agrlculture from any (c) Any executive committee fol,loo to have violated
person or business who ~ licensed, inspected, or oth- the provisions of the oath or affirmation In this 88GtIon
erwise authorized to do business as a food outiet or after rec:eMng funds shall be Ineligible to receiVe the
corwenlence store pursuant to chapter SOO; or any reba~ from candidates qualifying for the following gen-
director, offtcer, lobbyist, or controlUng interest of that eral election cycle.
person: or any political cornmitteeor committee of con- (d) Any funds not dlsb1buted to the state or county
tinuous existence that representS that person. For pur- executive committee pursuant to this sectiori shaD be
poses of this section, "employee of the. department" deposlted II1to the General Revenue Fund oHhe state.
means any person employed In the Deparbnent of Agri- (2)(a) Any pollti98l committee or committee of con-
culture holding a position In the Senior Management t1nuous existence that accepts the use of public funds,
Service as defined In s. 110.402; any person hOldIng a equipment, personnel, or other resources to collect
. 15
felted. Any officer, partner, agent, attorney, or other
representative of a corporation, partnership, or other
business entity. or of a political committee, committee
of continuous existence, or pontlcal party who aids,
abets, advises, or participates In a violiltlon of any pro-
vision punishable under this paragraph commits a fel-
ony of the third degree, punlshable as provided In s.
n5.082, So nS.083, or s. n5.084. .
(8) Except when otherWIse provided In subsection
(7), any person who knowingly and willfully violates any
provision of this section sl'!all, In addition to any other
penalty prescribed bY this chapter, pay to the state a
sum equal to twice the amount contributed In violation
of this chapter. Each campaign treasurer Shall pay ell
amounts contrIbuteclin violation of this section to the
state for deposit In the General Revenue Fund.
(9) This sectiOn does not apply to the transfer of
funds between a primary campaign depository and a
savings account or certificate of depoSit or to any Inter-
est earned on such account or certificate.
..-,.........c:h. 7lI-1l!8;.. 8, c:h. 74400;.. 1, c:h. 77-174;...... c:h. 77-176;
L 1,011. '18-4OI;L8,c:h. 78-aB!l;..lI,c:h. 7&lJ78;L 7,c:h.85-22ll1L4,c:h.ll&-1S4;
e. 12, c:h. e&elllI" 83,48, ch.lllh115;L 8, ch. 8O<<l8;.. 11.c:h. 91-107\.. S42,
c:h.ll5-147;.. 3, elL 87.13; L 8, elL ll&-3I55;.. 'Zl. ch. 2llQ2.17;.. a. elL 2lDI-187;
.. 1. c:h.l!lI02.al1;..1I8. elL 2lI05471;.. .... ch. 2IJ05.27B; L 25, ch. ~
position in the Selected Exempt Service as defined in
s. 110.602; any person having authority over food out-
let or convenience store regulation, or Inspection
supervision; or any person, hired on a contractual
basis, having the power normally conferred upon such
person, by whatever title. .
(4) Any person who commits a willful violation of
this section commits a misdemeanor of the first degree.
punishable as provided In So nS.082 or s. n5.083.
......,....... 38. ch. "180; L 35, ch. 8N.
106.087 Independent expenditures: contribution
Umlte; I'eIIrIctIoM on poIltIc8I parties, poIIIIcal com-
mittees, and commltleee of continuous exIatence.-
(1 )(a) As a condition of receiving a rebate of filing
fees and party assessment funds pursuant to s.
99.061(2), So 99.092(1}, s. 99.103, or s. 103.121(1}(b),
the chair or treasurer of a state or county executive
committee shall take and subscribe to an oath or afflr-
. mation In writing. During the qualifying period for state
candidates and prior to distribution of such funds, a
printed copy of the oath or affInnatlon shall be filed with
the Secretary of State and shall be substantially In the
following form:
State of Aorida
County of-
Before me, an officer authorized to administer oaths,
personally appeared --"-Lo ~ me well known. who,
being sworn, says that he or she Is the ....lIIIIIL of the
InMla tI-"" ,_ Ill' __ QOUlM executive commit-
tee; that the executive committee has not made, either
directly or Indirectly, an lncIependent expenditure In
support of or opposition to a candidate or elected public
official in the prior 6 months: that the executive commit-
tee will not make, either directly or indirectly, an
Independent expeOOlbJre In support of or opposition to
a candidate or elected public official, through and
Including the upcoming aeneraI election; and that the
executive committee wit not violate the contribution
limits applicable to candidates under 8. 106.08(2), Ror-
Ida Statutes. .
,......... tI_1lIIil:8n
IAdmllsI
Sworn to and subscribed before me this _ day of
_ --br1lIIL., at _ County, Florida
IBImwIum Md.. tI alIk:Ilr.....iIIIsIIna oathl
Ch. 106
CAMPAIGN RNANClNG
F.S.2006
. dues from Its members agrees not to make Independ-
ent expenditures in suppOrt of or opposition to acandJ..
date or elected public official. However, expenditures
may be made for the sole purpose of jointly endorsing
three or more candidates. .
(b) Any political committee or committee of continu-
ous existence that violates this subsection is 1~1e for
a civil fine of up to. $5,000. to be detennlned by the Aor-
Ida Elections Commission or the entire amount of the
excend1tures, whichever is greamr.
~....... s. ell. 97-13: .. 1'" ell. 9N.
. .
106.09 Cash contribution. and contribution by
cashier'. checks.-
(1) A persori may not make or accept a: cash contri"
butIon or contribution by means of a cashier's check in
excess of $100.
(2)(a) AnY person who makes or accept$ a contri-
bution in excess of $1 00 In violation of this section com-
mits a misdemeanor of the first clegree, punishable as
provided In s. 775.082 or s. 775.083.
(b) Any person who knowingly and Willfully makes
or accepts a contribution in excess of $5,000 in viola-.
tIon of this section commits a felony of the third degree,
punishable as proylded in s. 775.082, s. 775.083, or s.
775.084.
......,.......11, ell. 73-128;.. 48. ell. 77-175;" 2. ell.lllJQl!.281.
108.11. Expenses of and expenditures by candI-
date. and poDtIcaI commltteea.-Each candidate and
each political committee which designates a primary
campaign depository pursuant to s. 106.021(1) shall
make expenditures from funds on deposit in such pri-
mary campaign depository only In the followlng 'man-
ner, with the exception. of expenditures made from
petty cash funds provided by s. 106.12:
(1 )(a) The campaign treasurer or deputy campaign
treasurer of a candidate or political comm. shall
make expenditures from funds on deposit in the pri-
mary campaign depository only by means of a bank
check drawn upon the campaign account of the candi-
date or political committee. The campaign account
shaI be separate from any personal or other account
and shall be U8edonly for the pulpOS8 of depositing
conb1butlons and making expenditures for the cand'1-
date or politii::al committee. .
(b) The checks for such aCcount shall contain, as a
. minimum, the foIlC?Wlng Information:
1. The statement "Campaign Account of .JIJImI.gI
_orlXllllcol_l .-
2. The account number and the name of the bank.
3. The exact amount of the expenditure.
4. The signature of the campaign treasurer or dep-
uty treasurer. . .
5. The exact purpose for which the expenditUre is
authorized.
6. The name of the payee. .
(2)(a) For purposes of this ~, debit cards are
considered bank checks, if:
1. Debit cards are obtained from the same bank
that has been designated as the candidate's or political
committee's primary campelgn depository.
2. Debit cards are issued in the name of the treas-
urer, deputy treasurer, or authorized user and state
"Campaign Account of I....... at -- rw _ mmmlt-
!ill- -
3: No more than three debit Cards are requested
and issued, .
4.. Before a debit card Is used, a list of all persons
authorized to use the card is fBed with the dMslon.
5. All debit cards issued to a canc:lldate's cam-
paign or a political co,mmittee expire no laterthan mid-
night of the last day of the month of the general elec-
tion.
6. The person using the debit card does not
receive cash as part of, or Independent of, any transac- .
tIon for goods or services.
7. All receiptS for debit card transacIIons contain:
a. The last four digits of the debit card number.
b. The exact amount of the expenditure.
c. The name of the payee.
d. The signature of the campaign treasurer, dep-
uty treasurer, or authorized user.
e. The exact purpose for which the expenditure is
authorized.
Any lnformatlon required by this 8ubparagraph but not
included on the debit card transaction receipt may be
handwritten on, or attached to, the receipt by. the
authorized user before submis8lon to the treasurer.
(b) Debit cards are i10J subject to the requirements
of ~ragraph. (1)(b).
(3) The campaign treasurer, deputy treasurer, or
authorized user who signs the check shall be responsI-
ble for the completeness and accuracy of the informa-
tion on such check ar:ld for Insuring that such expendi-
ture is an authorized expenditure.
(4) No candidate, campaign manager,. treasurer,
deputy treasurer, or political committee or any officer or
agent thereof, or any person acting on behalf of any of
the foregoing, shaJI authorize any expenses, nor-shaH
any campaign treasurer or deputy treasurer sign a
check drawn on the prtmary campaign account for any
purpose, unless there are sufficient funds on deposit In
the primary depository account of the candidate or
political committee to pay the full amount of the author-
ized expense, to honor all other checks drawn on such
account, which checks are outstanding, and to meet all
expenses previously authorized but not yet paid. H0w-
ever. an expense may be Incurred for the purchase of
goods or. services If there are sufficient funds on
deposit in the primary depository account to pay the full
amount of the Incurred expense, to honor all checks
drawn on such account. which checkB are outstandllJg,
and to meet all other expenses previously authorized
but not yet palcl, provided that payment for such goods
or services is made upon final deflVery and acceptance
of the goods or services; and an expenditure from petty
cash pursuant to the provisions of 8. 106.12 may be
authorized, if. there is a sufficient amount of money In
the petty cash fund 10 pay for such expenditure. Pay-
ment for credit card purchases shall be made pursuant
to s. 106.125. Any expense incurred or authorized in
excess of such funds on deposit shall, in addition to
other penalties provided by law, constitute a violation of
this chapter. As used in this 800sectlon, the term .suffi-
cient funds on deposit In the primary depository
16
F.S. 2005
CAMPAIGN FINANCING
.Ch.106
account of the candidate or political committee- means
that the funds at issue have been d~l1vered for ~
to the financial Institution at which such account is
maintained. The term Shall not be construecf to mean
that such funds are available for withdrawal in accord-
ance with the deposit rules or the funds availability poll-
cIe& of such financial Institution.
(5) A candidate. who withdraws his or her candl-
. dacy, becomes an unopposed candidate, or Is elimI-
nated as a candidate or elected to office may expend
funds from the campaign. account to:
(a) Purchase "thank yoU' advertising for up to 75
days after he 0( she withdraws, becomes unopposed,
or Is eliminated or elected.
(b) Pay for Items which were obligated before he or
she withdrew, became unopposed, or was eliminated
or elected.
(c) Pay for expenditures necessary to close down
the campaign office and to prepare final campaign
repo~. .
(d) Dispose of surplus funds as provided In s..
106.141.
1lIdI:try.-tl. ii, c:lL 73-128:.... c:lL 74200;.. 48,c:lL 77.175;..2,c:lL 78-C0S;
L IO,c:lL 7Nlll5; ,,"c/l.8H28;L 13,c:lL__s.14,c:lL 81-107;.. 843,c:h.
85-147; L 215, c:lL 2llllII-17; .. 4, c:h. 2llllII-1117.
106.12 Petty cash funds aDowed.- .
(1) Each campaign treasurer designated pursuant
to 8. 106.021 (1) for a candidate or political committee
Is authorized to ~raw from the primary campaign
account, untl the close of the last day for qualifying for
office, the amount of $500 per calendar quarter report-
ing period forthe purpose of providing a petty caSh fund
for the candidate or political committee.
(2) following the close of the last day for qualifying
and until the last e1ec11on In a given election period in
which the poUtical committee participates, the cam-
paign treasurer of each political committee Is author.
Ized to withdraw the following amount each week from
the primary depository campaign account for the pur-
pose of providing a petty cash fund for the political c0m-
mittee, and, following the close of the last day for quali-
fying and until the election at which such candidate is
eliminated or eIecIed to office, or the time at which the
candidate becomes unopposed, the campaign treas-
urer of each candidate Is authorized to withdraw the fol-
lowing amount each week f\'om the primary depositOry
campaign account for the purpose of provklng a petty
cash fund for the candidate: .
(a) For all candidates for nomination or election on
a statewide basis, $500 per week.
(b) For all other candidates and all political commit-
tees, $100 per week. . .
(3) The petty cash fund so pl'OVlded shall be spent
only In amounts less than $100 and only for office sup-
plies, transportation expenses, and other necessities.
Petty cash shall not be used for the purchase of time,
space, or services from communications media as
defined in s. 106.011(13l.
tIltdary.-. 12, ch. 73-128; .. 4a. c:lL 77-175; .. lI. c:lL 8&4!26; .. 5, c:lL
2lXlZ-18t. .
created to support or oppose any candidate for state-
wide office or to s~rt or oppose any statewide issue
may obtain, arid ueeln m81cing traveI.reIated campaign .
expenditures, credit cards. The obtention and use of
credit cards by any such candidate or political commit-
tee shall be subject to the following conditions:
(1) Credit cards may be obtained only from the
same bank which has been designated as the candi-
date's or political committee's primary campaign
depository. .
(2) Credit cards shall be In the name of the candi-
date or pOlitical committee and shall reflect that the
account is a campaign account.
(3) Before a credit card may be used, a copy of the
agreement or contract between the candidate and the
bank, or the poltlcal committee and the bank, and a list
of all persons who have been authorized to use the
card shall be filed with the Secretary of State.
(4) . All credit cards issued to candidates or political
committees shaD expire no later than midnight of the
last day of the month of the general election.
(5) .Each statement rendered by the issuer of a
credit card shall be paid upon receipt.
(6) Campaign travel-related expenditures shal.1
Include transportation, lodging, meals, and other
expenses Incurred In connection with traveling for cam-
paign purposes.
ThIs section shall not be deemed to preclude the use of
advance payments by a check dra~ on the primary
depository account for travel-related expenses. The
treasurer shall require an accounting of actual
expenses and reconcile any overpayment or
underpayment to the original payee.
HiaIy.-. 11. c:lL 7Nlll5;.. 2, c:lL 85-1M. .
106.14 Utilities; deposits; prior euthorIzaUon.-
(1) UtIlity companies providing utilities services to a
candidate or political committee shall charge a deposit
sufficient to meet all anticipated charges during a biDing
period.
(2) Authorization and payment for utilities used dur-
ing the billing period must be made by the candidate or
political committee when the bill Is received from a util-
ity company. .
....,..:.... 1~c:lL 73-1. L48, c:lL 77-175; s. 5, c:h. 78-403; .. 58, c:lL 79-400;
.. 2, c:lL 85<<l; .. 14, c:lL lllW!58. .
106.1405 U.e of campaign fund8.-A candidate or
the spouse of a candidate may not use funds on
deposit In a campaign account of such candlclate to
defray normal living expenses for the candlclate or the
candidate's family, other than expenses actually
incurred for transportation, m8a1s. and lodging by the
candidate ora family member during travel in the
course of the campaign.
HIelaoy....... .. c:lL 77-175: i. 53, c:h. 81-250; L 844. dr. 85-147; .. 1Q, c:h.
117-13. .
106.141 Dlaposltlon of surplus funds by candi-
dates.-
(1) Each candidate who withdraws his or her candi.
.. dacy, becomes an unopposed candidate, or is e11m1-
1 O~_125 Credit cards; condl~lons on use.-Any nated as a candidate or elected to off'lC8 shall. within 90
candidate for statewide office or any polmcal committee days, dispose of the funds on deposit In his or her earn-
17
Ch. 106
CAMPAIGN FlNANCMG
F.S. 2005
paign account and file a report reflecting the disposition
of till remaining funds. Such candidate 8haII not accept
any contributions, nor shall any person accept c0ntribu-
tions on behalf of such candidate, after the candidate
withdraws his or her candtdacy, becomes unopposed,
or. Is eliminated or elected. However, If a cancfldate
receives a refund check after aU surplus funds have
been disposed of, the check may be endorsed by the
candidate and the refund disposed of under this sec-
tion. An amended report must be filed showing the
refund and subsequent disposition.
(2) Any candidate required to d'l8poee of funds pur-
suant to this Section may, prior to such disposition, be
I'8Imbursed by the campaign, In fun or In part, for any
reported contributions by the candidate to the cam-
paign. .
(3) The campaign treasurer of a candidate who
withdraws his or her candidacy, becomes.unopposed,
or Is eliminated as a candidate or elected to office and
who has funds on deposit in a separate Interest-
bearing account or certificate of deposit shall, within 7
days after the date of becoming unopposed or the date
of 8uch withdrawal, elimination, or election, transfer
such funds and the accumulated Interest earned
thereon to the campaign acCount of the candidate for
disposal under this section. However, if the funds are in
an account In which penalties will apply for withdrawal
. within the 7o(jay period, the camp8ign treasurer shall
transfer such funds and the accumulated Interest
earned thereon as soon as the funds can be withdrawn
without penalty, or within 90 days after the canc:fldate
becomes unopposed, withdraws his or her caridldacy,
or is eliminated or e1ec18d, whichever comes first.
(4)(a) Except 88 provided In paragraph (b), any
candidate required to dispose of funds pursuant to this
section shall, at the option of the candidate, dispose of
such funds by any of the following means, or any com-
blliatlon thereof:
..1. Return pro rata to each contributor the funds
that have not been spent or obligated.
2. Donate the funds that have I'IOt been spent or
obligated to a char1fabIe organization or organizations
that meet the quallflca1lons of s. 501 (c)(3) of the Inter-
nal Revenue Code.
3. Give not mOre than $10,000 of the funds that
have not beeJ:t.spent or obligated to the pofdical party of
which such c&ndidate Is a member, except that a candi-
date for the Aorfda Senate may give not more than
$30,000 of such funds to the political party of which the
candidate Is a member. .
4, Give the.fLI1ds that have not been spent or obli-
gated:
a. In the case of a candidate for state office, to the
state, to be deposited In either the 1Sectlon Campaign
Financing Trust Fund or thE! General Revenue Fund, as
designated by the candidate; or .
b. In the cue of a candidate for an office of a politi-
cal subdivision, to such political subdivision, to be
deposited In the general fund thereof. .
(b) Any candidate required to dispose of funds pur-
suant to this section who has received contributions.
from the 1Election Campaign FInancing Trust Fund
shall return aD surplus campaIgn funds to the 1Election
Campaign FInancing Trust Fund.
(5) A candidate elected to office or a candidate who
wiD be elected to office by virtue of his or her being
unopposed may, in addition to the disposition methods
provided in subsection (4), transfer from the campaign
account to an office account any amount of the funds
on deposit In such campaign account up to:
(a) Twenty thousand dc)IIars, for a candidate for
statewide office. .The Govemor and lieutenant Gover-
nor shan be considered separate candidates for the
pwpose of this sectl9n.
(b) Five thousand dollars, for a candidate for
multicounty office.
(c) Five thousand dollars multiplied by the number
of years In the term of office forwhich elected, for a can-
didate for legislative office.
(d) Two thousand five hundred c16nars multlpllEid by
the number of years In. the term of office for which
elected, for a Candidate for county office or for a ~
date in any election conducted on less than a
countywide basis. .
. (e) Six thousand dollars, for a candidate for reteIl-.
tion as a justice of the Supreme Court. .
(1) Three thousand dollars, for a candidate for
retention as a judge of a district court of appeal.
(g) One thousand five hundred dollars, for a candi-
date for county court judge or circuit judge.
The office account established pursuant to this subsec-
tion shall be separate from any personal or other
account. Any funds 80 transferred by a candidate shall
be used only for legitimate expenses in connection with .
the candidate's public office. Such expenses may
Include travel expenses IncWTed by the officer or a staff
member, personal taxes payable on office account
funds by the candidate or elected public official, or
exp~ Incu~ in the operation of his or her office,
Including the employrhent of additional staff. The funds
may be deposited In a savings account; however, all
deposits, withdrawals, and Interest eamed thereon
shall be reported at the appropriate ~ period. If
a candidate is reelected to office or e to another
offtce and has funds remaining In his or her office
account, he or she may transfer surplus campaign
funds to the office account. M. no time may the funds in
the office account exceed the Imitation Imposed by this
subseCtIon. Upon leaving pubDc office, any person Who
has funds In an office actount pursuant to this subs~
tion remaining on dqposit shall give such funds to a
charitable organization or organizations which rn8etthe
requirements of s. 501 (c)(3) of the Internal Revenue
Code or, in the case of a state officer, to the state to be
deposited in the General Revenue Fund or, In the case
of an officer of a poIlt1caJ subdivision, to the poIItlcaI
subdivision to be deposited In the general fund thereof.
(6) Prior to disposing of funds pursuant to subsec-
tion (4) or transferring funds Into an office account pur-
suant to subsection (5), any candidate Who filed an
oath stating that he or ihe was unable to pay the elec-
tion assessment or fee for verification of petition signa-
tures without imposing an undue burden on his or her
personal resources or on resources otherwise avail-
able to him or her, or who flied .both such oaths, or who
qualified by the petition process and was not required
18
F.5. 2005
CAMPAIGN FINANCING
Ch. 106
to pay an eleclion assessment, shall reimburse the
state or local governmental entity, whichever Is applica-
ble, for such WaIved assessment or fee or both. Sqch
relmbulS8Rl8nt shall be made first for the cost of peti-
tion verification and then, If funds are remaIning. for the
amount of the election assessment If there are insuffi-
cient funds In the account to pay the full amount of
either the assessment or the fee or both, the remaining
funds shall be disbursed In the above manner until no
funds remain. All funds disbursed pursuant to this sub-
section shall be remitted to the qualifying officer. Any
reimbursement for petition verification costs which are .
reimbursable by the state shall be forwarded by the
qualifying officer to the t!t8te for deposit In the General
Revenue Fund. AI reimbursements for the amount of
the election assessment shall be forwarded by the
qualifying officer to the Department of State for deposit 106.143 Political advertisements circulated prior
in the General Revenue Fund. to electiOn; requlremente.-
(7)(a) Any candidate reqtired to dispose of cam- (1 )(a) Any political advertisement that is paid for by
paJgn funds pursuant to this section shall do so within a candidate and that Is published, displayed, or circu-
the time required by this section and shaD, on or before lated prior to, or on the day of, any election must promi-
the date by which such disposition is to have been n8ntly state:. .Polltlcal advertisement paid for and
made, file with the officer with whom reports are approveclby _of_1II1 , 1_.........1 . for...15lllllll
required to be fled pursuant to s. 106.07 a form pre- 1!lIIlItL-- .
ecl1bed by the DIvIsIon of Sections listing: (b) Any other political advertisement published,
1. The name and addi'ess of each person or unit of displayed, or circulated prior to, or on the day of, any
govemment to whom any of the funds were distributed election must promine~
and the arnooots thereof; 1. Be marked "paid political advertisement" or with
2. The name and address of each person to whom the abbreviation "pd. pol. acIv:
an expenditure was made, togeth8r with the amount . 2. State the name and address of the persons
thereof and purpose therefor; and . .................tng the advertlsem nt
3. The amount of such funds transferred to an ....,...-.n. e .
office account by,the caOdIdate. togetherwlthth,name 3.8.(1) State whether the advertisement and the
and address of the bank in which the office account is cost of production Is paId.for or provided In kind by or at
located. . the expense of the entity plKliishlng, 'dIsplaying, tiroad-
casting, or circulating the political advertisement; or
===~~~~~~= m~~:~~=,~dC:':~~e::
pursuant to s. 106.07. of sponsorship. .
(b) The flUng officer shall notify each candidate at b. This subparagraph does not app\y if the source
least 14 days before the date the report Is due. of the sponsorship Is patent\y clear from the content or
(c) Any candidate falling to file a report on the des- fonnat of the political advertisement
ignated due date shall be subject to a fine as provided This subsection does not apply to campaign messages
In s. 106.07 for sWmltting late termination reports. used by a candidate and the candidate's supporters If
(8) Any candidate elected to offtce who transfers
surplus campaign funds Into an office acco!,Jnt pursuant those messages are designed to be wont by a person.
to subsection (5) shall file a report on the 10th day fol. (2) Any. political advertisement of a candidate run-
lowing the end of each calendar quarter until the ning for partisan office shall express the name of the
account Is closed. Such reports shall contain the name political party of which the candidate is seeking nomi-
and address of each person to whom any disburse- nation or Is the nominee. If the candidate for partisan
ment of funds was made, together with the amount office Is running as a candidate with no party affiliation,
thereof and the purpose therefor, and the name and any political advertisement of the candidate must state
address of any person from whom the electscf candl. that the candidate has no party affiliation.
date received any refund or reimbursement and the (3) It is unlawful. for any candidate or person on
amount thereof. Such reports. shall be on forms pre- behalf of a candidate to represent that any person or
scribed by the DIvIsion. of Elections, signed by the organization supports such candidate, unless the per-
elected candidate, certified as true and conect, and son or organlza~ so represented has given specific
filed with the offlC8l' with whom campaign reports were approval in writing to the candidate to make such rapre-
filed pursu~ to s. 106.07(2). sentatiOf'l. However, this subsection does not apply to:
(9) Any candidate, or any person on behalf of a (a) Editorial endorsement by any newspaper, racflO
candidate. who accepts contributions after such candi- or television station, or other recognized news medium.
date has withdrawn his or her candidacy, after the can- (b) Publication by a party committee advocating 'the
didate has become an unopposed candidate, or after candidacy of Its nominees.
19
the candidate has been elmlnated as a candidate or
elected to office commits a misdemeanor 6fthe first
degree, punlshabl.e as provfded In s. 775.082 or s.
775.083. .
(10) Any candidate who Is required by the provlsions
of this section to dispose of funds In his or her cam-
paign account and who fails to dispose of the funds In
the manner provided In this section commits a misde-
meanor of the first degree, punishable as provided In s.
775.082 or S. 775.08S.
HiNIY....... so. c:h. 77-17!;.. 8, c:h. 784711:" eo. c:h. 7ll-4OO;..2, c:h.1JO.2ll2;
.. 54. ch. 814511; ..28, CIL 81404;.. 1. ch. 82-404;.. 38, c:h.lI44lII!;.. 10. c:h.
ll5-Zl8; a.2,c:h. 81-7;.. 2, c:h.e&.278; ..11.ch. 87-383;.. 15, c:h. 88458;;.. 34,
c:h. 8lMI'Is;.. 15, c:h. 81-107;"1146, en. .'<0;.. 15, 18, 53,ch.1I7-1lt;.. 8, c:Il.
2OlII!-187; .. 2lI, dI. 2Oll44llI2;.. 7lI, c:h. 2OQS.277.
'Nme.-1l1a tnIIt flnllIIqlhd, eIIiIcllva NovIntl8I' 4, 1llll8, by apelllllon of..
18(1). Art. III 01.. SlIIIe CaneII\UIIan.
Ch.106
CAMPAIGN FINANCING
F.S. 2005
(2) If political campaign advertisements are not
removed within the specified period, the pofitlcal subdi-
vision or governmental entity has. the authority to
remove such advertisements and may charge the can-
didate the actual cost for such removal. Funds c0l-
lected for removing such advertisements shall be
deposited to the general revenue of the politlcalsubdl-
vision. .
(3) Pursuant.to chapter 479, no political campaign
advertisements shall be erected, posted, painted,
tacked, nailed, or otherwise displayed, placed, or
located on or above any state or county road rlght-of-
way.
(4) The officer before whom a candidate qualifies
for office shall notify the candidate, in writing, of the pr0-
visions in this section. .
(5) ThIs provision does not preclude municipalities
from imposing additiOnal or more stri!1gent require-
ments on the usage ~ remQval of political campaign .
advertisements.
H~ 1. ch. 84-221; L l!O, ch. 84-OOl2; .. 14, ch. 87-224; L 847, ch.
&5-147.
(4)(a) Any political advertisement, including those
paid for by a political party. oth~r than an indePendent
expenditure, offered by or on behalf of a candidate
must be approved In advance by the candidate. Such
political advertisement must expressly state that the
content of the advertisement was approved by the can-
didate and must state who paid for the advertisement
The candidate shall prOvIde a written statement of
authorIzatiOn to the newspaper, radio station, television
station, or other medlum for each such advertisement
submitted for publication, display. broadcast, or other
distribution.
. (b) Any person who makes. an rndependent
expenditure for a political advertisement shall provide a
written statement that no candidate has approved the
advertisement to the newspaper, radio station, televi-
sion station, or other medium for each such advertise-
ment submitted for publication. display, broadcast, or
other distribution. The advertisement must also contain
a statement that no candidate has approved the adver.
tisement. .
(c) This subsection does not apply to campaign
messages used by a candidate and his or her support-
ers if those messages are designed to be worn by a 106.1437 Miscellaneous advertlsements.-Any
person. .. advertisement, other than a political advertisement.
(5) No pofrtical advertisement of a candidate who Is Independent expenditure, or e1ectkmeer!ng conmuni-
not an Incumbent of the office for which the candidate cation, on billboards, bumper stickers, radio. or telev1-
is running shall use the word "re-eIect.M Additionally, sIon. or In a newspaper, a magazine, or a periodical.
such advertisement must Include the word .for" intended to influence public policy or the Vote of a pub-
betWeen the cancIIdate's name and the office for which lie official, shal clearly designate the sponsor of such
the candidate Is running, In order that incumbency Is . advertisement by Including a clearly readable. state-
not implied. This subsection does not apply to bumper rnent of sponsorship.' If the advertisement Is broadcast
stic:kei's or Items designed to be worn by a person. on tel&vislon, the advertisement shall also contain a
(6) This section does not apply to novelty Items verb8I statement of sponsorship. This section shall not
having a retail value of $10 or less which support, but aDDIv to an editorial endorsement. .
do not oppose, a candidate or Issue; .HleIOr,...... 811, ch. 80-315; .. e. ch. l!OO4-2l2.
(7) Any political adVertIsement which is pubDshed.
displayed, or producec:l in a language other than Eng-
lish may provide the Information required by this sec:-
tion in the language used In the advertlsement.
(8) Any person who willfully violates any provision
of this section is subject to the civR penalties prescribed
in s. 106.265.
......,........ ch. Hll7O, 1861; L '. ch. 81-1.o1a; ..21, ch. 85479;.. Sl, Gh.
71.1lll1i L 30, ch. 7$-128; L 52, ch. n:-17&;"3O, ch. 81~.. '" ch. 8M5ll;
..lll5. ch.8O-315;.. 18, ch. 91-107; L 848, ell. 950147;..17. ch. 87-13; L 18, ch.
ll80318; L !l. ch. 2lIOWIIIl!.
NaIL Famw.. 1Q4.37.
106.1439 Electioneering communications; dls-
clairners.- .
(1) Any electioneering communication shall prom!-
. nently state: "Paid electioneering communication paid
forby IN",..und~a1__Iar"--\ ." .
(2) Any person who falls to Include the disclaimer
prescnbed In this section in any electioneering commu-
nication that is required to contain such disclaimer com-
mits a misdemeanor of the first degree. punishable as
provided in s. 775.082 or s. 775.083. .
....,........ 7. ell. 21104-2!12.
106.1435 Uaageand removal of political campaign
adv8rtII(1) :~Idate, whether for a federal, state, 108.147 .Telephone solicitation; disclosure
requirements; prohibitions; exemptions; penalties.--
county, or district office, shall mak8 a good faith effort (1)(a) Any telephone call supporting or opposing a
to remove all of his or her political campaign advertlse- candidate, elected public official, or ballot proposal
ments within 30 days after: Id ntify th IzatI _..-..
(al WI1hdrawaJ of his or her candidacy; must e e persons or organ ons SJoAll.......N.g
(b Ha... I' i the call by stating either: "paid for by_M (Insert name
,v,ng been e 1m nated as a candidate; or of persons or organizations sponsoring the call) or
(c) Being elected to office. "paid for on behalf o~" (Insert name of peI'8OI1S or
However. a candidate Is not eXpected to remove those organizations authorizing call). This paragraph ~
political campaign advertisements which are In the not apply to any telephone call in which both the Indlvid-
form of signs used by an outdoor advertising buSIness ual making the call is not being paid and the IndIVIduals
as provlcled In chapter 479. The provisions herein do participating in the call know each other prior to the call.
not apply to political campaign advertisements placed (b) Any telephone call conducted for the purpose of
on motor vehicles or to campaign messages designed polling respondents concerning a candidate or elected
to be worn by persons. public offtclal which Is a part of a series of like telephone
20
. .
F.S. 2006
CAMPAIGN FINANCING
Ch. 108
2. TIle name. address. and telephone number of
the person or ol1l1anlzatlon conducting business In this
state as specified in subsection (1).
(b) The person or organization conducting busl~
ness In this state as specified In subsection (1) must
.immedlately notify the dMslon of any changes In the
Infonnatlon requir8d in paragraph (a);
(4) Any p8rson or organization that violates this
section commits a misdemeanor of the first degree,
punishsble 88 JHO'iided in s. 775.082 or s. 775.083.
HIataIy....... 19. dI. 97.13.
calis that consists of fewer th8n 1.000 completed calls
and averages more than 2 minutes In duration Is pre-
sumed to be a politleal poll and not subJecfto the provi-
sions of paragraph (a). .
(e) No telephone call shall state or Imply that the
caller represents any person ~ organization un.less the
person or organization. so represented has given spe-
cific approval In writing to make such representation.
(eI) No telephone call shall state or Imply that the
caller represents a nonexistent person or organization.
(2) Any telephone call, not conducted by Independ-
ent expenditure, supporting or opposing a candlc1at8 or 106.15 Certain acts prohlblted.-
ballot proposal, requires prior written authorization by (1) No person shall.pay money or give anything of
the cancIkIate or sponsor of the ballot proposal that the value for the prIvli~e of speaking at a political meeting
call supports. A copy of such written authorization m~st in the furtherance of his or her candidacy, nor shaD any~
De placed on file with the qualifying officer by the candl~ one speaking fdr such a person pay money or give any--
date or sponsor of the ballot proposal prior to the time thing of value for such privilege.
the calls commence. (2) No candidate, In the furtherance of his or her
(3)(a) Any person who willfully violates any provio-. candidacy for nomination or election to public office in
slon of this section cOmmits a misdemeanor of the first any election, shall use any state-owned aircraft or
degree, punishable.as provided In s. 775.082 or s. motor vehicle, as provided in chapter 287. solely for the
77S.083. . purpose of furthering his or her candidacy. However, In
(b) For purposes of paragraph (a), the. tenn "per- the event a candidate uses any state-owned aircraft or
son" Includes any candidate; any officer of any political motor vehicle to conduct official state buslness and
committee, committee of continuous existence, or polit- while on such trip perfonns any function In the further~
leal party executive' committee; any officer, partner, ance of his or her candidacy for nomination or election
attorney, or other repreeetitative of a corporation. part~ to public office In any election, the candidate shall pro-
nershlp, or other business entity; and any agent or rate the expenses Incurred and reimburse the appropri-
other person acting on behalf of any candidate, po1ltlcal ate agency for any trip not exclusively for Slate busl-
committee, committee of continuous existence, poIit1-. ~ and shall pay either a prorated share of all fixed
caI party executive committee, or corporation, partner. and variable expenses related to the ownership, opera-
ship, or other business entity. tlon, and use of such aircraft or one-haIf of the total
tMIly...... 18, dI. 97.1& fixed and variable expenses related to the ownership,
operation, and use of such aircraft, whichever Is
greater. The reimbursement shall be made from the
campaign account of the candidate.
(3) A candidate may not, In the furtherance of his or
her candldaey for nomination or election to public office
in any election, use the services of any state, county,
municipal, or district officer or employee during working
hours.
(4) No person shall make and no person shall
solicit or knowingly ~ any political contribution in
a building owned by a governmental entity. For pur-
poses of this subsection, "accept" means to receive a
contribution by personal hand delivery from a contribu-
tor or the ~ntrlbutor's agent ThIs subsection shall not
apply when a govemment-owned building or any por~
tIon thereof is rented for the specific purpose of holding
a campaign fund raiser.
(5) Any person violating the provisions of this sec-
tion commits a misdemeanor of the first degree, pun-
Ishable as Drovided In s. nS.082 or s. nS.083.
1hDJ........ 1~ ch. 73-128; So 9. ch. 74400; ..1, ch. 77-174; So 51, elL 77-17&;
So 81. ch. 78-400; ..81. ch. 8H11l4; ..28, elL 8lHIf7; So l!, ch. 8S-Sl)4; ..18, ch.
91-45; So 17. ell. 81-101; So 848, dI. 115-147;.. 2, c:h. 97" So 7, elL 2llOa-197.
106.t475 Telephone soIlc1tat1onj registered agent
requlrementsj penaIty.- .
(1) Any person or organization that conducts any
business in this state which consists of making paid
telephone calis supporting or opposing any candidate
or elected public official must, prior to conducting such
business; have and continuously maintain, for at least
180 days following the cessation of such business
activities In the state, a registered agent for the purpose
of any service of process, notice, or demand required
or authorized by law and must file with the dMslon a
notice of such regIStered agent. Such raglstered agent
must be an IndMdual who Is a resident of this slate, a
domestlc.corporatlon, or a foreign corporation author~
!zed to do buslness'ln this state. However, this subsec-
tion does not apply to any person. or organization
already lawfuUy registered to conduct business In this
state.
(2) For purposes of this section, conducting busi-
ness In this state as specified In subsection (1) Includes
both placing telephone calls from a location In this state
and placing telephone calls from a locatI9n outside this
state to Individuals located In this state.
(3)(a) The division shall create and maintain fonns
for the notice 19CJulred by subsection (1), which, at a
minimum. must elicit all of the foUowIng information:
1. The name. address. and telephone number of
the registered agent.
,
Ch. 106
CAMPAIGN FINANCING
F.S.2005
casts In a county, at ~ rate In excess Of that charged
another political candidate. .
1IlIIDIy...... 18. ch. 73-128; L 55. ch. 77.175: L 18, ch. Jl9.Sll.
10&.161 Air time aVII11abIe at the lowest unit rate.-
To the extent permltl8d by federal law, .a11 broadcast
radio and television stations and an cable television sta-
tions shall make air time available to candidates tor
public office at the lowest unit rate.
HIIIuIy..... 35, ch. 91-107.
106.165 Use of cIo8ed captioning and descriptive
narrative In all teleYlelon broeclcut8.-Each candi-
date, political party, and political committee must use
closed captioning and descl1ptlve narrative In all televi-
sion broadcasts ragulated by the Federal Communica-
tions Commission that are on behalf of, or sponsored
by, a candidate, poiltlcai party, or political committee or
must file a written statement with the qualifying officer
setting forth the reasons for not doing so. FaIlure to file
this statement with the appropriate qualifying officer
constitutes a violation of the Florida ElectIon Code and
18 under the jurisdiction of the Florida EI8ctIons C0m-
mission. The Department of State may adopt rules In
accordance with I. 120.54 which are necessary to .
administer this section.
....,..... 7. ch. 2I:J02.Q81;.. 71. elL 2f>>5.m.
~LlI8.1l!2.
106.17 Polls and 8U~8 r.laUng to candldaclel.
Arr/ candidate, political committee, or state or county
executive committee of a political party may authorize
or conduct a political poD, survey. index, or measure-
ment of any kind relating to candidacy for public office
so long as the candidate, political committee, or politi-
cal party m81nta1nscomplete Jurisdiction over the poll in
all Its aspects.
......,....... 17, ch. 73-128; So 1, ch. 77-174; L!Ill, ch. 77-175:10 32. ch. 81-304.
106.18 When a candidate's name to be omitted
from baIIot.-
(1) The name of a candidate shall not be printed on
the ballot for an.election if the candidate Is convicted of
violating s. 106.19. .
(2) Arr/ candidate whose name Is removed from
the ballot pursuant to subseCtiOn (1) is disqualified as a
candidate for offIc8.lfthe disqualification of such candI-
date results In a vacancy in nomination, such vacancy
shall be filled by a ~n other than such candidate In
the manner provided by law.
(3) No certificate of election shall be granted to any
candidate untlJ all preelecUon reports required by s.
106.07 have been filed In accordance with the provi-
sions of such section. However, no candidate shall be
prevented frOm receMng a certificate of election for fail-
ure to file any CODY of a report required by this chaoter.
HI8kIry....... 18, ch. 13=128; L St, ch. 77-175; I. 11, ch. ll542lI; I. if. ch.
9CJ.31l1; L ll. ch. ~
agent or person acting on behalf of any candidate or
political committee; or other person who knowingly and
willfully:
(a) Accepts a contribution In excess of the limits
prescribed by 8. 1 Q6.08;
(b) Fails to report any contrI:)utlon required to be
reported by this chapter;
(c) Falsely reports or deliberately falls to Include
any Information required by this chapter; or
(d) Makes or authorizes any .expendlture in viola-
tion of s. 106.11 (4) or any other expenditure prohlbitad
by this chapter;
is guilty of a misdemeanor of the first degree, punish-
able as provided in s. 775.082 or s. 775.083.
(2) Any cancIIdat8, campaign treasurer, or deputy
trusurer; any chair, vice chair, or other officer of any
political committee; any agent or person acting on
behalf of any candidate or poIltic8I committee; or any
other person who vi~ paragraph (1)(a), paragraph
(1)(b), or paragraph (1)(d) shall. be subject to a civil
penalty equal to three times the amount involved in the
Illegal act. Such penalty may be In addition toth$ penal-
ties provided by subsection (1) and shall be paid into
the General Revenue Fund of this state.
(3) A polmcal committee sponsoring a constitu-
tiOnal amendment proposed by initiative which submits
a petition form gathered by a paid petition circulator
which does not provide the name and address of the
paid petition cl~lator on the form Is subject to the cMI
penalties prescribed in s. 106.265. .
IliIIDry.-s. 19, ch. 73-1. L St. ch. 77-175: L 82. ch. 7lI-4OO: L 12, elL
01-107: L 840, ell. lI5-1Q: .. 24, ~ ch. 97-13; L 8, ch. 2llO2-197.
106.191 Signatures gathered for Initiative petition; .
effect of ch. 97-13..--AnY signature gathered on an
authorized tonn for an Initiative petition by a paid peti-
tion circulator which has been submitted prior to the
effective date of this act may be kept and counted, if
otherwise valid, and that foon Is not requited to have
the name Bnd address of the paid peUtJon circulator,
nor Is any such signature. affected by the prohibition
against filing an undue burden oath in lieu of paying the
fee to have signatures verified, as provided by this act.
However, any slgnalure gathered on or after the effeo-
tlve date of this act is subject to the provisions of this act
and, if payment Is made to any person to solicit signa-
tures after the effe<:IIve date of this act, an undue bur-
den oath may not be filed In lieu of payilg the fee to
- have IlgnatureS verified. In addltion, any Initiative peti-
tion form approved by, the Secretary of State prforto the
effective date of this act may eontInue to be circulated.
1IMDIy....... 25, ch. 97-13.
108.21 Certlftcatea of elecHon not to be issued
upon convlctlon.-
(1) If a successful candidate Is convicted of violat-
ing s. 106.19(1) prior to the lssuanc::e of his or hercertifl-
106.19 Violations by candidates, persons con- cate of election, such certificate shall not be issued,
nected with Campaigns, and political commlttees.- and a vacancy shall be declared and fined as provided
(1) Any candidate; campaign manager, campaign by law. .
treasurer, or deputy treasurer ot any canc:fJdate; com- (2) If a successful candidate Is convicted of vloIat-
mIttee chair, vice chair, campaign treasurer. deputy ing s. 106.19(1) subsequent to the issuance of a certifl-
treasurer, or other officer of any political committee; cate of election blit prior to taking office. 8uch certificate
22
F.s. 200&
CAMPAIGN FINANCING
Ch. 106
shall be rescinded by the . Issuing body and declared
vold, and a vacancy in office shall exist and be fined as
provided bv law.
HIIIDrJ.......~il,l:h. ".128; L ~.l:h. 77-178; L IliIa, l:h.1I5-147.
108.22 Duties of the DIvIsion of Elections.-lt is
the duty of the DIvIsion of Elections to:
(1) Prescribe forms for statements and other infor-
mation required to be filed by this Chapter. Stich forms
shall be fur$hed by the Department of State or ofIlce
of the supervisor of elections to peISOI'l8 required to file
sUch statemen18 and Information with such agency.
(2) Prepare and publish manuals or brochUIeS set-
ting forth recommended unlfonn methods of bookkeep-
Ing and reporting, and Including appropriate portions of
the election code. for ... by persons required by this
chapter to file statements.
(3) Develop a filing, coding, and cross-indexing
system consonant with the purposes of this chapter.
(4) Preserve statements and other Information
required to be filed with the division pursuant to this
chapter for a period of 10 yeaJS from date or receipt.
(5) Prepare .and publish such reports as it.may
deem appropriate.
(6) Make, from time to time. audits and fteld Investi-
gations with respect to reports and statements filed
under the provisions of this chapter and with respect to
alleged falluAl8 to file any report or statement required
under the provisions of this chapter. The division shall
conduct a post8lectIon audit of the campaign accounts
of all candidates receiving contributions from the
'E1ection CampaIgn FInancing Trust Fund. .
f7} Report to the Rorlda Bectlons Commission any
faDW'8 to file a report or Information requIred by this
chapter or any apparent violation of this chapter. .
(8) Employ such personnel or contract for such ser-
vices as are necessary to adequately carry out the
Intent of this chapter.
(9) Prescribe rules and regl.datlons to carry out the
provisions of this chapter. Such rules shall be pre-
scribed pursuant to chapter 120.
(10) Conducl: tandom audits with respect to reports
and statements filed under this chapter and with
respect to alleged failure to file any reports and state-
ments required under this chaDter.
"'*".......22,l:h. 73-12ll;..~.l:h.77-115;..,3,l:h. 7N85:.....l:h.B+254;
.. 3.l:h. 8lI-2'I6: L lI, l:h. lIO<l38; L 46, l:h. 97-13; .. 7, l:h. 2001-75; L 72. l:h.
2IIllI5-277.
tNDel.-1be IrUIl fIrd..... lIIIecl1ve Nuownber",1l1ll8, by cpenIIIon 01..
111(1J, An. In all'- SIlIIe CcinIlIdcIn.
106.23 Powers of the Division of Electlons.-
(1) In order to carry out the responsibilities pre-
scribed by s. 106.22, the DivisIon of Elections is
empowered to subpoena and bring before its duly
authorized represenlatlves any person in the state, or
any person doing business in the stale, or any person
who has filed or Is required to have filed any applica-
tion, document, papers, or other information with an
office or agency of this state or a political subclMsion
thereof and to require the production. of any papers,
books, or other records relevant to any investigation,
including the records and accounts of any bank or trust
company doing business In this sta~. Duly authorized
representatIVes of the dMslon are empowered to
administer all oat~ and affirmations in the manner pre-
scribed by law to witnesses who $haII appear before
them co.ncemlng any i'elevant matter. Should any wit.
ness fail to Al8pond to the lawful subpoena of the divi-
sion or, having .respondedi fall to answer all lawful
Inquiries or to turn over evidence thai has been sub-
poenaed, the division .may file a complaint before any
circuit court of the state setting up such failure on the
part of the witness. On the fling of such complaint, the
court shall take jurisdiction of the witness and the sub.
ject matter of said complaint and shall direct the wit-
ness to respond to all lawful questions and to produce
all documentary evidence In the witness's possession
which Is lawfully demand~. The faiiure of any witness
to comply with such order of the court shall constitute
a direct and criminal contempt of court, and the court
shall punish said witness accordingly. However, the
refusal by a w1tn,ss to ansWer Inquiries or turn over evI-
dence.em the basis that such testimony or material will
tend to lnaimlnate such witness shall not be deemed
refusal to comply with the provisions of this chapter.
(2) The Division of Sections shall provide advisory
. opinions when requested by any supervisor of elee-
. tions, candidate, local officer having election-reIatecI
duties, political party, political committee, committee of
continuous existence, or other person or organization
engagecIln political activity, relating to any provisions
or possible violations of Florida election laws with
respect to actions such supervisor, candidate, local
officer having e18ct1on-reIateddutles, political party,
committee, person, or organization has taken or pro-
poses to take. Requests for advisory opinions must be
submitted In accordance with rules adopted by the
Department of Sta18. A written record of all such opin-
Ions issued by the division, sequentially numbered,
dated, and Indexed by subject matter, shall be retained.
A copy shall be sent to said person or organization
upon request. Any such person or organization, acting
In good faith upon such an advisory opinion, shall not
be subject to any criminal penalty provided for in this
chapter. The opinion, until amended or revoked, shall
be binding on any person or OIganlzatlon who sought
the opinion or with reference to whom the opinion was
sought, unless material facts were omlttet;J or misstated
in the request for the advIsorv ODin/on.
.....,....... 2lI, cII. ".,. .. 3, l:h. ~ .. 5lI, l:h. 77-175; So 1I51;l:h.
115-147: ..Ifl.l:h. 97-13; So e. Gh. 2001-75.
108.24. Florlda EJections Commission: member-
ahIp; powers; duties.-
(1)(a). There Is created within the Department of
Legal Affairs, OffIce of the Attorney General, aRorida
Elections Commission, hereinafter referred to as the
commission. Tbe commission. shall be a seParate
budget entity; and Its director shall be the agency head
for all purposes.. The commission shall not be subject to
contro~ supervision; or c:;lIrection by the Department of
Legal AffaIrs or the Attorney General In the perform-
ance of Its duties, including, but not IImltecl to, person-
nel, purchaslng transactions invoMn9 real or personal
property. and budgetary matters. .
(b) The commission shall be composed of nine
members. The President of the Senate, the Speaker of
23
Ch.106
CAMPAIGN FINANCING
F.S. 2005
ber of the commission who has held an elective public .
office or office In a poI"JtIcaI party within the year Imme-
diately preceding hIs or her appointment
(3) The commission shall convene at the call of Its
chair or at the request of a majority of the members of
the commIsSion. The presence 9f five members Is
requll8d to constitute a quorum, and the afftnnatlve
vote of the majority of the membei's present is required
for 8!IY action or recommendation by the cOmmission.
The commission may meet In any city of the state.
(4) The commlsaton shall appoint an executive
director, who shall serve under the direction, supervi-
sion, and. control of the commission. The executive
director, with the consElnt of the commission, shall
employ such staff 88 are necessary to adequately pet-
form the functions of the commission, within budgetary
limitations. All employe.es, except the executive direo-
tor and attorney8, are subject to part II Of chapter 110.
The executive director shalf serve at the pleasure of the
commission and be subject to part III of chapter 110,
except that the commission shall have complete
authority .for setting the execUtive director's salary.
Attorneys employed by the commission shall be sub-
ject to part V of chapter 110.
(5) Hearings shall be held before the commission,
except that the chair may direct that any hearing be
held before one member of the commission or a panel
of less than the full commission. The commission shall
adopt rules to provide for the filing of a report when
hearings are held by a single commissioner or a panel,
which ruies shall prescribe the time for ftUng the report
and the contents of the report.
(6) There Is hereby established In the State Trea-
sury an Sections Commission Trust Fund to be utBlzed
by the DIvisIon of EI8cIIons and the FJorIda Sections
Commission In order to cany out their duties pursuant
to 88. 106.24-106.28. The trust fund may also be used
by the Secretary of State, pursuant to his or her author-
Ity under s. 97.012(14), to provide rewards for informa-
tion leading to criminal convicllons related to voter reg-
istration fraud, voter fraud, and vote scams.
(7) The commrssloh shall develop a budget request
pursuant to chapter 216 annually. The budget is not.
subject to change by the Department of Legal AffaIrs or
the Attorney General, but It shaD be submitted by the
Department of LegaJ Affairs to the Govemor for trans-
mittal to the LegJs!attire. . .
(8) The commission is ~orized to contract or
consult with appropriate agencies of state government
for such professional assistance 88 may be needed In
the dlscharae of its duties.
1IIIIblIy-. l!l. ctt. 73-128: L 10. ctt. 74-IlOO; .. 58. ctt. 77-1'78: .. 83, ctt.
>>400; L 1. ctt. 82-4e; L 2, dl.llNIl5;.. 19, dI. 8N!8:" 36, dI. 89-338; .. 88,
en. 8M1&;... 4, 14, 11l, dl.lllHl88l L Il, dI. 91-4211; L 1, dl.ll84Illll;.. 8S2, dI.
llS-141;.. 48, dl.17-13; .. 3, ell. 2ClO2481; L" dl.l!OO5-277.
the House of Representatives, the minority leader of
the Senate, and the minority I8ader of the House of
Representatives shall each provide a list of six noml-
t:l888 to the Govemotfor initial appointment to the cOm-
mission. The Governor may appoint two members to
the commission from each list. If the Governor refuses
to appoint two members from any of the respective
lists, the Govemor shall so inform the nominating offi-
cer and the nominating officer shall submit ~ new list of
six nomInees within 30 days. The new list must contain
at least three nominees not included on the prior nomi-
nating IIsl The ninth commission member, who shall
serve 88 chair of the commission, shall be appointed by
the Govemor. Each member of the commission is sub-
ject to confirmation by the Senate. The chair of the
commission shallierve for a maximum term of 4 years,
such term to run concurrently with the term of the
appointing Governor and until a future successor is
appointed. Other members of the commission shall
serve for 4-year terms and until their SIJC(!eSSOI'S are
appointed. An individual who is a lobbyist at the state or
local government teveI may not serve 88 a member of
the commisSIon, except that this prohibition shall not
apply to an Individual who is. a member of the commis- .
s10n on July 1, 2002, until the expiration of his or her
current term. A member of the commission is prohibited
from lobbying state-or local government while he or she.
Is a member of the commission, except that this prohi-
bition shaD not apply to an individual who is a member
of the commission on July 1, 2002, until the expiration
of his or her current term.
(c) As the terms of members ~Ire, excluding the
chair, successors shall be. appointed to 4-year terms
and shall serve until theIr successors are appointed,
Six months prIOr to the expiration of a commission
membel:'s term, the ranking officer Of the poIItlciJ party
in the respective house originally nominating the c0m-
mission member shal submit a II8t of three nominees to
the Governor. The Governor may appoint one of the
listed nominees to the commission. If no nominee Is
selected from the list, the GovemorshaD.so Inform the
nomlnatil)g officer, who shall submit a list of three differ-
ent nominees to the Govemor within 30 days. Vacan-
cies on the commlssloil shall expeditiously be filled for
the unexpired terms In the same manner.
(d) As the term of the chair" of the commission
expires or becomes vacant, a successor shall be
appointed In the manner of the original appointment,
and shall serve for a maxlnium of 4 years, such term to
run conc~ with the term of the appOInting Gover-
nor and until a future successor is 8ppoInted.
(e) In no event may any member of the commission
set:V8 more than two full terms. Members of the com-
mission shaD be paid travel and per diem as provided
In s. 112.061 while in performance of their duties and in 108.25 Reports of alleged violations to florida
traveling to, from, and upon same. Of the nine mem- Election. COmmlnlon; disposition of ftndings.-
bars of the commission, no more than five members (1) Jurisdiction to Investigate and determIne vIola-
shall be from the same poDtlcal party at any one time. tions of this chapter and chapter 104 Is vested In the
(2) No member of the commission shall be a mem- Florida ElectIons Commission; however, nothing In this
bar of any county, state, or national committee of a section limits the Jurisdiction of any other officers or '
political party; be an offlcer In any partisan political club agencies of government empowered by law to invest!-
or organization; or hold. or be a caridldate for, any other gate, act upon, or dispose of alleged violations of this
pubrlC office. No person shall be appointed 88 a mem- code,
24
FA 2005
CAMPAIGN FINANCING
Ch. 106
(2) The commission shall inV8Stlgate all violations In a case where probable cause Is fOlU'ld, the commis-
of this chapter and chapter 104,. but only after having 8Ion shall make a preliminary detennJnatlon to consider
received either ,8 sworn complaint 01;' Information the matter or to ieferthe mat18rtothestateattorneyfor
reported to it under this subsectlon by the DIvIsion of the judicial circuit In which tile alleged violation
Elections. Any person. other than the division, having ooourred.
infonnatlon of any .violation of this chapter or chapter (5) When there BJ:8 disputed Issues of material fact.
104 shall file a sworn complaint with the commission. in a proceeding conducted under 88. 120.569 and
The commission shall JnvesUgate only those alleged 120.57, a person alleged by the ElectIons Commission
violations specifically contained within the sworn com- to have committed a violation of this chapter or chapter
plaint. If any complainant falls to allege all violations 104 may elect, within 30 days after the date of the filing
that arise from the facts or allegations aUeged In a com-. of the commission's allegations, to have a hearing con-
plaint, the commission shall be bamKI from Investigat. ducted by an admInistrative law judge in the DIvIsion of
Ing a su~uent complaint from such complainant that Administrative Hearings.
is besed upon such facts or allegations that were raised (6) It Is the duty of a state attorney receiving a com-
or could have been raised in the first complaint. Such plaint refened by the commission to Investigate the
sworn complaint shall state whether a complaint of the complaint promptly and thoroughly; to undertake such
same violation has been made to any state attorney. rl InaI civil acIIons ............. by I and
WIthin 5 days after receipt of a sworn complaint, the c m or. as are J~UIRN aw; . to
commission shall transmit a copy of the complaint to report to the commission the results of such Investiga-
allegI viol tion, the action taken, and the cfJSpoSitlon thereof. The
the alleged violator. AD sworn complaints ng a- failure or refusal of a state attorn"'" to prosecute or to
tlons of the Florida Election Code over which the com- -,
mission has jurisdiction shall be filed with the .commJs. initiate action upon a complaint or a referral by the com-
slon within 2 years .after the alleged violations. The mission shall not bar. further action by the commission
period of Imitations Is tolled on the day a sworn com- u~er) u:-chapterry sworn complaint filed pursuant to this
plaint is flied with the commission. \' ,....
(3) For the purposes of commission jurisdiction, a chapter with the commission, every Investigation and
violation shall mean the willful performance of an act investigative report or other paper of the commission
prohibited by this chapter or chapter 104 or the willful with respect to a violation of this chapter' or chapter
failure to perform an act required by this chapter or 104, and every proceeding of the commission with
chapter 104. respect to a violation of this chapter or chapter 104 is
(4) The commIssion shall undertake a preliminary confidential, is exempt from the provisIons of ss.
Investigation to determine If the facts aUeged 111 a sworn 119.07(1 land 286.011, and Is exempt from publication
complaint or a matter Initiated by the division constitute In the RorIda Administrative Weekly of any notice or
probable cause to beUeve that a.vioIatIon has. occurred. agenda with respect to any proceeding relating to such
The respondent, the complainant, and their respective violation, except under the following circumstances:
counsels shall be permitted to attend the hearing at (a) As provided In subsection (6);
which the probable cause determInation Is made. (b) Upon a determination of probable cause or no
Notice. of the hearing shall. be sent to the respondent probable cause by the commission; or
and the complainant at least 14 days prior to the date (c) For proCeedings conducted with respect to
of the hearing. The respondent and his or her counsel appeals of fines levied by ming officers for the late filing
shall be permitted to make a brief oral statement In the of reports required by this chapter.
nature of oral argument to the commission before the
probable cause determination. The commission's However, a complainant Is not bound by the confidentl~
determination shall be based upon the investigator's aIIty provisions of t1Jls section. In addition, confIdentlaJ.
. report, the complaint, and staff recommendations, as ity may be Waived in writing by the person against
.weIlas any written statements submitted by the re4$pon- whom the complaint has been filed or the Investigation
dent and any oral statements made at the hearing. No has been Initiated. If a flnclng of probable cause In a
testimony or other evidence shall be accepted at the case is entered within 30 days prior to the date of the
hearing. Upon completion of the prellrniliary investiga- election with respect to which . the alleged violation
tIon, the commission shall, by written report, find probs- occurred, such finding and the proceedings and rec-
bIe cause or no probable cause to believe that this. oreIs relating to iUch case shall not become public until
. chapter or chapter 104 has been violated. noon of the day following such elecUon. When two or
(a) If no probable cause is found, the commission more persoIi8 are being Investigated by the commJs.
shall dismiss the case and the case shall become a sion with respect to an alege(fvlolatlon of this chapter
mat18r of public record, except as othelWise provided In . or chapter 104, the commission may not publicly enter
this section, together with a written statement of the a finding of probable cause or no probable cause In the
findings of the preliminary investigation and a summary case unti.1 a finding of probable causo. or no probable .
of the facts which the commlsslon shall send to the cause for the entire case has been determined. How-
complainant and the alleged violator. ever, once the confidentiality of any case has been
(b) If probable cause is found, the commission shall breached, the person or persons under investigation
so notify the complainant and the alleged violator in have the right to waive the confidentiality of the case,
writing. All doculTJ!ints made or recelvec:t In the dlsposl- thereby opening, up the proceedings and records tot~ .
tIon of the compl8lnt shall become public records upon public. Any person who discloses any Information or
a finding by the commission. matter made confidential. by the prOvIsions of this sub-
25
.
Ch. 106
CAMPAIGN FINANCING
F.s. 2005
lng, shall reoeIve reimbursement for traveJ expenses
and per diem at the rates provided In s. 112.061. How-
ever, the fact that such reimbursement is not tendered
at the time the subpoena Is served shall not excuse the
witness from appearing as directed therein.
(3) Upon l"8CJlest of any person having business
before the commission, and with the approval of a
majority of the commission, the chair or, In the chalr's
absence, the vice chair shall insbUCt all witnesses to
leave the hearing roOJ:ll and retire to a c;leslgnated
p18C$. The witness will be Instntcted bY ~ chair or, In
106.26 Powers of commission; rights and reapon- the chair's absence, the vice chair not to discuss his or
albllltle8 of parties; findings by commla8lon.- her testimony or the testimony of any other person with
(1) The commission shall, pursuant to rules anyone until the hearing has been adjourned and the
adopted and published In accordance with chapter 120, witness dIscharged by the chair. The witness shaI1 be
consider all sworn complaints flied with It and all mat- further Instructed that should any person discuss or
ters reported to.1t by the DIvision of Elections. In order attempt to discuss the matter under Investigation with.
to carry out the respoi'1sIbDItIes prescribed by this chap- him or her after receiving such InstnJctlons the witness
ter, the commission is empowered to subpoena and shall bring such matter to the attention of the commie-
bring before it, or Its duly authorized representatives, sion. No member of the commission or representative
any person In the state, or any person doing business thereof may cBscuss any matter or matters pertinent to
in the state, or any person who !'1as filed or Is required the subject matter I.B'\der Investigation with witnesses to .
to have filed any application, document, papers, or be called before the commission from the time that
other information with an office or agE!ncy of this state these instructions are given until the hearing has been
or a political subdMslon thereof and to require the pro- adjourned and the wItnes8 discharged by the chair.
ductlon of any papers, books, or other recon:Is reievant (4) TIle commission, when Interrogating witnesses
to any Investigation, Including the records and as provided nereln, shall cause a record to be made of
accounts of any bank or trust company cIoIng busi~ all proceedings In which testimony or other evidence is
In this state. Duly authorized representatives of the demanded or.adduced. This record shall Include ruI-
commission are empowered to administer all oaths and Ings of the chalr, questions of the commission and Its .
affirmations In the manner prescribed by law to wit. counsel, testimony or responses of witnesses, sworn
nesses who shall appear before them concemlng any written statements submitted to the commission, and
releVB!1t maUer. Should any witness fall to respond to all other pertinent matlsrs. A witness at a hearing, upon
the lawful subpoena of the commJssIon or, having his or her advance request and at. his or her own
responded, fail.to l!U'ISW8r all lawful Inquiries or to turn expense, shall be fumlshed a cerUfled ~pt of all
over evidence that has been subpoenaed, the commie- testimony taken at the hearing.
sIon may file a complaint before any circuit court of the (5) Before or during a hearing, any person noticed
state setting up such failure on the part of the witness. to appear before the commission, or the person's coun-
On the filing Qf such complaint, the court shall take seI, may file with the commission, for Incorporation Into
jurisdiction of the wItne8s and the subject matter of said the record of the hearing, sworn written statements rei-
complaint and shall direct the witness to respond to all avant to the purpose, subject matter, and scope of the
lawful questions and to produce all documentary evI- commission's Investfgation or Inquiry. Any such person
dence In the witness's possession which Is lawfuUy shall, however, prior to filing such statement, consent to
demanded. The failure of any witness to comply with answer questions from the commission regarding the
such order of the court shall conStItute a direct and contents of the statement
criminal. contempt of court, and the court shall punish (6) . Any person Whose name Is mentioned or who is
said witness accordingly. HOW'8Ver, the refusal by a wit- otherwise identified during a hearing being conducted
ness to answer Inqulrles or turn over evidence on the by the commission and who, In the oplnlon.of the com-
basis that such testimony or material will tend to Incrim- mission, may be adversely affecled thereby may, upon
Inate such witness shall not be deemed refusal to com- his or her request or upon the request of any member
ply with the provisions of this chapter. The sheriffs In of the commfssion, appear personally before the com-
. the several countles.shall mal<e such service and exe- mission and testify on his or her own behalf or, with the
cute all pJ'OCEiss or orders when required by the. com- commission's consent, 1I1e a sworn written statement of
mission. Sheriff8 shall be paid for these services by the facts or other docl.a'n8ntary evIdenCe for incorporation
commission as provided for In s. 80.231. Any person . Into the record of the hearlng~ Any such person shall,
who is served with a subpoena to attend a hearing of however, prior to filing such statement, consent to
the commission also shall be served with a general answer questions from the commission regarding the
statement infonnlng him or her of the Subject matter of contents of the statement.
the commlssion~s investigation or inquiry and a notice (7) Upon th8 consent of a majority of Its members,
that he or she may be accompanied at the hearing by the commission may permit any other person to appear
counsel of his or h$r own choosing. and testify at a hearing or submit a swom written slate-
(2) AD witnesses summoned before the commie- ment of facts or other documentary evidence for lneer-
s/on, other than on the request of the subject of a hear- poi'atlon Into the record thereof. No request to appear,
26
section commits a misderneanof of the first degree.
punishable as provided In 8. nS.082 or s. n5.083.
(8) Any person who flies a complalnt pursuant to
this section while knowing that the allegations con-
tained In such complaint are false or without merit c0m-
mits a mIsdemeanor of the firSt degree, punishable as
provided in s. nS.082 or s. nS.083.
....,.......25, ch. 73-128;.. 11, ch. 74400;.. eo. ch. 77-17li;.. a. ch. 78-C03;
.. 1. ch.lI2-4lI; .. 2, ch.llS.2e5; .. lllI. d\. 84-801; .. 20, d\. 8H56; ... 5, 14, 15,
d\. 80-338:" 21.ch. 8Q.G8O;.. 111, d\. 81-107;..5, cli.91-1l1ll;.. 28, d\.ll6-406;
.. 48, ch. 97-13;" 34, d\. .129;.. 21, elL 2OCJ4.2Il2.
F.s. 2005
. CAMPAIGN FINANCING
Ch. 106
appearance, or submission shall limit in any way the
commission's power of subpoena. Any such person
shaD, however, prior to filing such statement, consent to
answer questions from the commission i'egardlng the
contents of the statement.
(8) Any person who appears before the commis-
sion ptI'SU8nt to this section shall .have all the rights,
privileges, and re&pOnslblfrtles of a witness appearing
before a court of competent jurisdiction.
(9) If the commission fails In any material respect to
comply with the requirements of this section, any per.
son subject to subpoena or .subpoena duces tecum
who is injured by such failure shall be relieved of any
requirement to attend the hearing for which the sub-
poena was issued or, If present, to testify or produce
evidence therein; and such ~Iure shall be a complete
defense in any proceeding against such person for
contempt or other punishment
(10) Whoever willfully affirms or swears falsely in
regard to any material matter or thing before the com.
mission shall be guHty of a felony of the third degree
and punished as provided by s. 775.082, s. 775.083, or
s. 775.084. .
(11) At the conclusion of its hearings concemlng an
alleged violation, the commission shall Immediately
begin deliberations on the evldence presented at such
. hearings and shall proceed to determine byafflnnatlve
vote of a majority of the members present whether a
violation of this chapter or chapter 104 has occurred.
Such determination shall prompUy be made public. The
order shall contain a finding of violation or no violation,
together with brief findings of pertinent facts, and the
assessment of such cMI penalties as are Permitted by
this chapter or no such asseSs,nent and shall bear the
s\gnalure or facsimile signature of the chair or vice
chair.
(12) The C()mmlsslon by rule may determine viola-
tions which constitute minor offenses that can be
resolved without further Investigation by means of a
plea of nolo contendere and payment of a fine.
(13) The commission may not Issue advisory opin-
Ions and must, in all its deliberations and cleclsions,
adhere to statutory law and advisory opinions of the
division.
tIIIIaIy.-e.2lI,c:h. 73-128;..12,c:h. 74-2OO;1.lIO,c:h. 77-175;e.4,c:h.7&403;
.. 64, c:lL 7I-4Oll; .. 1. c:lL 82-ol8;.. 2, c:h. 834!85;1. 21. c:h. S2SI; II. e. 14, 15,
c:h.llO-llSIl; I. 74, ah. 81-e: 1.5, c:h. 91" I. 2,c:lL 114-170; e. 1398, ch.ll&-147;
.. eo. c:lL lJ7-1S; .. 35, c:h. .128.
106.285 CIvIl penaltles.-
(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 pen-
alties, the commission shall consider, 8mong other mit-
igating and aggravating circumstances:
(a) The gravity of the act or omission;
(b) Any previous history of similar acts or omis-
sions;
(c) The appropriateness of such penalty to the
financial resources of the person, political committee,
=mlttee of continuoUS existence. or poIl11ca1 party;
. .
(d) Whether the person, poIltlca1 committee, c0m-
mittee of continuous existence, or political party has
shown good faith in attempting to comply with the provi-
sions of this chapter or chapter 104.
(2) ., any person, political committee, committee of
continuous existence, or political party falls or refuses
to pay to the commission any civil penalties assessed
pursuant to the provtslons of this section, the commis.
sIon shall be responsible for collecting the civil penal-
ties resulting from such action.
(3) Any clvD penalty collected pursUant to the provi-
sions of this, section shall be deposited II1to the
lElectlon Campaign Rnancing Trust Fund.
(4) Notwithstanding any other provisions of this
chapter, any ftne assessed pursuant to the provisions
of this chapter, which fine is designated to be deposited
orwhich would othe~ be deposited into the General
Revenue Fund of the state, shall be deposited Into the
lSectlon Campaign financing Trust Fund.
(5) In any case In which the commission deter-
mines that a person has filed a complaint against
another person with a malicious Intent to injure the rep-
utation of the person complained against by filing the
complaint with knowledge that the complaint contains
one or more false aDegatlOl'18 orwlth reckless disreganf
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 rea-
sonable attorney's fees Incurred In the defense of the
person complained against, Including the costs and
reasonable ~s fees Incurred in proving entitle-
ment to and the amount of costs and fees. If the com.
plainant fails to pay such costs and fees voluntarily
within 30 days following such finding by thecommis-
s1on, th8 convnlsslon shall forward such Infonnatlon to
the Department of Legal AffaIrs, which shall bring a civil
action in a court of competent jurisdiction to recover the
amou~ of such costs and fees awarded by the com.
mission. .
NeloIy.-& 81. c:lL 77-175; I. 1. c:lL 82-48;.. 2, d\, ll34lI&; .. 4, c:lL 88-278;
II. 7. 1.e.1&, CIII. 8CHI3lI; I. 5, CIh. 91-4211;.. 51, c:h.1I7-13; I. 38, c:h. .1211; I. 3,
CIh. 2OQOo3e8; .. 22, c:h. 2lJOoHIll2.
'Nala.-TblInIIl bid __ Ill8cIIve NlMlmb8r 4. 1_ bv qlIldon fll.
19(1), M. In fl1I1I ... CcInIIIlullan.
. '
106.27 Det!N'llllnaUons by commlaslon; legal d...
position~-
(1). Criminal proceedings for violations of this chap-
ter or chapter 104 may be. brought in the appropriate
court of competent Jurisdiction. Any such action
brought under this chapter or chapter 104 shall be
advanced on.the docket of.the court In which filed and
put ahead of aU other actions. .
(2) . Civil actionS may be brought by the commission
for relief,lncludlng permanent or temporary Injunctions,
. restraining order.s, or any other appropriate order for
the imposition of civil penalties provided by this chap-
ter. Such civil actions shall be brought by the commis.
sion In the appropriate court of competent jurisdiction,
and the venue shall be io the county In which the
alleged violation occurred or In which the alleged viola-
tor or violators are found, reside, or transact business.
Upon a proper showing that such person. political com-
mittee, committee of continuous existence, or politlcal
27
Ch.108
CAMPAIGN FINANCING
F.S. 2005
party has engaged, or is abOut to engage, in prohibited
acts or practices, a permanent or temporary InJunction,
restraining order, or other Older shall be granted with-
out bond by such court, and the civil fines provided by
thiS chapter may be imposed.
(3) Civil actions may be brought to enjoin temporar-
ily the ls8uance of certificates of election to successful
candidates who are alleged to have vIoJated the provi-
sions of this chapter or chapter. 1 04. Such injunctions
shaD Issue upon a showing of probable cause that such
violation h8s occurrecI. Such actions .shall be brought In
the circuit court forthe clrcu1t In which Is located the offi-
cer before whom the candidate quaUfled fdr~.
H/tlDIy........27. c:h. 73-'28;..,3, c:h. 74-alO;..82, elL 77-17!!; L 1,c:h. 82-48:
L 2, c:h.lI$al5; .. 8, 141. 15, c:h.llQ.898; e. 5,.elL1I1.ol21l; L 37, elLlIlI-128.
executive committee, and $50 for a county executive
committee, 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, if an executive committee faRs to file a report
on the Friday Immediately preceding the gener81 elec-
tion, the fine shall be $10,000 per day for each day a
state executive CI)l1ImIttee Is late and $500 per day for
each day a county executive committee Is late. Upon
receipt of the report, the filing officer shall detennine the
amount of the fine which Is due and shall notify the
chair. The filing offic8r shall del8nnlne the amount of
the fine due based upon the earliest of the following:
1. When the report Is actually received by such
officer.
U itatI of actI A-", fo vioIatio 2. When the report Is postmarked.
108.28 m on onL-"""ons r n 3. When the certificate of mailing is dated.
of this chapter must be commenced before 2 yealS 4. When the receipt from an established courier
have elapsed from the date of the violation.
.....,........ 28. elL 73-128; L 1. elLll2-4e; L 2, elL B3-2815;.. 22, elLlIN5ll; company Is dated.
L 14. c:Il. IJO.a38. 5. When the electronic receipt issued pursuant to
106.29 Reporta by political parties: restrictions on s. 106.0705 Is .dated.
contribution. and expendlturelj penattIee.- Such fine shall be paid to the fiIlng officer within 20 days
(1) Thestateexecutlvecommitte9andeachcounty after receipt of the 'notice of payment due, unless
executlVe committee of each political party regulated appeal is made to the Florida Elections Commission
by chapter 103 shaD file regular reports of aI contribu- . pursuant to paragraph (c). An officer or member of an .
tIons received and all expenditures made by such com- executive committee shall not be personally liable for
mittee. Such reports shall contain the same Information such fine.
as do reports required of candidates by s. 106.07 and (c) The chair of an executive committee may
shall be filed on the tOth day following the end of each appeal or dispute the fine, based upon unusual circum-
calendar quarter, except that, during the period from stances surrounding the failure to file on the designated
the last day for candidate quaDfyIng until the general due date, and may request and shall be entitled to a
election, such reports shall be filed on the Friday imme- hearing before the Aorlda Eiectlons Oommlsslon,
dlate/y preceding both the primary elecUon and the which shall have the authority to walve the fine in whole
general election. Each state executive committee shall or In part. Any such .request shall be made within 20
file the original and one copy of Its reports with the Oivl. days after receipt of the notice of payment due. In such
sIon of E1ect1ops. Each county ~ive committee case, the chair of the executive committee shall, within
shaD file its reports with the $lpervlsor of elections In the 2Q-day period, notify the fling officer In wrt1Ing of his
the county In which such committee exists. Any state or or her intentIon to bring the matter before the commis-
Cdunty executive committee failing to file a report on the sion.
designated due date shall be subject to a fine as pro- (d) The appropriate filing officer shall notify the
v1ded In subsection (3). No. separate fine shall be Florida Sections Commission of the repeated late filing
useased for failure to file a copy of any report required by an executive committee, the failure of an executive
by this section. committee to file a report after notice. or the failure to
(2) The chair and treasurer of each state or county pay the fine imposed.
executive committee shall certify as to the correctness (4) Any conb1butIon received by a state or county
of each report filed by them on behalf of such commlt- executive commlttee.less than 5 days before an e1eo-
tee. Any committee chair or treasurer who certifies the tIon shall not be used or expended in behalf of any can-
correctness of any report ~lIe knowing. that such dldate, issue, or political party participating in such
report is incorrect, false, or Incomplete commits a fal. eJectIon.
any of the third l:iegree, punishable as provided In s. (5) No state or county .executlve committee, In the
775.082, 8. 775.083, or 8. 775.064. furtherance of any candidate or political party, directly
(3)(a) Any state or county executive committee fall- or Indirectly, shall give, pay, or expend any money, give
ing to file a f!POrt on the designated dUe date shall be or pay anything of value, authorize any expenditure, or
subject to a fine as provided in paragraph (b) for each become pecuniarily liable for any expenditure prohlb-
late day. The fine shall be assessed by the filing officer, Ited by this chapter. However, the contribution of funds
and the /l1OIl8Y8 collected shall be deposited In the by one executive committee to another or to estab-
General Revenue Fund. IIshed party organizations for legitimate party or earn-
(b) Upon detennining that a report is late. the filing palgn purposes Is not prohibited. but all such contri)u-
officer shalllmmedlate/y notify the chair of the execu- tions shall be recorded and accounted for in the reports
tlve committee as to the failure to file a report by the of the contributor and recipient. .
designated due date and that a fine Is being assessed (6)(a) The national, state. and county executive
for each late day. The fine shall be $1,000 for a state committeesofapolltlcalpartYmaynotcontributetoany
28
.
F.S. 2005
CAMPAIGN FINANCING
Ch. 106
candidate any amount In excess of the limits COntal.. ned
in s. 106.06(2), and all contributions required to be .
reported under s. 106.06(2) by the national executive
committee of a political party Shall be reported by the
state executive committee of that poUtIcaI party.
(b) A violation of the contribution limits contained in
s. 106.08(2) Is a misdemeanor of the first degree, pun-
Istiable as provided In So 775.082 or s. 775.083. A civil
penalty equal to three times the amount In excess of
the limits contained In 8. 106.08(2) shall be assessed
against any execut1v9 committee found in violation
thereof.
..."...... 28, c:h. 73-128; L 14, c:h. 74QOO; a. Ill!, c:h. 77-1"75; .. 85, c:h.
~ IS. 14, 39. c:h. 81~ a. " c:h. D4lI; a. 13. c:h. ..,4lt.. 2. c:h.ll3oa5;
.. 40, ch. 84<<11!; .. 23, c:h.llNS8; .. 811. c:h. 8N1S; lIB. 10. 14, c:h.lIO<<l8;..
8, 12, c:h. 81-1l17l a. 3. elL 1111440; L 8ll3. c:h. 85-147: L 8, cII. 87.13; II. 23, lM,
c:h. 2OlI44!52; ..28, c:h. l!OlJ5.28lL
106.295 LeadershIp.fund.-
(1) For purposes of this section: .
(a) "Leadership funer means accounls comprised
Of any moneys contributed to a political party, directly or
indirectly, which are deSignated to be used at the partial
or total dlscratlon of a leader.
(b) "Leader" means the President of the Senate,
the Speaker of the House of Representatives, the
majority leader and the minorItY leader of each house,
and any person desfgnatEid by. a political caucus of
members of either house to succeed to any such p0si-
tion. .
(2) Leadership funds are prohibited in this state. No
leader shall accept any leadership funds.
. (3) This section applies to leadership funds in exist-
ence on or after January 1, 1990.
....,......lM. c:h. 8HIlS. .
106.30 Short tItIe.-$ections 106.30-106.36 may
be cited as the"Florfda Section Campaign financing
Act..
*OIY.-e. 1. c:h. lI6all.
106.31 legislative Intent.-The Legislature finds
that the costs of running an effective campaign for
statewide office have reached a level which tends to
discol.l'8g8 persons from becoming candidates and to
limit the persons who run for such otrlce to those who
are Independently wealthy, who are supported by politi-
cal comm~ representing special Interests which
are able to. generate substantial. campaign contribu-
tions, or who must appeaJ to special Interest groups for
campaign contributions. The Legislature further finds
that campaign contributions generated by such political
committees are having a disproportionate Impact vis-a-
vis contributions from unaffiliated Individuals, which
leads to the misperception of government officials
unduly Influenced by those special interests to the det-
riment of the public interest. furthermore, it Is the Intent
of the legislature that the pu~ of public campaign
financing 18 to make candidates more responsive to the
voters or the State or F10rfda and as Insulated as possi-
ble from special Interest groups. The Legislature
intends 88. 106.30-106.36 to alleviate these factors,
dispel the misperceptJon, and encourage qualified per-
sons to seek statewide elective office who would not, or
could not otherwise do so and to protect the effective
competition by a CBJ:Ididal8 who uses public funding.
thIixy....... 1. ell; 8&27Il; .. Q, c:h.lIl101.o1O.
106,32 'El-=tlon CampaIgn FInancing Trust Flmd.
(1) There is hereby established In the State 1rea.
sury an 'E1ect1ol'! Campaign Financing Trust Fund to be
utilized by the Department of State as provided In 88.
106.30-106.38.lfnecessaiy, each year In which agen-
era! election is to be held for the election Of the Gover-
nor and Cabinet, additional funds shall be transferred
to the 'Election CampaIgn Financing Trust F.und from
general revenue In an amount sufficient to fund qualify-
ing candidates pursUant to the provisions of sa. 106.30-
106.36. .
(2) Proceeds from filing fees pursuant to ss.
99.092, 99.093, and 105.031 shall be depoelted Into
the 'EIectIoil CampaIgn Financing Trust Fund as desig-
nated In those S8CtIons.
(3) Proceeds from assessmenls pursuant to 88.
106.04, 1 06.07, and 106.29 shall be deposited Into the
'Election Campaign FInancing Trust Fund as desig-
nated in those sections.
HlIIDIy...... 1. c:h. ~ .. 19, c:h. 81.107.
'NaI&-1lIe 1IuIt.... lIIlPRd. tIft8cIMa NcMmblIr 4, 1111l8, by cper8IIan d s.
18(1), Art. In of lh8 SllIle CllnsIl1ulian.
106.33 Eleclfon campaign financing; ellglblllty.-
Each candidate for the office of Govemoror member of
the CabInet who desires to receive contributions from
. the 'E1ect1on Campaign Fmanclng Trust Fund shall,
upon qualifying for office, file a request for such contri-
butions with the filing officer on forms provided by the
DIvIsion of ElectIons. If a canclldale !'$questing contri-
butions from the fund desires to have such funds dis-
tributed by electronic fund transfers, the request shall
Include Information.necessaryto Implement that pr0ce-
dure. For the pwposes of 88. 106.30-108.36, cai1d1-
dates for Govemor and U8Utenant Governor on the
same ticket shall be considered as a single candidate.
To be eligible to receive contributions from the fund, a
candidate may. !'lOt be an unopposed candidate as
defined In s. 106.011(15) and must:
(1) Agree to abide by the expenditure limits pro-
vided in s. 106.34. .
(2)(a) Raise contributions as follows:
1. One hundred fifty thousand dollars for a candi-
date for Governor.
2. One hurldred thousand dollars for a candidate
for CabInet office.
. (b) contrtbutlons from IndMduals who at the time of
contributing are not.state residents may not be Used to
meet the threshold amounts In paragraph (a). For pur-
poees of this .paragraph, any person validly registered
to vote In this state shall be considered a state resident
(3) Umlt loans or contributions from the canclidate's
personal funds to $25,000 and contributions from
riation8J, state, and county executive committees of a
. political party to $250,000 In the aggregate, which
loans or contributions shall not qualify for meeting the
threshold al1l9Unts In subsection (2).
(4) Submit to a postelection audit of the campaign
account by the ctMsion.
......,........ 1, c:h. ~ .. 40, cII. llCJ.315: .. 20. ch. 81-1l17l L 6B, c:h.
2001.010; L 47. elL 2OOll478.
............n.1rUII fund 1IXpI..... ...- ~ 4, 1_, by apenillon "'..
111(1), Art. II of 1he Slate 00nIIIIIuti0n.
29
.
Ch.106
CAMPAIGN FINANCING
F.S. 2005
106.34 ExpenditUre Ilmlts.-
(1) Any candidate for Govemor and Ueutenant
Governor or Cabinet officer who requests contributions
from the 'Election Campaign Ananclng Trost Fund
shall limit his or her total expendltul'88 as follows:
(a) Governor and Ueutenant Governor: $2.00 for
each AorIda-registered voter.. .
(b) Cabinet officer: $1.00 for each Florlda-
raglstered voter.
(2) The expenditure limit for any candidate WIth pri-
mmy election opposition only shall be 60 percent of the
limit provided In subseclion (1).
(3) .For purposes of this section, lIJ=IoricIa-registered
voter" means a voter who Is registered to vote in FlorIda
as of June 30 of each odd-numbered year. The DMsIon
of Elections shall certify the total number of FIorlda-
registered vOters no later than July 31 of each odd-
numbered year. Such total nl.l1lber shal be calculated
by adding the number of registered voters In each
county as of June 30 in the year of the certification date.
For the 2006 general election, the Division of Elections
. shall certify the total number of FIorIcIa-reglstered vot-
ers by July 31, 2005.
(4). For the purposes of this section, the term -ex-
penditure- does not Include the payment of compensa-
tion for legal and accounting services rendered on
behalf of a candidate. .
1lIIIllrJ.- 1. dL IIlI47ll; So 41. dL 8CMl111; So 21. dL 81-107; So ll54, c:h.
115-147; So 48, dL 2lJOS.27lI.
'NIM-1hll1tUllt fund _Md, MlIctIve November 4, 1llll8. by apendIon or So
1ll(f). All. II or 1M BlIIIlI Clln8IIuIIlln.
business account, regardless of whether the business
account Is for a corporation, ,partnership. sole propri-
etorship, trust, or other form of business anangement.
For contrlbutlons made by check 1rom a personal joint
account, the match shall only be for the Individual who
actually signs the check.
(3)(a) CertIfication and distribution of funds shall be
based on contributions 10 the candidate reported to the
division for such purpose. The dlvi8ion shall review
each report and verify the amount of funds to be distrib-
uted prior to authorizing the release of fu~. The divi-
sion may prescribe. separate reporting forms for candi-
dates for Govemor and Cabinet officer.
(b) NotwithstandIng the provisions of s. 106.11, a
candidate whQ is. eOgible for a distribution of funds
based upon qualifying matching contributions received
and certified to the division on the report due on the 4th
day prior to the. election, may obligate funds not to
exceed the amoll'rt 'Which the campaign treasurer's
report shows the candidate Is eligible to receive from
the 'Election CampaIgn Financing Trust Fund without
.the funds actually being on deposit in the campaign
account.
(4) Distribution of fundS shall be made within 7 days
after the close of qualifying and every 7 days thereafter.
(5) The division shall adopt roles providing for the
weekly reports and certification and distribution of
funds pursuant thereto required by this section. Such
rules shal, at a minimum, provide for:
(a) ~ for printed campaign treasurer's
reports outlining the torm8t for such reports, Including
size of paper, typeface, color of print, and placement of
required Infonnatlonon the form.
(b)1. Speclfications for e1ectronlcally transmitted
campaign treasurer's reports outlining communication
parameters and protocol, data record fonnat8, and pro-
visions for ensuring security of data and transmission.
2. All electronically transmitted campaign treasur-
ers reports must also be flied In printed format Plinted
format shall not Include Campaign treasurer's reports
submitted by electronic facalmlle transmission.
HI8IDIy.- " dL 8&a78; So jlS. dL 8N58: So 042. ell. 8CMl15; s. 22. elL 81-107;
s. _. ch. 2l101-4C1.
'HoIL-1hllllu8l fund ~ elI'8c:IIve N-.ar 4, 1llll8, by opIIIlIIIan or So
1ll(f). All. II or.. SIa\B CclnIIIdcln.
1C1U5 DIstrIbution of funds.-
(1) The dlvi8lon shall review each requeSt for con-
b1butions from the 'Election CampaIgn Financing Trust
Fund and certify whether the candidate is e1lgble for
such contrtbuUons. NotIce of the certification decision
shall be provided to the cancIdate. An adverse decision
may be appealed to the FlorIda EIedIons Commission.
The dlvIsion shaD adopt roles providing a procedure for
such appeals. .
(2)(a) Each candfdate who has been certified to
receive contributions from the 'Election Campaign
Filanclng Trust Fund shall be errtIUed to cflSb1butlon of
funds as foUows:
1. For qualifying matching contributions making
up all or any portion of the threshold amounts specified 106.353 Candidates voluntarily abiding by elec-
in s. 106.33(2), distribution shall be on a two-to-one t10n campaign financing Umlts but not requestfng pub-
basis . Dc funds; Imwocable 8Iatement required: penalty.-
2. For all other qualifying matching contrI:JUtlons, (1) Not later than qualifying for office. each candl-
distribution shall be on a one-to-one basis. date for the office of Governor or member of the Cabl-
(b) QualifYIng matching contributions are those of net who has not made a request to receive contribu-
$25() or less from an indivIcIual, made after September lions from the 'Election Campaign Financing Trust
1 of the calendar year prior to the election. Any contrI- Fund, but who wishes to voluntarily abide by the appfl-
bution received from an individual who is not a slate cable expenditure limit set forth in s. 106.34 and the
resident at the time the contIftxrtIon is made shall not contribution limits on personal and party funds set forth
be considered a qualifying matching contribution. For in .s. 106.33, shall file an Irrevocable statement to that
purposes of this paragraph, any person validly regis- effect WIth the Secretary of State.
tered to vote in this state shall be considered a state (2) Any candidate who files such a statement and
resident. Aggragate contributions from an Individual in 8ubsequenUy exceeds such limits shall pay to the
excess of $250 will be matched only up to $250. A COIl- 'Election CampaIgn FInancing Tl\Ist Fund an amount
trlbution from an Individual, if made by check, must be equal to the amount of the eXC8$S contributions or
drawn on the personal bank account of the Individual expenditures. Such penafty shall not be an allowable
making the contnbuUon, as opposed to any form of campaign expense and shall be paid from personal
30
.. .
F.S. 2005
CAMPAIGN FINANCING
Ch. 106
funds of the candidate. However, If a nonpartlclpat!ng
candidate exceeds the expenditure limit as described
In s. 106.355, a candidate signing the f!tatement pursu-
ant to this section may exceed the applicable expendi-
ture limit to the extent the nonparticipating candidate
exceeded the limit without being subject to a penalty.
HIeIaty.-e. 23, ell. et-107. .
'NoII.-The _ fund ..... 8If8c:lMl ~ 4, 1llll8, by operation or L
19(1), Art. I' or the SlIIIe CclnIIIIuIian. .
106.355 Nonparticipating candidate exceeding
IImb.-Whenever a candidate for the office of Gover-
nor or member of the Cabinet who has elected not to
participate in election campaign filianclng under the
provisions of 88. 106.30-106.36 exceeds the applicable
expenditure Omit provided in s. 106.34, all opposing
candidates participating In such election campaign
ftnanclng are, notwithstanding the provisions of s.
106.33 or any other provision requiring adherence to
such limit, released from such expenditure limit to the
extent the nonparticipating candidate exceeded the
limit, are tltill eDglble for matching contributions up to
such limit, and shall not be required 10 reimburse any
matching funds provided pursuant thereto. In addition,
the Department of. State shall, within 7 days after a
request by a participating cand'1dal8, provide such can-
didate with funds from the 'Section CampaIgn Finano-
lng Trust.Fund equal to the amount by which the n0n-
participating candidate exceeded the expenditure limit,
not to exceed twice the amount of the maximum
expenditure limits specified In s. 106.34(1)(a) and (b).
which funds shaH not be considered matching funds.
HIAIly......Z4. dL 91.107. .
'NolL-'TIIe _ fund 1Ilplr8d, IIlliIclMI NcMlmber 4, 1llll8, by opendloR or L
111(1), Art. m rlthe 8lIIIa CanIIIIl6ln.
106.3& Penalties; ftll88.-1n addition to any other
penalties which may be applicable under the e1ectior)
code, any candidate who receives conb1butIons from
the 'Election Campaign Financing Trust Fund and who
exceeds the applicable expenditure limit, except as
authorized in 88. 106.353 and 106.355, or falsely
reports qualifying matching contributions and thereby
receives COIltrbutions from the 'E1ect1on Campaign
Financing Trust Fund to which the candidate was not
entitled shalt be. fined an amount equal to three times .
the amount at Issue, which shall be deposited In the
'E1eclIon Campaign Financing Trust Fund.
....,...... 1, ell. 8$om; L 11, ell. lIO-33lI: L 215, ell. et-107; So 655. ell.
85-147.
'NctlL-The _ fund &aqlIr8d, ell'8clIve November 4, 1llll8, by apeI8IIllIl rI L
18(1). AIL III rib Sl8III CanIIIIIuIIan.
10&.37 Willful vIoIatlona.-A person willfully vio-
lates a provision of this chapter if the pelSOn commits
an act while knowing that, or showing reckless disre-
gard for whether, the act is prohibited under this chap-
ter, or does not commit an act while knowing that, or
showing reckless disregard for whether, the .act is
required under this chapter. A person knows that an act
is prohibited or requlr8d If the person is aware of the
provision of this chapter which prohibits or requires the
act, understands the meaning of that provision, and
performs the act that Is prohibited or falls 10 perform the
act that Is required. A person shows recIdess disregard
for whether an act Is prohibited or required under this
chapter If the person. wholly disregards the law without
making any.reasonabIe effort to determine whether the
act would constitute a violation of this chapter.
1'IIIIDIy.-tl. 1, dL 8'1;-1&
31