2006 Candidate & Campaign Treasurer Handbook
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2006
CANDIDATE
AND
CAMPAIGN TREASURER
HANDBOOK.
Florida Department of State
Division of Elections
R.A. Gray Building, Room 316
500 South Bronough Street
Tallahassee, Florida 32399-0250
Phone: 850.245.6240
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Table of Contents
PART I: CAMPAIGN FINANCING
Chapter 1 - Explanation ......... .............. ..... ........................... ............... :............... ...... ...................1
Chapter 2 - The Campaign Financing Act..................................................................................2
Chapter 3 - OffIces Up For Election ..............;............................................................................3
Federal Offices.........................................,..................,.............................................................. 3
Multicounty and District Offices. .............., ..... ... ...... ....... ................. ..... ....... ..... ......... ..... .... .........3
County Offices...............................................................................,............................................ 3
Judicial Retention (Nonpartisan)... ................... .......... ..... ...... ....., .... ....... .......... .......... .... .... ........3
Circuit Judges (Nonpartisan) ...... ......,..... ... ..... ................ ..... ..... ..... .... ... ..... .... ...... ...., ..... ... ...... ...3
. County Court Judges (Nonpartisan) ..........................................................................................3
Chapter 4 - Dates to Remember.................................... ................ ..... h....................... ................4
Chapter 6 - Glossary of Tenns....................................................................................................6
Chapter 6 - Becoming a Candidate ............................................................................................9
What to File. ...., ..... .... .......... .... ... ,..... ......... ..... ....., .............. ..... ...... ..... ......... ........ .............. ,.... .... 9
Filing Officer ...... .......... ....... .......... ........... ......... ........ ................. ...... ..... ......... ............... ............1 0
Resign-ta-Run .. ...... ,..... ........ .... .................... .......... .....,.... .,........ ......... ..... ............. ..... ..... ..........10
Changing Parties for Partisan OffiC8S....,.................................................................................10
Changing the Designation of Office .........................................................................................10
Pro Rata Refund Example .......................................................................................................11
Chapter 7 - Proh Iblted Acts .................... .................... ...... ..... .................. ...... ........ ......... .......... .12
Speaking at Political Meetings ...... ............. ............. ......... ........... ............ ..... ............ ...~.. ...... ....12
Using State-Owned Aircraft or Motor Vehicle ..................................................................;.......12
Using Services of State, County, Municipal, or District Officers or Employees.......................12
Making Contributions in the Name of Another .........................................................................12
Solicitation from Religious, Charitable and Civic Organizations................,............................. 12
Accepting Contributions in a Govemment-owned Building.....................................................13
Making Malicious Statements ..................................................................................................13
Certifying a False Report ...............................................,.........................................................13
Limitations on Political Activity for Judicial Candidates ....................,......................................13
Chapter 8 - Campaign Treasurers ............................................................................................16
Appointing Campaign Treasurers and Deputy Campaign Treasurers..................................... 15
Duties and Responsibilities..... ..........,.. ...... .................... .............. ........ .......... ..... ...... ...... ........ .16
Resignation or RemovaL.... ...... ...... ............. ....... ............. ....... ..... ......... ........... ...... .......... ....... .17
Chapter 9 - Campaign Depositories .........................................................................................18
Primary Campaign Depository .................................................................................................18
Secondary Campaign Depository .....,..................................,....,..............................................18
Separate Interest-Bearing Accounts and Certificates of Deposit.......................................... ..19
Campaign Checks....................................................................,....",........................................ 19
Debit Cards ............................................................................................................................. .20
Credit Cards.. ....... ... .... ..... ...... ..... ... ...... ........... ......... ........... ..... ....... ..... .... .... ...... .......... ......... ...20
Form DS-DE 9 Example. ...... ........... ...... ......... ....... ......... .... ..... ...... ...., ........ ... .... .............. ....... ..21
Chapter 10 - Contri butions.... ................ ....... .................... ................. ..... ................... .......... ..... .22
Unauthorized Contributions.. .................................................................................................. .22
Anonymous Contributions.. ... ................ ...... ......... ...... ..... ..... ......... ... ..... ...... ............ .... ...... ..... ..22
In-Kind Contributions......................................................... ........... ............................................23
Loans.................................................................................................................................... ... .23
Cash Contributions.................................................................................................................. .23
Debit and Credit Card Contributions ............. ....... ...... ........... ...... ..... .:....... ........... ...... ...... ........24
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Contribution Limits for Candidates...., ...... ... ..... ...... ...... ..... ....... ..... ....., ........... ,........ ............... ,.24
2006 Deadlines for Accepting Contributions.............,..............................................................25
Violations....,..................................................,.........................................................,............,.. .26
Chapter 11 - Expend Itures.. ...... ........ ......... ........ ........................................ ............ ..... ..... ......... .27
Petty Cash Funds..................... ............................................................................................... .28
Independent Expenditures............................... ........................................................................ 28
Credit Cards...........................................,....................................,.............,............................. .30
Debit Cards...........,..... ~.....................................................................;..................................... .30
Electioneering Communications .............................................................................................. 31
Chapter 12 - Political Advertising .............................................................................................33
Candidate Disclaimers...................,..................................................,.,.................................... 33
Other Disclaimers.......................................,............................................................................. 34
Disclaimers for Other Than Independent Expenditures...........................................................35
Independent Expenditure Disclaimers ............. ............... .......................... ..... ...... .............. ..... .36
Non-incumbent Disclaimers ...... ...... ..... .... ...... ..... ..... .... ...... ..... ..... ....... ...... .... .... .... .... ...... ...... ...36
Disclaimers. on Novelty Items...... ..... ...... ... ...... ....... ... ..... ..... ......... .... ... " ..... .... ............ ...... ... ..... 37
Language Other Than English ..........................................................,......................................37
Electioneering Communications Disclaimers... .... ..... .... ..,...,. ...... .......... .... ...... ........... ...... ..... ...37
Use of Closed Captioning and Descriptive Narrative in all Television Broadcasts..................37
Other Political Disclaimer Examples ........................ ..... ...... ...... .:... ...." ......... ..... ...... ............., ..38
Chapter 13 - Fund Raisers. ....... ..... ........................................ ...... ...... .................. ............ ..... .... .40
Contributions from Fund Raisers. .................... ..... ...... ..... .................. ........... ...... ........... ...... ....40
Expenditures for Fund Raisers ................. ............... ..... ........... ...... ...... .............. ............. .........40
Tickets and Advertising ........." ................... .... ,.. ..... ...., .... ..... ...., .,.. ..... ...., ......, ,.... ..... ....... ........ .40
Chapter 14 - Solicitation ............ ......... ......................................................... ................. ........ .... .41
Telephone Solicitation............................................................................................................. .41
Telephone Solicitation, Registered Agent..............,....,...."..,......... ..... ....., ........ ......... ...... ........42
Chapter 15 - FIling Campaign Reports.....................................................................................43
Where to File ............, ...., ...." ,..... ,..................... .... ..... ...... ..... ...... ....., ...... .... ........ .... .......... ....... .43
When to File ............, ..... ... ..... ....... ..... ........ ........... .... ........ ... ...... ........... ..... .... ..... ..... .......... ..., ...43
Penalty for Late Filing .... ...... ...... .................... .................... ............,......... ..... .... ..... ............... ...44
Waiver of Report .... ...... ..... ...... ............ ...... ....... ....... .................... .......... .............. ....... ....... ...... .44
Incomplete Reports ..... .................. ..... ..... .... ..... ..... .... ...................... ........... ...... ......... ..... ... .......44
Reporting Total Sums ............... ...... ..... ... ...... ...... ..... ... ............... .... ...... .................. ..... .... .... .....44
Reporting Contributions ...........................................................................................................44
Returning Contributions....................................................................:..................................... .45
Reporting Expenditures..............,............................................................................................. 45
Special Requirements for Judicial Candidates ........................................................................46
Chapter 16 - Termination Reports ............................................................................................47
Prior to Disposing of Surplus Funds ........................................................................................47
Disposing of Surplus Funds .......... ................ ...... ................. ....................... ...... ...... ...... .......... .47
Money from Separate Interest-Bearing Account or Certificate of Deposit...............................48
Campaign Loans Report.. ......... .... ....... ..... ..." .... ........... .............. ... ....,. ..... ....... .... .... ..... ......... ..48
Chapter 17 - Electronic Filing of Campaign Reports ...............................................................50
Accessing the EFS ........... .... ..,.. .... ..... ............... ..... ....~. ..... ...... ...... ....: ..... ......... .... ..... ..... ......... .50
Creating Reports ... ...... ... ...... .......... ... ........... ...... ... ...... ..... ....... ...... ..... ......... ..... ...... ...... ... ...... ...50
Chapter 18 - Office Accounts. ....................................... ..... ...................... ..... ............... ..... ........62
Using the Office Account .... ..... ........ ........... .......... ..... ..... ........ ..... ....... ........... .......... ......... .......52
Reporting Office Account Funds.... ..... ............ ........ ...... ............ ...... ............. .......................... ..53
Chapter 19 - Recordkeeping, Receipt and Inspection .............................................................54
Contributions.. ..... ... .... ... ..... ....... .... ..... ....... ........ ..... .... ... ..... ..... ............... ..... ....... ..... ..... ..... ...... .54
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Expenditures................................................,..,.........,.............................................................. 54
Preservation of Accounts ........ ................ .... ..... ......... ...... ...... ..... ...... ...... ...... .... .... ... .....,. ..........55
Inspections .... .... .... ..... ...... ...... ........... .... ....... .... .......... ....... ......... .... ............. ...... ..... ...., ,....... .....55
Chapter 20 - Bookkeeping Suggestions....................... ......... ............... ....................... ...... .... ....56
Chapter 21. - Florida Elections Commission............................................................................57
Automatic Fine Appeal Process. ...... .............. ...... ..... ..... ............. ..... ...... ...... ................. .......... .57
Complaint Process.............. ..................................................................................................... 57
Confidential Complaint Form ..............,." .,.... .., .,.,... .... ......... ......... ..... ...... ............ ......... ......,... .59
Chapter 22 - Fonns ............ ...... ...................... ............... ...... ........... ...... ............. ............... .......... 61
Form OS-DE 9, Appointment of Campaign Treasurer and Designation of
Campaign Depository for Candidates ..... ................ ..... ..... ...... ............. ........ .............. ...... ...63
Form OS-DE 84, Statement of Candidate................................................................................65
Form OS-DE 83, Statement of Candidate for Judicial Office...................................................67
Form OS-DE 12, Campaign Treasurer's Report - Summary ..................................................69
Form OS-DE 13, Campaign Treasurer's Report -Itemized Contributions..............................71
Form OS-DE 14, Campaign Treasurer's Report-Itemized Expenditures..............................73
Form OS-DE 87, Waiver of Report .......................................................................................... 75
Form OS-DE 86, Request for Return of Contribution .......................:......................................77
Form OS-DE 2, Contributions Returned ........................................................................,.........78
Form OS-DE 73, Campaign Loans Report ......,..........................................,.......,.................... 79
Form OS-DE 73A, Campaign Loans Report Itemized .............................................................80
Form OS-DE 48, Office Account Report ........................................,.........................................81
Form OS-DE 48A, Office Account Disbursement or Deposit Information................................82
Form OS-DE 96, Affidavit of Intention....,..,..............................................................................83
Form OS-DE 97, Affidavit of Compliance,.... .................... ..... ......... ..... ...... ...... ........... ...... ..... ...85
Form OS-DE 1 DO, Telephone Solicitation Resident Agent Notice...........................................87
PART II: QUALIFYING INFORMATION
Governor and Lieutenant Governor...... ..... ........ ................. ........................... ................ ............. 91
Attorney General................ ........... ...... ................ .......... ..... ......... ..... ............... ............. ........... ...... 95
Chief Financial Officer ......... ...... ....... ............................. ........................ .......... ..................... .......98
Commissioner of Ag rlcu Itu re .................... .......... .......... ...... ...... ...... .......... ................................1 01
State Attorney and Public Defender (20t/t Circuit) ...................................................................1 04
State Senator and State Representative .............................................~....................................1 08
Justice of the Supreme Court and Judge, District COI,Jrt of Appeal......................................111
CI rcult Judge.............. ............ ...... ............ ....................... ...................... ........... .................. ....... ..113
2006 Petition Slg natu re Requ I rements...... ........ ..... ...................................................... .......... ..116
Qualifying F onns ............. ......... ..... ......................................................... ....................... ............. 121
Form OS-DE 104, Candidate Petition Form...........................................................................123
Form OS-DE 24, Loyalty Oath, Oath of Candidate and Statement of Party for
Candidates with Party Affiliation .................... ............... .... ........... ...... ...... ............ ........... ..125
Form OS-DE 248, Loyalty Oath and Oath of Candidate for Candidates with No Party
Affiliation......,.................... ........................................................................................;........ .127
Form OS-DE 24A, Loyalty Oath and Oath of Candidate for Write-in Candidates .................129
Form OS-DE 26, Judicial Offices Loyalty Oath and Oath of Candidate ................................131
Form OS-DE 26A, Judicial Offices Loyalty Oath and Oath of Candidate for Write-in
Candidates ........ ................. ...... ..... ......... ............ ..... ...... ...... ..... ............ .......... .............. .....133
Florida Supervisors of Elections ..............................................................................................135
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PART I
CAMPAIGN FINANCING
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Chapter 1
Explanation
The information contained in this publication is intended as a quick reference guide only and is
current upon publication. Chapters 97-106, Florida Statutes, the Constitution of the State of
Florida, Division of Elections' opinions and rules. Attorney General opinions, county charters, city
charters and ordinances, and other sources should be reviewed in their entirety for complete
information regarding campaign financing and qualifying. .
In addition, the following publications produced by the Florida Department of State, Division of
Elections should be reviewed for further information regarding candidates and committees:
· 2006 Federal Qualifying Handbook
· 2006 Committee and Campaign Treasurer Handbook
· 2006 Calendar of Reporting Dates for Candidates; Political Committees, Committees of
Continuous Existence, Electioneering Communication Organizations and Independent
Expenditure Reports
· 2006 Calendar of Reporting Dates for Political Party Executive Committees
All forms and publications are available on the Division of Elections' website at
htto:/Ielection.dos.state. f1.us.
Please direct any questions to either your county supervisor of elections or the Florida
Department of State, Division of Elections at 850.245,6240. Below you.will find some other useful
websites:
Florida Department of State ............................................................................... www.dos.state.f1.us
Florida Division of Elections. ...... ........... ...... ......... ...... ..... ........ .............. htto:/Ielection.dos.state.f1.us
Florida Elections Commission ............ ........... ..... .......... ..... ........................ .......... www.fec.state.f1.us
Florida Elected Officials,........,................................ htto:/Ielection.dos.state. f1.uslelectedindex.shtml
Florida Supervisors of Elections. ..... ........ ............... htto:/Ielection.dos.state.fl.uslcountvlindex.shtml
Florida Association of City Clerks............................................................:....... www.f1oridaclerks.ora
Florida Attorney General.............. .............. ...... ..................... .....,..... .......... htto:/Imvfloridaleaal.com
Federal Election Commission .......... ....... ...... ...... .............. ...... ...... ...... ..... .... ....... ........... www.fec.aov
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Chapter 2
The Campaign Financing Act
Chapter 106, Florida Statutes, regulates campaign financing for all candidates, including judicial
candidates, political committees, committees of continuous existence, and political parties. It does
not regulate campaign financing for candidates for federal office or candidates for a political party
executive committee.
The Division of Elections:
· Oversees the interpretation of and provides guidance on the election laws.
· Provides advisory opinions to supervisors of elections, candidates, local officers having
election related duties, political parties, political committees, committees of continuous
existence, or. other persons or organizations engaged in political activity, relating to any
provisions or possible violations of Florida election laws with respect to actions such person
or entity has taken or proposes to take. (Section 106.23(2), F.S.)
· Prescribes rules and regulations to carry out the provisions of Ch~pter 106, Florida Statutes.
(Section 106.22(9), F.S.)
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Chapter 3
Offices Up For Election
Federal Offices
United States Senator (1)
Representative in Congress (all districts)
Multicounty and District Offices
Governor and Lieutenant Governor
Attorney General
Chief Financial Officer
Commissioner of Agriculture
State Attorney (20th Circuit)
Public Defender (20th Circuit)
State Senator (even-numbered districts)
State Representative (all districts)
County Offices
These vary from county to county, however most will elect:
Board of County Commissioners (2 members)
School Board (3 members) (Nonpartisan)
Information for a particular county can be obtained from the county supervisor of elections.
Judicial Retention (Nonpartisan)
Justice of the Supreme Court (only those whose terms expire January 2007)
Judge, District Court of Appeal (only those whose terms expire January 2007)
Circuit Judges (Nonpartisan)
Only those whose terms expire January 2007
County Court Judges (Nonpartisan)
Only those whose terms expire January 2007
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Chapter 4
Dates to Remember
January 1, 2006
April 10, 2006
April 24, 2006
April 28, 2006
May 1, 2006
May 5, 2006
May 7, 2006
May 8, 2006
May 12, 2006
June 19,2006
July 3, 2006
First day candidates who have filed the APpointment of Campaign
Treasurer and. Designation of Campaign Depository may begin obtaining
petition signatures if they plan to qualify by the petition method, (Section
99.095, F.S.)
Noon, deadline for petitions to be submitted to the supervisor of elections
of the county in which petitions were circulated for federal, judicial, state
attorney, and pUblic defender candidates. (Sections 99.095 and 105.035,
F.S.)
Qualifying offices may begin accepting and holding qualifying papers for
federal, judicial, state attorney, and pUblic defender candidates to be
processed and filed during the qualifying period. (Sections 99.061 and
105.031, F.S. - not earlier than 14 days prior to the beginning of the
qualifying period.)
Written resignations due for officers qualifying as a judicial, state attorney,
or public defender candidate if the terms or any part thereof run
concurrently with each other. (Section 99.012, F.S.)
Deadline for supervisors of elections to certify the number of valid petition
signatures for federal, judicia', state attorney, and public defender
candidates to the Division of Elections. (Section 99.095, F.S.)
Noon, deadline for minor political party executive committees to submit a
list of federal, state attorney and public defender candidates nominated by
the party to be on the general election ballot to the Division of Elections.
(Section 99.096, F. S.)
Deadline for partisan candidates to change, party affiliation. (Section
99.021, F.S.)
Noon, qualifying begins for federal, judicial, state attorney, and public
defender candidates. (Sections 99.061 and 105.031, F.S.)
Noon, qualifying ends for federal, judicial, state attorney, and public
defender candidates. (Sections 99.061 and 105.031, F.S;)
Noon, deadline for petitions to be submitted to the supervisor of elections of
the county in which petitions were circulated for statewide, multicounty,
county, and district candidates. (Section 99.095, F.S.)
Qualifying offices may begin accepting and holding qualifying papers for
statewide, multicounty, county and district candidates to be processed and
filed during the qualifying period. (Section 99.061, F.S. - not earlier than 14
days prior to the beginning of the qualifying period.)
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July 7,2006
July 10, 2006
July 14, 2006
July 17, 2006
July 21,2006
August 31,2006
Written resignations due for officers qualifying as a statewide, multicounty,
county, or district office candidate if the terms or any part thereof run
concurrently with each other. (Section 99.012, F.S.)
Deadline for supervisors of elections to certify the number of valid petition .
signatures for statewide and multicounty office candidates to the Division of
Elections. (Section 99.095, F. S.)
Noon, deadline for minor political party executive committees to submit a
list of statewide, multicounty, county, and district office candidates
nominated by the party to be on the general election ballot to the filing
officer. (Section 99.096, F.S.)
Noon, qualifying begins for statewide, multicounty, county, and district
office candidates. (Section 99.061, F.S.)
Noon, qualifying ends for statewide, multicounty, county, and district office
candidates. (Section 99.061, F.S.)
Midnight, deadline for opposed candidates to accept contributions for the
primary election. (Section 106.08, F.S.)
September 5,2006 Primary election. (Section 100.061, F.S.)
September 14,2006 5 p.m., each candidate for Governor shall designate a lieutenant Governor
as a running mate in writing to the Department of State. lieutenant
Governor candidates must file qualifying papers with the Department of
State by 5 p.m. (Section 99.063, F.S.)
November 2, 2006 Midnight, deadline for opposed candidates to accept contributions for the
general election. (Section 106.08, F.S.)
November 7,2006 General election. (Section 100.031, F.S.)
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Glossary of Terms
Campaign Fund Raiser: Any affair held to raise funds to be used in a campaign for public office.
(Section 106.011(11), F.S.)
Campaign Treasurer: An individual appointed by a candidate as provided for in Chapter 106,
F.S. (Section 106.011(9), F.S.)
Candidate: Any person to whom anyone or more of the following applies:
· Any person who seeks to qualify for nomination or election by means of the petitioning
process;
· Any person who seeks to qualify for election as a write~in candidate;
· Any person who receives contributions or makes expenditures, or gives his or her consent for
any other person to receive contributions or make expenditures, with a view to bringing about
his or her nomination or election to, or retention in, public office;
· Any person who appoints a campaign treasurer and designates a primary depository; or
· Any person who files qualification papers and subscribes to a candidate's oath as required by
law.
This definition does not include any candidate for a political party executive committee. (Sections
97.021(4) and 106.011(16), F.S.)
Contribution: (See Section 106.011(3), F.S. and Chapter 10, Contributions.)
Election: Any primary election, special primary election, general election, special election, or
municipal election held in this state for the purpose of nominating or electing candidates to public
office, choosing delegates to the national nominating conventions of political parties, or submitting
an issue to the electors for their approval or rejection. (Section 106.011(6), F.S.)
Electioneering Communication: A paid expression in any communications media by means
other than the spoken word in direct conversation that: (1) refers to or depicts a clearly identified
candidate for office or contains a clear reference indicating that an issue is. to be voted on at an
election, without expressly advocating the election or defeat of a candidate or the passage or
defeat of an issue; (2) for communications referring to or depicting a clearly identified candidate
for office, is targeted to the relevant electorate (if 1,000 or more persons in the geographical area
the candidate would represent if elected will receive the communication); (3) for communications
referring to or depicting a clearly Identified candidate for office, is published after the end of the
candidate qualifying period for the office sought by the candidate; (4) for communications
containing a clear reference indicating that an issue is to be voted on at an election, is published
after the issue is designated a ballot position or 120 days before the date of the election on the
issue, whichever occurs first. (Section 106.011(18), F.S.)
expenditure: (See Section 106.011(4), F.S. and Chapter 11, Expendit'!res.)
Filing Officer: The person before whom a candidate qualifies, the agency or officer with whom a
political committee registers, or the agency by whom a committee of continuous existence is
certified. (Section 106.011(14), F.S.)
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General Election: An election held on the first Tuesday after the first Monday in November in the
even-numbered years, for the purpose of filling national, state, county,' and district offices and for
voting on constitutional amendments not otherwise provided for by law. (Section 97.021(14), F.S.)
Independent Expenditure: (See Section 106.011(5), F.S. and Chapter 11, Expenditures.)
Judicial Office: Includes the office of Justice of the Supreme Court, judge of a district court of
appeal, judge of a circuit court, and county court judge. A judicial office is a nonpartisan office and
a candidate for election or retention thereto is prohibited from campaigning or qualifying for such
an office based on party affiliation. (Section 105.011, F.S.)
Minor Political Party: Any group which on January.1 preceding a primary election does not have
registered as members five percent of the total registered electors of the state. (Section
97.021(17), F.S.)
Nominal Value: Having a retail value of$10 or less. (Section 97.021(19), F.S.)
Nonpartisan Office: An office for which a candidate is prohibited from campaigning or qualifying
for election or retention in office based on party affiliation. (Section 97.021(20), F.S.)
Office Account: A candidate elected to office or a candidate who will be elected to office by
virtue of his or her being unopposed may transfer funds from the campaign account to an office
account up to limits listed under Section 106.141(5), F.S. This fund must be used only for
legitimate expenses in connection with the candidate's public office, (Section 106.141, F.S.)
Person: An individual or a corporation, association, firm, partnership, joint venture, joint stock
company, club, organization, estate,. trust, business trust, syndicate, or other combination of
individuals having collective capacity. The term includes a political party, political committee, or
committee of continuous existence. (Section 106.011(8), F.S.)
Petty Cash: Cash spent in amounts of less than $100 to be usec;i only for office supplies,
transportation expenses, and other necessities by the candidate. (Sections 106.07 and 106.12,
F.S.)
Political Advertisement: (See Section 106.011(17), F.S. and Chapter 12, Political Advertising.)
Primary Election: An election held preceding the general election for the purpose of nominating
a party nominee to be voted for in the general election to fill a national, state, county, or district
office. (Section 97.021(27), F.S.)
Public Office: Any state, county, municipal, or school or other district office or position which is
filled by vote of the electors. (Section 106.011(10), F.S.)
Special Election: Called for the purpose of voting on a party nominee to fill a vacancy in the
national, state, county, or district office. (Section 97.021(32), F.S.)
Special Primary Election: A special nomination election designated by the Governor, called for
the purpose of nominating a party nominee to be voted on in a general or special election.
(Section 97.021(33), F.S.)
Unopposed Candidate: A candidate for nomination or election to an office, who, after the last
day on which any person, including a write-in candidate, may qualify, is without opposition in the
election at which the office is to be filled or who is without such opposition after such date as a
result of any primary election or of withdrawal by other candidates seeking the same office. A
candidate is not an unopposed candidate if there is a vacancy to be filled under Section
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100.111(4), F.S., if there is a legal proceeding pending regarding the right to a ballot position for
the office sought by the candidate, or if the candidate is seeking retention as a justice or judge.
(Section 106.011(15), F.S.) .
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Chapter 6
Becoming a Candidate.
A candidate is any person who:
1. Seeks to qualify for nomination or election by means of the petitioning process;
2. Seeks to qualify for election as a write-in candidate;
3. Receives contributions or makes expenditures, or consents for any other person to receive
contributions or make expenditures, with a view to bring about his or her nomination or
election to, or retention in, public office;
4. Appoints a treasurer and designates a primary depository; or
5. Files qualification papers and subscribes to a candidate's oath as required by law.
(Section 106.011(16), F.S.)
What to File
Form OS-DE 9, Appointment of Campaign Treasurer and Designation of Campaign
Depository for Candidates .is the first document that must be filed with the filing officer to
become a candidate. At the same time, the candidate must designate the office for which he or
she is running. A candidate can appoint a campaign treasurer and designate a campaign
depository at any time, but no later than the date the candidate qualifies for office. Nothing
prohibits a person from announcing their intention to become a candidate prior to filing Form DS-
DE 9, as long as no contributions are received and no expenditures are made.
Form OS-DE 9:
1. Shall be filed with the filing officer prior to opening the campaign account.
2. Is not effective until the campaign treasurer signs it and it is filed with the filing officer.
3. Is not considered "filed" upon mailing. .
4. For offices not voted upon statewide, 1 a copy must also be filed with the supervisor of
elections in the county in which the candidate resides at the same time. it is filed with the
Division of Elections.2
5. Shall be on file with the filing officer prior to the candidate accepting any contributions or
making any expenditures, or authorizing another to accept contributions or make
expenditures on the person's behalf.
1 For purposes of Chapter 106, F.S., statewide office only applies to candidates for Governor,
Cabinet, and Supreme Court. '
2 For special districts, candidates should check with the supervisor of elections of the special
district office in case the law which created the district prescribes a different filing officer.
9
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Form OS-DE 84, Statement of Candidate must be filed with the filing officer within 10 days after
filing Form OS-DE 9. This form states that the candidate has received, read, and understands the
requirements of Chapter 106, F.S. The execution and filing of the statement of candidate does
not in and of itself create a presumption that any violation of Chapter 106, F.S., or Chapter 104,
F.S., is a willful violation as defined in Section 106.37, F.S.
Form OS-DE 83, Statement of Candidate for Judicial Office must be filed by each candidate
for judicial office, including an incumbent judge, within 10 days after filing Form OS-DE 9. This
form states that the judicial candidate has received, read, and understands the requirements of
the Florida Code of Judicial Conduct.
(Sections 105.031, 106.021 and 106.023, F.S.)
Filing Officer
The filing officer is the person before whom a candidate qualifies:
Division of Elections ....................... State, multicounty, district, and judicial offices
(except county court jUdge)
Supervisor of Elections................... County court judge, countywide, and district offices
(except multicounty)
Municipal Clerk ............................... Municipal offices
(Section 106.011(14), F.S.)
Resign-to-Run
No officer may qualify as a candidate for another public office (whether state, district, county, or
municipal) if the terms or any part thereof run concurrently with each other, without resigning from
the office he or she presently holds. The resignation is irrevocable.
The written resignation must be submitted at least ten days prior to the first day of qualifying for
the office. The resignation must be effective no Jater than the earlier of the following dates:
1. The date the officer would take office, if eJected; or
2. The date the officer's successor is required to take office.
(Section 99.012(3), F.S.)
Changing Parties for Partisan Offices
A person who has been a candidate for nomination of a political party may not change parties
and seek the nomination of another party during the six months preceding the general election.
(Section 99.021, F.S.)
Changing the Designation of Office
A candidate can change the designation of office by filing a new Form OS-DE 9 with the filing
officer. However, the candidate must. notify each contributor in writing and offer to return their
contribution using the following procedure:
10
. .
1. Within fifteen days after filing the change with the filing officer. the candidate must send a
written notice to all contributors.
2. The candidate must offer (in the notice) to return to the contributor on a pro rata basis all
contributions given in support of the original office.
3. The candidate must include (with the notice) a copy of Form OS-DE 86, Request for
Return of Contribution.
4. If the contributor returns Form D&DE 86 within 30 days of receiving the notice, the
candidate must return a pro rata share of all contributions given in. support of the original
office.
5. If the contributor does not return Form DS-DE 86 within 30 days of receiving the notice. the
candidate may use the contribution for the newly designated office.
If the candidate is changing the numerical designation of the office that has resulted solely from
redistricting the above notice requirement is unnecessary.
The following formula is used to determine the pro rata share:
The amount of contributions contributed to the campaign that remains in the campaign account
on the date the candidate filed the change of designation
MINUS
The amount already obligated for goods or services
DMDED BY
The total amount of contributions contributed to the campaign
MULTIPLIED BY
The amount of the contribution contributed by the individual contributor
Pro Rata Refund Example
The candidate received a total of $5,000 from all contributors. Of this amount, the candidate has
$2,500 remaining in the campaign account with an outstanding amount of $500 owed for goods
and services. This leaves $2,000 in the account to be used for pro ra~ refunds. One contributor
gave a $500 original contribution and wishes to have it returned.
$2,500 - $500 = $2,000 + $5,000 = 40% x $500 = $200
(Section 106.021(1), F.S.)
11
Chapter 7
Prohibited Acts
Speaking at Political Meetings
No person shall pay money or give anything of value for the privilege of speaking at a political
meeting in the furtherance of his or her candidacy, nor shall anyone speaking for such a person
pay money or give anything of value for such privilege.
(Section 106.15(1), F.S.)
Using State-Owned Aircraft or Motor Vehicle
No candidate, in the furtherance of his or her candidacy for nomination or election to public office
in any election, shall use any state-owned aircraft or motor vehicle, as provided in Chapter 287,
F.S., solely for the purpose of furthering his or her candidacy. However, in the event a candidate
uses any state-owned aircraft or motor vehicle to conduct official state business and while on
such trip performs any function in the furtherance of his or her candidacy for nomination or
election to public office in any election, the candidate shall prorate the expenses incurred and
reimburse the appropriate agency for any trip not exclusively for state business and shall pay
either a prorated share of all fixed and variable expenses related to the ownership, operation, and
use of such aircraft or one-half of the total 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. .
(Section 106.15(2), F.S.)
Using Services of State, County, Municipal, or District Officers
or Employees
A candidate may not, in the furtherance of his or her candidacy for nomination or election to
public office in any election, use the services of any state, county, municipal, or district officer or
employee of the state during working hours.
(Section 106.15(3), F.S.)
Making Contributions in the Name of Another
A person may not make any contribution through or in the name of another, directly or indirectly,
in any election.
(Section 106.08(5), F.S.)
Solicitation from Religious, Charitable and Civic Organizations
Candidates may not:
1. Solicit contributions from any religious, charitable, civic, or other causes or organizations
established primarily for the public good.
12
. .
2. Make contributions, in exchange for political support, to any religious, charitable, civic, or
other cause or organizations established primarily for the public good.
It is not a violation:
1. To make gifts of money in lieu of flowers in memory of a deceased person.
2. For a candidate to continue membership in, or make regular donations from personal or
business funds to, religious, political party, civic, or charitable groups of which the candidate
is a member or to which the candidate has been a regular donor for more than six months.
3. For a candidate to purchase, with campaign funds, tickets, admission to events, or
advertisements from religious, civic, political party, or charitable groups.
(Section 106.08(5), F.S.)
Accepting Contributions in a Government-Owned Building
No person shall make and no person shall solicit or knowingly accept any political contribution in
a building owned by a govemmentalentity. "Accept" means to receive'a contribution by personal
hand delivery from a contributor or the contributor's agent. This prohibition does not apply when a
government-owned building or any portion thereof is rented for the specific purpose of holding a
campaign fund raiser.
(Section 106.15(4), F.S.)
Making Malicious Statements
A candidate may not, with actual malice, make any false statement about an opposing candidate.
(Section 104.271, F.S.)
Certifying a False Report
Any candidate, campaign manager, campaign treasurer, or deputy treasurer who willfully certifies
the correctness of any report while knowing that such report is incorrect, false, or incomplete
commits a misdemeanor of the first degree.
(Sections 106.07(5) and 106.19, F.S.)
Limitations on Political Activity for Judicial Candidates
A candidate for judicial office shall not:
1. Participate in any partisan political party activities, except that such candidate may register to
vote as a member of any political party and may vote in any party primary for candidates for
nomination of the party in which he or she is registered to vote.
2. Campaign as a member of any political party.
3. Publicly represent or advertise herself or himself as a member of any political party.
4. Endorse any candidate.
5. Make political speeches other than in the candidate's own behalf.
13
. .
6. Make contributions to political party funds.
7. Solicit contributions for any political party.
8. Accept contributions from any political party.
9. Accept or retain a place on any political party committee.
10. Make any contribution to any person, group, or organization for its endorsement to judicial
office.
11. Agree to pay all or any part of an advertisement sponsored by any person, group, or
organization wherein the candidate may be endorsed for judicial office by any such person,
group or organization.
A candidate for judicial office or retention therein who violates the provisions of this section is
liable for a civil fine of up to $1,000 to be determined by the Florida Elections Commission.
A candidate for judicial office may attend and speak on his or her own behalf at political party
meetings and other functions. However, care must be exercised tp insure compliance with
Chapter 105, F.S., and the Code of Judicial Conduct.
(Section 105.071, F.S., and Division of Elections Opinion 78-34)
14
",
Chapter 8
Campaign Treasurers
Appointing Campaign Treasurers and Deputy Treasurers
Each candidate shall appoint a campaign treasurer by filing Form OS-DE 9, Appointment of
Campaign Treasurer and Designation of Campaign Depository for Candidates with the filing
officer before whom the candidate qualifies. The name and address of the campaign treasurer
must be included on the form. A candidate may appoint a campaign treasurer and designate a
campaign depository at any time, but no . later than the date the candidate qualifies for office. A
candidate who seeks to qualify by the petition process shall appoint a treasurer prior to obtaining
signatures on petitions. Nothing prohibits a person from announcing his or her intention to
become a candidate prior to filing Form OS-DE 9, as long as no contributions are received and no
expenditures are made.
1. The campaign treasurer and deputy treasurer must be registered voters in Florida.
2. A candidate must have one campaign treasurer.
3. A candidate may appoint herself or himself as campaign treasurer or deputy campaign
treasurer.
4. Deputy campaign treasurers are appointed in the same manner as the campaign treasurer
by filing Form OS-DE 9 with the filing officer.
5. A candidate for statewide office may appoint no more than 15 deputy campaign treasurers.
Any other candidate may appoint no more than three deputy campaign treasurers.
Form OS-DE 9:
1. Must be on file with the filing officer prior to opening the campaign account.
2. Is not effective until the campaign treasurer signs it and it is filed with the filing officer.
3. Is not considered "filed" upon mailing.
4. For offices not voted upon statewide, a copy must be filed with the supervisor of elections in
the county in which the candidate resides at the same time it is filed with the Division of
Elections. If the candidate resides in Leon County he or she need only file this form with the
Division of Elections.
5. Must be on file with the filing officer prior to the candidate accepting any contributions or
making any expenditures, or authorizing another to accept contributions or make
expenditures on the person's behalf.
(Section 106.021, F.S.)
15
. ..
Duties and Responsibilities
No contribution or expenditure. including contributions or expenditures ofa candidate or of the
candidate's family. shall be directly or indirectly made or received in furtherance. of the candidacy
of any person for nomination or election to political office in the state except through the duly
appointed campaign treasurer of the candidate, subject to the following exceptions:
1. Independent expenditures;
2. Reimbursements to a candidate or any other individual for expenses incurred in connection
with the campaign by a check drawn upon the campaign account and reported pursuant to
Section 106.07(4), F.S. The full name and address of each person to whom the candidate or
other individual made payment for which reimbursement was made by check drawn upon the
campaign account shall be reported pursuant to Section 106.07(4), F.S., together with the
purpose of such payment;
3. Expenditures made indirectly through a treasurer for goods or services, such as
communications media placement or procurement services, campaign signs, insurance, or
other expenditures that include multiple integral components as part of the expenditure and
reported pursuant to Section 106.07(4)(a)13.; or
4. Expenditures made directly by any political committee or political party regulated by Chapter
103, F.S., for obtaining time, space or services in or by any communications medium for the
purpose of jointly endorsing three or more candidates, and any such expenditure shall not be
considered a contribution or expenditure to or on behalf of any. such candidate for the
purposes of this chapter.
The campaign treasurer:
1. Shall keep detailed accounts of all contributions received and all expenditures made by or
on behalf of the candidate. Such accounts must be kept current within not more than two
days after the date a contribution is received or an expenditure is made. .
2. Shall keep detailed accounts of all deposits made in any separate interest-bearing account
or certificate of deposit and all withdrawals made from these accounts to the primary
depository and all interest earned.
3. Shall preserve all accounts for a number of years equal to the term of office to which the
candidate seeks election.
4. Shall file regular reports of all contributions received and expenditures made by or on behalf
of such candidate.
5. May be fined $1,000 or more or be subjected to criminal penalties for failing to file a
campaign report or filing an incomplete or inaccurate report.
Deputy campaign treasurers may exercise any of the powers and duties of the campaign
treasurer when specifically authorized to do so by the campaign treasurer and candidate.
Accounts, including separate interest~bearing accounts and certificates of deposit, kept by the
campaign treasurer of a candidate 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 Florida Elections Commission.
(Sections 106.021, 106.06, 106.07, 106.19 and 106.265, F.S.)
16
"
Resignation or Removal
IMPORTANT: When a campaign treasurer resigns or is removed by the candidate, a copy of the
letter of resignation or removal must be filed with the filing officer.
A campaign treasurer or deputy treasurer can resign by:
1. Submitting his or her resignation to the candidate in writing; and
2. Filing a copy with the filing officer. The resignation is not effective until a copy of the written
resignation is filed with the filing officer.
A candidate may remove the campaign treasurer or deputy treasurer by:
1. Giving written notice to the campaign treasurer or deputy treasurer; and
2. Filing a copy with the filing officer. The removal is not effective until a copy of the written
notice is filed with the filing officer.
In the case of death, resignation, or removal of a campaign treasurer or deputy treasurer, the
candidate shall appoint a successor by certifying the name and address to the filing officer on
Form OS-DE 9, Appointment of Campaign Treasurer and Designation of Campaign Depository
for Candidates. .
(Section 106.021(2), F.S.)
17
Chapter 9
Campaign Depositories
Primary Campaign Depository
A candidate must designate a primary campaign depository with a bank, savings and loan
association, or credit union authorized to do business in the State of Florida. The campaign
depository may be designated at any time, but no later than the date ,the candidate qualifies for
office. A candidate who seeks to qualify by the petition process shall designate a campaign
depository prior to obtaining signatures on petitions.
IMPORT ANT: All contributions must be deposited into such account and all expenditures must be
drawn by a check on such account.
A candidate must file the name and address of the primary campaign depository with the same
officer with whom the candidate files the name of his or her campaign treasurer on Fonn OS-DE
9, Appointment of Campaign Treasurer and Designation of Campaign Depository for
Candidates.
The campaign account must be separate from any personal or other account and used only for
depositing campaign contributions and making expenditures.
Designating a campaign depository does not mean physically opening your account. It is merely
naming the financial institution where your campaign funds will be deposited. This is because
most banks require an initial deposit to open a campaign account and a contribution can not be
accepted prior to the candidate filing Fonn OS-DE 9.
All funds received by the campaign treasurer shall, prior to the end of the fifth business day
following the receipt thereof, Saturdays, Sundays, and legal holidays excluded, be deposited in a
campaign depository designated pursuant to Section 106.021, F.S., in an account designated
"(Name of Candidate) Campaign Account. II
IMPORTANT: All deposits must be accompanied by a bank deposit slip containing the name of
each contributor and the amount contributed by each.
(Sections 106.021(1) and 106.05, F.S.)
Secondary Campaign Depository
A candidate may designate one secondary depository in each county where an election is held in
which the candidate partiCipates for the sole purpose of depositing contributions for transfer into
the primary depository.
A candidate must file the name and address of each secondary. campaign depository with the
same officer with whom the candidate files the name of his or her campaign treasurer on Form
OS-DE 9.
If a contribution is deposited in a secondary depository, the depository shall forward the full
amount of the deposit, along with a copy of the deposit slip, to the primary depository prior to the
end of the first business day following the deposit.
(Sections 106.021(1) and 106.05, F.S.)
18
. 1
Separate Interest-Bearing Accounts and Certificates of Deposit
In the event funds are available in the primary campaign depository that are not currently needed
for the disbursement of expenditures, the campaign treasurer or deputy campaign treasurer may
deposit such funds into a separate interest-bearing account designated as "(Name of Candidate)
Separate Interest-Bearing Campaign Account" or may purchase a certificate of deposit with the
available funds.
Any bank, savings and loan association, or credit union authorized to transact business in Florida
may be used for this purpose. The separate interest-bearing account or certificate of deposit shall
be separate from any personal or other separate interest-bearing account or certificate of deposit.
Any withdrawal from a separate interest-bearing account or certificate of deposit of the principal
or earned interest or any part thereof shall be made only for the purpose of transferring funds to
the primary campaign account.
(Section 106.021(1), F.S.)
Campaign Checks
IMPORTANT: When issuing checks from the campaign account, the campaign treasurer or
deputy treasurer shall be responsible for the completeness and accuracy of the information on
such check and for insuring that such expenditure is an authorized expenditure.
Campaign checks must contain the following information:
1. The statement "Campaign Account of (Name of Candidate), "
2. Account number and name of bank,
3. The exact amount of the expenditure,
4. The signature of the campaign treasurer or deputy treasurer,
5. The exact purpose' of the expenditure, and
6. The name of the payee.
This information may be typed on starter checks provided by the bank until printed checks arrive.
Campaign Account of Mr. John Doe
State Senate District 3
00001
TO THE
ORDER OF
XYZ Lumber Company
$
200,00
'F"
~~
<
'tt
~~
;~
"'-.\.
f~
i~
?'<
;(c.
?~
.R.~.
v~
~
~
~
,T
~~~:
~
Date 7/2/06
Two Hundred and 00/1 00
BANK OF FLORIDA
TALLAHASSEE, FL 32323
DOLLARS
FOR Sign materials
003382558:0326 0075894
Signature of Campaign Treasurer
"-~
(Section 106. 11(1), F.S.}
19
Debit Cards
A candidate may use a debit card to make campaign expenditures. (See Chapter 11,
Expenditures.)
(Section 106.11(2), F.S., and Division ofE/ections Opinion 00-03)
Credit Cards
Candidates for statewide office may obtain and use credit cards for travel-related campaign.
expenditures. (See Chapter 11, Expenditures.)
(Section 106.125, F. S.)
20
STATE OF FLORIDA OFFICE USE ONLY
APPOINTMENT OF CAMPAIGN TREASURER
AND DESIGNATION OF CAMPAIGN DEPOSITORY
FOR CANDIDATES
(Section 106.021(1), F.S.)
(PLEASE TYPE)
CHECK APPROPRIATE BOX:
mJ Oriainal ADDointment 0 DeDutv Treasurer 0 ReaDDointment of Treasurer . 0 Secondary Depositorv
Name of Candidate 1. Address (include post office box or street, city, state, zip code)
John Doe 123 First Street
Tallahassee, FL 33559
Telephone (optiona~ 2. Party (Partisan candidates only) 3. Office (add district, circuit, group number)
(850) 123-4567 Republican State Senate, District 3
I have appointed the following person to act as my mJ Campaign Treasurer 0 Deputy Treasurer
4. Name of Treasurer or Deputy Treasurer
Joe Smith
5. Mailing Address (If post office box or drawer add street address) 6. Telephone
456 Second Street (850) 890-1112
7. City 8. County 9. State 10. Zip Code
Tallahassee Leon Florida 34567
I have designated the following named bank as my mJ Primary Depository 0 Secondary Depository
11. Name of Bank 12. street Address
State Bank of Florida 1314 Fifth Street
13. City 14. County 15. State 16, Zip Code
Tallahassee Leon Florida 67890
17. Signature of Candidate Date
X John Doe 01/01/06
Campaign Treasurer's Acceptance of Appointment
I, Joe Smith , do hereby accept the appointment as
(Please Print or Type)
mJ Campaign Treasurer 0 Deputy Treasurer for the campaign of John Doe ,
who is seeking nomination or election as a Renublican candidate to the office of
(Party)
State Senate, District 3 . As a duly registered voter in Leon
County, Florida, I am qualified to accept this appointment.
UNDER PENAL TIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING CAMPAIGN TREASURER'S
ACCEPTANCE OF APPOINTMENT AND THAT THE FACTS STATED ARE TRUE.
01/01/06 X Joe Smith
Date Signature of Campaign Treasurer or Deputy Treasurer
OS-DE 9 (Rev. 02106)
21
. ' ,
Chapter 10
Contributions
A contribution is:
1. A gift, subscription, conveyance, deposit, loan, payment or distribution of money or
anything of value made for the purpose of influencing the results of an election or making
an electioneering communication. These include contributions in-kind, having an
attributable monetary value in any form;
2. A transfer of funds between political committees, between committees of continuous
existence, or between a political committee and a committee of continuous existence;
3. The payment, by any person other than a candidate, of compensation for the personal
services of another person which are rendered to a candidate without charge to the
candidate for such services; or
4. 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. The
term includes any interest earned on such account or certificate.
The exceptions are:
1. Services provided without compensation by individuals volunteering a portion or all of their
time on behalf of a candidate including, but not limited to, legal and accounting services;
2. Editorial endorsements.
IMPORTANT: The law proVides no exceptions for reporting contribution information, regarrJless
of the size of the contribution (e.g., the reporting requirements would be the same for a 50 cent
contribution as for a $500 contribution).
Unauthorized Contributions
(Section 106.011(3), F.S.)
Any contribution receiVed by a candidate with oppoSition in an election or by the campaign
treasurer or deputy campaign treasurer on the day of that election or less than five days prior to
the day of the election must be returned to the contributor and may not be used or expended by
or on behalf of the candidate.
Anonymous Contributions
(Section 106.08(3), F. S.)
When a candidate receives an anonymous contribution it must be reported on the candidate's
campaign treasurer's report as an anonymous contribution. A cover letter should accompany the
report explaining the contribution is anonymous and, therefore, impossible to return.
22
. .
The candidate can not spend the anonymous contribution, but at the. end of the campaign can
donate the amount to an appropriate entity under Section 106.141, F.S.
(Division of Elections Opinion 89-02)
In-Kind Contributions
In-kind contributions are anything of value made for the purpose of influencing the results of an
election.
The exceptions are:
1. Money;
2. Personal services provided without compensation by individual volunteers;
3. Independent expenditures, as defined in Section 106.011(5), F.S.; or
4. Endorsem~nts of three or more candidates by political committees or political parties.
IMPORTANT: Any person who makes an in-kind contribution shall, .at the time of making the
contribution, place a fair market value on the contribution. In-kind Contributions. are subject to
contribution limitations.
(Sections 106.011 and 106.055, F.S.)
Loans
Loans are considered contributions and are subject to contribution limitations; however, loans
made by a candidate to his own campaign are not subject to contribution limitations. Loans to or
from each person or political committee must be reported together with names, addresses,
occupations, and principal places of business, if any, of the lenders and endorsers, including the
date and amount of each loan on the campaign treasurer's report.
All personal loans exceeding $500 in value, made to a candidate and used for campaign
purposes and made in the twelve months preceding his or her election to office, must be reported
on Forms OS-DE 73 and 73A, CampaIgn Loans Report, and filed with the filing officer within
ten days after being elected to office.
Any person who makes a contribution to pay all or part of a loan incurred in the twelve months
preceding the election, to be used for the campaign, may not contribute more than the amount
allowed in Section 106.08(1), F.S.
(Sections 106.011, 106.07 and 106.075, F.S.)
Cash Contributions
A person may not make or accept contributions in cash or by means ofa cashier's check in
excess of $100.
IMPORTANT: Cash contributions should be reported on campaign treasurer's reports to include
the full name and address of each person who gave a cash contribution during the reporting
period, together with the amount and date of such cash contribution.
(Sections 106.07(4) and 106.09, F.S.)
23
"
Debit and Credit Card Contributions
A candidate may accept contributions via a credit card, debit card, or money order. These
contributions are categorized as a "check" for reporting purposes. .
(Division of Elections Opinions 94-02 and 00-03)
Contribution Limits for Candidates
IMPORTANT: Except for pOlitical parlies, no person, political committee, or committee of
continuous existence may make contributions in excess of $500 per election to any candidate for
election or retention in office. The primary and general elections are separate elections.
These limits do not apply to contributions made by a state or county executive committee of a
political party regulated by Chapter 103, F.S., or to amounts contributed by a candidate to his
own campaign.
Federal law prohibits contributions from foreign nationals to any federal, state, or local candidate,
unless the foreign national possesses a green carel. Further. information can be accessed by
contacting the Federal Election Commission at 1-800.424-9530 or on their website at
www.fec.Qov.
A candidate may not:
1. Accept contributions until Form OS-DE 9, Appointment of Campaign Treasurer and
Designation of Campaign Depository for Candidates, is filed with the filing officer;
2. Accept a contribution in excess of $500 from anyone person per election, provided the
candidate is an opposed candidate and the contribution is received within the timeframe
applicable to each election;
3. Accept contributions from family members in excess of $500 per election;
4. Accept more than $100 per election from an unemancipated child under the age of 18;
5. Accept contributions which in the aggregate exceed $50,000 from national, state, including
any subordinate committee (which includes any political committee or committee of
continuous existence affiliated with a political party) of a national, state, or county
committee of a political party, and county executive committees of a political party; no more
than $25,000 of such contributions may be accepted prior to October 10, 2006. Polling
services, research services, cost for campaign staff, professional consulting services, and
telephone calls are not contributions to be counted toward the contribution limits, but must
still be reported by the candidate. All other contributions . are counted toward the
contribution limits;
6. A candidate for statewide office may not accept contributions from a national, state, or
county executive committee of a political party, including any subordinate committee of a
national, state, or county committee of a political party, which contributions in the aggregate
exceed $250,000, no more than $125,000 of which may be accepted prior to October 10,
2006; or
7. Accept contributions after the date he or she withdraws his or her candidacy, is defeated,
becomes unopposed or is elected.. .
(Sections 106.08 and 106.19, F.S.)
24
2006 Deadlines for Accepting Contributions
Any contribution received by a candidate with opposition in an election, or the campaign treasurer
or deputy campaign treasurer, on the day of that election or less than five days prior to the day of
that election must be retumed to the contributor. It may not be used or expended by or on behalf
of the candidate.
A political party may not accept any contribution that has been specifically designated for the
partial or exclusive use of a particular candidate. Any contribution so designated must be returned
to the contributor and may not be used or expended by or on behalf of the candidate.
Any contribution received by a state or county executive committee less than five days before an
election shall not be used or expended on behalf of any candidate, issue, or political party .
participating in such election.
The primary and general elections are considered separate elections for contribution purposes.
If opposed in the primary election the candidate may accept:
· $500 no later than midnight on August 31, 2006
If opposed in the primary and general elections the candidate may accept:
· $500 no later than midnight on August 31, 2006
· $500 between September 6 and midnight on November 2, 2006
If opposed in the general election only the candidate may accept:
· $500 up through the day of the primary election on September 5, 2006
· $500 between September 6 and midnight on November 2, 2006
Justice of the Supreme Court or Judge, District Court of Appeal (considered an opposed
candidate but only has one election, the general election) may accept:
· $500 no later than midnight on November 2,2006 (contributions may be accepted during
the primary election, but must be applied toward the general election limitation).
Circuit Judge or County Court Judge candidates (have two elections, the primary and general
elections) may accept: .
If opposed in the primary election only:
· $500 no later than midnight on August 31, 2006
If opposed in the primary and general elections:
· $500 no later than midnight on August 31,2006
· $500 between September 6 and midnight on November 2, 2006
Any person who commits a willful violation of this section commits a misdemeanor of the first
degree, punishable as provided in Section 775.082 or Section 775.083, F.S.
(Sections 106.08, 106.19 and 106.29, F.S.)
"
Violations
Any candidate, campaign manager, campaign treasurer, or deputy treasurer of any candidate,
agent or person acting on behalf of any candidate, or other person who knowingly and willfully:
1. Accepts a contribution in excess ofthe limits prescribed by Section 106.08, F.S.;
2. Fails to report any contribution required to be reported by Chapter 106, F.S.;
3. Falsely reports or deliberately fails to indude any information required by Chapter 106, F.S.;
or
4. Makes or authorizes any expenditure in violation of Section 106.11(4), F.S., or any other
expenditure prohibited by Chapter 106, F.S.;
is guilty of a misdemeanor of the first degree, punishable as provided in Section 775.082 or
Section 775.083, F.S.
(Section 106.19, F.S.)
26
Chapter 11
Expenditures
An expenditure is a purchase, payment, distribution, loan, advance, 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, or gift of money or anything of value made for
the purpose of influencing the results of an election or making an electioneering communication.
IMPORTANT: Only a campa!gn treasurer or deputy campaign treasurer is allowed to sign checks
drawn on the campaign account. The campaign treasurer or deputy campaign treasurer who
signs a check shall be responsible for the completeness and accuracy of the information on the
check and for ensuring it is an authorized expenditure. .
A candidate or other individual may be reimbursed for expenses incurred in connection with the
campaign by a check drawn on the campaign account and reported pursuant to Section
106.07(4), F.S. The full name and addtess of each person to whom the candidate or other
individual made payment for which reimbursement was made by check drawn upon the campaign
account shall be reported pursuant to Section 106.07(4), F.S., together with the purpose of such
payment.
A candidate or the spouse of a candidate may not use campaign ful'!ds to defray normal living
expenses for the candidate or the candidate's immediate family other than expenses actually
incurred during the campaign for transportation, meals and lodging.
A candidate shall:
1. Pay all campaign expenditures by a check drawn on the campaign aCCOunt (except petty
cash);
2. Pay the qualifying fee by a check drawn on the campaign account;
3. Pay for all expenses authorized or incurred for the purchase of goods or services upon final
delivery and acceptance of the goods or services; and
4. Pay for public utilities such as telephone, electric, gas,' water and like services when the bill
is received. Utility companies providing services to candidates must charge a deposit
sufficient to meet all anticipated charges during a billing period.
IMPORTANT: No candidate, campaign manager, treasurer, deputy treasurer, or any person
acting on behalf of the foregoing, shall authorize any expenses, unless there are sufficient funds
on deposit in the primary depository account of the candidate to pay the full amount of the
authorized expense, to honor all other checks draw on such account, which checks are
outstanding, and to meet all expenses previously authorized but not yet paid.
Sufficient funds means that the funds at issue have been delivered for deposit to the financial
institution at which such account is maintained and not that such funds are available for
withdrawal in accordance with the deposit rules or the funds availability policies of such financial
institution.
(Sections 106.01.1(4), 106.021(3), 106.14 and 106.1405, F.S.)
27
Petty Cash Funds
A campaign treasurer may provide a petty cash fund for the candidate. To establish a petty cash
fund, the campaign treasurer must write a check drawn on the primary campaign account. Petty
cash may only be used for office supplies, transportation expenses, and other necessities.
A candidate must:
1. Spend petty cash in amounts of less than $100;
2. Report the total amount withdrawn and the total amount spent for petty cash in each
reporting period;
3. Keep complete records of petty cash although each expenditure does not have to be
reported individually;
4. Not mix cash contributions with petty cash; and
5. Not use petty cash for the purChase of time, space, or services from any communications
media.
From the day a candidate appoints his or her campaign treasurer until the last day a candidate
can qualify for office the campaign treasurer may withdraw from the campaign account for the
purpose of providing a petty cash fund for the candidate:
· $500 per calendar quarter.
After qualifying is over and until the election in which the candidate is eliminated or elected to
office or the time in which the candidate becomes unopposed the treasurer may withdraw:
· $500 per week for all statewide candidates.
· $100 per week for all other candidates.
(Sections 106.07 and 106.12, F.S.)
Independent Expenditures
An independent expenditure means an expenditure made by a person for the purpose of
expressly advocating the election or defeat of a candidate, which expenditure is not controlled
by, coordinated with, or made upon consultation with, any candidate or agent of such candidate.
An expenditure for such purpose by a person having a contract with the candidate or agent of
such candidate in a given election period shall not be deemed an independent expenditure.
If the independent expenditure is, in the aggregate, in the amount of $100 or more, the person
must file a report with the candidate's filing officer.
Political advertisements paid for by an independent expenditure must contain:
1. The following statement: .Paid political advertisement paid for by (name of person or
committee paying for the advertisement) independently of any (candidate). "
1. The name and address of the person paying for the advertisement.
2. A statement that no candidate has approved the advertisement.
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An expenditure for the purpose of expressly advocating the election or defeat of a candidate
which is made by the national, state, or county executive committee of a political party, including
any subordinate committee of a national, state, or county committee of a political party, or by any
political committee or committee 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 candidate's campaign, or an agent of the candidate
acting on behalf of the candidate, including any pollster, media consultant, advertising
agency, vendor, advisor, or staff member concerning the preparation of, use of, or payment
for, the specific expenditure or advertising campaign at issue; or .
2. Makes a payment in cooperation, consultation, or concert with, at the .request or suggestion
of, or pursuant to any general or particular understanding with the candidate, the candidate's
campaign, a political committee supporting the candidate, or an agent of the candidate
relating to the specifiC expenditure or advertising campaign at issue; or
3. Makes a payment for the dissemination, distribution, or republication, in whole or in part, of
any broadcast or any written, graphic, or other form of campaign material prepared by the
candidate, the candidate's campaign, or an agent of the candidate, induding any pollster,
media consultant, advertising agency, vendor, advisor, or staff member; or
4. Makes a payment based on information about the candidate's plans, projects, or needs
communicated to a member of the committee or person by the candidate or any agent of the
candidate, provided the committee or person uses the information in any way, in whole or in
part, either directly or indirectly, to design, prepare, or pay for the specific expenditure or
advertising campaign at issue; or
5. After the last day of qualifying for statewide or legislative office, there is a consultation about
the candidate's plans, projects, or needs in connection with the candidate's pursuit of election
to office and the information is used in any way to plan, create, design, or prepare an
independent expenditure or advertising campaign with:
a. Any officer, director, employee or agent of a national, state or county executive
committee of a political party that has made or intends to make expenditures in
connection with or contributions to the candidate; or
b. Any person whose professional services have been retained by a national, state or
county executive committee of a political party that has made or intends to make
expenditures in connection with or contributions to the candidate; or
6. After the last day of qualifying for statewide or legislative office, retains the professional
services of any person also providing those services to the candidate in connection with the
candidate's pursuit of election to office; or
7. Arranges, coordinates, or directs the expenditure, in any way, with the candidate or an agent
of the candidate.
(Sections 106.011(5), 106.071 and 106.143, F.S.,
Credit Cards
Candidates for statewide office may obtain a credit card I,Inder the following conditions:
1. For use in making travel-related campaign expenditures to indude transportation, lodging,
meals, and other travel expenses incurred.
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2. It must be obtained from the same bank designated as the primary campaign depository.
3. It must be in the name of the candidate and reflect that it is a campaign account.
4. A copy of the agreement or contract between the candidate and bank, along with a list of all
persons authorized to use the card, must be filed with the Division of Elections prior to
being used.
5. The credit card must expire no later than midnight of the last day of the month of the
general election.
6. Each statement received from the iSSuer of the credit card must be paid upon receipt.
(Section 106.125, F.S.)
Debit Cards
Debit cards may be used in lieu of campaign checks and are considered bank checks if:
1. Obtained from the same bank as the primary campaign depository.
2. Issued in the name of the treasurer, deputy treasurer, or authorized user.
3. States "Campaign Account of (Name of Candidate)."
4. No more than three are issued.
5. A list of all persons authorized to use the card is filed with the Division of Elections prior to
us'e.
6. Expires no later than midnight of the last day of the month of the general election.
7. The person using the card does not receive cash as part of, or independent of, any
transaction for goods or services.
All debit card receipts must contain:
1. Last four digits of the debit card number.
2. Exact amount of expenditure.
3. Name of payee.
4. Signature of campaign treasurer, deputy treasurer, or authorized user.
5. Exact purpose of expenditure.
Any of the above listed information, if not included on the receipt, may be handwritten on, or
attached to, the receipt by the authorized user before submitting to the campaign treasurer. The
debit card user shall be responsible for the completeness and accuracy of the information and for
insuring that such expenditure is authorized.
(Section 106.11, F.S)
30
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,
Electioneering Communications
Electioneering communication means a paid expression in any communications media by means
other than the spoken word in direct conversation that:
1. Refers to or depicts a clearly identified candidate for office or contains a clear reference
indicating that an issue is to be voted on at an election, without expressly advocating the
election or defeat of a candidate or passage or defeat of an issue;
2. Is targeted to the relevant electorate for communications referring to or depicting a clearly
identified candidate for office. A communication is considered targeted if 1,000 or more
persons in the geographic area the candidate would represent if elected will receive the
communication; ,
3. Is published after the end of the candidate qualifying period for the office sought by the
candidate, for communications referring to or depicting a clearly identified candidate for
office; and
4. Is published after the issue is designated a ballot position or 120 days before the date of the
election on the issue, whichever occurs first, for communications containing a clear reference
indicating that an issue is to be voted on in an election.
The exceptions are:
1. A statement or depiction by an organization, in existence prior to the time during which a
candidate named or depicted qualifies or an issue identified is placed, on the ballot for that
election, made in that organization's newsletter distributed only to members of that
organization;
2. An editorial endorsement, news story, commentary, or editorial by any newspaper, radio,
television station, or other recognized news medium;
3. A communication that constitutes a public debate or forum that includes at least two OPPOSing
candidates for an office or one advocate and one opponent of. an issue, or that solely
promotes such a debate or forum and is made by or on behalf of the person sponsoring the
debate or forum, provided that the staging organization:
a. Is either a charitable organization that does not make other electioneering
communications and does not otherwise support or oppose any political candidate or
political party; or a newspaper, radio station, television station, or other recognized news
medium; and
b. Does not structure the debate to promote or advance one candidate or issue position
over another.
An expenditure made for, or in furtherance of, an electioneering communication shall not be
considered a contribution to or on behalf of any candidate and shall not constitute an independent
expenditure, nor be subject to the limitations applicable to independent expenditures.
31
An expenditure for an electioneering communication is made when the earliest of the following
occurs:
1. A person executes a contract for 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.
(Sections 106.011(4) and (18), F.S.)
32
Chapter 12
Political Advertising
A political advertisement is a paid expression in any communications media, 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.
Candidate Disclaimers
Any political advertisement that is paid for by a candidate and thati,s published, displayed, or
circulated prior to, or on the day of, any election must prominently state: .Political advertisement
paid for and approved by (name of candidate) (party afflliation) for (offlce sought)." This
paragraph does not apply to campaign messages designed to be worn by a person.
Any political advertisement of a candidate running for partisan office shall express the name of
the political party of which the candidate is seeking nomination or is the nominee.
If the candidate for partisan office is running as a candidate with no party affiliation, any
advertisement of the candidate must state that the candidate has no party affiliation. A candidate
who is registered in a political party may run as a candidate with "no party affiliation" without
changing his or her registration.
The candidate shall provide a written statement of authorization to the newspaper, radio station,
television station, or other medium for each advertisement submitted for publication, display,
broadcast, or other distribution.
No political advertisement of a candidate who is not an incumbent of the office for which the
candidate is running shall use the word "re-elect: Additionally, such advertisement must include
the word "for" between the candidate's name and office for which the candidate is running, in
order that incumbency is not implied. This paragraph does not apply to bumper stickers or items
designed to be worn by a person.
Examples:
1. Non-incumbent, partisan candidate running for partisan office:
ELECT
JUDY DOMINGO
For State Representative
District 9
Political advertisement paid for and approved by
Judy Domingo, Republican, for State
Representative
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2. Incumbent, partisan candidate running for partisan office:
RE-ELECT
Mike Sharkey
Sheriff
Political advertisement paid for and approved by
Mike Sharkey, Democrat, for Sheriff
3. Non-incumbent, no party affiliation candidate running for partisan office:
~ ELECT
~~ Wess Farosl
For State Senate
Political advertisement paid for and approved by Wess
Farosi, No Party Affiliation, for State Senate
Other Disclaimers
Any other political advertisement published, displayed, or circulated prior to, or on the day of, any
election must prominently be marked .paid political advertisement" or .pd. pol. adv. n and must
state the name and address of the persons sponsoring the advertisement.
The political advertisement must also state whether the advertisement and cost of production is
paid for or provided in-kind by or at the expense of the entity publishing, displaying, broadcasting,
or circulating the political advertisement; or state who provided or paid for the advertisement and
cost of production, if different from, the source of sponsorship. (This paragraph does not' apply if
the source of sponsorship is patently clear from the content or format of the political
advertisement.)
It is unlawful for any candidate or person on behalf of a candidate to represent that any person or
organization supports such candidate. unless the person or organization so represented has
given specific approval in writing to the candidate to make such representation. However, this
paragraph does not apply to editorial endorsement by any newspaper, radio or television station,
or other recognized news medium; and publication by a party committee advocating the
candidacy of its nominees.
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Example
1. Political advertisement for a candidate representing that an organization supports him, paid for
in-kind by the organization, with specific approval from the organization in writing:
ELECT
Joe Cool
Pup P. Dog Foundation
For County Commission, District 1
Democrat
SUDDorted bv PUD P. Dog Foundation
Pd. Pol. Adv. sponsored and paid for in-kind by
Pup P. Dog Foundation, Zero Street, Jupiter, FL 32323
Approved by Joe Cool, Democrat,
For County Commission
July 15, 2006
De~r Sir or Madam:
Please let this letter serve as
our approval of the political
advertisement supporting Joe
Cool for County Commission,
District 1.
The content of this
advertisement was reviewed
and approved in advance.
Sin~ely,
Mr. Canine
Disclaimers for Other Than Independent Expenditures
Any political advertisement, including those paid for by a political party, other 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 candidate 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 medium for each such ~dvertisement submitted for publication, display,
broadcast, or other distribution. This paragraph does not apply to messages used by a candidate
and his or her supporters if those messages are designed to be worn by a person.
Example
1. Political advertisement, not an independent expenditure, offered on behalf of a nonpartisan
candidate:
Dear Sir or Madam:
...
~
..
...
':'
.
POT O'GOLD ORGANIZATION
Supports the Re-Election of
Goldie Green
Nassau County Judge
July 15, 2006
Pd. Pol. Adv. by Pot O'Gold Organization
111 Jewel Street, Tallahassee, FL 32333
Content approved in advance by Goldie Green,
For Nassau County Judge
Please let this letter serve as
my approval of the political
advertisement by the Pot
O'Gold Organization supporting
my candi~acyfor Nassau
County Judge.
Sincerely,
Goldie Green
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Independent Expenditure Disclaimers
Any person who makes an independent expenditure for a political advertisement shall provide a
written statement that no candidate has approved the advertisement to the newspaper, radio
station, television station, or other medium for each such advertisement submitted for publication,
display, broadcast, or other distribution. The advertisement must also contain a statement that no
candidate has approved the advertisement. This paragraph does not apply to campaign
messages used by a candidate and his or her supporters if those messages are designed to be
worn by a person.
Example
1. Independent expenditure political advertisement supporting a partisan candidate running for a
rt' ffi
pa Isan 0 Ice:
Bird of a Feather Assoc.
Birds of a Feather Association July 15, 2006
Supports Dear Sir or Madam:
Tweety Bird The enclosed advertisement is
For Public Defender, FOUrth Circuit an independent expenditure by
Democrat the Birds of a Feather
Association in support of
Paid Political Advertisement paid for by the Tweety Bird for Public
Birds of a Feather Association Defender, Fourth Circuit.
444 Robin Lane, Jacksonville, FL 33433 independently This advertisement was not
of any candidate. approved by any candidate.
This advertisement was not approved by any candidate. Sincerely,
, Gold Finch
Non-incumbent Disclaimers
No political advertisement of a candidate who is not an incumbent of the office for which the
candidate is running shall use the word "re-elect: Additionally, such advertisement must include
the word "fQr" between the candidate's name and office for which the candidate is running, in
order that incumbency is not implied. This paragraph does not apply to bumper stickers or items
designed to be worn by a person.
Examples
1. Non-incumbent, partisan candidate running for partisan office:
A. Newguy
for
County Commission
District 5
Advertisement paid for and approved by
A. Newguy, Independent Party of Florida, for
County Commission
36
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2. Incumbent partisan candidate running for a partisan office:
Re-Elect
M.E. Too
County Commission, District 5
* * *
Political advertisement paid for and approved by
M.E. Too, Republican, for
County Commission
Disclaimers on Novelty Items
None of the requirements of Section 106.143, Florida Statutes, apply to novelty items having a
retail value of $1 0 or less which support, but do not oppose, a candidate or issue.
Examples
A A A A A
" 11111111
Pens/Pencils
Golf Balls
Balloons
Language Other Than English
Any political advertisement which is published, displayed, or produced in a language other than
English may provide the information required by this section in the language used in the
advertisement.
Electioneering Communications Disclaimers
Any electioneering communication shall prominently state "Paid electioneering communication
paid for by . ..(Name and address of person paying for the communication)...." Any person who
fails to include the disclaimer in any electioneering communication that is required to contain such
disdaimer commits a misdemeanor of the first degree, puniShable as provided in Section 775.082
or 775.083, F.S.
Use of Closed Captioning and Descriptive Narrative in all
Television Broadcasts
Each candidate, political party, and political committee must use closed captioning and
descriptive narrative in all television broadcasts regulated by the Federal Communications
Commission that are on behalf of, or sponsored by, a candidate, political party, or political
37
"
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 qualifying officer constitutes a violation of the
Florida Election Code and is under the jurisdiction of the Florida Elections Commission.
(Section 106.165, F.S.)
Other Political Disclaimer Examples
1. Billboards:
2. Items designed to be worn by a person:
:/:1
Re-elect
T.S. DIRT
Sheriff'
(Rep)
3
. Fund raiser mailouts:
Oq]
Mr. John Doe
333 Three Street. I'LL BE THEREI
COME ONEI COME ALLI Miami, FL 33333
Put me down for
Fish Fry - tickets
to Raise Funds for
FRANK JONES Pd. Pol. Adv.
(Adults $10.00 - Kids Under 12 Free) Paid for in-kind by ABC
Pd. Pol. Adv. Committee,
Third Street Miami, FL 33333
Paid for in-kind by ABC Committee, Approved by Frank Jones
Third Street, Miami, FL 33333 (NPA) for
Approved by Frank Jones (NPA) for Dog Catcher
Dog Catcher The purchass of a ticket for or a
The purchase of a ticket for or a contribution contribution to the campaign
to the campaign fund raiser is a contribution fund raiser is 8 contribution to
to the campaign of Frank Jones. the campaign of Frank Jones.
38
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4. Bumper stickers:
B.Beep
School Board, District 17
Political advertisement paid for and approved
by B. Beep, School Board
39
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Chapter 13
Fund Raisers
A campaign fund raiser is any affair held to raise funds to be used in a campaign for pUblic office.
Campaign fund raisers may not be held until the person becomes a candidate.
(Sections 106.011(11) and 106.025, F.S.)
Contributions from Fund Raisers
All monies and contributions received with respect to a campaign fund raiser are campaign
contributions. All contributions are subject to the contribution limits contained in Section 106.08,
F.S., and are to be accounted for and reported as any other contribution.
(Section 106.025, F.S.)
Expenditures for Fund Raisers
All expenditures with respect to a campaign fund raiser which are made or reimbursed by a check
drawn on the campaign account of the candidate are campaign expenditures. All expenditures
must be accounted for and are subject to the same restrictions as other campaign expenditures.
(Section 106.025, F.S.)
Tickets and Advertising
Any tickets or advertising for a campaign fund raiser shall:
1. Contain the disclaimers and other information required of political advertising.
2. Contain the statement "The purchase of a ticket for, or a contribution to, the campaign fund
raiser is a contribution to the campaign of (Name of the candidate for whose benefit the
campaign fund raiser is held). 11
3. Comply with all other provisions of Chapter 106, F.S.
Any political advertisement, including those paid for by a political party, other than an
independent expenditure, offered by or on behalf of a candidate:
1. Must be approved in advance by the candidate.
2. Must expressly state that the content of the advertisement was approved by the candidate.
3. 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 medium for each advertisement submitted for publication, display,
broadcast, or other distribution.
(Sections 106.025 and 106.143, F.S.)
40
Chapter 14
Solicitation
Telephone Solicitation
1. Disdosure requirements:
a. Any telephone call supporting or oPPosing a candidate, elected public official, or ballot
proposal must identify the persons or organizations sponsoring the call by stating either:
"paid for by (insert name of persons or organizations sponsoring the callr
or "paid for on behalf of (insert name of persons or organizations
authorizing call)." This does not apply to any telephone call i~ which both the individual
making the call is not being paid and the individuals participating in the call know each
other prior to the call.
b. Any telephone call conducted for the purpose of polling respondents concerning a
candidate or elected public official which is a. part of a series of like telephone calls that
consists of fewer than 1,000 completed calls and averages more than two minutes in
duration is presumed to be a political poll and not subject to the provisions of the above.
2. Prohibitions:
a. No telephone call shall state or imply that the caller represents any person or
organization unless the person or organization so represented has given specific
approval in writing to make such representation.
b. No telephone call shall state or imply that the caller represents a nonexistent person or
organization.
3. Written Authorization Requirements: Any telephone call, not conducted by independent
expenditure, supporting or opposing a candidate or ballot proposal, requires prior written
authorization by the candidate or sponsor of the ballot proposal that the call supports. A copy
of such written authorization must be placed on file with the qualifying officer by the candidate
or sponsor of the ballot proposal prior to the time the calls commence.
4. Penalties: Any person who willfully violates any provision of this section commits a
misdemeanor of the first degree, punishable as provided in Section 775.082 or Section
775.083, F.S.
The term "person" includes any candidate; any officer of any political committee, committee of
continuous existence, or political party executive committee; any officer, partner, attorney, or
other representative of a corporation, partnership, or other business entity; and any agent or other
person acting on behalf of any candidate, political committee" committee of continuous existence,
political party executive committee, or corporation, partnership, or other business entity.
(Section 106.147, F.S.)
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Telephone Solicitation, Registered Agent
1. Disclosure requirements:
a. Any person or organization that conducts any business in this state which consists of
making paid telephone calls 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 requited or
authorized by law and must file with the Division of Elections a notice of such registered
agent. Such registered agent must be an individual who is a resident of this state, a
domestic corporation, or a foreign corporation authorized to do business in this state.
However, this section does not apply to any person or organization already lawfully
registered to conduct business in this state.
b. Conducting business in this state as speCified in the preceding paragraph indudes both
placing telephone calls from a location in this state and placing telephone calls from a
location outside this state to individuals located in this state.
c. Form OS-DE 100, Telephone Solicitation, Resident Agent- Notice shall be filed with
the Division of Elections and, at a minimum, must elicit all of the following information:
(1) The name, address, and telephone number of the registered agent.
(2) The name, address, and telephone number of the person or organization conducting
business in this state as specified.
The Division of Elections must be notified immediately of any changes in the information
required in a. above.
2. Violations: Any person or organization that violates this section commits a misdemeanor of
the first degree, punishable as provided in Section 775.082 or Section 775.083, F.S.
· (Section 106.1475, F.S.)
42
Chapter 15
Filing Campaign Reports
Each campaign treasurer designated by a candidate shall file regular reports of all contributions
received and all expenditures made by or on behalf of such candidate.
The candidate and his or her campaign treasurer shall certify as to the correctness of each report. .
Each person so certifying shall bear the responsibility for the accuracy and veracity of each
report. Any campaign treasurer or candidate who willfully certifies the correctness of any report
while knowing that such report is incorrect, false or incomplete commits a misdemeanor of the
first degree.
(Section 106.07, F.S.)
Where to File
Reports are filed with the officer before whom the candidate qualifies. Candidates filing reports
with the Division of Elections are required to file by means of the Electronic Filing System
(EFS). A copy (for other than statewide office) must also be filed with the supervisor of elections
in the county where the candidate resides. If the candidate's filing officer is other than the Division
of Elections, contact the appropriate filing officer to find out their requirements.
(Section 106.07(2), F.S.)
When to. File
Reports must be filed on the 10111 day following the end of each calendar quarter (January, April,
July, and October) from the time the campaign treasurer is appointed, except that if the 10th day
occurs on a Saturday, Sunday or legal holiday, the report shall be filed on the next business day
that is not a Saturday, Sunday or legal holiday.
Following the last day of qualifying, the reports must be filed on the 32nd, 18th and 4111 days
immediately preceding the primary election and on the 46111, 32nd, 18th, and 4th days immediately
preceding the general election. Please refer to the 2006 Calendar of Reporting Dates for
specific dates for candidates to file for the 2006 election cycle.
Except for reports filed with the Division of Elections, reports shall be filed no later than 5 p.m. of
the day designated. A report postmarked by the U.S. Postal Service no later than midnight of the
day designated is deemed timely filed. A report received by the filing officer within 5 days after the
designated due date that was delivered by the U.S. Postal Service is deemed timely filed unless it
has a postmark indicating the report was mailed after the designated due date. A certificate of
mailing obtained from and dated by the U.S. Postal Service at the time of mailing or a receipt
from an established courier company, which bears a date on or before the date on which the
report is due, is proof of mailing in a timely manner. Reports filed with the Division of Elections
through the Electronic Filing System (EFS) are due by midnight of the day designated. (See
Chapter 17, Electronic Filing of Campaign Reports.)
Once a candidate becomes unopposed the candidate need only file a 90-day termination report.
(Sections 106.07, 106.0705 and 106.141, F.S.)
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Penalty for Late Filing
Any candidate failing to file a report on the designated due date shall be subject to a fine of $50
per day for the first three 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 due September 1 and November 3, 2006, the fine shall
be $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. For a candidate's termination
report, the fine shall be $50 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. The fine
must be paid from the candidate's personal funds - not campaign funds.
(Section 106.07(2) and (8), F.S.)
Waiver of Report
In any reporting period during which a candidate has not received funds or made any
expenditures, the filing of the required report for that period is waived; however, the candidate
must indicate there is no activity by filing a waiver of report. The next report filed must specify that
the report covers the entire period between the last submitted report and the report being filed.
(Section 106.07, F.S.)
Incomplete Reports
If a campaign treasurer files a report that is deemed incomplete it shall be accepted on a
conditional basis. The campaign treasurer will be notified by the filing officer as to why the report
is incomplete. The campaign treasurer must file an addendum to the incomplete report within
three days of notification. The addendum must include all necessary information to complete the
report.
In lieu of a notice by registered mail, the qualifying officer may notify the campaign treasurer by
telephone that the report is incomplete and request the information necessary to complete the
report. If such information is not received by the qualifying officer within three days after the
telephone request, notice shall be sent by registered mail.
(Section 106.07(2), F.S.)
Reporting Total Sums
Each campaign treasurer's report required by Chapter 106, F.S., shall contain the total sums of
all loans, in-kind contributions, and other receipts by or for such candidate, and total sums of all
expenditures made by such candidate during the reporting period. The reporting forms shall be
designed to elicit separate totals for in-kind contributions, loans, and other receipts.
(Section 106.07, F.S.)
Reporting Contributions
Each report must contain:
1. Full name, address, specific occupation, amount, and date of each person making a
contribution. Reports must provide as dear a description as practicable of the principal type
of business conducted for corporations contributing. The principal type of business or the
44
....
"
occupations are not required if the contribution is $100 or less, or from a relative provided the
relationship is reported.
2. Name, address, amount, and date of each political committee making any transfer of funds.
3. Full name, address, specific occupation, principal place of business of the lender and
endorser, date and amount of each loan.
.4. Statement of each contribution, rebate, refund, or other receipts not listed in 1. through 3.
above.
(Sections 106.07(4) and 112.312(21), F.S.)
Returning Contributions
Contributions must be returned to the contributor if:
1. A candidate receives a contribution in excess of the limitations provided bylaw.
2. A candidate with opposition in an election receives a contribution on the day of that election
or less than five days prior to the date of that election.
3. A candidate receives a contribution once he or she is elected, defeated, becomes
unopposed, or withdraws his or her candidacy.
If the contribution to be returned has not been deposited into the campaign account, report the
contribution as a contribution returned.
If the contribution has been deposited into the campaign account:
1. Report the contribution; and
2. Write a check from the campaign account to the contributor for the amount of the contribution
and report this on the itemized expenditure report. Under .purpose of expenditure" explain
the reason for returning the contribution. The candidate may also wish to write the filing
officer and explain the error to place in the candidate file.
(Section 106.08, F.S.)
Reporting Expenditures
Each report must contain:
1. Full name and address of each person to whom expenditures have been made along with the
amount, date, and clear purpose of the expenditure. Name, address, and office sought by
each candidate on whose behalf such expenditure was made.
2. Full name and address of each person to whom an expenditure for personal services, salary
or reimbursed authorized expenses was made along with the amount, date, and clear
purpose of the expenditure.
3. Total amount withdrawn and the total amount spent from the petty cash fund. Each
expenditure from the petty cash fund need not be individually reported but complete records
of petty cash expenditures must be kept.
45
4. Credit cards may be used by statewide candidates only -expenditures made by credit
card must be itemized. (See Division of Elections Opinion Ofr07.)
5. Amount and nature of debts and obligations owed by or to the candidate; which relate to the
conduct of any political campaign.
6. The amount and nature of any separate interest-bearing accounts or certificates of deposit.
Identification of the financial institution in which such accounts or certificates of deposit are
located must be identified.
7. The primary purposes of an expenditure made indirectly through a campaign treasurer for
goods and services such as communications media placement or procurement services,
campaign Signs, insurance, and other expenditures that include multiple components as part
of the expenditure. The primary purpose of an expenditure shall be that purpose, including
integral and directly related components, that comprises 80 percent of such expenditure.
8. ,Total sum of expenditures during the reporting period.
(Section 106.07, F.S.)
Special Requirements for Judicial Candidates
A candidate for retention as a Justice of the Supreme Court or a Judge of a District Court of
Appeal who has not received any contributions or made any expenditures, may file a sworn
statement on Form OS-DE 96, Affidavit of Intention at the time of qualifying that he or she does
not anticipate receiving contributions or making expenditures in connection with his or her
candidacy for retention to office.
Such candidate must file a final report within 90 days following the general election for which the
candidate's name appeared on the ballot for retention. The candidate may use Form OS-DE 97,
Affidavit of Compliance for this purpose.
A candidate for retention to judicial office who, after filing Form DS-DE 96 receives any
contributions or makes any expenditures in connection with his or her candidacy for retention
must immediately file a statement to that effect with the qualifying officer and must begin filing
reports as an opposed candidate pursuant to Section 106.07, F .S.
(Sections 105.08(2) and 106.141, F.S.)
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" .
Chapter 16
Termination Reports
Once a candidate withdraws, becomes unopposed, is eliminated, or elected to office, he or she
may expend funds from the campaign account to:
1. Purchase "thank you. advertising for up to 75 days after he or she withdraws, becomes
unopposed; is eliminated, or elected to office.
2. Pay for items which were obligated before he or she withdrew, became unopposed, was
eliminated, or elected to office. '
3. Pay for expenditures necessary to close down the campaign office and to prepare final
campaign teports.
4. Dispose of surplus funds as provided in Section 106.141, F.S,
(Section 106.11(5), F.S.)
Prior to Disposing of Surplus Funds
A candidate may be reimbursed by the campaign for any previously reported contributions by the
candidate to the campaign, in full or in part.
A candidate who filed an oath stating that he or she was unable to pay the election assessment
or fee for verification of petition signatures without imposing an undue burden on his or her
personal resources or on resources otherwise available to him or her, or who filed both such
oaths, or who qualified by the alternative method and was not required to pay an election
assessment, must reimburse the state or local government entity, whichever is applicable, for
such waived assessment or fee or both prior to disposing of any. funds under the surplus
provisions contained in Section 106.141(4), F.S. Such reimbursement must be made in the
following order:
1. The cost of petition verification; and
2. If funds remain, the amount of the election assessment.
(Section 106.141, F.S.)
Disposing of Surplus Funds
Once a candidate withdraws, becomes unopposed, is eliminated, or elected to office, the
candidate must dispose of the funds on deposit in his or her campaign account and file a
campaign treasurer's report (termination report) reflecting the disposition of funds.
A candidate required to dispose of surplus funds must, at the option of the candidate, dispose of
such funds within 90 days by any of the following means, or a combination thereof:
1. Return pro rata to each contributor the funds that have not been spent or obligated.
47
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2. Donate the funds that have not been spent or obligated to a charity organization or
organizations that meet the qualifications of Section 501 (c) (3) of the Internal Revenue Code.
3. Give not more than $10,000 of the funds that have not been spent or obligated to the political
party of which such candidate is a member, except that a candidate for the Florida 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 funds that have not been spent or obligated:
a. In the case of a candidate for state office, to the state to be deposited in the General
Revenue Fund; or
b. In the case of a candidate for office of a political subdivision, to such political subdivision,
to be deposited in the general fund thereof.
The report must include:
1. The name and address of each person or unit of government to whom any of the funds were
distributed and the amounts thereof;
2. The name and address of each person to whom an expenditure was made together with the
amount and purpose; and
3. The amount of such funds transferred to an office account together with the name and
address ofthe bank in which the office account is located.
If a refund check is received after all surplus funds have been disposed of, the check may be
endorsed by the candidate and the refund disposed of pursuant to Section 106.141, F.S. An
amended termination report must be filed with the filing officer.
All reports must be signed by the candidate and the campaign treasurer and certified as true and
correct.
(Section 106.141, F.S.)
Money from Separate Interest-Bearing Account or Certificate of
Deposit
A campaign treasurer of any candidate who withdraws, becomes unopposed, or is eliminated, or
elected to office, and who has funds on deposit in any interest-bearing account or certificate of
deposit, must, within seven days, transfer such funds and accumulated interest earned thereon to
the primary campaign account for disposal. However, when fund~ are in an account in which
penalties will apply for withdrawal within the seven day period, the campaign treasurer must
transfer such funds and accumulated interest earned thereon as spon as the funds can be
withdrawn without penalty, or within 90 days after the candidate becomes unopposed, withdraws
his or her candidacy, or is elected, or eliminated, whichever comes first.
Campaign Loans Report
(Section 106.141, ES.)
A person elected to office must report all loans, exceeding $500 in value, made to him or her and
used for campaign purposes, and made in the twelve months preceding his or her election to
office, to the filing officer. The report must be made on Forms OS-DE 73 and 73A, Campaign
Loans Report within ten days after being elected to office.
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Any person who makes a contribution to an individual to pay all or part of a loan incurrf3d in the
twelve months preceding the election, to be used for the individual's campaign, may not
contribute more than the amount which is allowed in Section 106.08(1), F.S.
(Section 106.075, F.S.)
49
Chapter 17
Electronic Filing of Campaign Reports
The Electronic Filing System (EFS) is an Internet system for recording and reporting campaign
finance activity by reporting period. Each candidate required to file reports with the Division of
Elections under Section 106.07, F.S., must file such reports with the division by means of the
EFS.
Reports filed pursuant to this section:
1. Shall be completed and filed.through the EFS not later than midnight of the day designated.
Reports not filed by midnight of the day designated are late filed and are subject to the
penalties under Sections 106.04(8),106.07(8), or 106.29(3), F.S., ~s applicable.
2. Is considered to be under oath by the chairperson and treasurer, whichever is applicable, and
such persons are subject to provisions of Sections 106.04(4)(d), 106.07(5), or 106.29(2),
F.S., as applicable. Persons given a secure sign-on to theEFS are responsible for protecting
such from disclosure and are responsible for all filings using such credentials, unless they
have notified the division that their credentials have been compromised.
(Sections 106.0705 and 106.0706, F.S.)
Accessing the EFS
From Intemet Explorer you can access the EFS at http://efs.dos.state.fI.us. Each person filing
a report is provided an identification number and initial password to gain entry. Once you log in
using the initial password, you will be prompted to change it toa confidential one. You are
responsible for protecting the password from disclosure. Contact the Division of Elections
immediately if your password has been compromised.
Creating Reports
Campaign reports must be entered, saved, reviewed, and filed via the EFS either by directly
entering data into the web application or by uploading data using an approved vendor's software.
The division maintains a list of approved software vendors whose programs meet the file
specifications for filing campaign reports. Instructions for uploading reports are provided in the
EFS Help Guide.
Submitting Reports
Reports will be held in pending status until the report is ready to be filed. Each person eligible to
file a report will receive a PIN (personal identification number) that allows the person to file
reports via the EFS. A person's PIN is considered the same as that person's signature on a
filed report.
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Electronic Receipts
The person filing a report on the EFS may print an electronic receipt verifying the report was filed
with the division. Each report filed by means of the EFS is considered to be under oath and such
persons filing the report are subject to the provisions of Chapter 106, F .S.
EFS HELP LINE
(850) 245-6280
EFS HELP GUIDE
http://election.dos.state.f1.us/publications
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Chapter 18
Office Accounts
A candidate elected to office or a candidate who will be elected to office by virtue of his or her
being unopposed may, in addition to disposing of all the funds in the campaign account in
accordance with Section 106.141(4), F.S., transfer funds from the campaign account to an office
account any amount up to the limits listed below:
1. $20,000 for a candidate for statewide office;
2. $5,000 for a candidate for multicounty office;
3. $5,000 multiplied by the number of years in the term of office for which elected for a
candidate for legislative office;
4. $2,500 multiplied by the number of years in office for which elected for a candidate for county
office or for a candidate for any election on less than a countywide basis;
5. $6,000 for a candidate for retention as a justice of the Supreme Court;
6. $3,000 for a candidate for retention as a judge of a district court of appeal;
7. $1,500 for a candidate for county court jUdge or circuit judge.
(Section 106.141(5), F.S.)
Using the Office Account
The office account must be separate and apart from any other account, including any other type
of .office account" such as a legislative, account. Any funds so retained by a candidate must be
used only for legitimate expenses in connection with the candidate's public office, which may
include:
1. Travel expenses incurred by the officer or staff member;
2. Personal taxes payable on office account funds by the candidate or elected public official; or
3. Expenses incurred in the operation of his or her office, including employment of additional
staff.
If a candidate is re-elected to office or elected to another office and has funds remaining in the
office account, the candidate may transfer surplus campaign funds to the office account.
However, at no time may the total funds in the office account exceed the limitation imposed by
Section 106.141(5), F.S.
(Section 106.141(5), F.S.)
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Reporting Office Account Funds
A candidate is required to file a report on the 101h day following the end of each calendar quarter
following the SO-day termination report until the office account is closed by filing:
1. Form OS-DE 48, Office Account Report, and
2. Form OS-DE 48A, Office Account Disbursement or Deposit Information.
Upon leaving office, any person who has funds in an office account shall give such funds to:
1. A charitable organization or organizations that meet the requirements of Section 501 (c)(3) of
the Internal Revenue Code; or,
2. In the case of a state officer, to the state to be deposited in the General Revenue Fund; or,
3. In the case of an officer of a political subdivision, to the political su~division to be deposited in
the general fund thereof.
Such reports shall be signed by the candidate, certified as true and correct and filed with the
officer before whom campaign reports were filed.
(Section 106.141(5) and (8), F.S.)
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"
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Chapter 19
Recordkeeping, Receipt and Inspection
Contributions
1. The campaign treasurer of each candidate shall keep detailed accounts of all contributions
received, which shall be current within not more than two days after the date of receiving the
contribution. (Section 106.06, F.S.)
2. All funds received by the campaign treasurer of any candidate shall be deposited in the
campaign depository prior to the end of the fifth business day following receipt (Saturdays,
Sundays and legal holidays excluded). (Section 106.05, F.S.)
3. All money and contributions received with respect to a campaign fund raiser are deemed
campaign contributions and shall be accounted for and subject to the same restrictions as
other campaign contributions. (Section 106.025, F.S.)
4. All deposits shall be accompanied by a bank deposit slip containing the name of each
contributor and the amount contributed by each. (Section 106.05, F.S.)
5. The campaign treasurer shall keep detailed accounts of all deposits made in any separate
interest-bearing account or certificate of deposit and of all interest eamed. (Section 106.06,
~~ .
6. Contributions deposited in a secondary campaign depository shall be forwarded to the
primary campaign depository prior to the end of the first business day following the deposit. A
copy of the deposit slip shall accompany the deposit. (Section 106.05, F.S.)
Expenditures
1. The campaign treasurer of each candidate shall keep detailed accounts of all expenditures
made, which shall be current within not more than two days. after the making of the
expenditure. (Section 106.06, F.S.)
2. Credit Cards for Statewide Candidates Only. Receipts for each credit card purchase shall
be retained by the treasurer with the records for the campaign account. The treasurer shall
require an accounting of actual expenses and reconcile any overpayment or underpayment to
the original payee. (Sections 106.07 and 106.125, F.S.)
3. Receipts for debit card transactions must contain: (1) the last four digits of the debit card
number; (2) the exact amount of the expenditure; (3) the name of the payee; (4) the signature
of the campaign treasurer, deputy treasurer, or authorized user; and (5) the exact purpose for
which the expenditure is authorized. Any information required but not included on the debit
card transaction receipt may be handwritten on, or attached to, the receipt by the authorized
user before subl'!lission to the treasurer. (Section 106.11, F.B.)
4. All expenditures made with respect to a campaign fund raiser which are made or reimbursed
by a check drawn on the campaign account shall be deemed to be campaign expenditures to
be accounted for and subject to the same restrictions as other campaign expenditures.
(Section 106.025, F.S.)
54
5. The campaign treasurer shall keep detailed accounts of all withdrawals made from any
separate interest-bearing account or certificate of deposit to the primary depository and of all
interest eamed. (Section 106.06, F.S.)
6. The campaign depository shall return all checks drawn on the account to the campaign
treasurer. The campaign treasurer shall retain the records pursuant to Section 106.06, F.S.
(Section 106.07, F.S.)
Preservation of Accounts
Accounts kept by the campaign treasurer of a candidate shall be preserved by the campaign
treasurer for a number of years equal to the term of the office to which the candidate seeks
election. (Section 106.06, F.S.)
Inspections
1. Accounts kept by the campaign treasurer of a candidate, including separate interest-bearing
accounts and certificates of deposit, 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 Florida Elections Commission. The right of
inspection may be enforced by appropriate writ issued by any court of competent jurisdiction.
(Section 106.06, F.S.)
2. Records maintained by the campaign depository shall be subject to inspection by an agent of
the Division of Elections or the Florida Elections Commission at any time during normal
banking hours, and such depository shall furnish certified copies 'of any such records to the
Division of Elections or Florida Elections Commission upon request. (Section 106.07, F.S.)
3. It is the duty of the Division of Elections to make, from time to time, audits and field
investigations with respect to reports and statements filed under' the provisions of Chapter
106, F.S., and with respect to alleged failures to file any report or statement required under
the provisions of Chapter 106, F.S.
4. It is the duty of the Division of Elections to conduct random audits with respect to reports and
statements filed under Chapter 106, F.S., and with respect to alleged failure to file any
reports and statements required under Chapter 106, F.S.
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Chapter 20
Bookkeeping Suggestions
The Division of Elections has a few suggestions which may be helpful to campaign treasurers in
setting up a system to record and maintain campaign information.
1. Keep a schedule of due dates for campaign treasurer's reports. THe Division of Elections will
provide each candidate with a calendar of election and reporting dates.
2. Know what period of time each report covers and only report activity occurring during that
reporting period.
3. If filing with the Division of Elections, keep a copy of the electronic receipt for each report filed
for your own records. If filing with the local officers, keep the certificate of mailing.
4. Record all contributions when received. Make sure to include the, name, address, specific
occupation, or principal type of business if over $100, amount, and date of each contributor.
Keep contributions itemized by monetary, in-kind, and loans.
5. Record all expenditures when they occur. List the name and address of each person to whom
the expenditure was made along with the amount, date, and purpose.
6. Keep a petty cash ledger of all expenditures. These individual listings do not have to be listed
on campaign treasurer's reports, only the total amount withdrawn and total amount spent per
reporting period.
7. Monitor the cash flow to know how much money is available at all times in the account to
avoid any possibility of authorizing an expenditure when money is not available to pay for
such expenditure.
8. Maintain a listing of all funds currently in the separate interest-bearing account, certificate of
deposit or money market account.
9. Make sure authorization for advertising has been obtained from the candidate.
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Chapter 21
Florida Elections Commission
The Florida Elections Commission is a separate and independent entity from the Division of
Elections. Commissioners are appointed by the Governor from lists of names submitted by
legislative leaders.
Automatic Fine Appeal Process
Any candidate may appeal or dispute a fine for a late filed campaign treasurer's report. The
appeal must be based upon, but not limited to, unusual circumstances surrounding the failure to
file on the designated due date. The candidate may request and is entitled to a hearing before the
independent Florida Elections Commission, which has the authority to waive the fine in whole or
in part. The Florida Elections Commission must consider, the mitigating and aggravating
circumstances contained in Section 106.265(1), F.S., when determining the amount of a fine, if
any, to be waived. The appeal must be made within 20 days of the receipt of the notice of
payment due. The candidate must, within the 20 day period, notify the filing officer in writing of his
or her intention to bring the matter before the Commission.
(Section 106.07(8)(c), F.S)
Complaint Process
Any person who has information of a violation of Chapters 104 or 106, F.S., shall file a sworn
complaint with the Florida Elections Commission, 107 West Gaines Street, Suite 224,
Tallahassee, Florida 32399-1050 or call 850-922-4539. A complaint form may be obtained from
the Florida Elections Commission or downloaded from the Commission's website at
www.fec.state.f1.us. A complaint must be received by the Florida Elections Commission before
two years has elapsed from the date of the alleged violation and must:
1. Contain allegations of a violation of Chapters 104 or 106, F.S., or Section 105.071, F.S.;
2. Contain specific facts upon which the complainant bases the allegation of a violation of law;
and
3. Be under oath and notarized.
Within five days after receipt of a sworn complaint, the Commission must transmit a copy of the
complaint tothe alleged violator.
If the Commission determines that the complaint is complete and legally sufficient, it will
investigate the alleged election law violations.
Complaints and all attached documents are confidential until a determination of probable cause
or no probable cause is made and any person who discloses any information regarding a
complaint commits a misdemeanor of the first degree. A complainant,. however, is not bound by
the confidentiality provisions. The person against whom the complaint is filed is bound by the
confidentiality provision unless he or she waives confidentiality by filing a written waiver with the
Commission. The waiver does not change the confidential status of the complaint with the
Commission.
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When there are disputed issues of material fact in a proceeding conducted under Sections
120.569 and 120.57, F.S.,a person alleged by the Commission to have committed a violation
may elect, within 30 days after the date of the filing of the Commission's allegations, to have a
hearing conducted by an administrative law judge in the Division of Administrative Hearings.
Information regarding criminal violations of the Election Code should be reported to the local state
attorney.
NOTE: If the Commission finds probable cause in a case within 30 days of an election, the finding.
of probable cause and all records related to the case will remain CONFIDENTIAL until noon of
the day following the election.
(Section~ 106.25 and 106.28, F.S.)
58
CONFIDENTIAL COMPLAINT*
STATE OF FLORIDA
FLORIDA ELECTIONS COMMISSION
107 West Gaines Street-Suite 224, Tallahassee, Florida 32399-1050
Telephone Number: (850) 922-4539
NOTICE
The CommiSsion's jurisdiction is limited to violations of Chapters 104, 106 & Section 105.071, Florida Statutes.
PERSON BRINGING COMPLAINT:
Name:
Home Phone:
, Work Phone:
Address: County:
City: State: Zip Code:
PERSON AGAINST WHOM COMPLAINT IS BROUGHT: (limit one person per form)
Name: Home Phone: Work Phone:
Name of Committee/Corporation:
Home Address:
City:
State:
County:
Zip Code:
Title of office or position sought:
Have you filed this same complaint with the State Attorney's Office? (Yes or No)
ALLEGED VIOLATION:
If you believe a provision of Chapter 104, 106, or Section 105.071, Florida Statutes, has been violated,
please state the specific section(s) or subsection(s) believed to be violated by the person named in this
complaint: .
NOTICE
A person filing a complaint alleging a violation of Section 104.271(2), Florida Statutes, must provide
documentation showing that the statement was made by a candidate opposing the complainant in the same
election, the statement made by the opposing candidate was false, and the opposing candidate knew it was false.
STATEMENT OF FACTS:
State in your own words the detailed facts and actions of the person named in this complaint that form the
basis for this complaint. In your statement, please include relevant dates and times and the names and
addresses of other persons whom you believe have knowledge of the facts. Also, include with the
complaint a copy or picture of all political advertisements that you mention in your statement or any other
evidence that supports your statement. Give any and all reasons that you feel that the alleged violation was
committed in a willful manner:
FEe 001
59
Additional materials attached? (Yes or No)
STATE OF FLORIDA
COUNTY OF
I swear or affirm, that the above information is true and correct to the best of my knowledge.
Signature of Complainant
Sworn to and subscribed before me this
day of
,200
Signature of Officer Authorized to Administer Oaths or Notary Public.
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally known
Or Produced Identification ,
Type ofIdentification Produced
*NOTICE*
This complaint wiD be treated as confidential by the Florida Elections Commission until the
Commission rules on probable cause. Also, during the investigation of the complaint, a copy will be
provided to the person against whom the complaint has been brought. Any person who f'Iles a
complaint while knowing that the aDegations are false or without merit commits a misdemeanor of
the "lrSt degree, punishable as provided in Sections 775.082 and 775.083, Florida Statutes.
FEe 00 1
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Chapter 22
Forms
The following are forms to be used by candidates and campaign treasurers. Additional copies of
all forms may be obtained by contacting the Department of State, Division of Elections or your
local filing officer, whichever is applicable. These forms are also available on our website at
httD:/Ielection.dos.state. f1.us. All forms may be photocopied.
61
62
STATE OF FLORIDA OFFICE USE ONLY
APPOINTMENT OF CAMPAIGN TREASURER
AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR
CANDIDATES
(Section 106.021(1), F.S.)
(PLEASE TYPE)
CHECK APPROPRIATE BOX:
D Original Appointment D Deputy Treasurer D Reappointment of Treasurer D Secondary Depository
Name of Candidate 1. Address (include post office box or street, city. state, zip code)
Telephone (optional) 12. Party (Partisan candidates only) 13. Office (add district, circuit, group number)
( ) I have appointed the following person to act as my D Campaign Treasurer D Deputy Treasurer
4. Name of Treasurer or Deputy Treasurer
5. Mailing Address (If post office box or drawer add street address) 6. Telephone
7. City 8. County 9. State 10. Zip Code
I have designated the following named bank as my D Primary Depository D Secondary Depository
11. Name of Bank 12. Street Address
13. City 14. County 115. State 116. Zip Code
17. Signature of Candidate Date
X
Campaign Treasurer's Acceptance of Appointment
I, , do hereby accept the appointment as
(Please Print or Type)
D Campaign Treasurer D Deputy Treasurer for the campaign of ,
who is seeking nomination or election as a candidate to the office of
(Party)
. As a duly registered voter in
County, Florida, I am qualified to accept this appointment.
UNDER PENAL TIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING CAMPAIGN TREASURER'S
ACCEPTANCE OF APPOINTMENT AND THAT THE FACTS STATED ARE TRUE.
X
Date Signature of Campaign Treasurer or Deputy Treasurer
OS-DE 9 (Rev. 02106)
63
64
, .
. .
OFFICE USE ONLY
STATEMENT OF CANDIDATE
(Section 106.023, F.S.)
(Please Type)
I,
candidate for the office of
have received, read and understand the requirements of' Chapter 106,
Florida Statutes.
x
Date
Signature of Candidate
Each candidate must file a statement with the qualifying officer within 10 days after
the Appointment of Campaign Treasurer and Designation of Campaign Depository is
filed. Willful failure to file this form is a first degree misdemeanor and a civil violation
of the Campaign Financing Act which may result in a fine of up to $1,000, (ss.
106.19(1)(c), 106.265(1), Florida Statutes). '
OS-DE 84 (Rev. 08/03)
65
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66
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OFFICE USE ONLY
STATEMENT OF CANDIDATE
FOR JUDICIAL OFFICE
(Section 105.031(5), F.S.)
(Please Type)
I,
a judicial candidate, have received, read, and understand the requirements
of the Florida Code of Judicial Conduct.
(Signature of candidate)
(Date)
Each candidate for judicial office, including an incumbent judge, shall file a statement with the
qualifying officer, within 10 days after filing the Appointment of Campaign Treasurer and
Designation of Campaign Depository.
OS-DE 83 (Rev. 08/03)
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68
FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS
CAMPAIGN TREASURER'S REPORT SUMMARY
(1) OFFICE USE ONLY
Name
(2)
Address (number and street)
City, State, Zip Code
o CHECK IF ADDRESS HAS CHANGED (3) ID Number:
(4) Check appropriate box(es):
o Candidate (office sought):
o Political Committee o CHECK IF PC HAS DISBANDED
o Committee of Continuaus Existence o CHECK IF CCE HAS DISBANDED
o Party Executive Committee
o Electioneering Communication o CHECK IF NO OTHER ELECTIONEERING
COMMUNICATION REPORTS WILL BE FILED
(5) REPORT IDENTIFIERS
Cover Period: From I I To I I Report Type
- - - - -
D Original D Amendment D Special Election Report D Independent Expenditure Report
(6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT
Monetary
Cash & Checks $ , , Expenditures $ , ,
- - - - - - - -
Loans $ , , Transfers to Office
- - - - Account $
, .
- - - -
Total Monetary $ , , Total
- - - -
Monetary $ , ,
$ - - - -
In-Kind , ,
- - - -
(8) Other Distributions
$ - , -'- -
(9) TOTAL Monetary Contributions To Date (10) TOTAL Monetary Expenditures To Date
$ - , -'- - $ , ,
(11) CERTIFICATION
It Is a first degree misdemeanor for any person to falsify a public record (ss. 839.13, F.S.)
I certify that I have examined this report and it is true, correct, and I certify that I have examined this report and it is tllJe, correct, and
complete. complete.
(Type name) (Type name)
o Individual (only for o Treasurer o Deputy Treasurer o Candidate o Chairperson (only for PC. PTY &
electioneering commun.) electioneering commun. organization)
X X
Signature . Signature
OS-DE 12 (Rev. 08104)
69
'0
(1) Type full name of candidate, political committee, committee of continuous eXIstence, party executive committee,
or individual or organization filing an electioneering communication report.
(2) Type the address (include city, state, and zip code). You may use a post office box.
If the address has changed since the last report filed, check the appropriate box.
(3) Type identification number assigned by the Division of Elections.
(4) Check one of the appropriate boxes:
Candidate (type office sought - include district, circuit, or group numbers)
Political Committee
Committee of Continuous Existence
Party Executive Committee
Electioneering Communication
If PC or CCE has disbanded and will no longer file reports, check appropriate box.
If individual or oraanization will no lonaer file electioneerina communication reports, check appropriate box.
(6) Type the cover period dates (e.g., From 07/01/03 To 09130103)
Enter the report type using one of the following abbreviations (see Calendar of Election and Reporting Dates). If
report is for a sDeelal election add OS. in front of the report code (e.a., SG3).
Quarterly Reports General Election Reports
January Quarterly Q4 46th Day Prior G1
April Quarterly Q1 3200 Day Prior G2
July Quarterly Q2 18th Day Prior G3
October Quarterlv Q3 4th Dav Prior G4
3200 Day Prior Primary Reports
F1 90-Day Termination Reports (Candidates Only)
18th Day Prior F2 Tennination Report TR
4th Dav Prior F3
Check one of the appropriate boxes:
Original (first report filed for this reporting period)
Amendment (an amendment to a previously filed report)
Special Election Report
Independent Expenditure Report (see Section 106.071, F.S.)
(6) Type the amount of all contributions this report:
Cash & Checks
Loans
Total Monetary (sum of Cash & Checks and Loans)
In-kind (a fair mar1<et value must be pla.ced on the contribution at the time it is given)
(7) Type the amount of all expenditures this report:
Monetary Expenditures
Transfers to Office Account (elected candidates only)
Total Monetary (sum of Monetary Expenditures and Transfers to Office Account)
(8) Type the amount of other distributions (goods & services contributed to a candidate or other committee by a PC,
CCE or PTY).
(9) Type the amount of TOTAL monetary contributions to date (parties keep cumulative totals for 2 year periods at a
time (e.g., 01/01/02 - 12/31/03). Candidates keep cumulative totals from the time the campaign depository is
opened through the tennination report).
(10) Type the amount of TOTAL monetary expenditures to date (parties keep cumulative totals for 2 year periodS at a
time (e.g., 01/01/02 - 12/31103). Candidates keep cumulative totals from the time the campaign depository is
opened through the tennination report).
(11) Type or print the required officer's name and have them sign the report:
Candidate report (treasurer & candidate must sign)
PC report (treasurer & chairperson must sign)
CCE report (treasurer must sign)
PTY report (treasurer & chairperson must sign)
Electioneerina Communication report (individual or oraanization's treasurer & chairoerson must sian)
AMENDMENT REPORTS: An amendment report summary should summarize only contributions, expenditures,
distributions, & fund transfers being reported as additions or deletions. Read the Instructions for the sequence
number & amendment type fields on the back of forms DS-DE 13, 14, 14A and 94. The DIvision will summarize
all reDOrts submitted for each reportlnQ period and for the filer to date.
INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT SUMMARY
70
~ ,
, ,
CAMPAIGN TREASURER'S REPORT - ITEMIZED CONTRIBUTIONS
(1) Name
(2) 1.0. Number
(3) Cover Period
I
I
through
(4) Page
of
(5) (7) (8) (9) (10) (11) (12)
Date Full Name
(6) (Last, SutJlx, First; Middle)
Sequence Street Address & Contributor Contribntion In-kind
Number Citv, State. Z1D Code Tvue OccunatioD Tvne DescriDtion Amendment Amount
I /
/ /
/ I
/ /
/ /
/ /
/ /
/ /
DS-DE 13 (Rev. 08/03)
SEE REVERSE FOR INSTRUCfIONS AND CODE VALUES
71
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(1 )
(2)
(3)
(4)
(5)
(6)
INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT -ITEMIZED CONTRIBUTIONS
Type candidate's full name or name of the political committee (PC), committee of continuous existence (CCE) or
party executive committee (PTY). .
Type the identification number assigned by the Division of Elections.
Type cover period dates (e.g., 7/1/03 through 9130/03 ). (See Calendar and Election Dates for appropriate year
and cover periods.)
Type page numbers (e.g., J... of J.J.
Type date contribution was RECEIVED (Month/DaylYear).
Sequence Number- Each detail line shall have a sequence number assigned to it. Sequence numbers are to be
assigned within each reporting period and for each type of detail line. Thus the report type, detail line type, and
sequence number will combine to uniquely identify a specific contribution, expenditure, distribution or fund
transfer. This method of unique identification is required for responding to requests from the Division and for
reporting amendments. " '
For example, a Q1 report having 75 contributions would use sequence numbers 1 through 75. The next report
(Q2), comprised of 40 contributions would use sequence numbers 1 through 40. Contribution~ on amended Q1
reports would begin with sequence number 76 and on amended Q2 reports would begin with sequence number
41. See the Amendment Type instructions below.
Type full name and address of contributor (including city, state and zip code).
Enter the type of contributor using one of the following codes:
Individual . I
Business = B (also Includes corporations, organizatiQlls, groups, etc.)
Committees = C (Includes PC's, CCE's and federal committees)
Political Parties = P (Includes federal, state ad county executive committees)
Other · 0 (e.g., candidate surplus funds to party, etc.)
Type occupation of contributor for conbibutlons over $100 only. (If a business, please indicate nature of
business.)
Enter Contribution Type using one of the following
codes:
NOTE: Cash includes cash and cashier's checks.
(7)
(8)
(9)
DESCRIPITION CODE
Cash CAS
Check CHE
In-kind INK
Interest INT
Loan LOA
Membership dues DUE
Refund REF
(10) Type the description of any in-kind contribution received.
Candidate's Only - If In-kind conbibutlon Is from a party executive committee and Is allocable toward the
contribution limits, type an "A" In this box. If contribution Is not allocable, type an UN".
(11) Amendment Type (required on amended reports)- To add a new (previously unreported) contribution for the
reporting period being amended, enter "ADD" in amendment type on a line ~h ALL of the required data.
The sequence number for contributions with amendment type "ADD" will start at one plus the number of
contributions in the original report. For example, amending an original Q1 report that had 75 contributions, means
the sequence number of the first contribution having amendment type "ADD" will be 76; the second "ADD"
contribution would be 77, etc. When amending an original Q2 report that had 40 contributions, the sixth "ADD"
contribution would have sequence number 46.
To correct a previously submitted contribution use the following drop/add procedure. Enter "DEL" in amendment
type on a line with the sequence number of the contribution to be corrected. In combination with the report
number being amended, this sequence number will identify the contribution to be dropped from your active
records. On the next line enter "ADD" in amendment type and ALL of the required data with the necessary
corrections thus replacing the dropped data. ASsign the sequence number as described above.
(12) Type amount of contribution received. Committees of continuous existence ONLY: Any contribution which
represents the payment of dues by a member in a fixed amount pursuant to the schedule on file with the Division
of Elections need only list the aggregate amount of such contribution, together with the number of members
paying such dues and the amount of membership dues. .
72
CAMPAIGN TREASURER'S REPORT - ITEMIZED EXPENDITURES
(1) Name
(2) I.D. Number
(3) Cover Period
I
through
I
(4) Page
of
(5) (7) (8) (9) (10) (11)
Date FuU Name Purpose
(6) (Last, Sufllx, First, Middle) (acid office sought if
Sequence Street Address & contribution to a Expenditure
Number City. State. ZiD Code candidate) Type Ameudment Amount
/ /
/ /
/ /
I /
/ /
/ /
/ /
/ /
DS-DE 14 (Rev. 08/03)
SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES
73
INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT - ITEMIZED EXPENDITURES
(1) Type candidate's full name or name of the political committee (PC), committee of continuous existence (CCE) or
party executive committee (PTY).
(2) Type the identification number assigned by the Division of Elections.
(3) Type cover period dates (e.g., 7/1/03 through 9130/03 ). (See Calendar and Election Dates for appropriate cover
periods.)
(4) Type page numbers (e.g., -L of ...a.J.
(5) Type date of expenditure (Month/DaylYear).
(6) Sequence Number - Each detail line shall have a sequence number assigned to it. Sequence numbers are to be
assigned within each reporting period and for each type of detail line. Thus the report type, detail line type, and
sequence number will combine to uniquely identify a specific contributiQn, expenditure, distribution or fund
transfer. This method of unique identification is required for responding to requests from the Division and for
reporting requirements.
For example, a 01 report having 40 expenditures would use sequence numbers 1 through 40. The next report
(02), comprised of 30 expenditures would use sequence numbers 1 through 30. Expenditures on amended 01
reports would begin with sequence number 41 and on amended Q2 reports would begin with sequence number
31. See the Amendment Type instructions below.
(7) Type full name and address of entity receiving payment (including city, state and zip code).
(8) Type purpose of expenditure (if expenditure is a contribution to a candidate, also type the office sought by the
candidate). PLEASE NOTE: This column does not apply to candidate expenditures, as candidates cannot
contribute to other candidates from campaign funds. However, PCs (supporting candidates), CCEs and party
executive committees contributing to candidates must reoort office sought (Section 106.07, F.S.).
(9) Enter Ex nditure T e usin one of the followin codes:
DESCRIPTION
Disposition of Funds (Candidate)
Monetary
Petty Cash Withdrawn
Petty Cash Spent
Transfer to Office Account
Refund
CODE
DIS
MON
PCW
PCS
TOA
REF
(10) Amendment Type (required on amended reports) - To add a new (previously unreported) expenditure for the
reporting period being amended, enter "ADD" in amendment type on a line with ALL of the required data.
The sequence number for expenditures with amendment type "ADD" will start at one plus the number of
expenditures in the original report. For example, amending an original 01 report that had 75 expenditures, means
the sequence number of the first expenditure having amendment type "ADD" will be 76; the second "ADD"
expenditure would have sequence number 39.
To correct a previously submitted expenditure use the following drop/add procedure. Enter "DEL" in amendment
type on a line with the sequence number of the expenditure to be corrected. In combination with the report
number being amended, this sequence number will identify the expenditure to be dropped from your active
records. On the next line enter "ADD" in amendment type and ALL of the required data with the necessary
corrections thus replacing the dropped data. Assign the sequence number as described above.
(11) Type amount of expenditure.
74
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.
WAIVER OF REPORT OFFICE USE ONLY
(Section 106.07(7), F.S.
(PLEASE TYPE)
Candidate's Name (Last. Suffix, First, Middle) Identification Number (Assigned by
OR Political Committee, CCE or Party Name Division of Elections)
;
Address (Number and Street) Office Sought '(Indude District, Circuit
or Group Number)
City State Zip Code
0 Candidate 0 Committee of Continuous 0 Check box if address has changed since
ExIstence last report.
0 Political Committee 0 Party Executive Committee 0 Check here if PC or CCE has DISBANDED
and will no longer file reports.
TYPE OF REPORT
(Check Appropriate Box)
QUARTERLY REPORTS PRIMARY ELECTION GENERAL ELECTION
CI January CI 32"" day prior CI 46"day prior
CI April CI 18" day prior CI 32nc1 day prior
CI July CI 4" day prior CI 18" day prior CI TERMINATION REPORT
CI October CI 4" day prior . CI SPECIAL ELECTION
NOTIFICATION OF NO ACTIVITY IN CAMPAIGN ACCOUNT FOR THE REPORTING PERIOD OF
through
X
Signature Date
SIGNATURES REQUIRED FOR: Candidates
Candidate, Campaign Treasurer or Deputy Treasurer (s. 106.07(5), F.S.)
Political Committees
Chalnnan, Campaign Treasurer or Deputy Treasurer (s. 106.07(5). F.S.)
Committees of Continuous existence
Treasurer (s. 106.04(4)(c), F.S.)
Party executive Committees
Treasurer or Chairman (s. 106.29(2), F.S.)
In any reportlng period when there has been no activity in the account (no funds expended or received) the filing of
the required report is waived. However, the filing officer must be notified in writing on the prescribed reporting date
that no report is being filed.
OS-DE 87 (Rev. 08/03)
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76
REQUEST FOR RETURN OF CONTRIBUTION
(Section 106.021, F .S.)
(PLEASE TYPE)
I,
hereby request that the pro rata share of my contribution to the
campaign of
as a
candidate for the office of
be returned to me pursuant to Section 106.021 (1 )(a), Florida
Statutes.
x
Signature
Date
Street Address
City
State
Zip Code
OS-DE 86 (Rev. 09/96)
77
, .
CONTRIBUTIONS RETURNED OFFICE USE ONLY
(Section 106.07(4)(b), F.S.)
(PLEASE TYPE)
This report applies only to contributions received by any candidate or committee, but returned to
the contributor before being deposited in the campaign account.
0 Candidate 0 Political Committee 0 Committee of Continuous Existence
Full Name:
Full Address:
Full Name and Address of Contributor: Full Name and Address of Contributor:
Amount of Contribution: $ Amount of Contribution: $
Date Received: Date Received:
Date Returned: Date Returned:
Full Name and Address of Contributor: Full Name and Address of Contributor:
Amount of Contribution: $ Amount of Contribution: $
Date Received: Date Received:
Date Retumed: Date Returned:
I CERTIFY THAT I HAVE EXAMINED THIS REPORT AND IT IS TRUE, COAAECT AND COMPLETE.
Type or Print Name of Candidate, Treasurer or Chairman
x
Signature
OS-DE 2 (Rev. 08/03)
78
OFFICE USE ONLY
CAMPAIGN LOANS REPORT
(Section 106.075, F.S.)
(PLEASE TYPE)
This report applies to all candidates ELECTED to office who had loans
exceeding $500 in value, which were accepted and used for campaign
purposes within the 12 months preceding the election. All such loans
must be reported to the filing officer within 10 days after the candidate's
election to office.
Full Name of Newly Elected Official
Office
Mailing Address
City State Zip Code
I CERTIFY THAT I HAVE EXAMINED THIS REPORT
AND IT IS TRUE, CORRECT AND COMPLETE.
Type or Print Name of Newly Elected Official
X
Signature
OS-DE 73 (Rev. 08103)
79
CAMPAIGN LOANS REPORT ITEMIZED
Page of
(PLEASE TYPE)
FULL NAME AND ADDRESS OF LENDER: FULL NAME AND ADDRESS OF LENDER:
OCCUPATION: OCCUPATION:
AMOUNT OF LOAN: AMOUNT OF LOAN:
DATE RECEIVED: DATE RECEIVED:
FULL NAME AND ADDRESS OF LENDER: FULL NAME AND ADDRESS OF LENDER:
OCCUPATION: OCCUPATION:
AMOUNT OF LOAN: AMOUNT OF LOAN:
DATE RECEIVED: DATE RECEIVED:
FULL NAME AND ADDRESS OF LENDER: FULL NAME AND ADDRESS OF LENDER:
OCCUPATION: OCCUPATION:
AMOUNT OF LOAN: AMOUNT OF LOAN:
DATE RECEIVED: DATE RECEIVED:
OS-DE 73A (Rev. 08103)
80
OFFICE ACCOUNT REPORT
(Section 106.141, F.S.)
(PLEASE TYPE)
OFFICE USE ONLY
Name Office to Which Elected
Address City State Zip Code
Name of Bank
Address City State Zip Code
This report contains
pages of Deposits and
Disbursements, upon which I have written my initials covering the period of
through
Balance on hand at beginning of reporting period $
Deposits during reporting period $
Disbursements during reporting period $
Balance on hand at end of reporting period $
I, , certify that this report is
complete, true and correct.
x
Signature of Elected Official
OS-DE 48 (Rev. 08/3)
81
OFFICE ACCOUNT
DISBURSEMENT OR DEPOSIT INFORMATION
(PLEASE TYPE)
AMOUNT
DATE NAME AND ADDRESS PURPOSE
Disbursement Deposit
ELECTED OFFICIAL'S INITIALS TOTAL TOTAL
OS-DE 48A (Rev. 08/03)
82
AFFIDAVIT OF INTENTION
(PLEASE TYPE)
OFFICE USE ONLY
State of Florida
County of
I,
a candidate for merit retention on the
in the general election of
Office
, do hereby certify that I have not
Year
collected or expended any money and do not intend to solic~, accept or
expend any money in support of my candidacy.
x
Signature
Date
OS-DE 96 (Rev. 08/03)
83
84
AFFIDA vir OF COMPLIANCE
(PLEASE TYPE)
OFFJCE USE ONLY
State of Florida
County of
I,
, a(n)
(successful)
(unsuccessful)
candidate for merit retention on the
(circle where appropriate)
in the general election of
Office
, do hereby certify that I did not solicit, accept or expend any
Year
money in support of my candidacy before or after said election.
ONDER
A'F~)\I)I
x
Signature
Date
OS-DE 97 (Rev. 08/03)
85
86
TELEPHONE SOLICITATION OFFICE USE ONLY
RESIDENT AGENT NOTICE
(Section 106.1475, F.S.)
(Please Type)
Name of Resident Agent
Address of Resident Agent
Telephone Number of Resident Agent
Name of Person or Organization Conducting Business
Address of Person or Organization
Telephone Number of Person or Organization
Any person or organization that conducts any business in this state which consists of making
paid telephone calls 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
division a notice of such registered agent. Such registered agent must be an individual who is
a resident of this state, a domestic corporation, or a foreign corporation authorized to do
business in this state. Conducting business in this state as specified, includes both placing
telephone calls from a location in this state and placing telephone calls from a location outside
this state to individuals located in this state.
The person or organization conducting business in this state as specified must immediately
notify the division of any changes in the information required.
Any person or organization that violates this section commits a' misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
OS-DE 100 (Rev. 08/03)
87
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