November 3, 2009 Election Forms h ~ r ~ ~ t.. a ~ .
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
Office of the City Clerk
Robert E. Parcher
Tel: 305.673.7411 ,Fax: 305.673.7254
January 7, 2009
Dear City of Miami Beach Candidate:
Thank you for your interest in becoming a candidate for the November 3, 2009 City of Miami Beach General
Election.
Pursuant to City Charter 6 03 a candidate must reside within the City and be a aualified elector for at
least one year before aualifyina.
Enclosed you will find the information and materials needed to answer most, if not all of your questions
related to the November 3, 2009 General Election.
MATERIALS ENCLOSED
1) November 3, 2009 City of Miami Beach -General Municipal Election Information
2) November 3, 2009 City of Miami Beach -Important Dates
3) Chapter 106, Florida Statutes, August 2008
4) 2008 Candidate and Campaign Treasurer Handbook
5) City Code Section 2-487 -Prohibited campaign contributions by vendors
6) City Code Section 2-488 -Prohibited campaign contributions by lobbyists on procurement issues
7) City Code Section 2-489 -Prohibited campaign contributions by real estate developers
8) City Code Section 2-490 -Prohibited campaign contributions by lobbyists on real estate
development issues
9) Form DS-DE 9 -Appointment of Campaign Treasurer and Designation of Campaign Depository for
Candidates
10) Form DS-DE 84 -Statement of Candidate
11) Declaration for Candidates Covered by the Mandatory Provision of the Ethical Campaign Practices
Ordinance/Voluntary Declaration of Ethical Campaign Practices
12) City of Miami Beach website -Campaign Reports from previous General Elections
http://miamibeachfl.gov/newcity/cityhall/election
13) Letter from Code Compliance regarding political signs
Blank Petition Form
THE FIRST TWO DOCUMENTS A PERSON MUST FILE WITH THE CITY CLERK TO BECOME A
CANDIDATE ARE:
1. FORM DS-DE 9 -THE APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF
CAMPAIGN DEPOSITORY
2. FORM DS-DE 84 -STATEMENT OF CANDIDATE
THE CANDIDATE MUST FILE FORM DS-DE 84 -STATEMENT OF CANDIDATE -WITH THE CITY
CLERK WITHIN TEN (10) DAYS AFTER THE CANDIDATE FILES FORM DS-DE 9 -THE APPOINTMENT
OF CAMPAIGN TREASURE AND DESIGNATION OF CAMPAIGN DEPOSITORY.
The City of Miami Beach City Clerk's Office is here to serve you. If you have any questions, please do not
hesitate to call the City Clerk's Office for assistance at 305.673.7411.
Thank you and good luck!
,`r~
r~ zc~ ,~- ~`~2 cCu~
Candidate Signature:
Robert Parcher
City Clerk Date:
We are committed to providing excellent public service and safely to al! who live, work, and play in our vibrant, tropical, historic community.
s
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
Office of the City Clerk
Robert E. Parches
Tel: 305.673.741 1 ,Fax: 305.673.7254
November 3, 2009
General Municipal Election Information
Date of Election: General: Tuesday, November 3, 2009
Runoff: Tuesday, November 17, 2009 if necessary
Offices and Incumbents: Term of Office
Mayor: Matti H. Bower Two (2) years
City Commissioners:
Group I Jerry Libbin Four (4 years)
Group II Saul Gross (Term Limited) Four (4) years
Group 111 Richard Steinberg (Term Limited) Four (4) years
Salary: Mayor: $10,000 per year and $6,000 vehicle allowance
Commissioner: $6,000 per year and $6,000 vehicle allowance
Qualifying Date: Tuesday, September 8, 2009 through Friday, September 11, 2009
Period: Hours: 8:30 a.m. to 5:00 p.m.
Where: Miami Beach City Hall, First Floor, City Clerk's Office
Qualifying Mayor - $1,360 Commissioner: $1,020
Fee: (7.5%, see Charter 6.03 of salary of office candidate seeks, plus 1.0% State Assessment)
NOTE: Campaign account must be opened before qualifying. The qualifying fee
MUST be paid by a check drawn on the candidate's campaign account. Prior to
qualifying. as a candidate for City Commissioner, it will be necessary for each
candidate to go to the Police Station, 1100 Washington Avenue, for the purpose of
being fingerprinted and photographed as required by Article VI, Section 6.03 of the
City Charter.
Qualifying by Petition:
Petition in lieu of qualifying fee shall be filed with the City Clerk no later than the second day for
qualifying as a candidate for such office. Petition approving his/her candidacy must be signed by
sufficient qualified and registered voters to constitute not less than 2% of the number of voters as the
same shall be on the date sixty (60) days prior to the first day of qualifying as a candidate for office.
The .Miami-Dade County Elections Department Certification of registered votes is included with the
materials attached.
If you have any questions, please contact Robert Parches, Miami Beach City Clerk, at 305.673.7411.
F:\CLER\CLER\ELECTION\2009 General Election\General Information Nov 3 2009.doc
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, Tropical, historic community.
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
Office of the City Clerk
Robert E. Parcher
Tel: 305.673.741 1 ,Fax: 305.673.7254 CityClerk@miamibeachfl.gov
November 3, 2009
IMPORTANT DATES
General Election: 1 1 /03/2009 Voter Registration Book Closing: October 5, 2009
Runoff Election, if necessary: 1 1/17/2009 Voter Registration Book Closing: October 19, 2009
Qualifying_ Period:
Date: Tuesday, September 8, 2009 through Friday, September 11, 2009
Hours: 8:30 a.m. to 5:00 p.m.
Where: City Clerk's Office, First Floor, Miami Beach City Hall
DUE DATE COVERS PERIOD REPORT
FROM TO CODE
15' Quarter Report 04/10/2008 Ol /O1 /2008 03/31 /2008 Q1-08
2nd Quarter Report 07/10/2008 04/01/2008 06/30/2008 Q2-08
3'd Quarter Report 10/ 10/2008 07/01 /2008 9/30/2008 Q3-08
4'h Quarter Report O 1 / 10/2009 10/01 /2008 12/31 /2008 Q4-08
15f Quarter Report 04/ 10/2009 O l /01 /2009 03/31 /2009 Q 1-09
2"d Quarter Report 07/ 10/2009 04/01 /2009 06/30/2009 Q2-09
46-Days Prior to Election 09/ 18/2009 07/01 /2009 09/ 1 1 /2009 F 1-09
32-Days Prior to Election 10/02/2009 09/ 12/2009 09/25/2009 F2-09
18-Days Prior to General 10/16/2009 09/26/2009 10/09/2009 F3-09
4-Days Prior to General .10/30/2009 10/10/2009 10/29/2009 F4-09
4-Days Prior to Runoff 1 1/ 13/2009 10/30/2009 1 1/ 12/2009 G 1-09
90 Days after qualifying 12/ 10/2009 07/01 /2009 12/ 10/2009 TR-09
90 Days after General 02/01 /2010 10/30/2009 02/01 /2010 TR-09
90 Days after Runoff 02/ 15/2010 1 1 / 13/2009 02/ 15/2010 TR-09
If you have any questions, please contact Robert Parcher, Miami Beach City Clerk, at 305.673.741 1.
F:ACLER~~CLER'wELF~TION\20x9 General Eleciion\irnportont Dates Nov ~ 2009.doc Updated 4/?/20V&
We are committed to providing excellent public service and safely to all who live, work, and play in our vibrant, Tropical, historic community.
4
F.S. 2008 CAMPAIGN FINANCING Ch. 106
CHAPTER 106
CAMPAIGN FINANCING
106.011 Definitions. 106.17 Polls and surveys relating to candidacies.
106.021 Campaign treasurers; deputies; primary 106.18 When a candidate's name to be omitted
and secondary depositories. from ballot.
106.022 Appointment of a registered agent; duties. 106.19 Violations by candidates, persons con-
106.023 Statement of candidate. nected with campaigns, and political
106.025 Campaign fund raisers. committees.
106.03 Registration of political committees. 106.191 Signatures gathered for initiative petition;
106.04 Committees of continuous existence. effect of ch. 97-13.
106.05 Deposit of contributions; statement of cam- 106.21 Certificates of election not to be issued
paign treasurer. upon conviction.
106.055 Valuation of in-kind contributions. 106.22 Duties of the Division of Elections.
106.06 Treasurer to keep records; inspections. 106.23 Powers of the Division of Elections.
106.07 Reports; cert'rfication and filing. 106.24 Florida Elections Commission; member-
106.0701 Solicitation of contributions on behalf of s. ship; powers; duties.
527 ors. 501(c)(4) organizations; report- 106.25 Reports of alleged violations to Florida
ing requirements; civil penalty; exemp- Elections Commission; disposition of
tion. findings.
106.0703 Electioneering communications organiza- 106.26 Powers of commission; rights and respon-
tions; additional reporting requirements. sibilities of parties; findings by commis-
106.0705 Electronic filing of campaign treasurer's sion.
reports. 106.265 Civil penalties.
106.0706 Electronic filing of campaign finance 106.27 Determinations by commission; legal dis-
reports; confidentiality of information and position.
draft reports. 106.28 Limitation of actions.
106.071 Independent expenditures; electioneering 106.29 Reports by political parties; restrictions on
communications; reports; disclaimers. contributions and expenditures; penal-
106.075 Elected officials; report of loans made in
year preceding election; limitation on ties.
contributions to pay loans. 106.295 Leadership fund.
106.08 Contributions; limitations on. 106.30 Short title.
106.087 Independent expenditures; contribution 106.31 Legislative intent.
limits; restrictions on political parties, 106.32 Election Campaign Financing Trust Fund.
political committees, and committees of 106.33 Election campaign financing; eligibility.
continuous existence. 106.34 Expenditure limits.
106.09 Cash contributions and contribution by 106.35 Distribution of funds.
cashier's checks. 106.353 Candidates voluntarily abiding by election
106.11 Expenses of and expenditures by candi- campaign financing limits but not
dates and political committees. requesting public funds; irrevocable
106.12 Petty cash funds allowed. statement required; penalty.
106.125 Credit cards; conditions on use. 106.355 Nonparticipating candidate exceeding lim-
106.14 Utilities; deposits; prior authorization. its.
106.1405 Use of campaign funds. 106.36 Penalties; fines.
106.141 Disposition of surplus funds by candidates.
106.143 Political advertisements circulated prior to 106.011 Definitions.-As used in this chapter, the
election; requirements. following terms have the following meanings unless the
106.1435 Usage and removal of political campaign context clearly indicates otherwise:
advertisements. (1)(a) "Political committee" means:
106.1437 Miscellaneous advertisements. 1. A combination of two or more individuals, or a
106.1439 Electioneering communications; disclaim- person other than an individual, that, in an aggregate
ers. amount in excess of $500 during a single calendar
106.147 Telephone solicitation; disclosure require- year:
ments; prohibitions; exemptions; penal- a. Accepts contributions for the purpose of making
ties. contributions to any candidate, political committee,
106.1475 Telephone solicitation; registered agent committee of continuous existence, or political party;
requirements; penalty. b. Accepts contributions for the purpose of
106.15 Certain acts prohibited. expressly advocating the election or defeat of a candi-
106.16 Limitation on certain rates and charges. date or the passage or defeat of an issue;
106.161 Air time available at the lowest unit rate. c. Makes expenditures that expressly advocate
106.165 Use of closed captioning and descriptive the election or defeat of a candidate or the passage or
narrative in all television broadcasts. defeat of an issue; or
95
Ch. 106 CAMPAIGN FINANCING F.S. 2008
d. Makes contributions to a common fund, other vices, including, but not limited to, legal and accounting
than a joint checking account between spouses, from services, provided without compensation by individuals
which contributions are made to any candidate, political volunteering a portion or all of their time on behalf of a
committee, committee of continuous existence, or polit- candidate or political committee. This definition shall
ical party; not be construed to include editorial endorsements.
2. The sponsor of a proposed constitutional (4)(a) "Expenditure" means a purchase, payment,
amendment by initiative who intends to seek the signa- distribution, loan, advance, transfer of funds by a cam-
tures of registered electors. paign treasurer or deputy campaign treasurer between
(b) Notwithstanding paragraph (a), the following a primary depository and a separate interest-bearing
entities are not considered political committees for pur- account or certificate of deposit, or gift of money orany-
poses of this chapter: thing of value made for the purpose of influencing the
1. Organizations which are certified by the Depart- results of an election or making an electioneering com-
ment of State as committees of continuous existence munication. However, "expenditure" does not include a
pursuant to s. 106.04, national political parties, and the purchase, payment, distribution, loan, advance, or gift
state and county executive committees of political par- of money or anything of value made for the purpose of
ties regulated by chapter 103. influencing the results of an election when made by an
2. Corporations regulated by chapter 607 orchap- organization, inexistence prior to the time during which
ter 617 or other business entities formed for purposes a candidate qualifies or an issue is placed on the ballot
other than to support or oppose issues or candidates, for that election, for the purpose of printing or distribut-
if their political activities are limited to contributions to ing such organization's newsletter, containing astate-
candidates, political parties, or political committees or ment by such organization in support of or opposition to
expenditures in support of or opposition to an issue a candidate or issue, which newsletter is distributed
from corporate or business funds and if no contribu- only to members of such organization.
tions are received by such corporations or business (b) As used in this chapter, an "expenditure" for an
entities. electioneering communication is made when the earli-
3. Electioneering communications organizations est of the following occurs:
as defined in subsection (19); however, such organiza- 1 • A person enters into a contract for applicable
tions shall be required to register with and report goods or services;
expenditures and contributions, including contributions 2. A person makes payment, in whole or in part,
received from committees of continuous existence, to for the production or public dissemination of applicable
the Division of Elections in the same manner, at the goods or services; or
same time, and subject to the same penalties as a polit- 3. The electioneering communication is publicly
ical committee supporting or opposing an issue or a disseminated.
legislative candidate, except as otherwise specifically (5)(a) "Independent expenditure" means an
provided in this chapter. expenditure by a person for the purpose of expressly
(2) "Committee of continuous existence" means advocating the election or defeat of a candidate or the
any group, organization, association, or other such approval or rejection of an issue, which expenditure is
entity which is certified pursuant to the provisions of s. not controlled by, coordinated with, or made upon con-
106.04. sultation with, any candidate, political committee, or
(3) "Contribution" means: agent of such candidate or committee. An expenditure
(a) A gift, subscription, conveyance, deposit, loan, for such purpose by a person having a contract with the
payment, or distribution of money or anything of value, candidate, political committee, or agent of such candi-
including contributions in kind having an attributable date or committee in a given election period shall not be
monetary value in any form, made for the purpose of deemed an independent expenditure.
influencing the results of an election or making an elec- (b) An expenditure for the purpose of expressly
tioneering communication. advocating the election or defeat of a candidate which
(b) A transfer of funds between political commit- is made by the national, state, or county executive com-
tees, between committees of continuous existence, mittee of a political party, including any subordinate
between electioneering communications organiza- committee of a national, state, or county committee of
tions, or between any combination of these groups. apolitical party, or by any political committee or com-
(c) The payment, by any person other than a candi- mittee of continuous existence, or any other person,
date or political committee, of compensation for the shall not be considered an independent expenditure if
personal services of another person which are ren- the committee or person:
dered to a candidate or political committee without 1. Communicates with the candidate, the candi-
charge tothe candidate or committee for such services. date's campaign, or an agent of the candidate acting on
(d) The transfer of funds by a campaign treasurer behalf of the candidate, including any pollster, media
or deputy campaign treasurer between a primary consultant, advertising agency, vendor, advisor, or staff
depository and a separate interest-bearing account or member, concerning the preparation of, use of, or pay-
certificate of deposit, and the term includes any interest ment for, the specific expenditure or advertising cam-
earned on such account or certificate. paign at issue; or
2. Makes a payment in cooperation, consultation,
Notwithstanding the foregoing meanings of "contribu- or concert with, at the request or suggestion of, or pur-
tion," the word shall not be construed to include ser- suant to any general or particular understanding with
96
F.S. 2008 CAMPAIGN FINANCING Ch. 106
the candidate, the candidate's campaign, a political having collective capacity. The term includes a political
committee supporting the candidate, or an agent of the party, political committee, or committee of continuous
candidate relating to the specific expenditure or adver- existence.
tising campaign at issue; or (9) "Campaign treasurer" means an individual
3. Makes a payment for the dissemination, distri- appointed by a candidate or political committee as pro-
bution, or republication, in whole or in part, of any vided in this chapter.
broadcast or any written, graphic, or other form of cam- (10) "Public office" means any state, county, munici-
paign material prepared by the candidate, the candi- pal, or school or other district office or position which is
date's campaign, or an agent of the candidate, includ- filled by vote of the electors.
ing any pollster, media consultant, advertising agency, (11) "Campaign fund raiser» means any affair held to
vendor, advisor, or staff member; or raise funds to be used in a campaign for public office.
4. Makes a payment based on information about (12) "Division" means the Division of Elections of the
the candidate's plans, projects, or needs communi- Department of State.
sated to a member of the committee or person by the (13) "Communications media" means broadcasting
candidate or an agent of the candidate, provided the stations, newspapers, magazines, outdoor advertising
committee or person uses the information in any way, facilities, printers, direct mail, advertising agencies, the
in whole or in part, either directly or indirectly, to design, Internet, and telephone companies; but with respect to
prepare, or pay for the specific expenditure or advertis- telephones, an expenditure shall be deemed to be an
ing campaign at issue; or expenditure for the use of communications media only
5. After the last day of qualifying for statewide or if made for the costs of telephones, paid telephonists,
legislative office, consults about the candidate's plans, or automatic telephone equipment to be used by a can-
projects, or needs in connection with the candidate's didate or a political committee to communicate with
pursuit of election to office and the information is used potential voters but excluding any costs of telephones
in any way to plan, create, design, or prepare an incurred by a volunteer for use of telephones by such
independent expenditure or advertising campaign, volunteer; however, with respect to the Internet, an
with: expenditure shall be deemed an expenditure for use of
a. Any officer, director, employee, or agent of a communications media only if made for the cost of cre-
national, state, or county executive committee of a ating or disseminating a message on a computer infor-
political party that has made or intends to make mation system accessible by more than one person but
expenditures in connection with or contributions to the excluding internal communications of a campaign or of
candidate; or any group.
b. Any person whose professional services have (14) "Filing officer" means the person before whom
been retained by a national, state, or county executive a candidate qualifies, the agency or officer with whom
committee of a political party that has made or intends apolitical committee registers, or the agency by whom
to make expenditures in connection with or contribu- a committee of continuous existence is certified.
tions to the candidate; or (15) "Unopposed candidate" means a candidate for
6. After the last day of qualifying for statewide or nomination or election to an office who, after the last
legislative office, retains the professional services of day on which any person, including awrite-in candi-
any person also providing those services to the candi- date, may qualify, is without opposition in the election
date in connection with the candidate's pursuit of elec- at which the office is to be filled or who is without such
tion to office; or opposition after such date as a result of any primary
7. Arranges, coordinates, or directs the expendi- election or of withdrawal by other candidates seeking
ture, in any way, with the candidate or an agent of the the same office. A candidate is not an unopposed can-
candidate. didate if there is a vacancy to be filled under s.
(6) "Election" means any primary election, special 100.111(4), if there is a legal proceeding pending
primary election, general election, special election, or regarding the right to a ballot position for the office
municipal election held in this state for the purpose of sought by the candidate, or if the candidate is seeking
nominating or electing candidates to public office, retention as a justice or judge.
choosing delegates to the national nominating conven- (16) "Candidate" means any person to whom any
tions of political parties, or submitting an issue to the one or more of the following apply:
electors for their approval or rejection. (a) Any person who seeks to qualify for nomination
(7) "Issue" means any proposition which is required or election by means of the petitioning process.
by the State Constitution, by law or resolution of the (b) Any person who seeks to qualify for election as
Legislature, or by the charter, ordinance, or resolution awrite-in candidate.
of any political subdivision of this state to be submitted (c) Any person who receives contributions or
to the electors for their approval or rejection at an elec- makes expenditures, or consents for any other person
tion, or any proposition for which a petition is circulated to receive contributions or make expenditures, with a
in order to have such proposition placed on the ballot at view to bring about his or her nomination or election to,
any election. or retention in, public office.
(8) "Person° means an individual or a corporation, (d) Any person who appoints a treasurer and desig-
association, firm, partnership, joint venture, joint stock Hates a primary depository.
company, club, organization, estate, trust, business (e) Any person who files qualification papers and
trust, syndicate, or other combination of individuals subscribes to a candidate's oath as required by law.
97
Ch. 106 CAMPAIGN FINANCING F.S. 2008
However, this definition does not include any candidate b. The staging organization does not structure the
for a political party executive committee. debate to promote or advance one candidate or issue
(17) "Political advertisement" means a paid expres- position over another.
sion in any communications media prescribed in sub- (c) For purposes of this chapter, an expenditure
section (13), whether radio, television, newspaper, made for, or in furtherance of, an electioneering com-
magazine, periodical, campaign literature, direct mail, munication shall not be considered a contribution to or
or display or by means other than the spoken word in on behalf of any candidate.
direct conversation, which expressly advocates the (d) For purposes of this chapter, an electioneering
election or defeat of a candidate or the approval or
rejection of an issue. However, political advertisement communication shall not constitute an independent
does not include: expenditure nor be subject to the limitations applicable
(a) A statement by an organization, in existence to independent expenditures.
prior to the time during which a candidate qualifies or (19) Electioneering communications organization"
an issue is placed on the ballot for that election, in sup- means any group, other than a political party, political
port of or opposition to a candidate or issue, in that committee, or committee of continuous existence,
organization's newsletter, which newsletter is distri- whose activities are limited to making expenditures for
uted only to the members of that organization. electioneering communications or accepting contribu-
(b) Editorial endorsements by any newspaper, tions for the purpose of making electioneering commu-
radio or television station, or other recognized news nications.
medlUm. History.-s. 1, ch. 73-128; s. 1, ch. 74-200; s. 1, ch. 77-774; s. 39, ch. 77-175;
s. 2, ch. 79-157; ss. 6, 17, ch. 79-365; s. 1, ch. 79-378; s. 22, ch. 81-304; s. 34, ch.
(18)(a) "Electioneering communication" means a 84-302; s. 4, ch. 85-226; s. 2, ch. 89-256; s. 1, ch. 89-537; s. 24, ch. 90-315; s. 9,
paid expression in any communications media re- ch. 91-107; s. 636, ch. 95-147; s. 2, ch. 97-13; s. 7, ch. 99-355; s. 1, ch.2002-197;
scribed in subsection (13) by means other than the spo- s. 2, ch. zooa-252; S. cn. zoos-3oo.
ken word in direct conversation that: 106.021 Campaign treasurers; deputies; primary
1. Refers to or depicts a clearly identified candi- and secondary depositories.-
date for office or contains a clear reference indicating (1)(a) Each candidate for nomination or election to
that an issue is to be voted on at an election, without office and each political committee shall appoint acam-
expressly advocating the election or defeat of a candi- paign treasurer. Each person who seeks to qualify for
date or the passage or defeat of an issue. nomination or election to, or retention in, office shall
2. For communications referring to or depicting a appoint a campaign treasurer and designate a primary
clearly identified candidate for office, is targeted to the campaign depository prior to qualifying for office. Any
relevant electorate. A communication is considered tar- person who seeks to qualify for election or nomination
geted if 1,000 or more persons in the geographic area to an office b means of the etitionin
the candidate would represent if elected will receive the y y P g process shall
communication. appoint a treasurer and designate a primary depository
3. For communications containing a clear refer- on or before the date he or she obtains the petitions.
ence indicating that an issue is to be voted on at an Each candidate shall at the same time he or she desig-
election, is published after the issue is designated a Hates a campaign depository and appoints a treasurer
ballot position or 120 days before the date of the elec- also designate the office for which he or she is a candi-
tion on the issue, whichever occurs first. date. If the candidate is running for an office which will
(b) The term "electioneering communication" does be grouped on the ballot with two or more similar offices
not include: to be filled at the same election, the candidate must
1. A statement or depiction by an organization, in indicate for which group or district office he or she is
existence prior to the time during which a candidate running. Nothing in this subsection shall prohibit acan-
named or depicted qualifies or an issue identified is didate, at a later date, from changing the designation of
placed on the ballot for that election, made in that orga- the office for which he or she is a candidate. However,
nization's newsletter, which newsletter is distributed if a candidate changes the designated office for which
only to members of that organization. he or she is a candidate, the candidate must notify all
2. An editorial endorsement, news story, commen- contributors in writing of the intent to seek a different
tary, or editorial by any newspaper, radio, television office and offer to return pro rata, upon their request,
station, or other recognized news medium. those contributions given in support of the original
3. A communication that constitutes a public office sought. This notification shall be given within 15
debate or forum that includes at least two opposing days after the filing of the change of designation and
candidates for an office or one advocate and one oppo- shall include a standard form developed by the Division
Went of an issue, or that solely promotes such a debate of Elections for requesting the return of contributions.
or forum and is made by or on behalf of the person The notice requirement shall not apply to any change in
sponsoring the debate or forum, provided that: a numerical designation resulting solely from redistrict-
a. The staging organization is either: ing. If, within 30 days after being notified by the candi-
(I) A charitable organization that does not make date of the intent to seek a different office, the contribu-
otherelectioneering communications and does not oth- for notifies the candidate in writing that the contributor
erwise support or oppose any political candidate or wishes his or her contribution to be returned, the candi-
political party; or date shall return the contribution, on a pro rata basis,
(II) A newspaper, radio station, television station, or calculated as of the date the change of designation is
other recognized news medium; and filed. Any contributions not requested to be returned
98
F.S. 2008 CAMPAIGN FINANCING Ch. 106
within the 30-day period may be used by the candidate is required to qualify or with the officer with whom the
for the newly designated office. No person shall accept political committee is required to file reports. An individ-
anycontribution or make any expenditure with a view to ual may be appointed and serve as campaign treasurer
bringing about his or her nomination, election, or reten- of a candidate and a political committee or two or more
tion in public office, or authorize another to accept such candidates and political committees. A candidate may
contributions or make such expenditure on the per- appoint herself or himself as campaign treasurer.
son's behalf, unless such person has appointed acam- (d) Any political committee which deposits all con-
paign treasurer and designated a primary campaign tributions received in a national depository from which
depository. A candidate for an office voted upon state- the political committee receives funds to contribute to
wide may appoint not more than 15 deputy campaign state and local candidates shall not be required to des-
treasurers, and any other candidate or political commit- ignate a campaign depository in the state.
tee may appoint not more than 3 deputy campaign trea- (2) A candidate or political committee may remove
surers. The names and addresses of the campaign his, her, or its campaign treasurer or any deputy treas-
treasurer and deputy campaign treasurers so urer. In case of the death, resignation, or removal of a
appointed shall be filed with the officer before whom campaign treasurer before compliance with all obliga-
such candidate is required to qualify or with whom such tions of a campaign treasurer under this chapter, the
political committee is required to register pursuant to s. candidate or political committee shall appoint a succes-
106.03. sor and certify the name and address of the successor
(b) Except as provided in paragraph (d), each can- in the manner provided in the case of an original
didate and each political committee shall also desig- appointment. No resignation shall be effective until it
Hate one primary campaign depository for the purpose has been submitted to the candidate or committee in
of depositing all contributions received, and disbursing writing and a copy thereof has been filed with the officer
all expenditures made, by the candidate or political before whom the candidate is required to qualify or the
committee. The candidate or political committee may officer with whom the political committee is required to
also designate one secondary depository in each file reports. No treasurer or deputy treasurer shall be
county in which an election is held in which the candi- deemed removed by a candidate or political committee
date or committee participates. Secondary deposito- until written notice of such removal has been given to
ries shall be for the sole purpose of depositing contribu- such treasurer or deputy treasurer and has been filed
tions and forwarding the deposits to the primary cam- with the officer before whom such candidate is required
paign depository. Any bank, savings and loan associa- to qualify or with the officer with whom such committee
tion, or credit union authorized to transact business in is required to file reports.
this state may be designated as a campaign deposi- (3) No contribution or expenditure, including contri-
tory. The candidate or political committee shall file the butions or expenditures of a candidate or of the candi-
name and address of each primary and secondary date's family, shall be directly or indirectly made or
depository so designated at the same time that, and received in furtherance of the candidacy of any person
with the same officer with whom, the candidate or com- for nomination or election to political office in the state
mittee files the name of his, her, or its campaign treas- or on behalf of any political committee except through
urer pursuant to paragraph (a). In addition, the cam- the duly appointed campaign treasurer of the candidate
paign treasurer or a deputy campaign treasurer may or political committee, subject to the following excep-
deposit any funds which are in the primary campaign tions:
depository and which are not then currently needed for (a) Independent expenditures;
the disbursement of expenditures into a separate inter- (b) Reimbursements to a candidate or any other
est-bearing account in any bank, savings and loan individual for expenses incurred in connection with the
association, or credit union authorized to transact busi- campaign or activities of the political committee by a
Hess in this state. The separate interest-bearing check drawn upon the campaign account and reported
account shall be designated "Jname of candidate o~ oommit- pursuant to s. 106.07(4). After July 1, 2004, the full
t~ separate interest-bearing campaign account." In name and address of each person to whom the candi-
lieu thereof, the campaign treasurer or deputy cam- date or other individual made payment for which reim-
paign treasurer may purchase a certificate of deposit bursement was made by check drawn upon the cam-
with such unneeded funds in such bank, savings and paign account shall be reported pursuant to s.
loan association, or credit union. The separate interest- 106.07(4), together with the purpose of such payment;
bearing account or certificate of deposit shall be sepa- (c) Expenditures made indirectly through a treas-
ratefrom any personal or other account or certificate of urer for goods or services, such as communications
deposit. Any withdrawal of the principal or earned inter- media placement or procurement services, campaign
est or any part thereof shall only be made from the sep- signs, insurance, or other expenditures that include
arate interest-bearing account or certificate of deposit multiple integral components as part of the expenditure
for the purpose of transferring funds to the primary and reported pursuant to s. 106.07(4)(a)13.; or
account and shall be reported as a contribution. (d) Expenditures made directly by any political
(c) Any campaign treasurer or deputy treasurer committee or political parry regulated by chapter 103
appointed pursuant to this section shall, before such for obtaining time, space, or services in or by any com-
appointment may become effective, have accepted munications medium for the purpose of jointly endors-
appointment to such position in writing and filed such ing three or more candidates, and any such expendi-
acceptance with the officer before whom the candidate ture shall not be considered a contribution or expendi-
99
Ch. 106 CAMPAIGN FINANCING F.S. 2008
ture to or on behalf of any such candidates for the pur- STATEMENT OF CANDIDATE
poses of this chapter.
(4) A deputy campaign treasurer may exercise any 1, -, candidate for the office of have
of the powers and duties of a campaign treasurer as set received, read, and understand the requirements of
forth in this chapter when specifically authorized to do Chapter 106, Florida Statutes.
so by the campaign treasurer and the candidate, in the
case of a candidate, or the campaign treasurer and - (sig"ature °andidatel D to
chair of the political committee, in the case of a political
committee. Willful failure to file this form is a violation of ss.
(5) For purposes of appointing a campaign treas- 106.19(1)(c) and 106.25(3), F.S.
urer and designating a campaign depository, candi- (2) The execution and filing of the statement of can-
datesfor the offices of Governor and Lieutenant Gover- didate does not in and of itself create a presumption
nor on the same ticket shall be considered a single can- that any violation of this chapter or chapter 104 is a will-
didate. ful violation.
History.--s. 2, ch. 73-128; s. 2, ch. 74-200; s. 1, ch. 75-139; s. 39, ch. 77-175; 2ppg~ ry~~' 26, ch. 90-315; s. 638, ch. 95-147; s. 15, ch. 2004-252; s. 15, ch.
s. 2, ch. 79-378; s. 56, ch. 79-400; s. 23, ch. 81-304; s. 35, ch. 84-302; s. 3, ch.
89-256; s. 25, ch. 90-315; s. 10, ch. 91-107; s. 637, ch. 95-147; s. 9, ch. 97-13; s.
26, cn. 2002-17; s. 1a, cn. 2ooa-252; s. a1, cn. 2007-30; s. 2e, cn. 2oo6-ss. 106.025 Campaign fund raisers.-
106.022 A (1)(a) No campaign fund raiser may be held unless
ppointment of a registered agent; the person for whom such funds are to be so used is a
duties.- candidate for public office.
(1) Each political committee, committee of contiu- (b) All money and contributions received with
ous existence, or electioneering communications orga- respect to such a campaign fund raiser shall be
nization shall have and continuously maintain in this deemed to be campaign contributions, and shall be
state a registered office and a registered agent and accounted for, and subject to the same restrictions, as
must file with the division a statement of appointment other campaign contributions. All expenditures made
for the registered office and registered agent. The with respect to such a campaign fund raiser which are
statement of appointment must: made or reimbursed by a check drawn on the campaign
(a) Provide the name of the registered agent and depository of the candidate for whom the funds are to
the street address and phone number for the registered be used and shall be deemed to be campaign expendi-
office; tures to be accounted for, and subject to the same
(b) Identify the entity for whom the registered agent restrictions, as other campaign expenditures.
serves; (c) Any tickets or advertising for such a campaign
(c) Designate the address the registered agent fund raiser shall contain the following statement: `The
wishes to use to receive mail; purchase of a ticket for, or a contribution to, the cam-
(d) Include the entity's undertaking to inform the Paign fund raiser is a contribution to the campaign of
division of any change in such designated address; (name of the candidate for whos b ~ fit th camoaian fund rai er is
(e) Provide for the registered agent's acceptance of ~-•~~ Such tickets or advertising shall also comply
the appointment, which must confirm that the regis- with other provisions of this chapter relating to political
tered agent is familiar with and accepts the obligations advertising.
of the position as set forth in this section; and (d) Any person or candidate who holds a campaign
(f) Contain the signature of the registered agent fund raiser, or consents to a campaign fund raiser
and the entity engaging the registered agent. being held, in violation of the provisions of this subsec-
(2) An entity may change its appointment of regis- tion is guilty of a misdemeanor of the first degree, pun-
tered agent and registered office under this section by fishable as provided in s. 775.082 or s. 775.083.
executing a written statement of change that identifies (2) This section shall not apply to any campaign
the former registered agent and registered address and fund raiser held on behalf of a political party by the state
also satisfies all of the requirements of subsection (1), or county executive committee of such party, provided
(3) A registered agent may resign his or her that the proceeds of such campaign fund raiser are
appointment as registered agent by executing a written reH o~rted pursuant to s. 106.29.
ry.-s. 40, ch. 77-175; s. 51, ch. 81-259; s. 24, ch. 81-304; s. 27, ch.
statement of resignation and filing it with the division. 63-217; s. a, cn. as-25s.
An entity without a registered agent may not make
expenditures or accept contributions until it files a writ- 106.03 Registration of political committees.-
ten statement of change as required in subsection (2). (1)(a) Each political committee that anticipates
History.-s. 67, cn. Zoos-277; s. 2, on. zoos-3oo. receiving contributions or making expenditures during
a calendar year in an aggregate amount exceeding
106.023 Statement of candidate.- $500 or that is seeking the signatures of registered
(1) Each candidate must file a statement with the electors in support of an initiative shall file a statement
qualifying officer within 10 days after filing the appoint- of organization as provided in subsection (3) within 10
ment of campaign treasurer and designation of cam- days after its organization or, if later, within 10 days
paign depository, stating that the candidate has read after the date on which it has information that causes
and understands the requirements of this chapter. the committee to anticipate that it will receive contribu-
Such statement shall be provided by the filing officer tions or make expenditures in excess of $500. If a politi-
and shall be in substantially the following form: cal committee is organized within 10 days of any elec-
100
F.S. 2008 CAMPAIGN FINANCING Ch. 106
tion, it shall immediately file the statement of organiza- committee's intention to support or oppose candidates
tion required by this section. or issues at state or multicounty and local levels of gov-
(b) Each electioneering communications organiza- ernment need file only with the Division of Elections.
tion that anticipates receiving contributions or making (4) Any change in information previously submitted
expenditures shall file a statement of organization as in a statement of organization shall be reported to the
provided in subsection (3) by expedited delivery within agency or officer with whom such committee is required
24 hours after its organization or, if later, within 24 to register pursuant to subsection (3), within 10 days
hours after the date on which it has information that following the change.
causes the organization to anticipate that it will receive (5) Any committee which, after having filed one or
contributions or make expenditures for an electioneer- more statements of organization, disbands or deter-
ing communication. mines it will no longer receive contributions or make
(2) The statement of organization shall include: expenditures during the calendar year in an aggregate
(a) The name and street address of the committee; amount exceeding $500 shall so notify the agency or
(b) The names, street addresses, and relationships officer with whom such committee is required to file the
of affiliated or connected organizations; statement of organization.
(c) The area, scope, or jurisdiction of the commit- (6) If the filing officer finds that a political committee
tee; has filed its statement of organization consistent with
(d) The name, street address, and position of the the requirements of subsection (2), it shall notify the
custodian of books and accounts; committee in writing that it has been registered as a
(e) The name, street address, and position of other political committee. If the filing officer finds that a politi-
principal officers, including officers and members of the cal committee's statement of organization does not
finance committee, if any; meet the requirements of subsection (2), it shall notify
(f) The name, address, office sought, and party the committee of such finding and shall state in writing
affiliation of: the reasons for rejection of the statement of organiza-
1. Each candidate whom the committee is sup- tion.
porting; (7) The Division of Elections shall promulgate rules
2. Any other individual, if any, whom the commit- to prescribe the manner in which inactive committees
tee is supporting for nomination for election, or election, may be dissolved and have their registration canceled.
to any public office whatever; Such rules shall, at a minimum, provide for:
(g) Any issue or issues such organization is sup- (a) Notice which shall contain the facts and conduct
porting or opposing; which warrant the intended action, including but not lim-
(h) If the committee is supporting the entire ticket of ited to failure to file reports and limited activity.
any party, a statement to that effect and the name of the (b) Adequate opportunity to respond.
partY~ (c) Appeal of the decision to the Florida Elections
(i) A statement of whether the committee is a con- Commission. Such appeals shall be exempt from the
tinning one; confidentiality provisions of s. 106.25.
Plans for the dis osition of residual funds which
U) p History.-s. 3, ch. 73-128; s. 3, ch. 74-200; s. 1, ch. 77-174; s. 41, ch. 77-175;
will be made in the event of dissolution; s. 18, ch. 79-365; s. 25, ch. 81-304; s. 1, ch. 82-143; s. 36, ch. ea-302; s. 5, ch.
(k) A listing of all banks, safe-deposit boxes, or 6s-2ss; S. 27, cn. so-3,5; s. 3, ch. 2006-300.
other depositories used for committee funds; and 106.04 Committees of continuous existence.-
(I) A statement of the reports required to be filed by (1) In order to qualify as a committee of continuous
the committee with federal officials, if any, and the
names, addresses, and positions of such officials. existence for the purposes of this chapter, a group,
(3)(a) Apolitical committee which is organized to organization, association, or other such entity which is
support or oppose statewide, legislative, or multicounty involved in making contributions to candidates, political
candidates or issues to be voted upon on a statewide committees, or political parties, shall meet the following
or multicounty basis shall file a statement of organiza- criteria:
tion with the Division of Elections. (a) It shall be organized and operated in accord-
(b) Except as provided in paragraph (c), a political ance with a written charter or set of bylaws which con-
committee which is organized to support or oppose tains procedures for the election of officers and direc-
candidates or issues to be voted on in a countywide tors and which clearly defines membership in the orga-
election or candidates or issues in any election held on nization; and
less than a countywide basis shall file a statement of (b) At least 25 percent of the income of such orga-
organization with the supervisor of elections of the nization, excluding interest, must be derived from dues
county in which such election is being held. or assessments payable on a regular basis by its mem-
(c) Apolitical committee which is organized to sup- bership pursuant to provisions contained in the charter
port or oppose only candidates for municipal office or or bylaws. Dues may be collected by a group, organiza-
issues to be voted on in a municipal election shall file a tion, association, or other such entity from its members
statement of organization with the officer before whom and forwarded to the committee of continuous exist-
municipal candidates qualify. ence. The committee of continuous existence shall
(d) Any political committee which would be report such dues as if it had received the dues directly
required under this subsection to file a statement of from its members, in the manner prescribed in subsec-
organization in two or more locations by reason of the tion (4).
101
Ch. 106 CAMPAIGN FINANCING F.S. 2008
(2) Any group, organization, association, or other suant to the schedule on file with the Division of Elec-
entity may seek certification from the Department of tions, only the aggregate amount of such contributions
State as a committee of continuous existence by filing need be listed, together with the number of members
an application with the Division of Elections on a form paying such dues and the amount of the membership
provided by the division. Such application shall provide dues.
the information required of political committees by s. 2. The name and address of each political commit-
106.03(2). Each application shall be accompanied by tee or committee of continuous existence from which
the name and street address of the principal officer of the reporting committee received, or the name and
the applying entity as of the date of the application; a address of each political committee, committee of con-
copy of the charter or bylaws of the organization; a tinuous existence, or political party to which it made,
copy of the dues or assessment schedule of the organi- any transfer of funds, together with the amounts and
zation, or formula by which dues or assessments are dates of all transfers.
levied; and a complete financial statement or annual 3. Any other receipt of funds not listed pursuant to
audit summarizing all income received, and all subparagraph 1. or subparagraph 2., including the
expenses incurred, by the organization during the 12 sources and amounts of all such funds.
months preceding the date of application. Amember- 4. The name and address of, and office sought by,
ship list shall be made available for inspection if each candidate to whom the committee has made a
deemed necessary by the division. contribution during the reporting period, together with
(3) If the Division of Elections finds that an applying the amount and date of each contribution.
organization meets the criteria for a committee of con- 5. The full name and address of each person to
tinuous existence as provided by subsection (1), it shall whom expenditures have been made by or on behalf of
certify such findings and notify the applying organiza- the committee within the reporting period; the amount,
tion of such certification. If it finds that an applying orga- date, and purpose of each such expenditure; and the
nization does not meet the criteria for certification, it name and address, and office sought by, each candi-
shall notify the organization of such findings and shall date on whose behalf such expenditure was made.
state the reasons why such criteria are not met. 6. The full name and address of each person to
(4)(a) Each committee of continuous existence whom an expenditure for personal services, salary, or
shall file an annual report with the Division of Elections reimbursement for authorized expenses has been
during the month of January. Such annual reports shall made, including the full name and address of each
contain the same information and shall be accompa- entity to whom the person made payment for which
Hied by the same materials as original applications filed reimbursement was made by check drawn upon the
pursuant to subsection (2). However, the charter or committee account, together with the amount and pur-
bylaws need not be filed if the annual report is accom- pose of such payment.
panied by a sworn statement by the chair that no 7. Transaction information from each credit card
changes have been made to such charter or bylaws statement that will be included in the next report follow-
since the last filing. ing receipt thereof by the committee. Receipts for each
(b)1. Each committee of continuous existence credit card purchase shall be retained by the treasurer
shall file regular reports with the Division of Elections at with the records for the committee account.
the same times and subject to the same filing condi- 8. The total sum of expenditures made by the
tions as are established by s. 106.07(1) and (2) for can- committee during the reporting period.
didates' reports. (d) The treasurer of each committee shall certify as
2. Any committee of continuous existence failing to the correctness of each report and shall bear the
to so file a report with the Division of Elections pursuant responsibility for its accuracy and veracity. Any treas-
to this paragraph on the designated due date shall be urer who willfully certifies to the correctness of a report
subject to a fine for late filing as provided by this sec- while knowing that such report is incorrect, false, or
tion. incomplete commits a misdemeanor of the first degree,
(c) All committees of continuous existence shall file punishable as provided in s. 775.082 or s. 775.083.
their reports with the Division of Elections. Reports (5) No committee of continuous existence shall
shall be filed in accordance with s. 106.0705 and shall make an electioneering communication, contribute to
contain the following information: any candidate or political committee an amount in
1. The full name, address, and occupation of each excess of the limits contained in s. 106.08(1), or partici-
person who has made one or more contributions, pate in any activity which is prohibited by this chapter.
including contributions that represent the payment of If any violation occurs, it shall be punishable as pro-
membership dues, to the committee during the report- vided in this chapter for the given offense. No funds of
ing period, togetherwith the amounts and dates of such a committee of continuous existence shall be
contributions. For corporations, the report must provide expended on behalf of a candidate, except by means of
as clear a description as practicable of the principal a contribution made through the duly appointed cam-
type of business conducted by the corporation. How- paign treasurer of a candidate. No such committee
ever, if the contribution is $100 or less, the occupation shall make expenditures in support of, or in opposition
of the contributor or principal type of business need not to, an issue unless such committee first registers as a
be listed. However, for any contributions that represent political committee pursuant to this chapter and under-
the payment of dues by members in a fixed amount takes all the practices and procedures required thereof;
aggregating no more than $250 per calendar year, pur- provided such committee may make contributions in a
102
F.S. 2008 CAMPAIGN FINANCING Ch. 106
total amount not to exceed 25 percent of its aggregate receipt of the notice of payment due. In such case, the
income, as reflected in the annual report filed for the treasurer of the committee shall, within the 20-day
previous year, to one or more political committees reg- period, notify the filing officer in writing of his or her
istered pursuant to s. 106.03 and formed to support or intention to bring the matter before the commission.
oppose issues. (d) The filing officer shall notify the Florida Elec-
(6) All accounts and records of a committee of con- tions Commission of the repeated late filing by a com-
tinuous existence may be inspected under reasonable mittee of continuous existence, the failure of a commit-
circumstances by any authorized representative of the tee of continuous existence to file a report after notice,
Division of Elections or the Florida Elections Commis- or the failure to pay the fine imposed.
sion. The ri ht of ins ection ma be enforced b a ro- History.-s. 4, ch. 73-128; ss. 4, 16, ch. 74-200; s. ch. 77-174; s. 42, ch.
g P Y Y PP 77-175; s. 57, ch. 79-400; s. 26, ch. 81-304; s. 5, ch. 65-226; s. 6, ch. 89-256; s.
priate writ issued by any court of competent jurisdiction. 26, ch. 90-315; s. 1, ch. 90-338; ss. 6, 12, ch. 91.107; s. 1, ch. 95-140; s. 639, ch.
(7) If a committee of continuous existence ceases 20~01~
30 s. 6, ch. 97-13; ss. 3, 16, ch. 2004-252; s. 4, ch. 2006-300; s. 42, ch.
to meet the criteria prescribed by subsection (1 the
Division of Elections shall revoke its certification until 106.05 Deposit of contributions; statement of
such time as the criteria are again met. The Division of campaign treasurer.-All funds received by the cam-
Elections shall promulgate rules to prescribe the man- paign treasurer of any candidate or political committee
Her in which such certification shall be revoked. Such shall, prior to the end of the 5th business day following
rules shall, at a minimum, provide for: the receipt thereof, Saturdays, Sundays, and legal holi-
(a) Notice, which shall contain the facts and con- days excluded, be deposited in a campaign depository
duct that warrant the intended action. designated pursuant to s. 106.021, in an account des-
(b) Adequate opportunity to respond. ignated (name of candidate or committee) Campaign
(c) Appeal of the decision to the Florida Elections Account ° Except for contributions to political commit-
Commission. Such appeals shall be exempt from the tees made by payroll deduction, all deposits shall be
confidentiality provisions of s. 106.25. accompanied by a bank deposit slip containing the
(8)(a) Any committee of continuous existence fail- name of each contributor and the amount contributed
ing to file a report on the designated due date shall be by each. If a contribution is deposited in a secondary
subject to a fine. The fine shall be $50 per day for the campaign depository, the depository shall forward the
first 3 days late and, thereafter, $500 per day for each full amount of the deposit, along with a copy of the
late day, not to exceed 25 percent of the total receipts deposit slip accompanying the deposit, to the primary
or expenditures, whichever is greater, for the period campaign depository prior to the end of the 1st busi-
covered by the late report. The fine shall be assessed Hess day following the deposit.
by the filing officer, and the moneys collected shall be S. ~n
e~~
5s 's
2s ~r, sa3,s: °n. 7s-6a; s.1, on. 77-17a; s. a3, on. n-17s:
deposited in the General Revenue Fund. No separate
fine shall be assessed for failure to file a copy of any 106.055 Valuation of in-kind contributions.-Any
report required by this section. person who makes an in-kind contribution shall, at the
(b) Upon determining that a report is late, the filing time of making such contribution, place a value on such
officer shall immediately notify the treasurer ofthe com- contribution, which valuation shall be the fair market
mittee as to the failure to file a report by the designated value of such contribution. Travel conveyed upon pri-
due date and that a fine is being assessed for each late vate aircraft shall be valued at the actual cost of per
day. Upon receipt of the report, the filing officer shall person commercial air travel for the same or a substan-
determine the amount of fine which is due and shall tially similar route.
notify the treasurer of the committee. The filing officer History.-s. aa, ch. 77-175; s. 43, ch. 2007-30.
shall determine the amount of the fine due based upon
the earliest of the following: 106.06 Treasurer to keep records; inspections.-
1. When the report is actually received by such (1) The campaign treasurer of each candidate and
officer. the campaign treasurer of each political committee
2. When the report is postmarked. shall keep detailed accounts, current within not more
3. When the certificate of mailing is dated. than 2 days after the date of receiving a contribution or
4. When the receipt from an established courier making an expenditure, of all contributions received
company is dated. and all expenditures made by or on behalf of the candi-
date or political committee that are required to be set
Such fine shall be paid to the filing officer within 20 days forth in a statement filed under this chapter. The cam-
after receipt of the notice of payment due, unless paign treasurer shall also keep detailed accounts of all
appeal is made to the Florida Elections Commission deposits made in any separate interest-bearing
pursuant to paragraph (c). An officer or member of a account or certificate of deposit and of all withdrawals
committee shall not be personally liable for such fine. made therefrom to the primary depository and of all
(c) Any treasurer of a committee may appeal or dis- interest earned thereon.
pute the fine, based upon unusual circumstances sur- (2) Accounts, including separate interest-bearing
rounding the failure to file on the designated due date, accounts and certificates of deposit, kept by the cam-
and may request and shall be entitled to a hearing paign treasurer of a candidate or political committee
before the Florida Elections Commission, which shall may be inspected under reasonable circumstances
have the authority to waive the fine in whole or in part. before, during, or after the election to which the
Any such request shall be made within 20 days after accounts refer by any authorized representative of the
103
Ch. 106 CAMPAIGN FINANCING F.S. 2008
Division of Elections or the Florida Elections Commis- 2. When an election is called for an issue to
sion. The right of inspection may be enforced by appro- appear on the ballot at a time when no candidates are
priate writ issued by any court of competent jurisdiction. scheduled to appear on the ballot, all political commit-
The campaign treasurer of a political committee sup- tees making contributions or expenditures in support of
porting a candidate may be joined with the campaign or in opposition to such issue shall file reports on the
treasurer of the candidate as respondent in such apro- 18th and 4th days prior to such election.
ceeding. (e) The filing officer shall provide each candidate
(3) Accounts kept by a campaign treasurer of a with a schedule designating the beginning and end of
candidate shall be preserved by the campaign treas- reporting periods as well as the corresponding desig-
urerfor anumber of years equal to the term of office of Hated due dates.
the office to which the candidate seeks election. (2)(a)1. All reports required of a candidate by this
Accounts kept by a campaign treasurer of a political section shall be filed with the officer before whom the
committee shall be preserved by such treasurer for at candidate is required by law to qualify. All candidates
least 2 years after the date of the election to which the who file with the Department of State shall file their
accounts refer.
History.-s. 6, ch. 73-128; s. 45, ch. 77-175; s. 3, ch. 79-376; s. 8, ch. 89-256; reports purSUant t0 s. 106.0705. EXCept aS prOVlded In
S. 30, ch. so-315. s. 106.0705, reports shall be filed not later than 5 p.m.
106.07 Reports; certification and filin of the day designated; however, any report postmarked
9~ by the United States Postal Service no later than mid-
(1) Each campaign treasurer designated by a can- night of the day designated shall be deemed to have
didate or political committee pursuant to s. 106.021 been filed in a timely manner. Any report received by
shall file regular reports of all contributions received, the filing officer within 5 days after the designated due
and all expenditures made, by or on behalf of such can- date that was delivered by the United States Postal
didate or political committee. Reports shall be filed on Service shall be deemed timely filed unless it has a
the 10th day following the end of each calendar quarter postmark that indicates that the report was mailed after
from the time the campaign treasurer is appointed, the designated due date. A certificate of mailing
except that, if the 10th day following the end of a Galen- obtained from and dated by the United States Postal
dar quarter occurs on a Saturday, Sunday, or legal holi- Service at the time of mailing, or a receipt from an
day, the report shall be filed on the next following day established courier company, which bears a date on or
which is not a Saturday, Sunday, or legal holiday. Quar-
terly reports shall include all contributions received and before the date on which the report is due, shall be
expenditures made during the calendar quarter which Proof of mailing in a timely manner. Reports shall con-
have not otherwise been reported pursuant to this sec- tam information of all previously unreported contribu-
tion. tions received and expenditures made as of the pre-
(a) Except as provided in paragraph (b), following ceding Friday, except that the report filed on the Friday
the last day of qualifying for office, the reports shall be immediately preceding the election shall contain infor-
filed on the 32nd, 18th, and 4th days immediately pre- mation of all previously unreported contributions
ceding the primary and on the 46th, 32nd, 18th, and 4th received and expenditures made as of the day preced-
days immediately preceding the election, for a candi- ing that designated due date. All such reports shall be
date who is opposed in seeking nomination or election open to public inspection.
to any office, for a political committee, or for a commit- 2. This subsection does not prohibit the governing
tee of continuous existence. body of a political subdivision, by ordinance or resolu-
(b) Following the last day of qualifying for office, tion, from imposing upon its own officers and candi-
any statewide candidate who has requested to receive dates electronic filing requirements not in conflict with
contributions from the Election Campaign Financing s. 106.0705. Expenditure of public funds for such pur-
Trust Fund or any statewide candidate in a race with a Pose is deemed to be for a valid public purpose.
candidate who has requested to receive contributions (b)1. Any report which is deemed to be incomplete
from the trust fund shall file reports on the 4th, 11th, by the officer with whom the candidate qualifies shall be
18th, 25th, and 32nd days prior to the primary election, accepted on a conditional basis, and the campaign
and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th, and treasurer shall be notified by registered mail as to why
53rd days prior to the general election. the report is incomplete and be given 3 days from
(c) Following the last day of qualifying for office, receipt of such notice to file an addendum to the report
any unopposed candidate need only file a report within providing all information necessary to complete the
90 days after the date such candidate became unop- report in compliance with this section. Failure to file a
posed. Such report shall contain all previously unre- complete report after such notice constitutes a violation
ported contributions and expenditures as required by of this chapter.
this section and shall reflect disposition of funds as 2. In lieu of the notice by registered mail as
required by s. 106.141. required in subparagraph 1., the qualifying officer may
(d)1. When a special election is called to fill a notify the campaign treasurer by telephone that the
vacancy in office, all political committees and commit- report is incomplete and request the information neces-
tees of continuous existence making contributions or sary to complete the report. If, however, such informa-
expenditures to influence the results of such special tion is not received by the qualifying officer within 3
election shall file campaign treasurers' reports with the days after the telephone request therefor, notice shall
filing officer on the dates set by the Department of State be sent by registered mail as provided in subparagraph
pursuant to s. 100.111. 1.
104
F.S. 2008 CAMPAIGN FINANCING Ch. 106
(3) Reports required of a political committee shall 11. A copy of each credit card statement which shall
be filed with the agency or officer before whom such be included in the next report following receipt thereof
committee registers pursuant to s. 106.03(3) and shall by the candidate or political committee. Receipts for
be subject to the same filing conditions as established each credit card purchase shall be retained by the
for candidates' reports. Incomplete reports by political treasurer with the records for the campaign account.
committees shall be treated in the manner provided for 12. The amount and nature of any separate inter-
incomplete reports by candidates in subsection (2). est-bearing accounts or certificates of deposit and
(4)(a) Each report required by this section shall identification of the financial institution in which such
contain: accounts or certificates of deposit are located.
1. The full name, address, and occupation, if any 13. The primary purposes of an expenditure made
of each person who has made one or more contribu- indirectly through a campaign treasurer pursuant to s.
tions to or for such committee or candidate within the 106.021(3) for goods and services such as communi-
reporting period, together with the amount and date of cations media placement or procurement services,
such contributions. For corporations, the report must campaign signs, insurance, and other expenditures
provide as clear a description as practicable of the prin- that include multiple components as part of the expend-
cipal type of business conducted by the corporation. iture. The primary purpose of an expenditure shall be
However, if the contribution is $100 or less or is from a that purpose, including integral and directly related
relative, as defined in s. 112.312, provided that the rela- components, that comprises 80 percent of such
tionship is reported, the occupation of the contributor or expenditure.
the principal type of business need not be listed. (b) The filing officer shall make available to any
2. The name and address of each political commit- candidate or committee a reporting form which the can-
tee from which the reporting committee or the candi- didate or committee may use to indicate contributions
date received, or to which the reporting committee or received by the candidate or committee but returned to
candidate made, any transfer of funds, together with the contributor before deposit.
the amounts and dates of all transfers. (5) The candidate and his or her campaign treas-
3. Each loan for campaign purposes to or from any urer, in the case of a candidate, or the political commit-
person or political committee within the reporting tee chair and campaign treasurer of the committee, in
period, together with the full names, addresses, and the case of a political committee, shall certify as to the
occupations, and principal places of business, if any, of
the lender and endorsers, if any, and the date and correctness of each report; and each person so certity-
amount of such loans. ing shall bear the responsibility for the accuracy and
4. A statement of each contribution, rebate, veracity of each report. Any campaign treasurer, candi-
refund, or other receipt not otherwise listed under date, or political committee chair who willfully certifies
subparagraphs 1. through 3. the correctness of any report while knowing that such
5. The total sums of all loans, in-kind contribu- report is incorrect, false, or incomplete commits a mis-
tions, and other receipts by or for such committee or demeanor of the first degree, punishable as provided in
candidate during the reporting period. The reporting s. 775.082 or s. 775.083.
forms shall be designed to elicit separate totals for in- (6) The campaign depository shall return all checks
kind contributions, loans, and other receipts. drawn on the account to the campaign treasurer who
6. The full name and address of each person to shall retain the records pursuant to s. 106.06. The rec-
whom expenditures have been made by or on behalf of ords maintained by the depository with respect to such
the committee or candidate within the reporting period; account shall be subject to inspection by an agent of
the amount, date, and purpose of each such expendi- the Division of Elections or the Florida Elections Com-
ture; and the name and address of, and office sought mission at any time during normal banking hours, and
by, each candidate on whose behalf such expenditure such depository shall furnish certified copies of any of
was made. However, expenditures made from the petty such records to the Division of Elections or Florida
cash fund provided by s. 106.12 need not be reported Elections Commission upon request.
individually. (7) Notwithstanding any other provisions of this
7. The full name and address of each person to chapter, in any reporting period during which a candi-
whom an expenditure for personal services, salary, or date, political committee, or committee of continuous
reimbursement for authorized expenses as provided in existence has not received funds, made any contribu-
s. 106.021(3) has been made and which is not other- tions, or expended any reportable funds, the filing of the
wise reported, including the amount, date, and purpose required report for that period is waived. However, the
of such expenditure. However, expenditures made next report filed must specify that the report covers the
from the petty cash fund provided for in s. 106.12 need entire period between the last submitted report and the
not be reported individually. report being filed, and any candidate, political commit-
8. The total amount withdrawn and the total tee, or committee of continuous existence not reporting
amount spent for petty cash purposes pursuant to this by virtue of this subsection on dates prescribed else-
chapter during the reporting period. where in this chapter shall notify the filing officer inwrit-
9. The total sum of expenditures made by such ing on the prescribed reporting date that no report is
committee or candidate during the reporting period. being filed on that date.
10. The amount and nature of debts and obligations (8)(a) Any candidate or political committee failing to
owed by or to the committee or candidate, which relate file a report on the designated due date shall be subject
to the conduct of any political campaign. to a fine as provided in paragraph (b) for each late day,
105
Ch. 108 CAMPAIGN FINANCING F.S. 2008
and, in the case of a candidate, such fine shall be paid determining the amount of a fine, if any, to be waived.
only from personal funds of the candidate. The fine Any such request shall be made within 20 days after
shall be assessed by the filing officer and the moneys receipt of the notice of payment due. In such case, the
collected shall be deposited: candidate or chair of the political committee shall,
1. In the General Revenue Fund, in the case of a within the 20-day period, notify the filing officer in writ-
candidate for state office or a political committee that ing of his or her intention to bring the matter before the
registers with the Division of Elections; or commission.
2. In the general revenue fund of the political sub- (d) The appropriate filing officer shall notify the
division, in the case of a candidate for an office of a Florida Elections Commission of the repeated late filing
political subdivision or a political committee that regis- by a candidate or political committee, the failure of a
ters with an officer of a political subdivision. candidate or political committee to file a report after
notice, or the failure to pay the fine imposed. The com-
No separate fine shall be assessed for failure to file a mission shall investigate only those alleged late filing
copy of any report required by this section. violations specifically identified by the filing officer and
(b) Upon determining that a report is late, the filing as set forth in the notification. Any other alleged viola-
officershall immediately notify the candidate or chair of tions must be separately stated and reported by the
the political committee as to the failure to file a report by division to the commission under s. 106.25(2).
the designated due date and that a fine is being (9) The Department of State may prescribe by rule
assessed for each late day. The fine shall be $50 per the requirements for filing campaign treasurers' reports
day for the first 3 days late and, thereafter, $500 per as set forth in this chapter.
day for each late day, not to exceed 25 ercent of the History.-s. 7, ch. 73-128; ss. 5,15, 17, ch. 74-200; ss. 1, 2, ch. 75.8; s. 2, oh.
P 75-139; s. 1, ch. 77-174; s. 46, ch. 77-175; s. 23, ch. 79-164; ss. 7, 8, ch. 79-365;
total receipts or expenditures, whichever is greater, fOr s. 4, ch. 79-378; s. 58, ch. 79-400; s. 52, ch. 81-259; s. 27, ch. 81-304; s. 2, ch.
the period covered by the late report. However, for the 83, cn'si ziza sass oni'ss-zsscs. 31 3ch., 90 315; 852, ch, s0-s3s~; s6.184th.
reports immediately preceding each primary and gen- 9o-soz; s. 7, oh. si-,m; S. z, gyn. ss-iao; S. sao, ch. s5-147; s. is, cn. ss-zso; S.
eral election, the fine shall be $500 er da for each late 7 gyn. s7-13; s. s, a,. zoos-75; s. is, cn. zoo2-, 7; s. z, ch. 2oo2-,s7; s. e, ch.
P Y 2003-1; ss. 17, 18, ch. 2004-252; s. 24, ch. 2005-286; ss. 5, 10, ch. 2006-300; s.
day, not to exceed 25 percent of the total receipts or zs, 2008-s5.
expenditures, whichever is reater, for the enod cov- 'Note.-The trust fund expired, effective November 4, 1996, by operation of s.
9 P 19(f), Art. III of the State Constitution.
ered by the late report. For reports required under s.
106.141(7), the fine is $50 per day for each late day, not 106.0701 Solicitation of contributions on behalf of
to exceed 25 percent of the total receipts or expendi- s. 527 or s. 501(c)(4) organizations; reporting require-
tures, whichever is greater, for the period covered by ments; civil penalty; exemption.-
the late report. Upon receipt of the report, the filing offi- (1) The Governor, Lieutenant Governor, members
ter shall determine the amount of the fine which is due of the Cabinet, state legislators, or candidates for such
and shall notify the candidate or chair. The filing officer offices who directly or indirectly solicit, cause to be
shall determine the amount of the fine due based upon solicited, or accept any contribution on behalf of an
the earliest of the following: organization that is exempt from taxation under s. 527
1. When the report is actually received by such or s. 501(c)(4) of the Internal Revenue Code, which
officer. such individuals, in whole or in part, establish, maintain,
2. When the report is postmarked. or control, shall file a statement with the division within
3. When the certificate of mailing is dated. 5 days after commencing such activity on behalf of the
4. When the receipt from an established courier organization. The statement shall contain the following
company is dated. information:
5. When the electronic receipt issued pursuant to (a) The name of the person acting on behalf of the
s. 106.0705 or other electronic filing system authorized organization.
in this section is dated. (b) The name and type of the organization.
(c) A description of the relationship between the
Such fine shall be paid to the filing officer within 20 days person and the organization.
after receipt of the notice of payment due, unless (2) Failure to timely file the statement shall subject
appeal is made to the Florida Elections Commission the person to a civil penalty of $50 per day for each late
pursuant to paragraph (c). In the case of a candidate, day, payable from the personal funds of the violator.
such fine shall not be an allowable campaign expendi- (3) Upon filing a statement with the division, an indi-
ture and shall be paid only from personal funds of the vidual subject to the requirements of subsection (1)
candidate. An officer or member of a political commit- shall promptly create a public website that contains a
tee shall not be personally liable for such fine. mission statement and the names of persons associ-
(c) Any candidate or chair of a political committee ated with the organization. The address of the website
may appeal or dispute the fine, based upon, but not lim- shall be reported to the division within 5 business days
ited to, unusual circumstances surrounding the failure after the website is created.
to file on the designated due date, and may request and (4) All contributions received shall be disclosed on
shall be entitled to a hearing before the Florida Elec- the website within 5 business days after deposit,
tions Commission, which shall have the authority to together with the name, address, and occupation of the
waive the fine in whole or in part. The Florida Elections donor. All expenditures by the organization shall be
Commission must consider the mitigating and aggra- individually disclosed on the website within 5 business
vating circumstances contained in s. 106.265(1) when days after being made.
106
F.S. 2008 CAMPAIGN FINANCING Ch. 106
(5) The filing requirements of subsection (1) do not (d) Provide a method that prevents unauthorized
apply to an individual acting on behalf of his or her own access to electronic filing system functions.
campaign or a political party of which the individual is (6) The division shall adopt rules pursuant to ss.
a member. 120.536(1) and 120.54 to administer this section and
History.-s. s, on. zoos-aoo. provide for the reports required to be filed pursuant to
106.0703 Electioneering communications organi- this section. Such rules shall, at a minimum, provide:
nations; additional reporting requirements.-In addi- (a) Alternate filing procedures in case the division's
tion to the reporting requirements in s. 106.07, an elec- electronic filing system is not operable.
tioneering communications organization shall, within 2 (b) For the issuance of an electronic receipt to the
days after receiving its initial password or secure Person submitting the report indicating and verifying
sign-on from the Department of State allowing confi- that the report has been filed.
dential access to the department's electronic campaign (7) Notwithstanding anything in law to the contrary,
finance filing system, electronically file the periodic any report required to have been filed under this sec-
campaign finance reports that would have been tion for the period ended March 31, 2005, shall be
required pursuant to s. 106.07 for reportable activities deemed to have been timely filed if the report is filed
under this section on or before June 1, 2005.
that occurred since the date of the last general election. History.-s. ts, a,. 2ooa-2s2; 5. as, ch. 2005-278; s. 8, ch. 2006300.
History.-s. 7, ch. 2006-300.
106.0705 Electronic filing of campaign treasurer's 106.0706 Electronic filing of campaign finance
reports; confidentiality of information and draft
reports.- reports.-All user identifications and passwords held
(1) As used in this section, "electronic filing system" by the Department of State pursuant to s. 106.0705 are
means an Internet system for recording and reporting confidential and exempt from s. 119.07(1) and s. 24(a),
campaign finance activity by reporting period. Art. I of the State Constitution. All records, reports, and
(2)(a) Each candidate who is required to file reports files stored in the electronic filing system pursuant to s.
pursuant to s. 106.07 with the division must file such 106.0705 are exempt from s. 119.07(1) and s. 24(a),
reports with the division by means of the division's elec- Art. I of the State Constitution until such time as the
tropic filing system. report has been submitted as a filed report. This section
(b) Each political committee, committee of contiu- is subject to the Open Government Sunset Review Act
ous existence, electioneering communications organi- in accordance with s. 119.15 and shall stand repealed
nation, or state executive committee that is required to on October 2, 2009, unless reviewed and saved from
file reports with the division under s. 106.04, s. 106.07, repeal through reenactment by the Legislature.
s. 106.0703, ors. 106.29, as applicable, must file such History.-s. t, cn. 2ooa-2ss; s. ~s, cn. Zoos-a.
reports with the division by means of the division's elec-
tronic filing system. 106.071 Independent expenditures; electioneering
(c) Each person or organization that is required to communications; reports; disclaimers.-
file reports with the division under s. 106.071 must file (1) Each person who makes an independent
such reports with the division by means of the division's expenditure with respect to any candidate or issue, and
electronic filing system. each individual who makes an expenditure for an elec-
(3) Reports filed pursuant to this section shall be tioneering communication which is not otherwise
completed and filed through the electronic filing system reported pursuant to this chapter, which expenditure, in
not later than midnight of the day designated. Reports the aggregate, is in the amount of $100 or more, shall
not filed by midnight of the day designated are late filed file periodic reports of such expenditures in the same
and are subject to the penalties under s. 106.04(8), s. manner, at the same time, subject to the same penal-
106.07(8), or s. 106.29(3), as applicable. ties, and with the same officer as a political committee
(4) Each report filed pursuant to this section is con- supporting or opposing such candidate or issue. The
sidered to be under oath by the candidate and treasurer report shall contain the full name and address of the
or the chair and treasurer, whichever is applicable, and person making the expenditure; the full name and
such persons are subject to the provisions of s. address of each person to whom and for whom each
106.04(4)(d), s. 106.07(5), or s. 106.29(2), as applica- such expenditure has been made; the amount, date,
ble. Persons given a secure sign-on to the electronic fil- and purpose of each such expenditure; a description of
ing system are responsible for protecting such from the services or goods obtained by each such expendi-
disclosure and are responsible for all filings using such ture; the issue to which the expenditure relates; and the
credentials, unless they have notified the division that name and address of, and office sought by, each candi-
their credentials have been compromised. date on whose behalf such expenditure was made.
(5) The electronic filing system developed by the (2) Any political advertisement paid for by an
division must: independent expenditure shall prominently state "Paid
(a) Be based on access by means of the Internet. political advertisement paid for by (Nameandaddressof cerson
(b) Be accessible by anyone with Internet access p~vinc for advertisement) independently of any (candidate or
using standard web-browsing software. oommineel
(c) Provide for direct entry of campaign finance (3) Subsection (2) does not apply to novelty items
information as well as upload of such information from having a retail value of $10 or less which support, but
campaign finance software certified by the division. do not oppose, a candidate or issue.
107
Ch. 106 CAMPAIGN FINANCING F.S. 2008
(4) Any person who fails to include the disclaimer Hate committee of a national, state, or county commit-
prescribed in subsection (2) in any political advertise- tee of a political party, which contributions in the aggre-
ment that is required to contain such disclaimer com- gate exceed $250,000, no more than $125,000 of
mits a misdemeanor of the first degree, punishable as which may be accepted prior to the 28-day period
provided in s. 775.082 or s. 775.083. immediately preceding the date of the general election.
History.-s. 47, ch. 77-175; s. 10, gyn. as-z5s; S. a, cn. zooa-252. Polling services, research services, costs for campaign
106.075 Elected officials; report of loans made in staff, professional consulting services, and telephone
year preceding election; limitation on contributions to calls are not contributions to be counted toward the
pay loans.- contribution limits of paragraph (a) or this paragraph.
(1) A person who is elected to office must report all Any item not expressly identified in this paragraph as
loans, exceeding $500 in value, made to him or her and nonallocable is a contribution in an amount equal to the
used for campaign purposes, and made in the 12 fair market value of the item and must be counted as
months preceding his or her election to office, to the fil- allocable toward the contribution limits of paragraph (a)
ing officer. The report must be made, in the manner or this paragraph. Nonallocable, in-kind contributions
prescribed by the Department of State, within 10 days must be reported by the candidate under s. 106.07 and
after being elected to office. by the political party under s. 106.29.
(2) Any person who makes a contribution to an indi- (3)(a) Any contribution received by a candidate
vidual to pay all or part of a loan incurred, in the 12 with opposition in an election or by the campaign treas-
months preceding the election, to be used for the indi- urer or a deputy campaign treasurer of such a candi-
vidual's campaign, may not contribute more than the date on the day of that election or less than 5 days prior
amount which is allowed in s. 106.08(1). to the day of that election must be returned by him or
History.-s. 11, ch. 89-256; s. 32, ch. 90-315; s. ,z, gyn. s,-,o7; S. sat, cn. her to the person or committee contributing it and may
s5-ta7. not be used or expended by or on behalf of the candi-
106.08 Contributions; limitations on.- date.
(1)(a) Except for political parties, no person, politi- (b) Except as otherwise provided in paragraph (c),
cal committee, or committee of continuous existence any contribution received by a candidate or by the cam-
may, in any election, make contributions in excess of Paign treasurer or a deputy campaign treasurer of a
$500 to any candidate for election to or retention in candidate after the date at which the candidate with-
office or to any political committee supporting or oppos- draws his or her candidacy, or after the date the candl-
ing one or more candidates. Candidates for the offices date is defeated, becomes unopposed, or is elected to
of Governor and Lieutenant Governor on the same office must be returned to the person or committee con-
ticketare considered a single candidate for the purpose tributing it and may not be used or expended by or on
of this section. behalf of the candidate.
(b)1. The contribution limits provided in this sub- (c) With respect to any campaign for an office in
section do not apply to contributions made by a state or which an independent or minor party candidate has
county executive committee of a political party regu- filed as required in s. 99.0955 or s. 99.096, but whose
lated by chapter 103 or to amounts contributed by a qualification is pending a determination by the Depart-
candidate to his or her own campaign. ment of State or supervisor of elections as to whether
2. Notwithstanding the limits provided in this sub- or not the required number of petition signatures was
section, an unemancipated child under the age of 18 obtained:
years of age may not make a contribution in excess of 1. The department or supervisor shall, no later
$100 to any candidate or to any political committee than 3 days after that determination has been made,
supporting one or more candidates. notify in writing all other candidates for that office of that
(c) The contribution limits of this subsection apply determination.
to each election. For purposes of this subsection, the 2• Any contribution received by a candidate or the
primary election and general election are separate campaign treasurer or deputy campaign treasurer of a
elections so long as the candidate is not an unopposed candidate after the candidate has been notified in writ-
candidate as defined in s. 106.011(15). However, for ing by the department or supervisor that he or she has
the purpose of contribution limits with respect to candi- become unopposed as a result of an independent or
dates for retention as a justice or judge, there is only minor party candidate failing to obtain the required
one election, which is the general election. number of petition signatures shall be returned to the
(2)(a) A candidate may not accept contributions person, political committee, or committee of continuous
from national, state, including any subordinate commit- existence contributing it and shall not be used or
tee of a national, state, or county committee of a politi- expended by or on behalf of the candidate.
cal party, and county executive committees of a politi- (4)(a) Any contribution received by the chair, cam-
cal party, which contributions in the aggregate exceed paign treasurer, or deputy campaign treasurer of a
$50,000, no more than $25,000 of which may be political committee supporting or opposing a candidate
accepted prior to the 28-day period immediately pre- with opposition in an election or supporting or opposing
ceding the date of the general election. an issue on the ballot in an election on the day of that
(b) A candidate for statewide office may not accept election or less than 5 days prior to the day of that elec-
contributions from national, state, or county executive tion may not be obligated or expended by the commit-
committees of a political party, including any subordi- tee until after the date of the election.
108
F.S. 2008 CAMPAIGN FINANCING Ch. 106
(b) Any contribution received by an electioneering b. A person making an in-kind contribution to a
communications organization on the day of an election state political party or county political party must pro-
or less than 5 days prior to the day of that election may vide prior written notice of the contribution to a person
not be obligated or expended by the organization until described in sub-subparagraph a. The prior written
after the date of the election and may not be expended notice must be signed and dated and may be provided
to pay for any obligation arising prior to the election. by an electronic or facsimile message. However, prior
(5)(a) A person may not make any contribution written notice is not required for an in-kind contribution
through or in the name of another, directly or indirectly, that consists of food and beverage in an aggregate
in any election. amount not exceeding $1,500 which is consumed at a
(b) Candidates, political committees, and political single sitting or event if such in-kind contribution is
parties may not solicit contributions from any religious, accepted in advance by a person specified in sub-
charitable, civic, or other causes or organizations subparagraph a.
established primarily for the public good. c. A person described in sub-subparagraph a.
(c) Candidates, political committees, and political may accept an in-kind contribution requiring prior writ-
parties may not make contributions, in exchange for ten notice only in a writing that is signed and dated
political support, to any religious, charitable, civic, or before the in-kind contribution is made. Failure to
other cause or organization established primarily for obtain the required written acceptance of an in-kind
the public good. It is not a violation of this paragraph for: contribution to a state or county political party consti-
1. A candidate, political committee, or political tutes a refusal of the contribution.
party executive committee to make gifts of money in d. A copy of each prior written acceptance
lieu of flowers in memory of a deceased person; required under sub-subparagraph c. must be filed with
2. A candidate to continue membership in, or the division at the time the regular reports of contribu-
make regular donations from personal or business tions and expenditures required under s. 106.29 are
funds to, religious, political party, civic, or charitable filed by the state executive committee and county exec-
groups of which the candidate is a member or to which utive committee.
the candidate has been a regular donor for more than e. An in-kind contribution may not be given to a
6 months; or
3. A candidate to purchase, with campaign funds, state or county political party unless the in-kind contri-
tickets, admission to events, or advertisements from bution is made as provided in this subparagraph.
religious, civic, political party, or charitable groups. (7)(a) Any person who knowingly and willfully
(d) An electioneering communications organization makes or accepts no more than one contribution in vio-
may not accept a contribution from an organization lation of subsection (1) or subsection (5), or any person
exempt from taxation under s. 527 or s. 501(c)(4) of the who knowingly and willfully fails or refuses to return any
Internal Revenue Code, other than a political commit- contribution as required in subsection (3), commits a
tee, committee of continuous existence, or political misdemeanor of the first degree, punishable as pro-
party, unless the contributing organization has regis- vided in s. 775.082 or s. 775.083. If any corporation,
tered as if the organization were an electioneering com- Partnership, or other business entity or any political
munications organization pursuant to s. 106.03 and party, political committee, committee of continuous
has filed all campaign finance reports required of elec- existence, or electioneering communications organiza-
tioneering communications organizations pursuant to tion is convicted of knowingly and willfully violating any
ss. 106.07 and 106.0703. provision punishable under this paragraph, it shall be
(6)(a) Apolitical party may not accept any contribu- fined not less than $1,000 and not more than $10,000.
tion that has been specifically designated for the partial If it is a domestic entity, it may be ordered dissolved by
or exclusive use of a particular candidate. Any contribu- a court of competent jurisdiction; if it is a foreign or non-
tion so designated must be returned to the contributor resident business entity, its right to do business in this
and may not be used or expended by or on behalf of the state may be forfeited. Any officer, partner, agent, attor-
candidate. ney, or other representative of a corporation, partner-
(b)1. Apolitical party may not accept any in-kind ship, or other business entity, or of a political party,
contribution that fails to provide a direct benefit to the political committee, committee of continuous exist-
political party. A "direct benefit" includes, but is not lim- ence, electioneering communications organization, or
ited to, fundraising or furthering the objectives of the organization exempt from taxation under s. 527 or s.
political party. 501(c)(4) of the Internal Revenue Code, who aids,
2.a. An in-kind contribution to a state political party abets, advises, or participates in a violation of any pro-
may be accepted only by the chairperson of the state vision punishable under this paragraph commits a mis-
political party or by the chairperson's designee or des- demeanor of the first degree, punishable as provided in
ignees whose names are on file with the division in a s. 775.082 or s. 775.083.
form acceptable to the division prior to the date of the (b) Any person who knowingly and willfully makes
written notice required in sub-subparagraph b. An in- or accepts two or more contributions in violation of sub-
kind contribution to a county political party may be section (1) or subsection (5) commits a felony of the
accepted only by the chairperson of the county political third degree, punishable as provided in s. 775.082, s.
party or by the county chairperson's designee or desig- 775.083, ors. 775.084. If any corporation, partnership,
nees whose names are on file with the supervisor of or other business entity or any political party, political
elections of the respective county prior to the date of committee, committee of continuous existence, or elec-
the written notice required in sub-subparagraph b. tioneering communications organization is convicted of
109
Ch. 106 CAMPAIGN FINANCING F.S. 2008
knowingly and willfully violating any provision punish- Before me, an officer authorized to administer oaths,
able under this paragraph, it shall be fined not less than personally appeared (name) , to me well known, who,
$10,000 and not more than $50,000. If it is a domestic being sworn, says that he or she is the tit) of the
entity, it may be ordered dissolved by a court of compe- (name pt oa~i (state or specified counMl executive COmmlt-
tentjurisdiction; if it is a foreign or nonresident business tee; that the executive committee has not made, either
entity, its right to do business in this state may be for- directly or indirectly, an independent expenditure in
felted. Any officer, partner, agent, attorney, or other support of or opposition to a candidate or elected public
representative of a corporation, partnership, or other official in the prior 6 months; that the executive commit-
business entity, or of a political committee, committee tee will not make, either directly or indirectly, an
of continuous existence, political party, or electioneer- independent expenditure in support of or opposition to
ing communications organization, or organization a candidate or elected public official, through and
exempt from taxation under s. 527 or s. 501(c)(4) of the including the upcoming general election; and that the
Internal Revenue Code, who aids, abets, advises, or executive committee will not violate the contribution
participates in a violation of any provision punishable limits applicable to candidates under s. 106.08(2), Flor-
under this paragraph commits a felony of the third ida Statutes.
degree, punishable as provided in s. 775.082, S. - ISianature of committee officer)
775.083, or s. 775.084. rAddressl
(8) Except when otherwise provided in subsection Sworn to and subscribed before me this _ da of
(7), any person who knowingly and willfully violates any y
provision of this section shall, in addition to any other -' ar , at _ County, Florida.
(Signature and title of officer admini tering oath)
penalty prescribed by this chapter, pay to the state a
sum equal to twice the amount contributed in violation (b) Any executive committee found to have violated
of this chapter. Each campaign treasurer shall pay all the provisions of the oath or affirmation in this section
amounts contributed in violation of this section to the prior to receiving funds shall be ineligible to receive the
state for deposit in the General Revenue Fund. rebate for that general election year.
(9) This section does not apply to the transfer of (c) Any executive committee found to have violated
funds between a primary campaign depository and a the provisions of the oath or affirmation in this section
savings account or certificate of deposit or to any inter- after receiving funds shall be ineligible to receive the
est earned on such account or certificate. rebate from candidates qualifying for the following gen-
(10) Contributions to a political committee or com- era) election cycle.
mittee of continuous existence may be received by an (d) Any funds not distributed to the state or county
affiliated organization and transferred to the bank executive committee pursuant to this section shall be
account of the political committee or committee of con- deposited into the General Revenue Fund of the state.
tinuous existence via check written from the affiliated (2)(a) Any political committee or committee of con-
organization if such contributions are specifically identi- tinuous existence that accepts the use of public funds,
Pied as intended to be contributed to the political com- equipment, personnel, or other resources to collect
mittee or committee of continuous existence. All contri- dues from its members agrees not to make independ-
butions received in this manner shall be reported pur- ent expenditures in support of or opposition to a candi-
suant to s. 106.07 by the political committee orcommit- +date or elected public official. However, expenditures
tee of continuous existence as having been made by thaeebor mode cand datese purpose of jointly endorsing
the original contributor. b An olitical committee or committee of continu-
History.-s. 8, ch. 73-128; s. 6, ch. 74200; s. 1, ch. 77-174; s. 48, ch. 77-175; ( ) y P
s. 1, ch. 78-403; s. 9, ch. 79-365; s. 5, ch. 79-378; s. 7, ch. 85-226; s. 4, on. es-,3a; ous existence that violates this subsection is liable for
ch~95C14a
s?36ch. 97313 s 8, h. 99 3559sc27,~ch32002-17; sh39ch~ 2002- 97; a CIVII fine Of Up t0 $5,000 to be determined by the Flor-
s. ch. 2002-281; s. 68, cn. zoos-277; s. 46, ch. 2005-278; s. 25, ch. 2005-286; ida Elections Commission or the entire amount of the
5. ch. 2005-360; s. 9, ch. 2006-300; s. 44, cn. 2007-30. expenditures, whichever is greater.
History.-s. 5, ch. 97-13; s. 14, ch. 99-6.
106.087 Independent expenditures; contribution
limits; restrictions on political parties, political com- 106.09 Cash contributions and contribution by
mittees, and committees of continuous existence.- cashier's checks.-
(1)(a) As a condition of receiving a rebate of filing (1) A person may not make or accept a cash contri-
fees and party assessment funds pursuant to s. button or contribution by means of a cashier's check in
99.061(2), s. 99.092(1), s. 99.103, or s. 103.121(1)(b), excess of $50.
the chair or treasurer of a state or county executive (?)(a) Any person who makes or accepts a contri-
committee shall take and subscribe to an oath or affir- button in excess of $50 in violation of this section com-
mation in writing. During the qualifying period for state mits a misdemeanor of the first degree, punishable as
candidates and prior to distribution of such funds, a Provided in s. 775.082 or s. 775.083.
printed copy of the oath or affirmation shall be filed with (b) Any person who knowingly and willfully makes
the Secretary of State and shall be substantially in the or accepts a contribution in excess of $5,000 in viola-
following form: tion of this section commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s.
State of Florida 775.084.
CiOUnt Of History.-s. 9, ch. 73-128; s. 48, ch. 77-175; s. 2, ch. 2002-281; s. 45, ch.
y 2007-30.
110
F.S. 2008 CAMPAIGN FINANCING Ch. 108
106.11 Expenses of and expenditures by candi- (3) The campaign treasurer, deputy treasurer, or
dates and political committees.-Each candidate and authorized user who signs the check shall be responsi-
each political committee which designates a primary ble for the completeness and accuracy of the informa-
campaign depository pursuant to s. 106.021(1) shall tion on such check and for insuring that such expendi-
make expenditures from funds on deposit in such pri- ture is an authorized expenditure.
mary campaign depository only in the following man- (4) No candidate, campaign manager, treasurer,
Her, with the exception of expenditures made from deputy treasurer, or political committee or any officer or
petty cash funds provided by s. 106.12: agent thereof, or any person acting on behalf of any of
(1)(a) The campaign treasurer or deputy campaign the foregoing, shall authorize any expenses, nor shall
treasurer of a candidate or political committee shall any campaign treasurer or deputy treasurer sign a
make expenditures from funds on deposit in the pri- check drawn on the primary campaign account for any
mary campaign depository only by means of a bank purpose, unless there are sufficient funds on deposit in
check drawn upon the campaign account of the candi- the primary depository account of the candidate or
date or political committee. The campaign account political committee to pay the full amount of the author-
shall be separate from any personal or other account ized expense, to honor all other checks drawn on such
and shall be used only for the purpose of depositing account, which checks are outstanding, and to meet all
contributions and making expenditures for the candi- expenses previously authorized but not yet paid. How-
date or political committee. ever, an expense may be incurred for the purchase of
(b) The checks for such account shall contain, as a goods or services if there are sufficient funds on
minimum, the following information: deposit in the primary depository account to pay the full
1. The statement "Campaign Account of (name of amount of the incurred expense, to honor all checks
candidate or political committee) drawn on such account, which checks are outstanding,
2. The account number and the name of the bank. and to meet all other expenses previously authorized
3. The exact amount of the expenditure. but not yet paid, provided that payment for such goods
4. The signature of the campaign treasurer ordep- or services is made upon final delivery and acceptance
uty treasurer. of the goods or services; and an expenditure from petty
5. The exact purpose for which the expenditure is cash pursuant to the provisions of s. 106.12 may be
authorized. authorized, if there is a sufficient amount of money in
6. The name of the payee. the petty cash fund to pay for such expenditure. Pay-
(2)(a) For purposes of this section, debit cards are ment for credit card purchases shall be made pursuant
considered bank checks, if: to s. 106.125. Any expense incurred or authorized in
1. Debit cards are obtained from the same bank excess of such funds on deposit shall, in addition to
that has been designated as the candidate's or political
committee's primary campaign depository. other penalties provided by law, constitute a violation of
2. Debit cards are issued in the name of the treas- this chapter. As used in this subsection, the term "suffi-
urer, deputy treasurer, or authorized user and state cient funds on deposit in the primary depository
"Campaign Account of (name of candidate or ppiiticai commit- account of the candidate or political committee" means
that the funds at issue have been delivered for deposit
to the financial institution at which such account is
3. No more than three debit cards are requested maintained. The term shall not be construed to mean
and issued. that such funds are available for withdrawal in accord-
4. Before a debit card is used, a list of all persons ance with the deposit rules or the funds availability poli-
authorized to use the card is filed with the division.
5. All debit cards issued to a candidate's cam- Gies of such financial institution.
paign or a political committee expire no later than mid- (5) A candidate who withdraws his or her candi-
night of the last day of the month of the general elec- dacy, becomes an unopposed candidate, or is elimi-
tion. Hated as a candidate or elected to office may expend
6. The person using the debit card does not funds from the campaign account to:
receive cash as part of, or independent of, any transac- (a) Purchase "thank you" advertising for up to 75
tion for goods or services. days after he or she withdraws, becomes unopposed,
7. All receipts for debit card transactions contain: or is eliminated or elected.
a. The last four digits of the debit card number. (b) Pay for items which were obligated before he or
b. The exact amount of the expenditure. she withdrew, became unopposed, or was eliminated
c. The name of the payee. or elected.
d. The signature of the campaign treasurer, dep- (c) Pay for expenditures necessary to close down
uty treasurer, or authorized user. the campaign office and to prepare final campaign
e. The exact purpose for which the expenditure is reports.
authorized. (d) Dispose of surplus funds as provided in s.
106.141.
Any information required by this subparagraph but not History.-s. pn. 73-,2s; s. 8, ch. 74-200; s. ae, ch. 77-175; s. 2, ch. 78-403;
included on the debit card transaction recei t ma be s. ,o, ch. 79-365; s. 8, ch. 85-226; s. 13, ch. 89-256; s. 14, ch. 91-107; s. 643, cn.
p y 95-147; s. 25, ch. 2002-17; s. 4, Ch. 2002-197.
handwritten on, or attached to, the receipt by the
authorized user before submission to the treasurer. 106.12 Petty cash funds allowed.-
(b) Debit cards are not subject to the requirements (1) Each campaign treasurer designated pursuant
of paragraph (1)(b). to s. 106.021(1) for a candidate or political committee
111
Ch. 106 CAMPAIGN FINANCING F.S. 2008
is authorized to withdraw from the primary campaign depository account for travel-related expenses. The
account, until the close of the last day for qualifying for treasurer shall require an accounting of actual
office, the amount of $500 per calendar quarter report- expenses and reconcile any overpayment or
ing period for the purpose of providing a petty cash fund underpayment to the original payee.
for the candidate or political committee. H~etory.-S. ~ ch. 79-365; s. 2, ch. 86-134.
(2) Following the close of the last day for qualifying
and until the last election in a given election period in 106.14 Utilities; deposits; prior authorization.-
which the political committee participates, the cam- (1) Utility companies providing utilities services to a
paign treasurer of each political committee is author- candidate or political committee shall charge a deposit
ized to withdraw the following amount each week from sufficient to meet all anticipated charges during a billing
the primary depository campaign account for the pur- period.
pose of providing a petty cash fund for the political com- (2) Authorization and payment for utilities used dur-
mittee, and, following the close of the last day for quali- ing the billing period must be made by the candidate or
fying and until the election at which such candidate is political committee when the bill is received from a util-
eliminated or elected to office, or the time at which the ity company.
candidate becomes unopposed, the campaign tress- "story.-s.,a, cn. 73-,2s; s. aa, cn. n-175; S. 5, cn. 7s-ao3; s. 5s, cn.7s-aoo;
urer of each candidate is authorized to withdraw the fol- s. z, ch. 85-63; s. 14, ch. 89-256.
lowing amount each week from the primary depository 106.1405 Use of campaign funds.-A candidate or
campaign account for the purpose of providing a petty the spouse of a candidate may not use funds on
cash fund for the candidate: deposit in a campaign account of such candidate to
(a) For all candidates for nomination or election on defray normal living expenses for the candidate or the
a statewide basis, $500 per week. candidate's family, other than expenses actually
(b) For all other candidates and all political commit- incurred for transportation, meals, and lodging by the
tees, $100 per week. candidate or a family member during travel in the
(3) The petty cash fund so provided shall be spent course of the campaign.
only in amounts less than $100 and only for office sup- History.-S. as, gyn. 77-,7s: s. 53, cn. s,-z5s; 5. saa, cn. s5-147; s. ,o, cn.
plies, transportation expenses, and other necessities. 97-13
Petty cash shall not be used for the purchase of time, 106.141 Disposition of surplus funds by candi-
space, or services from communications media as dates.-
defined in s. 106.011(13).
History.-s. 12, ch. 73-128; s. 48, ch. 77-175; s. s, on. a5-zzs; s. s, on. (1) Each candidate who withdraws his or her candi-
, zoo2-, s7. dacy, becomes an unopposed candidate, or is elimi-
106.125 Credit cards; conditions on use.-Any Hated as a candidate or elected to office shall, within 90
candidate for statewide office or any political committee days, dispose of the funds on deposit in his or her cam-
created to support or oppose any candidate for state- Paign account and file a report reflecting the disposition
wide office or to support or oppose any statewide issue of all remaining funds. Such candidate shall not accept
- may obtain, and use in making travel-related campaign any contributions, nor shall any person accept contribu-
expenditures, credit cards. The obtention and use of tions on behalf of such candidate, after the candidate
credit cards by any such candidate or political commit- withdraws his or her candidacy, becomes unopposed,
tee shall be subject to the following conditions: or is eliminated or elected. However, if a candidate
(1) Credit cards may be obtained only from the receives a refund check after all surplus funds have
same bank which has been designated as the candi- been disposed of, the check may be endorsed by the
date's or political committee's primary campaign candidate and the refund disposed of under this sec-
de osito tion. An amended report must be filed showing the
P ry' refund and subsequent disposition.
(2) Credit cards shall be in the name of the candi- (2) Any candidate required to dispose of funds pur-
date or political committee and shall reflect that the suant to this section may, prior to such disposition, be
account is a campaign account. reimbursed by the campaign, in full or in part, for any
(3) Before a credit card may be used, a copy of the reported contributions by the candidate to the cam-
agreement or contract between the candidate and the paign.
bank, or the political committee and the bank, and a list (3) The campaign treasurer of a candidate who
of all persons who have been authorized to use the withdraws his or her candidacy, becomes unopposed,
card shall be filed with the Secretary of State. or is eliminated as a candidate or elected to office and
(4) All credit cards issued to candidates or political who has funds on deposit in a separate interest-
committees shall expire no later than midnight of the bearing account or certificate of deposit shall, within 7
last day of the month of the general election. days after the date of becoming unopposed or the date
(5) Each statement rendered by the issuer of a of such withdrawal, elimination, or election, transfer
credit card shall be paid upon receipt. such funds and the accumulated interest earned
(6) Campaign travel-related expenditures shall thereon to the cam ai n account of the candidate for
include transportation, lodging, meals, and other P 9
expenses incurred in connection with traveling for cam- disposal under this section. However, if the funds are in
paign purposes. an account in which penalties will apply for withdrawal
within the 7-day period, the campaign treasurer shall
This section shall not be deemed to preclude the use of transfer such funds and the accumulated interest
advance payments by a check drawn on the primary earned thereon as soon as the funds can be withdrawn
112
F.S. 2008 CAMPAIGN FINANCING Ch. 106
without penalty, or within 90 days after the candidate account. Any funds so transferred by a candidate shall
becomes unopposed, withdraws his or her candidacy, be used only for legitimate expenses in connection with
or is eliminated or elected, whichever comes first. the candidate's public office. Such expenses may
(4)(a) Except as provided in paragraph (b), any include travel expenses incurred by the officer or a staff
candidate required to dispose of funds pursuant to this member, personal taxes payable on office account
section shall, at the option of the candidate, dispose of funds by the candidate or elected public official, or
such funds by any of the following means, or any com- expenses incurred in the operation of his or her office,
bination thereof: including the employment of additional staff. The funds
1. Return pro rata to each contributor the funds may be deposited in a savings account; however, all
that have not been spent or obligated. deposits, withdrawals, and interest earned thereon
2. Donate the funds that have not been spent or shall be reported at the appropriate reporting period. If
obligated to a charitable organization or organizations a candidate is reelected to office or elected to another
that meet the qualifications of s. 501(c)(3) of the Inter- office and has funds remaining in his or her office
nal Revenue Code. account, he or she may transfer surplus campaign
3. Give not more than $10,000 of the funds that funds to the office account. At no time may the funds in
have not been spent or obligated to the political party of the office account exceed the limitation imposed by this
which such candidate is a member, except that acandi- subsection. Upon leaving public office, any person who
date for the Florida Senate may give not more than has funds in an office account pursuant to this subsec-
$30,000 of such funds to the political party of which the tion remaining on deposft shall give such funds to a
candidate is a member. charitable organization or organizations which meet the
4. Give the funds that have not been spent or obli- requirements of s. 501(c)(3) of the Internal Revenue
gated: Code or, in the case of a state officer, to the state to be
a. In the case of a candidate for state office, to the deposited in the General Revenue Fund or, in the case
state, to be deposited in either the Election Campaign of an officer of a political subdivision, to the political
Financing Trust Fund or the General Revenue Fund, as subdivision to be deposited in the general fund thereof.
designated by the candidate; or (6) Prior to disposing of funds pursuant to subsec-
b. In the case of a candidate for an office of a politi- tion (4) or transferring funds into an office account pur-
cal subdivision, to such political subdivision, to be suant to subsection (5), any candidate who filed an
deposited in the general fund thereof. oath stating that he or she was unable to pay the elec-
(b) Any candidate required to dispose of funds pur- tion assessment or fee for verification of petition signa-
suant to this section who has received contributions tures without imposing an undue burden on his or her
from the Election Campaign Financing Trust Fund personal resources or on resources otherwise avail-
shall return all surplus campaign funds to the'Election able to him or her, or who filed both such oaths, or who
Campaign Financing Trust Fund. qualified by the petition process and was not required
(5) A candidate elected to office or a candidate who to pay an election assessment, shall reimburse the
will be elected to office by virtue of his or her being state or local governmental entity, whichever is applica-
unopposed may, in addition to the disposition methods ble, for such waived assessment or fee or both. Such
provided in subsection (4), transfer from the campaign reimbursement shall be made first for the cost of peti-
account to an office account any amount of the funds tion verification and then, if funds are remaining, for the
on deposit in such campaign account up to: amount of the election assessment. If there are insuffi-
(a) Twenty thousand dollars, for a candidate for cient funds in the account to pay the full amount of
statewide office. The Governor and Lieutenant Gover- either the assessment or the fee or both, the remaining
nor shall be considered separate candidates for the funds shall be disbursed in the above manner until no
purpose of this section. funds remain. All funds disbursed pursuant to this sub-
(b) Five thousand dollars, for a candidate for section shall be remitted to the qualifying officer. Any
multicounty office. reimbursement for petition verification costs which are
(c) Five thousand dollars multiplied by the number reimbursable by the state shall be forwarded by the
of years in the term of office for which elected, for acan- qualifying officer to the state for deposit in the General
didate for legislative office. Revenue Fund. All reimbursements for the amount of
(d) Two thousand five hundred dollars multiplied by the election assessment shall be forwarded by the
the number of years in the term of office for which qualifying officer to the Department of State for deposit
elected, for a candidate for county office or for a candi- in the General Revenue Fund.
date in any election conducted on less than a
countywide basis. (7)(a) Any candidate required to dispose of cam-
(e) Six thousand dollars, for a candidate for reten- paign funds pursuant to this section shall do so within
tion as a justice of the Supreme Court. the time required by this section and shall, on or before
(f) Three thousand dollars, for a candidate for the date by which such disposition is to have been
retention as a judge of a district court of appeal. made, file with the officer with whom reports are
(g) One thousand five hundred dollars, for acandi- required to be filed pursuant to s. 106.07 a form pre-
date for county court judge or circuit judge. scribed by the Division of Elections listing:
1. The name and address of each person or unit of
The office account established pursuant to this subsec- government to whom any of the funds were distributed
tion shall be separate from any personal or other and the amounts thereof;
113
Ch. 106 CAMPAIGN FINANCING F.S. 2008
2. The name and address of each person to whom 2. State the name and address of the persons
an expenditure was made, together with the amount sponsoring the advertisement.
thereof and purpose therefor; and 3.a.(I) State whether the advertisement and the
3. The amount of such funds transferred to an cost of production is paid for or provided in kind by or at
office account by the candidate, together with the name the expense of the entity publishing, displaying, broad-
and address of the bank in which the office account is casting, or circulating the political advertisement; or
located. (II) State who provided or paid for the advertise-
Such report shall be signed by the candidate and the ment and cost of production, if different from the source
campaign treasurer and certified as true and correct of sponsorship.
pursuant to s. 106.07. b. This subparagraph does not apply if the source
(b) The filing officer shall notify each candidate at of the sponsorship is patently clear from the content or
least 14 days before the date the report is due. format of the political advertisement.
(c) Any candidate failing to file a report on the des- (c) Any political advertisement made pursuant to s.
ignated due date shall be subject to a fine as provided 106.021(3)(d) must be marked "paid political advertise-
in s. 106.07 for submitting late termination reports. ment" or with the abbreviation "pd. poi. adv." and must
(8) Any candidate elected to office who transfers Prominently state, "Paid for and sponsored by (name of
surplus campaign funds into an office account pursuant person oayino foroolitical advertiseme~~t . ApprOVed by (names Qfper-
t0 SUbS2CtlOn (5) Shall file a report On the 1 Oth day f01- sons. oarty affiliation. and offices sought in th oolitic I adverti menu
lowing the end of each calendar quarter until the This subsection does not apply to campaign messages
account is closed. Such reports shall contain the name used by a candidate and the candidate's supporters if
and address of each person to whom any disburse- those messages are designed to be worn by a person.
ment of funds was made, together with the amount (2) Any political advertisement of a candidate run-
thereof and the purpose therefor, and the name and Wing for partisan office shall express the name of the
address of any person from whom the elected candi- political party of which the candidate is seeking nomi-
date received any refund or reimbursement and the nation or is the nominee. If the candidate for partisan
amount thereof. Such reports shall be on forms pre- office is running as a candidate with no party affiliation,
scribed by the Division of Elections, signed by the any political advertisement of the candidate must state
elected candidate, certified as true and correct, and that the candidate has no party affiliation.
filed with the officer with whom campaign reports were (3) It is unlawful for any candidate or person on
filed pursuant to s. 106.07(2). behalf of a candidate to represent that any person or
(9) Any candidate, or any person on behalf of a organization supports such candidate, unless the per-
candidate, who accepts contributions after such candi- son or organization so represented has given specific
date has withdrawn his or her candidacy, after the can- approval in writing to the candidate to make such repre-
didate has become an unopposed candidate, or after sentation. However, this subsection does not apply to:
the candidate has been eliminated as a candidate or (a) Editorial endorsement by any newspaper, radio
elected to office commits a misdemeanor of the first or television station, or other recognized news medium.
degree, punishable as provided in s. 775.082 or s. (b) Publication by a party committee advocating the
775.083. candidacy of its nominees.
(10) Any candidate who is required by the provisions (4)(a) Any political advertisement, including those
of this section to dispose of funds in his or her cam- paid for by a political party, other than an independent
paign account and who fails to dispose of the funds in expenditure, offered by or on behalf of a candidate
the manner provided in this section commits a misde- must be approved in advance by the candidate. Such
meanor of the first degree, punishable as provided in s. political advertisement must expressly state that the
775.082 or s. 775.083. content of the advertisement was approved by the can-
Htstory.-s. So, ch. 77-175; s. 6, ch. 79-378; 5. so, cn. 7s-aoo; s. z, cn. ao-zsz; didate and must state who paid for the advertisement.
s. 5a, cn. s1-zss; s. 2e, cn. s1-3oa; s. cn. az-aoa; s. 3a, cn. 64-3oz; s. to, cn. The candidate shall rovide a written statement of
85-226; s. 2, ch. 86-7; s. 2, ch. 86-276; s. 11, ch. 87-363; s. 15, ch. 89-256; s. 34, P
ch. 90-315; s. 15, ch. 91-107; s. 645, ch. 95-147; ss. 15, 16, 53, ch. 97-13; s. 6, cn. authorization to the newspaper, radio station, television
2002-, 97; s. 20, ch. 2004452; s. 70, ch. 2005-277. station, or other medium for each such advertisement
Note.-The trust fund expired, effective November 4, 1996, by operation of s.
1s~f~, art. III of the state constitution. submitted for publication, display, broadcast, or other
distribution.
106.143 Political advertisements circulated prior (b) Any person who makes an independent
to election; requirements.- expenditure for a political advertisement shall provide a
(1)(a) Any political advertisement that is paid for by written statement that no candidate has approved the
a candidate and that is published, displayed, or circu- advertisement to the newspaper, radio station, televi-
lated prior to, or on the day of, any election must promi- sion station, or other medium for each such advertise-
nently state: "Political advertisement paid for and ment submitted for publication, display, broadcast, or
approved by (name of candidate) (oartv affiliation) ,for offi other distribution. The advertisement must also contain
5p n a statement that no candidate has approved the adver-
(b) Any other political advertisement published, tisement.
displayed, or circulated prior to, or on the day of, any (c) This subsection does not apply to campaign
election must prominently: messages used by a candidate and his or her support-
1. Be marked "paid political advertisement" or with ers if those messages are designed to be worn by a
the abbreviation "pd. poi. adv." person.
114
F.S. 2008 CAMPAIGN FINANCING Ch. 106
(5) No political advertisement of a candidate who is independent expenditure, or electioneering communi-
not an incumbent of the office for which the candidate cation, on billboards, bumper stickers, radio, or televi-
is running shall use the word "re-elect." Additionally, sion, or in a newspaper, a magazine, or a periodical,
such advertisement must include the word "for" intended to influence public policy or the vote of a pub-
between the candidate's name and the office for which lic official, shall clearly designate the sponsor of such
the candidate is running, in order that incumbency is advertisement by including a clearly readable state-
not implied. This subsection does not apply to bumper ment of sponsorship. If the advertisement is broadcast
stickers or items designed to be worn by a person. on television, the advertisement shall also contain a
(6) This section does not apply to novelty items verbal statement of sponsorship. This section shall not
having a retail value of $10 or less which support, but apply to an editorial endorsement.
do not oppose, a candidate or issue. Hlstcry.-s. 3s, ch. 90-315; s. 8, ch. 2004-252.
(7) Any political advertisement which is published, 106.1439 Electioneering communications; dis-
displayed, or produced in a language other than Eng- claimers.-
lish may provide the information required by this sec- (1) Any electioneering communication shall promi-
tion in the language used in the advertisement. nently state: "Paid electioneering communication paid
(13) Any person who willfully violates any provision
of this section is subject to the civil penalties prescribed for by (Name and address of person oavina for the communicafionl
in s. 106.265. (2) Any person who fails to include the disclaimer
History.--s. 8, ch. 26870, 1951; s. 1, ch. 61-145; s. 21, ch. s5-37s; s. 57, on. prescribed in this section in any electioneering commu-
71-136; s. 30, ch. 73-,za; s. s2, ch. 77-175; s. 30, cn. s,-3oa; s. 1s, cn. a9-z5s; nication that is required to contain such disclaimertom-
s. 35, ch. 90-315; s. 16, ch. 91-, 07; s. 646, ch. 95-147; s. 17, ch. 97-13; s. ,s, gyn. mits a misdemeanor of the first de ree, unishable as
99.318; s. 5, ch. 2004-252; s. 46, ch. 2007-30. g P
Note.-Former 5.104.37. provided In S. 775.082 Or S. 775.083.
History.-s. 7, ch. 2004252.
106.1435 Usage and removal of political campaign
advertisements.- 106.147 Telephone solicitation; disclosure
(1) Each candidate, whether for a federal, state, requirements; prohibitions; exemptions; penalties.-
county, or district office, shall make a good faith effort (1)(a) Any electioneering communication tele-
to remove all of his or her political campaign advertise- phone call or any telephone call supporting or opposing
ments within 30 days after: a candidate, elected public official, or ballot proposal
(a) Withdrawal of his or her candidacy; must identify the persons or organizations sponsoring
(b) Having been eliminated as a candidate; or the call by stating either: "paid for by -° (insert name
(c) Being elected to office. of persons or organizations sponsoring the call) or
"paid for on behalf of -" (insert name of persons or
However, a candidate is not expected to remove those organizations authorizing call). This paragraph does
political campaign advertisements which are in the not apply to any telephone call in which both the individ-
form of signs used by an outdoor advertising business ual making the call is not being paid and the individuals
as provided in chapter 479. The provisions herein do participating in the call know each other prior to the call.
not apply to political campaign advertisements placed (b) Any telephone call conducted for the purpose of
on motor vehicles or to campaign messages designed polling respondents concerning a candidate or elected
to be worn by persons. public official which is a part of a series of like telephone
(2) If political campaign advertisements are not calls that consists of fewer than 1,000 completed calls
removed within the specified period, the political subdi- and averages more than 2 minutes in duration is pre-
vision or governmental entity has the authority to sumed to be a political poll and not subject to the provi-
remove such advertisements and may charge the can- sions of paragraph (a).
didate the actual cost for such removal. Funds col- (c) No telephone call shall state or imply that the
)acted for removing such advertisements shall be caller represents any person or organization unless the
deposited to the general revenue of the political subdi- person or organization so represented has given spe-
vision. cific approval in writing to make such representation.
(3) Pursuant to chapter 479, no political campaign (d) No telephone call shall state or imply that the
advertisements shall be erected, posted, painted, caller represents a nonexistent person or organization.
tacked, nailed, or otherwise displayed, placed, or (e) Any electioneering communication paid for with
located on or above any state or county road right-of- public funds must include a disclaimer containing the
way. words "paid for by (Name of the aovemment entity oavina for the
(4) The officer before whom a candidate qualifies communication)
for office shall notify the candidate, in writing, of the pro- (2) Any telephone call, not conducted by independ-
visions in this section. ant expenditure, which expressly advocates for or
(5) This provision does not preclude municipalities against a candidate or ballot proposal requires prior
from imposing additional or more stringent require- written authorization by the candidate or sponsor of the
ments on the usage and removal of political campaign ballot proposal that the call supports. A copy of such
advertisements. written authorization must be placed on file with the
History.-s. 1, cn. sa-zz1; s. 20, ch. 84-302; s. 14, ch. 87-224; 5. sal, on. uali In officer b the candidate or s onsor of the bal-
s5-1a7. q fY~ 9 Y P
lot proposal prior to the time the calls commence.
106.1437 Miscellaneous advertisements.-Any (3)(a) Any person who willfully violates any provi-
advertisement, other than a political advertisement, sion of this section commits a misdemeanor of the first
115
Ch. 106 CAMPAIGN FINANCING F.S. 2008
degree, punishable as provided in s. 775.082 or s. purpose of furthering his or her candidacy. However, in
775.083. the event a candidate uses any state-owned aircraft or
(b) For purposes of paragraph (a), the term "per- motor vehicle to conduct official state business and
son" includes any candidate; any officer of any political while on such trip performs any function in the further-
committee, committee of continuous existence, or polit- ance of his or her candidacy for nomination or election
ical party executive committee; any officer, partner, to public office in any election, the candidate shall pro-
attorney, or other representative of a corporation, part- rate the expenses incurred and reimburse the appropri-
nership, or other business entity; and any agent or ate agency for any trip not exclusively for state busi-
otherperson acting on behalf of any candidate, political Hess and shall pay either a prorated share of all fixed
committee, committee of continuous existence, politi- and variable expenses related to the ownership, opera-
cal party executive committee, or corporation, partner- lion, and use of such aircraft or one-half of the total
ship, or other business entity. fixed and variable expenses related to the ownership,
History.-s. 18, ch. 97-13; s. 3,, ch. Zoos-ss. operation, and use of such aircraft, whichever is
106.1475 Telephone solicitation; registered agent greater. The reimbursement shall be made from the
requirements; penalty.- campaign account of the candidate.
(1) Any person or organization that conducts any (3) A candidate may not, in the furtherance of his or
business in this state which consists of making paid her candidacy for nomination or election to public office
telephone calls supporting or opposing any candidate in any election, use the services of any state, county,
or elected public official must, prior to conducting such municipal, or district officer or employee during working
business, have and continuously maintain, for at least hours.
180 days following the cessation of such business (4) No person shall make and no person shall
activities in the state, a registered agent for the purpose solicit or knowingly accept any political contribution in
of any service of process, notice, or demand required a building owned by a governmental entity. For pur-
or authorized by law and must file with the division a Poses of this subsection, "accept' means to receive a
notice of such registered agent. Such registered agent contribution by personal hand delivery from a contribu-
must be an individual who is a resident of this state, a for or the contributor's agent. This subsection shall not
domestic corporation, or a foreign corporation author- apply when agovernment-owned building or any por-
ized to do business in this state. However, this subsec- lion thereof is rented for the specific purpose of holding
lion does not apply to any person or organization a campaign fund raiser.
already lawfully registered to conduct business in this (5) Any person violating the provisions of this sec-
state. lion commits a misdemeanor of the first degree, pun-
(2) For purposes of this section, conducting busi- fishable as provided in s. 775.082 or s. 775.083.
History.-s. 15, ch. 73-128; s. 9, ch. 74-200; s. 1, ch. 77-174; s. 54, ch. 77-175;
Hess in this state as specified in subsection (1) includes s. 61, ch. 79-400; s. 31, ch. 61-304; s. 28, ch. 83-217; s. 2, ch. 83-304; s. 16, ch.
both placing telephone calls from a location in this state 91-45; s. 17, ch. 91-107; s. 648, ch. 95-147; s. 2, ch. 97-223; s. 7, ch. 2002-197.
and placing telephone calls from a location outside this 106.16 Limitation on certain rates and charges.-
state to individuals located in this state. No person or corporation within the state publishing a
(3)(a) The division shall create and maintain forms newspaper or other periodical or operating a radio or
for the notice required by subsection (1), which, at a television station or network of stations in Florida shall
minimum, must elicit all of the following information: charge one candidate for state or county public office
1. The name, address, and telephone number of for political advertising in a county, or for political broad-
the registered agent. casts in a county, at a rate in excess of that charged
2. The name, address, and telephone number of another political candidate.
the person or organization conducting business in this History.-s. 16, ch. 73-128; s. 55, ch. 77-175; s. 18, ch. 89-256.
state as specified in subsection (1
(b) The person or organization conducting busi- 106.161 Air time available at the lowest unit rate.-
ness in this state as specified in subsection (1) must To the extent permitted by federal law, all broadcast
immediately notify the division of any changes in the radio and television stations and all cable television sta-
information required in paragraph (a). lions shall make air time available to candidates for
(4) Any person or organization that violates this public office at the lowest unit rate.
section commits a misdemeanor of the first degree, History.-s. 35, cn. s,-,o7.
punishable as provided in s. 775.082 or s. 775.083.
History.-s. 19, ch. 97-13. 106.165 Use of closed captioning and descriptive
narrative in all television broadcasts.-Each candi-
106.15 Certain acts prohibited.- date, political party, and political committee must use
(1) No person shall pay money or give anything of closed captioning and descriptive narrative in all televi-
value for the privilege of speaking at a political meeting sion broadcasts regulated by the Federal Communica-
inthe furtherance of his or her candidacy, nor shall any- lions Commission that are on behalf of, or sponsored
one speaking for such a person pay money or give any- by, a candidate, political party, or political committee or
thing of value for such privilege. must file a written statement with the qualifying officer
(2) No candidate, in the furtherance of his or her setting forth the reasons for not doing so. Failure to file
candidacy for nomination or election to public office in this statement with the appropriate qualifying officer
any election, shall use any state-owned aircraft or constitutes a violation of the Florida Election Code and
motor vehicle, as provided in chapter 287, solely for the is under the jurisdiction of the Florida Elections Com-
116
F.S. 2008 CAMPAIGN FINANCING Ch. 106
mission. The Department of State may adopt rules in other person who violates paragraph (1)(a), paragraph
accordance with s. 120.54 which are necessary to (1)(b), or paragraph (1)(d) shall be subject to a civil
administer this section. penalty equal to three times the amount involved in the
History.-s. 7, °n. 2002-26,; 5.71, ch. Zoos-2n. illegal act. Such penalty may be in addition to the penal-
"°te'-F°""e` 5. x6'122' ties provided by subsection (1) and shall be paid into
106.17 Polls and surveys relating to candidacies. the General Revenue Fund of this state.
Any candidate, political committee, committee of con- (3) Apolitical committee sponsoring a constitu-
tinuous existence, electioneering communication orga- tional amendment proposed by initiative which submits
nization, or state or county executive committee of a a petition form gathered by a paid petition circulator
political party may authorize or conduct a political poll, which does not provide the name and address of the
survey, index, or measurement of any kind relating to Paid petition circulator on the form is subject to the civil
candidacy for public office so long as the candidate, pH staolry~.ptseSci,C.ri~2e;is s ,1°06 265.5. s2, 7s-4oo; 5. ,2, cn.
political committee, committee of continuous exist- s,-1o7; s. 649, ch. 95-147; x5.24, 45, ch. 97-, 3; s. 6, ch. 2002-, 97; s. ch.
ence, electioneering communication organization, or zoos-3oo.
political party maintains complete jurisdiction over the 106.191 Signatures gathered for initiative petition;
poll in all its aspects. effect of ch. 97-13.-An si nature athered on an
History.-x.17, ch.73-128; s.1, ch.77-174; s. 56, ch. 77-175; s. 32, ch. 81-304; y 9 9
5. a7, °h. 2007-30. authorized form for an initiative petition by a paid peti-
tion circulator which has been submitted prior to the
106.18 When a candidate's name to be omitted effective date of this act may be kept and counted, if
from ballot.- otherwise valid, and that form is not required to have
(1) The name of a candidate shall not be printed on the name and address of the paid petition circulator,
the ballot for an election if the candidate is convicted of nor is any such signature affected by the prohibition
violating s. 106.19. against filing an undue burden oath in lieu of paying the
(2) Any candidate whose name is removed from fee to have signatures verified, as provided by this act.
the ballot pursuant to subsection (1) is disqualified as a However, any signature gathered on or after the effec-
candidate for office. If the disqualification of such candi- true date of this act is subject to the provisions of this act
date results in a vacancy in nomination, such vacancy and, if payment is made to any person to solicit signa-
shall be filled by a person other than such candidate in tures after the effective date of this act, an undue bur-
the manner provided by law. den oath may not be filed in lieu of paying the fee to
(3) No certificate of election shall be granted to any have signatures verified. In addition, any initiative peti-
candidate until all preelection reports required by s. tion form approved by the Secretary of State prior to the
106.07 have been filed in accordance with the provi- effective date of this act may continue to be circulated.
sions of such section. However, no candidate shall be History.-5.25, ch. s7-13.
prevented from receiving a certificate of election for fail- 106.21 Centificates of election not to be issued
ure to file any copy of a report required by this chapter.
History.-s. 18, ch. 73-128; s. 57, ch. 77-175; s. 11, di. 85-226; s. 37, ch. upon conviction.-
so-3,5; 5.3, cn. so-336. (1) If a successful candidate is convicted of violat-
ing s. 106.19(1) prior to the issuance of his or her certifi-
106.19 Violations by candidates, persons con- cate of election, such certificate shall not be issued,
nected with campaigns, and political committees.- and a vacancy shall be declared and filled as provided
(1) Any candidate; campaign manager, campaign by law.
treasurer, or deputy treasurer of any candidate; com- (2) If a successful candidate is convicted of violat-
mittee chair, vice chair, campaign treasurer, deputy ing s. 106.19(1) subsequent to the issuance of a certifi-
treasurer, or other officer of any political committee; cate of election but prior to taking office, such certificate
agent or person acting on behalf of any candidate or shall be rescinded by the issuing body and declared
political committee; or other person who knowingly and void, and a vacancy in office shall exist and be filled as
willfully: provided by law.
(a) Accepts a contribution in excess of the limits History.-s. 21, ch. 73-128; s. 57, ch. 77-175; s. sso, cn. ss-147.
prescribed by s. 106.08;
(b) Fails to report any contribution required to be 106.22 Duties of the Division of Elections.-It is
reported by this chapter; the duty of the Division of Elections to:
(c) Falsely reports or deliberately fails to include (1) Prescribe forms for statements and other infor-
any information required by this chapter; or matron required to be filed by this chapter. Such forms
(d) Makes or authorizes any expenditure in viola- shall be furnished by the Department of State or office
tion of s. 106.11(4) or any other expenditure prohibited of the supervisor of elections to persons required to file
by this chapter; such statements and information with such agency.
(2) Prepare and publish manuals or brochures set-
is guilty of a misdemeanor of the first degree, punish- ting forth recommended uniform methods of bookkeep-
able as provided in s. 775.082 or s. 775.083. ing and reporting, and including appropriate portions of
(2) Any candidate, campaign treasurer, or deputy the election code, for use by persons required by this
treasurer; any chair, vice chair, or other officer of any chapter to file statements.
political committee; any agent or person acting on (3) Develop a filing, coding, and cross-indexing
behalf of any candidate or political committee; or any system consonant with the purposes of this chapter.
117
Ch. 106 CAMPAIGN FINANCING F.S. 2008
(4) Preserve statements and other information Bence on the basis that such testimony or material will
required to be filed with the division pursuant to this tend to incriminate such witness shall not be deemed
chapter for a period of 10 years from date of receipt. refusal to comply with the provisions of this chapter.
(5) Prepare and publish such reports as it may (2) The Division of Elections shall provide advisory
deem appropriate. opinions when requested by any supervisor of elec-
(6) Make, from time to time, audits and field investi- tions, candidate, local officer having election-related
gations with respect to reports and statements filed duties, political party, political committee, committee of
under the provisions of this chapter and with respect to continuous existence, or other person or organization
alleged failures to file any report or statement required engaged in political activity, relating to any provisions
under the provisions of this chapter. The division shall or possible violations of Florida election laws with
conduct a postelection audit of the campaign accounts respect to actions such supervisor, candidate, local
of all candidates receiving contributions from the officer having election-related duties, political party,
tElection Campaign Financing Trust Fund. committee, person, or organization has taken or pro-
(7) Report to the Florida Elections Commission any poses to take. Requests for advisory opinions must be
failure to file a report or information required by this submitted in accordance with rules adopted by the
chapter or any apparent violation of this chapter. Department of State. A written record of all such opin-
(8) Employ such personnel or contract for such ser- ions issued by the division, sequentially numbered,
vices as are necessary to adequately carry out the dated, and indexed by subject matter, shall be retained.
intent of this chapter. A copy shall be sent to said person or organization
(9) Prescribe rules and regulations to carry out the upon request. Any such person or organization, acting
provisions of this chapter. Such rules shall be pre- in good faith upon such an advisory opinion, shall not
scribed pursuant to chapter 120. be subject to any criminal penalty provided for in this
(10) Conduct random audits with respect to reports chapter. The opinion, until amended or revoked, shall
and statements filed under this chapter and with be binding on any person or organization who sought
respect to alleged failure to file any reports and state- the opinion or with reference to whom the opinion was
ments required under this chapter. sought, unless material facts were omitted or misstated
s. 3! ch.
86-27s?scs, on'so~3387s. 46, ch?97S133sc7, ch.~2001 75CS.72?ch' in the request for the advisory opinion.
2005_P77. History.-s. 23, ch. 73-128; s. 3, ch. 76-233; s. 58, ch. 77-175; s. 651, ch.
'Note.-The trust fund expired, effective November 4, 1996, by operation of s. 95-147; s. 47, ch. 97-13; s. 8, ch. 2001-75.
19(f), Art. III of the State Constitution.
106.24 Florida Elections Commission; member-
106.23 Powers of the Division of Elections.- ship; powers; duties.-
(1) In order to carry out the responsibilities pre- (1)(a) There is created within the Department of
scribed by s. 106.22, the Division of Elections is Legal Affairs, Office of the Attorney General, a Florida
empowered to subpoena and bring before its duly Elections Commission, hereinafter referred to as the
authorized representatives any person in the state, or commission. The commission shall be a separate
any person doing business in the state, or any person budget entity and the agency head for all purposes.
who has filed or is required to have filed any applica- The commission shall not be subject to control, supervi-
tion, document, papers, or other information with an sion, or direction by the Department of Legal Affairs or
office or agency of this state or a political subdivision the Attorney General in the performance of its duties,
thereof and to require the production of any papers, including, but not limited to, personnel, purchasing
books, or other records relevant to any investigation, transactions involving real or personal property, and
including the records and accounts of any bank or trust budgetary matters.
company doing business in this state. Duly authorized (b) The commission shall be composed of nine
representatives of the division are empowered to members. The President of the Senate, the Speaker of
administer all oaths and affirmations in the manner pre- the House of Representatives, the minority leader of
scribed by law to witnesses who shall appear before the Senate, and the minority leader of the House of
them concerning any relevant matter. Should any wit- Representatives shall each provide a list of six Homi-
ness fail to respond to the lawful subpoena of the divi- nees to the Governor for initial appointment to the com-
sion or, having responded, fail to answer all lawful mission. The Governor may appoint two members to
inquiries or to turn over evidence that has been sub- the commission from each list. If the Governor refuses
poenaed, the division may file a complaint before any to appoint two members from any of the respective
circuit court of the state setting up such failure on the lists, the Governor shall so inform the nominating offi-
part of the witness. On the filing of such complaint, the cer and the nominating officer shall submit a new list of
court shall take jurisdiction of the witness and the sub- six nominees within 30 days. The new list must contain
ject matter of said complaint and shall direct the wit- at least three nominees not included on the prior Homi-
ness to respond to all lawful questions and to produce Hating list. The ninth commission member, who shall
all documentary evidence in the witness's possession serve as chair of the commission, shall be appointed by
which is lawfully demanded. The failure of any witness the Governor. Each member of the commission is sub-
. to comply with such order of the court shall constitute ject to confirmation by the Senate. The chair of the
a direct and criminal contempt of court, and the court commission shall serve for a maximum term of 4 years,
shall punish said witness accordingly. However, the such term to run concurrently with the term of the
refusal by a witness to answer inquiries or turn over evi- appointing Governor and until a future successor is
118
F.S. 2008 CAMPAIGN FINANCING Ch. 106
appointed. Other members of the commission shall The executive director shall serve at the pleasure of the
serve for 4-year terms and until their successors are commission and be subject to part III of chapter 110,
appointed. An individual who is a lobbyist at the state or except that the commission shall have complete
local government level may not serve as a member of authority for setting the executive director's salary.
the commission, except that this prohibition shall not Attorneys employed by the commission shall be sub-
apply to an individual who is a member of the commis- ject to part V of chapter 110.
sion on July 1, 2002, until the expiration of his or her (5) Hearings shall be held before the commission,
current term. A member of the commission is prohibited except that the chair may direct that any hearing be
from lobbying state or local government while he or she held before one member of the commission or a panel
is a member of the commission, except that this prohi- of less than the full commission. The commission shall
bition shall not apply to an individual who is a member adopt rules to provide for the filing of a report when
of the commission on July 1, 2002, until the expiration hearings are held by a single commissioner or a panel,
of his or her current term. which rules shall prescribe the time for filing the report
(c) As the terms of members expire, excluding the and the contents of the report.
chair, successors shall be appointed to 4-year terms (6) There is hereby established in the State Trea-
and shall serve until their successors are appointed. sury an Elections Commission Trust Fund to be utilized
Six months prior to the expiration of a commission by the Division of Elections and the Florida Elections
member's term, the ranking officer of the political party Commission in order to carry out their duties pursuant
in the respective house originally nominating the com- to ss. 106.24-106.28. The trust fund may also be used
mission member shall submit a list of three nominees to by the Secretary of State, pursuant to his or her author-
the Governor. The Governor may appoint one of the ity under s. 97.012(14), to provide rewards for informa-
listed nominees to the commission. If no nominee is lion leading to criminal convictions related to voter reg-
selected from the list, the Governor shall so inform the istration fraud, voter fraud, and vote scams.
nominating officer, who shall submit a list of three differ- (7) The commission shall develop a budget request
ent nominees to the Governor within 30 days. Vacan- pursuant to chapter 216 annually.. The budget is not
cies on the commission shall expeditiously be filled for subject to change by the Department of Legal Affairs or
the unexpired terms in the same manner. the Attorney General, but it shall be submitted by the
(d) As the term of the chair of the commission Department of Legal Affairs to the Governor for trans-
expires or becomes vacant, a successor shall be mittal to the Legislature.
appointed in the manner of the original appointment, (g) The commission is authorized to contract or
and shall serve for a maximum of 4 years, such term to consult with appropriate agencies of state government
run concurrently with the term of the appointing Gover- for such professional assistance as may be needed in
nor and until a future successor is appointed. the discharge of its duties.
(e) In no event may any member of the commission History.-5.24, ch. 73-128; s. 10, ch. 74-200; s. 59, ch. 77-175; s. 63, ch.
serve more than two full terms. Members of the com- 7~-400; 5.1. cn. a2-as; s. 2, ch. 83-265; s. 19, ch. 89-258; s. 3s, ch. 89-336; s. 38,
mission shall be paid travel and per diem as provided g5-9473 55'48, ch~ 97 13; 93, c3h' 2002
289 s 2696 ch. zoosin;' S. s2, on.
in s. 112.061 while in performance of their duties and in 2006-95.
traveling to, from, and upon same. Of the nine mem-
bers of the commission, no more than five members 106.25 Reports of alleged violations to Florida
shall be from the same political party at any one time. Elections Commission; disposition of findings.-
(2) No member of the commission shall be a mem- (1) Jurisdiction to investigate and determine viola-
ber of any county, state, or national committee of a lions of this chapter and chapter 104 is vested in the
political party; be an officer in any partisan political club Florida Elections Commission; however, nothing in this
or organization; or hold, or be a candidate for, any other section limits the jurisdiction of any other officers or
public office. No person shall be appointed as a mem- agencies of government empowered by law to investi-
ber of the commission who has held an elective public gate, act upon, or dispose of alleged violations of this
office or office in a political party within the year imme- code.
diately preceding his or her appointment. (2) The commission shall investigate all violations
(3) The commission shall convene at the call of its of this chapter and chapter 104, but only after having
chair or at the request of a majority of the members of received either a sworn complaint or information
the commission. The presence of five members is reported to it under this subsection by the Division of
required to constitute a quorum, and the affirmative Elections. Such sworn complaint must be based upon
vote of the majority of the members present is required personal information or information other than hearsay.
for any action or recommendation by the commission. Any person, other than the division, having information
The commission may meet in any city of the state. of any violation of this chapter or chapter 104 shall file
(4) The commission shall appoint an executive a sworn complaint with the commission. The commis-
director, who shall serve under the direction, supervi- sion shall investigate only those alleged violations spe-
sion, and control of the commission. The executive cifically contained within the sworn complaint. If any
director, with the consent of the commission, shall complainant fails to allege all violations that arise from
employ such staff as are necessary to adequately per- the facts or allegations alleged in a complaint, the com-
form the functions of the commission, within budgetary mission shall be barred from investigating a subse-
limitations. All employees, except the executive direc- quent complaint from such complainant that is based
for and attorneys, are subject to part I I of chapter 110. upon such facts or allegations that were raised or could
119
Ch. 106 CAMPAIGN FINANCING F.S. 2008
have been raised in the first complaint. If the complaint long as reasonable notice under the circumstances is
includes allegations of violations relating to expense given.
items reimbursed by a candidate, committee, or organi- (c) Counsel for the commission shall review the
zation to the campaign account before a sworn corn- investigator's report and shall make a written recom-
plaint is filed, the commission shall be barred from mendation to the commission for the disposition of the
investigating such allegations. Such sworn complaint complaint. If the counsel for the commission recom-
shall state whether a complaint of the same violation mends that the commission find probable cause, the
has been made to any state attorney. Within 5 days recommendation shall include a statement of what
after receipt of a sworn complaint, the commission shall charges shall be at issue. A copy of the recommenda-
transmit acopy of the complaint to the alleged violator. tion shall be furnished to the respondent. The respon-
If the executive director finds that the complaint is dent shall be given not less than 14 days from the date
legally sufficient, the respondent shall be notified of of mailing of the recommendation of counsel for the
such finding by letter, which sets forth the statutory pro- commission to file with the commission a written
visions alleged to have been violated and the alleged response to the recommendation. This time period may
factual basis that supports the finding. All sworn corn- be shortened with the consent of the respondent, or
plaints alleging violations of the Florida Election Code without the consent of the respondent when the pas-
over which the commission has jurisdiction shall be sage of time could reasonably be expected to render
filed with the commission within 2 years after the moot the ultimate disposition of the matter by the com-
alleged violations. The period of limitations is tolled on mission, so long as the recommendation is furnished to
the day a sworn complaint is filed with the commission. the respondent within a reasonable period of time
The complainant may withdraw the sworn complaint at under the circumstances.
any time prior to a probable cause hearing if good (d) The respondent and each complainant, their
cause is shown. Withdrawal shall be requested in writ- counsel, and the counsel for the commission shall be
ing, signed by the complainant, and witnessed by a permitted to attend the hearing at which the probable
notary public, stating the facts and circumstances con- cause determination is made. Notice of the hearing
stituting good cause. The executive director shall pre- shall be sent to the respondent, each complainant, and
pare a written recommendation regarding disposition of counsel for the commission at least 14 days before the
the request which shall be given to the commission hearing. This time period may be shortened with the
together with the request. "Good cause" shall be deter- consent of the respondent, or without the consent of the
mined based upon the legal sufficiency or insufficiency respondent when the passage of time could reasonably
of the complaint to allege a violation and the reasons be expected to render moot the ultimate disposition of
given by the complainant for wishing to withdraw the the matter by the commission, so long as the notice is
complaint. If withdrawal is permitted, the commission furnished within a reasonable period of time under the
must close the investigation and the case. No further circumstances.
action may be taken. The complaint will become apub- (e) The probable cause determination is the con-
lic record at the time of withdrawal. clusion of the preliminary investigation. The respondent
(3) For the purposes of commission jurisdiction, a and the counsel for the commission shall be permitted
violation shall mean the willful performance of an act to make brief oral statements in the nature of oral argu-
prohibited by this chapter or chapter 104 or the willful ment to the commission, based on the investigator's
failure to perform an act required by this chapter or report, before the probable cause determination. The
chapter 104. Willfulness is a determination of fact; how- commission's determination shall be based upon the
ever, at the request of the respondent, willfulness may investigator's report, the recommendation of counsel
be considered and determined in an informal hearing for the commission, the complaint, and staff recom-
before the commission. mendations, as well as any written statements submit-
(4) The commission shall undertake a preliminary ted by the respondent and any oral statements made at
investigation to determine if the facts alleged in a sworn the hearing. No testimony or other evidence will be
complaint or a matter initiated by the division constitute accepted at the hearing.
probable cause to believe that a violation has occurred. (f) At its meeting to determine probable cause, the
(a) When the investigator's report is completed, the commission may continue its determination to allow
executive director shall notify the respondent that the further investigation; may order the issuance of a public
report is completed and shall send to the respondent a report of its investigation if it finds no probable cause to
copy of the investigator's report. The investigatory file believe that there has been a violation of this chapter or
and main complaint file shall be open for inspection by chapter 104, concluding the matter before it; may order
the respondent and the respondent's counsel at that a final, public hearing of the complaint if it finds proba-
time, and copies may be obtained at no more than cost. ble cause to believe that there has been a violation of
(b) The respondent shall be given not less than 14 this chapter or chapter 104; or may take such other
days from the date of mailing of the investigator's report action as it deems necessary to resolve the complaint,
to file with the commission a written response to the consistent with due process of law. In making its deter-
investigator's report. This time period may be short- urination, the commission may consider:
ened with the consent of the respondent, or without the 1. The sufficiency of the evidence against the
consent of the respondent when the passage of time respondent, as contained in the investigator's report;
could reasonably be expected to render moot the ulti- 2. The admissions and other stipulations of the
mate disposition of the matter by the commission so respondent, if any;
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F.S. 2008 CAMPAIGN FINANCING Ch. 106
3. The nature and circumstances of the respon- or informal hearing conducted before the commission,
dent's actions; or elects to resolve the complaint by consent order,
4. The expense of further proceedings; and such person shall be entitled to a formal administrative
5. Such other factors as it deems material to its hearing conducted by an administrative law judge in
decision. the Division of Administrative Hearings. The adminis-
trative law judge in such proceedings shall enter a final
If the commission finds probable cause, the commis- order subject to appeal as provided in s. 120.68.
sion shall determine what charges shall be at issue. (6) It is the duty of a state attomey receiving a com-
(g) If no probable cause is found, the commission plaint referred by the commission to investigate the
shall dismiss the case and the case shall become a complaint promptly and thoroughly; to undertake such
matter of public record, except as otherwise provided in criminal or civil actions as are justified by law; and to
this section, together with a written statement of the report to the commission the results of such investiga-
findings ofthe preliminary investigation and a summary tion, the action taken, and the disposition thereof. The
of the facts which the commission shall send to the failure or refusal of a state attorney to prosecute or to
complainant and the alleged violator. A finding of no initiate action upon a complaint or a referral by the com-
probablecause by the commission is a full adjudication mission shall not bar further action by the commission
of all such matters. The commission may not charge a under this chapter.
respondent in a subsequent complaint alleging viola- (7) Every sworn complaint filed pursuant to this
tions based upon the same actions, nonactions, or cir- chapter with the commission, every investigation and
cumstances wherein the commission found no proba- investigative report or other paper of the commission
ble cause. with respect to a violation of this chapter or chapter
(h) If probable cause is found, the commission shall 104, and every proceeding of the commission with
so notify the complainant and the alleged violator in respect to a violation of this chapter or chapter 104 is
writing. All documents made or received in the disposi- confidential, is exempt from the provisions of ss.
tion of the complaint shall become public records upon 119.07(1) and 286.011, and is exempt from publication
a finding by the commission. in the Florida Administrative Weekly of any notice or
(i)1. Upon a commission finding of probable cause, agenda with respect to any proceeding relating to such
the counsel for the commission shall attempt to reach violation, except under the following circumstances:
a consent agreement with the respondent. (a) As provided in subsection (6);
2. A consent agreement is not binding upon either (b) Upon a determination of probable cause or no
party unless and until it is signed by the respondent and Probable cause by the commission; or
by counsel for the commission upon approval by the (c) For proceedings conducted with respect to
commission. appeals of fines levied by filing officers for the late filing
3. Nothing herein shall be construed to prevent the of reports required by this chapter.
commission from entering into a consent agreement However, a complainant is not bound by the confidenti-
with arespondent prior to a commission finding of prob- ality provisions of this section. In addition, confidential-
able cause if a respondent indicates in writing a desire ity may be waived in writing by the person against
to enter into negotiations directed towards reaching whom the complaint has been filed or the investigation
such a consent agreement. Any consent agreement has been initiated. If a finding of probable cause in a
reached under this subparagraph is subject to the pro- case is entered within 30 days prior to the date of the
visions of subparagraph 2. and shall have the same election with respect to which the alleged violation
force and effect as a consent agreement reached after occurred, such finding and the proceedings and rec-
the commission finding of probable cause. ords relating to such case shall not become public until
(j) If a consent agreement is reached between the noon of the day following such election. When two or
commission and the respondent, counsel for the com- more persons are being investigated by the commis-
mission shall send a copy of the signed agreement to sion with respect to an alleged violation of this chapter
both complainant and respondent. or chapter 104, the commission may not publicly enter
a finding of probable cause or no probable cause in the
In a case where probable cause is found, the commis- case until a finding of probable cause or no probable
sion shall make a preliminary determination to consider cause for the entire case has been determined. How-
the matter or to refer the matter to the state attorney for ever, once the confidentiality of any case has been
the judicial circuit in which the alleged violation breached, the person or persons under investigation
occurred. Notwithstanding any other provisions of this have the right to waive the confidentiality of the case,
section, the commission may, at its discretion, dismiss thereby opening up the proceedings and records to the
any complaint at any stage of disposition if it deter- public. Any person who discloses any information or
mines that the public interest would not be served by matter made confidential by the provisions of this sub-
proceedingfurther, in which case the commission shall section commits a misdemeanor of the first degree,
issue a public report stating with particularity its rea- punishable as provided in s. 775.082 or s. 775.083.
sons for the dismissal. (8) Any person who files a complaint pursuant to
(5) Unless a person alleged by the Elections Com- this section while knowing that the allegations con-
mission to have committed a violation of this chapter or tained in such complaint are false or without merit com-
chapter 104 elects, within 30 days after the date of the mits a misdemeanor of the first degree, punishable as
filing of the commission's allegations, to have a formal provided in s. 775.082 or s. 775.083.
121
Ch. 106 CAMPAIGN FINANCING F.S. 2008
(9) The commission shall maintain a database of all ever, the fact that such reimbursement is not tendered
final orders and agency actions. Such database shall at the time the subpoena is served shall not excuse the
be available to the public and shall be maintained in witness from appearing as directed therein.
such a manner as to be searchable, at a minimum, by (3) Upon request of any person having business
issue, statutes, individuals, or entities referenced. before the commission, and with the approval of a
History.-s. 25, ch. 73-128; s. 11, ch. 74-zoo; s. 60, ch. 77-175; s. 3, ch. 78-403; ma on of the commission, the chair or, in the chair's
s. t, ch. 82-46; s. 2, ch. 83-265; s. 39, ch. 84-302; s. 20, ch. 89-256; ss. 5, 14, 15, ~ ry
ch. 90-338; s. 21, ch. 90-360; s. 18, ch. 91-107; s. 5, ch. 91-429; s. 26, ch. 96-406; absence, the vice chair shall instruct all witnesses to
s. as, cn. s7-13; s. 3a, ch. 9&129; s. 21, ch. 2004-252; s. 46, cn. zoo7-30. leave the hearing room and retire to a designated
106.26 Powers of commission; rights and respon- Place. The witness will be instructed by the chair or, in
sibilities of parties; findings by commission.- the chair's absence, the vice chair not to discuss his or
(1) The commission shall, pursuant to rules her testimony or the testimony of any other person with
adopted and published in accordance with chapter 120, anyone until the hearing has been adjourned and the
consider all sworn complaints filed with it and all mat- witness discharged by the chair. The witness shall be
ters reported to it by the Division of Elections. In order further instructed that should any person discuss or
to carry out the responsibilities prescribed by this chap- attempt to discuss the matter under investigation with
ter, the commission is empowered to subpoena and him or her after receiving such instructions the witness
bring before it, or its duly authorized representatives, shall bring such matter to the attention of the commis-
an erson in the state, or an sion. No member of the commission or representative
Y P y person doing business thereof may discuss any matter or matters pertinent to
in the state, or any person who has filed or is required the subject matter under investigation with witnesses to
to have filed any application, document, papers, or be called before the commission from the time that
other information with an office or agency of this state these instructions are given until the hearing has been
or a political subdivision thereof and to require the pro- adjourned and the witness discharged by the chair.
duction of any papers, books, or other records relevant (4) The commission, when interrogating witnesses
to any investigation, including the records and as provided herein, shall cause a record to be made of
accounts of any bank or trust company doing business all proceedings in which testimony or other evidence is
in this state. Duly authorized representatives of the demanded or adduced. This record shall include rul-
commission are empowered to administer all oaths and ings of the chair, questions of the commission and its
affirmations in the manner prescribed by law to wit- counsel, testimony or responses of witnesses, sworn
nesses who shall appear before them concerning any written statements submitted to the commission, and
relevant matter. Should any witness fail to respond to all other pertinent matters. A witness at a hearing, upon
the lawful subpoena of the commission or, having his or her advance request and at his or her own
responded, fail to answer all lawful inquiries or to turn expense, shall be furnished a certified transcript of all
over evidence that has been subpoenaed, the commis- testimony taken at the hearing.
sion may file a complaint before any circuit court of the (5) Before or during a hearing, any person noticed
state setting up such failure on the part of the witness. to appear before the commission, or the person's coun-
On the filing of such complaint, the court shall take sel, may file with the commission, for incorporation into
jurisdiction of the witness and the subject matter of said the record of the hearing, sworn written statements rel-
complaint and shall direct the witness to respond to all evant to the purpose, subject matter, and scope of the
lawful questions and to produce all documentary evi- commission's investigation or inquiry. Any such person
Bence in the witness's possession which is lawfully shall, however, prior to filing such statement, consent to
demanded. The failure of any witness to comply with answer questions from the commission regarding the
such order of the court shall constitute a direct and contents of the statement.
criminal contempt of court, and the court shall punish (6) Any person whose name is mentioned or who is
said witness accordingly. However, the refusal by a wit- otherwise identified during a hearing being conducted
Hess to answer inquiries or turn over evidence on the by the commission and who, in the opinion of the com-
basisthat such testimony or material will tend to incrim- mission, may be adversely affected thereby may, upon
inate such witness shall not be deemed refusal to com- his or her request or upon the request of any member
ply with the provisions of this chapter. The sheriffs in of the commission, appear personally before the com-
the several counties shall make such service and exe- mission and testify on his or her own behalf or, with the
cute all process or orders when required by the com- commission's consent, file a sworn written statement of
mission. Sheriffs shall be paid for these services by the facts or other documentary evidence for incorporation
commission as provided for in s. 30.231. Any person into the record of the hearing. Any such person shall,
who is served with a subpoena to attend a hearing of however, prior to filing such statement, consent to
the commission also shall be served with a general answer questions from the commission regarding the
statement informing him or her of the subject matter of contents of the statement.
the commission's investigation or inquiry and a notice (7) Upon the consent of a majority of its members,
that he or she may be accompanied at the hearing by the commission may permit any other person to appear
counsel of his or her own choosing. and testify at a hearing or submit a sworn written state-
(2) All witnesses summoned before the commis- ment of facts or other documentary evidence for incor-
sion, other than on the request of the subject of a hear- poration into the record thereof. No request to appear,
ing, shall receive reimbursement for travel expenses appearance, or submission shall limit in any way the
and per diem at the rates provided in s. 112.061. How- commission's power of subpoena. Any such person
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F.S. 2008 CAMPAIGN FINANCING Ch. 106
shall, however, priortofiling such statement, consent to (2) If any person, political committee, committee of
answer questions from the commission regarding the continuous existence, or political party fails or refuses
contents of the statement. to pay to the commission any civil penalties assessed
(8) Any person who appears before the commis- pursuant to the provisions of this section, the commis-
sion pursuant to this section shall have all the rights, sion shall be responsible for collecting the civil penal-
privileges, and responsibilities of a witness appearing ties resulting from such action.
before a court of competent jurisdiction. (3) Any civil penalty collected pursuant to the provi-
(9) If the commission fails in any material respect to sions of this section shall be deposited into the
comply with the requirements of this section, any per- tElection Campaign Financing Trust Fund.
son subject to subpoena or subpoena duces tecum (4) Notwithstanding any other provisions of this
who is injured by such failure shall be relieved of any chapter, any fine assessed pursuant to the provisions
requirement to attend the hearing for which the sub- of this chapter, which fine is designated to be deposited
poena was issued or, if present, to testify or produce or which would otherwise be deposited into the General
evidence therein; and such failure shall be a complete Revenue Fund of the state, shall be deposited into the
defense in any proceeding against such person for tElection Campaign Financing Trust Fund.
contempt or other punishment. (5) In any case in which the commission deter-
(10) Whoever willfully affirms or swears falsely in mines that a person has filed a complaint against
regard to any material matter or thing before the com- another person with a malicious intent to injure the rep-
mission shall be guilty of a felony of the third degree utation of the person complained against by filing the
and punished as provided by s. 775.082, s. 775.083, or complaint with knowledge that the complaint contains
s. 775.084. one or more false allegations or with reckless disregard
(11) At the conclusion of its hearings concerning an for whether the complaint contains false allegations of
alleged violation, the commission shall immediately fact material to a violation of this chapter or chapter
begin deliberations on the evidence presented at such 104, the complainant shall be liable for costs and rea-
hearings and shall proceed to determine by affirmative sonable attorney's fees incurred in the defense of the
vote of a majority of the members present whether a person complained against, including the costs and
violation of this chapter or chapter 104 has occurred. reasonable attorney's fees incurred in proving entitle-
Such determination shall promptly be made public. The ment to and the amount of costs and fees. If the com-
ordershall contain a finding of violation or no violation, plainant fails to pay such costs and fees voluntarily
together with brief findings of pertinent facts, and the within 30 days following such finding by the commis-
assessment of such civil penalties as are permitted by sion, the commission shall forward such information to
this chapter or no such assessment and shall bear the the Department of Legal Affairs, which shall bring a civil
signature or facsimile signature of the chair or vice action in a court of competent jurisdiction to recover the
chair. amount of such costs and fees awarded by the com-
(12) The commission by rule may determine viola- mission.
tons which constitute minor offenses that can be History.-S. st, ch. 77-175; s. 1, ch. 82-x6; s. z, cn. s3-zss; s. a, cn. ss-z7s;
resolved without further investigation by means of a cn: 2ooo-as5cs: 'ztitid ~st-azs; S. st, on. s7-, 3; s. 3s, on. ss-,zs; s. 3,
plea of nolo contenders and payment of a fine. Note.-me trust fund expired, effective November 4, teas, by operation of s.
(13) The commission may not issue advisory opin- t9m, Art. III of the State Constitution.
ions and must, in all its deliberations and decisions, 106.27 Determinations by commission; legal dis-
adhere to statutory law and advisory opinions of the position.-
division. 1 Criminal roceedin s for violations of this cha -
Hlstory.-s. 26, ch. 73-128; s. 12, d,. 74-200; s. 60, ch. 77-175; s. 4, ch. 78-403; ( ) P 9 P
s. sa, cn.7s-aoo; 5.,, on. ez-as; s. z, cn. s3-zs5; s. z~, cn. ss-z5s; ss. s, ~a, ~s, ter or chapter 104 may be brought in the appropriate
ch. 90-338; s. 74, ch. 91-45; s. 5, ch. 91-429; s. 2, ch. 94-170; s. 1396, ch. 95-147;
5.50, cn. 97-,3: 5.35, cn. 9s-,zs. court of competent jurisdiction. Any such action
brought under this chapter or chapter 104 shall be
106.265 Civil penalties.- advanced on the docket of the court in which filed and
(1) The commission is authorized upon the finding put ahead of all other actions.
of a violation of this chapter or chapter 104 to impose (2) Civil actions may be brought by the commission
civil penalties in the form of fines not to exceed $1,000 for relief, including permanent or temporary injunctions,
per count. In determining the amount of such civil pen- restraining orders, or any other appropriate order for
alties, the commission shall consider, among other mit- the imposition of civil penalties provided by this chap-
igating and aggravating circumstances: ter. Such civil actions shall be brought by the commis-
(a) The gravity of the act or omission; sion in the appropriate court of competent jurisdiction,
(b) Any previous history of similar acts or orris- and the venue shall be in the county in which the
sions; alleged violation occurred or in which the alleged viola-
(c) The appropriateness of such penalty to the for or violators are found, reside, or transact business.
financial resources of the person, political committee, Upon a proper showing that such person, political com-
committee of continuous existence, or political party; mittee, committee of continuous existence, or political
and party has engaged, or is about to engage, in prohibited
(d) Whether the person, political committee, com- acts or practices, a permanent or temporary injunction,
mittee of continuous existence, or political party has restraining order, or other order shall be granted with-
shown good faith in attempting to comply with the provi- out bond by such court, and the civil fines provided by
sions of this chapter or chapter 104. this chapter may be imposed.
123
Ch. 106 CAMPAIGN FINANCING F.S. 2008
(3) Civil actions may be brought to enjoin temporar- executive committee, and $50 for a county executive
ily the issuance of certificates of election to successful committee, per day for each late day, not to exceed 25
candidates who are alleged to have violated the provi- percent of the total receipts or expenditures, whichever
sions of this chapter or chapter 104. Such injunctions is greater, for the period covered by the late report.
shall issue upon a showing of probable cause that such However, if an executive committee fails to file a report
violation has occurred. Such actions shall be brought in on the Friday immediately preceding the general elec-
thecircuit court for the circuit in which is located the offi- tion, the fine shall be $10,000 per day for each day a
cer before whom the candidate qualified for office. state executive committee is late and $500 per day for
History.-s. 27, ch. 73-1za; s.,3, ch. 7a-2oo; s. sz, ch. 77-175; s. 1, ch. 82-46; each da a coun executive committee is late. Upon
s. 2, ch. 83-265; ss. 8, 14, 15, ch. 90-338; s. 5, ch. 91-429; s. 37, ch. 98-129. y
receipt of the report, the filing officer shall determine the
106.28 Limitation of actions.-Actions for violation amount of the fine which is due and shall notify the
of this chapter must be commenced before 2 years chair. The filing officer shall determine the amount of
have elapsed from the date of the violation. the fine due based upon the earliest of the following:
History.-s. 26, ch. 73-128; s. cn. 8z-as; S. z, cn. a3-zs5; s. zz, cn. as-z5s; 1. When the report is actually received by such
s. 14, ch. 90-338.
officer.
108.29 Reports by political parties; restrictions on 2. When the report is postmarked.
contributions and expenditures; penalties.- 3. When the certificate of mailing is dated.
(1) The state executive committee and each county 4. When the receipt from an established courier
executive committee of each political party regulated company is dated.
by chapter 103 shall file regular reports of all contribu- 5. When the electronic receipt issued pursuant to
tions received and all expenditures made by such com- s. 106.0705 is dated.
mittee. Such reports shall contain the same information Such fine shall be paid to the filing officer within 20 days
as do reports required of candidates by s. 106.07 and after receipt of the notice of payment due, unless
shall be filed on the 10th day following the end of each appeal is made to the Florida Elections Commission
calendar quarter, except that, during the period from pursuant to paragraph (c). An officer or member of an
the last day for candidate qualifying until the general executive committee shall not be personally liable for
election, such reports shall be filed on the Friday imme- such fine.
diately preceding both the primary election and the (c) The chair of an executive committee may
general election. In addition to the reports filed under appeal or dispute the fine, based upon unusual circum-
this section, the state executive committee and each stances surrounding the failure to file on the designated
county executive committee shall file a copy of each due date, and may request and shall be entitled to a
prior written acceptance of an in-kind contribution given hearing before the Florida Elections Commission,
by the committee during the preceding calendar quar- which shall have the authority to waive the fine in whole
ter as required under s. 106.08(6). Each state execu- or in part. Any such request shall be made within 20
tive committee shall file the original and one copy of its days after receipt of the notice of payment due. In such
reports with the Division of Elections. Each county case, the chair of the executive committee shall, within
executive committee shall file its reports with the super- the 20-day period, notify the filing officer in writing of his
visor of elections in the county in which such committee or her intention to bring the matter before the commis-
exists. Any state or county executive committee failing sion.
to file a report on the designated due date shall be sub- (d) The appropriate filing officer shall notify the
ject to a fine as provided in subsection (3). No separate Florida Elections Commission of the repeated late filing
fine shall be assessed for failure to file a copy of any by an executive committee, the failure of an executive
report required by this section. committee to file a report after notice, or the failure to
(2) The chair and treasurer of each state or county pay the fine imposed.
executive committee shall certify as to the correctness (4) Any contribution received by a state or county
of each report filed by them on behalf of such commit- executive committee less than 5 days before an elec-
tee. Any committee chair or treasurer who certifies the tion shall not be used or expended in behalf of any can-
correctness of any report while knowing that such didate, issue, or political party participating in such
report is incorrect, false, or incomplete commits a fel- election.
ony of the third degree, punishable as provided in s. (5) No state or county executive committee, in the
775.082, s. 775.083, or s. 775.084. furtherance of any candidate or political party, directly
(3)(a) Any state or county executive committee fail- or indirectly, shall give, pay, or expend any money, give
ing to file a report on the designated due date shall be or pay anything of value, authorize any expenditure, or
subject to a fine as provided in paragraph (b) for each become pecuniarily liable for any expenditure prohib-
lateday. The fine shall be assessed by the filing officer, ited by this chapter. However, the contribution of funds
and the moneys collected shall be deposited in the by one executive committee to another or to estab-
General Revenue Fund. lished party organizations for legitimate party or cam-
(b) Upon determining that a report is late, the filing paign purposes is not prohibited, but all such contribu-
officer shall immediately notify the chair of the execu- tions shall be recorded and accounted for in the reports
tive committee as to the failure to file a report by the of the contributor and recipient.
designated due date and that a fine is being assessed (6)(a) The national, state, and county executive
for each late day. The fine shall be $1,000 for a state committees of a political party may not contribute to any
124
F.S. 2008 CAMPAIGN FINANCING Ch. 106
candidate any amount in excess of the limits contained 106.32 'Election Campaign Financing Trust Fund.
in s. 106.08(2), and all contributions required to be (1) There is hereby established in the State Trea-
reported under s. 106.08(2) by the national executive sury an'Election Campaign Financing Trust Fund to be
committee of a political party shall be reported by the utilized by the Department of State as provided in ss.
state executive committee of that political party. 106.30-106.36. If necessary, each year in which a gen-
(b) A violation of the contribution limits contained in eral election is to be held for the election of the Cover-
s. 106.08(2) is a misdemeanor of the first degree, pun- nor and Cabinet, additional funds shall be transferred
fishable as provided in s. 775.082 or s. 775.083. A civil to the'Election Campaign Financing Trust Fund from
penalty equal to three times the amount in excess of general revenue in an amount sufficient to fund quality-
the limits contained in s. 106.08(2) shall be assessed ing candidates pursuant to the provisions of ss.106.30-
against any executive committee found in violation 106.36.
thereof.
History.-s. 29, ch. 73-126; s. ,a, cn. 7a-zoo; s. s2, a,. 77-17s; s. ss, cn. (2) Proceeds from filing fees pursuant to ss.
79-400; ss. 14, 33, ch. 81-304; s. 1, ch. 82-46; s. 13, ch. 82-143; s. 2, ch. 83-265; 99.092 99.093, and 105.031 shall be deposited into
s. 40, ch. 84-302; s. 23, ch. 89-256; s. 39, ch. 90-315; ss. 10, 14, ch. 90-338; ss. ~
8, 12, ch. 91-107; s. 3, ch. 95-140; s. 653, ch. 95-147; s. 8, ch. 97-13; ss. 23, 24, the'Election Campaign Financing Trust Fund as desig-
cn. 2ooa-252; s. 2s, cn. Zoos-286; S. 2, gyn. 2005-3so. Hated in those sections.
106.295 Leadership fund.- (3) Proceeds from assessments pursuant to ss.
(1) For purposes of this section: 106.04, 106.07, and 106.29 shall be deposited into the
(a) "Leadership fund" means accounts comprised 'Election Campaign Financing Trust Fund as desig-
ofany moneys contributed to a political party, directly or Hated in those sections.
indirectly, which are designated to be used at the partial History.-s. 1, ch. 86-276; S. ,s, on. s,-1o7.
or total discretion of a leader. "ota--The tn's' fund expired, effective November 4, lass, by operation of s.
19(f), Art. III of the State Constitution.
(b) "Leader" means the President of the Senate,
the Speaker of the House of Representatives, the 106.33 Election campaign financing; eligibility.-
majority leader and the minority leader of each house, Each candidate for the office of Governor or member of
and any person designated by a political caucus of the Cabinet who desires to receive contributions from
members of either house to succeed to any such posi- the 'Election Campaign Financing Trust Fund shall,
tion. upon qualifying for office, file a request for such contri-
(2) Leadership funds are prohibited in this state. No butions with the filing officer on forms provided by the
leader shall accept any leadership funds. Division of Elections. If a candidate requesting contri-
(3) This section applies to leadership funds in exist- butions from the fund desires to have such funds dis-
ence on or after January 1, 1990.
History.-s. 24, on. ss-25s. tributed by electronic fund transfers, the request shall
include information necessary to implement that proce-
106.30 Short title.-Sections 106.30-106.36 may dure. For the purposes of ss. 106.30-106.36, candi-
be cited as the "Florida Election Campaign Financing dates for Governor and Lieutenant Governor on the
Act." same ticket shall be considered as a sin le candidate.
History.-s. 1, on. es-27s. To be eligible to receive contributions from the fund, a
106.31 Legislative intent.-The Legislature finds candidate may not be an unopposed candidate as
that the costs of running an effective campaign for defined in s. 106.011(15) and must:
statewide office have reached a level which tends to (1) Agree to abide by the expenditure limits pro-
discourage persons from becoming candidates and to vided in s. 106.34.
limit the persons who run for such office to those who (2)(a) Raise contributions as follows:
are independently wealthy, who are supported by politi- 1. One hundred fifty thousand dollars fora candi-
cal committees representing special interests which date for Governor.
are able to generate substantial campaign contribu- 2, One hundred thousand dollars for a candidate
tions, or who must appeal to special interest groups for for Cabinet office.
campaign contributions. The Legislature further finds (b) Contributions from individuals who at the time of
that campaign contributions generated by such political contributing are not state residents may not be used to
committees are having a disproportionate impact vis-a- meet the threshold amounts in paragraph (a). For Pur-
vis contributions from unaffiliated individuals, which poses of this paragraph, any person validly registered
leads to the misperception of government officials to vote in this state shall be considered a state resident.
unduly influenced by those special interests to the det- (3) Limit loans or contributions from the candidate's
riment of the public interest. Furthermore, it is the intent personal funds to $25,000 and contributions from
of the Legislature that the purpose of public campaign
financing is to make candidates more responsive to the national, state, and county executive committees of a
voters of the State of Florida and as insulated as possi- Political party to $250,000 in the aggregate, which
ble from special interest groups. The Legislature loans or contributions shall not qualify for meeting the
intends ss. 106.30-106.36 to alleviate these factors, threshold amounts in subsection (2).
dispel the misperception, and encourage qualified per- (4) Submit to a postelection audit of the campaign
sons to seek statewide elective office who would not, or account by the division.
could not otherwise do so and to protect the effective Zoo;-tao
a
; ~i,.
zoos z $s; 5. ao, or,. so-3,s; 5. 20, on. s,-,o7; S. ss, cn.
competition by a candidate who uses public funding. ~NOte.-The trust fund expired, effective November 4, 1996, by operation of s.
History.-s. 1, ch. 86-276; s. 67, ch. 2001-40. 19(f), Art. III of the State Constitution.
125
Ch. 106 CAMPAIGN FINANCING F.S. 2008
106.34 Expenditure limits.- business account, regardless of whether the business
(1) Any candidate for Governor and Lieutenant account is for a corporation, partnership, sole propri-
Governor or Cabinet officer who requests contributions etorship, trust, or other form of business arrangement.
from the 'Election Campaign Financing Trust Fund For contributions made by check from a personal joint
shall limit his or her total expenditures as follows: account, the match shall only be for the individual who
(a) Governor and Lieutenant Governor: $2.00 for actually signs the check.
each Florida-registered voter. (3)(a) Certification and distribution of funds shall be
(b) Cabinet officer: $1.00 for each Florida- based on contributions to the candidate reported to the
registered voter. division for such purpose. The division shall review
(2) The expenditure limit for any candidate with pri- each report and verify the amount of funds to be distrib-
maryelection opposition only shall be 60 percent of the uted prior to authorizing the release of funds. The divi-
limit provided in subsection (1). sion may prescribe separate reporting forms for candi-
(3) For purposes of this section, "Florida-registered dates for Governor and Cabinet officer.
voter
' means a voter who is registered to vote in Florida (b) Notwithstanding the provisions of s. 106.11, a
as of June 30 of each odd-numbered year. The Division candidate who is eligible for a distribution of funds
of Elections shall certify the total number of Florida- based upon qualifying matching contributions received
registered voters no later than July 31 of each odd- and certified to the division on the report due on the 4th
numbered year. Such total number shall be calculated day prior to the election, may obligate funds not to
by adding the number of registered voters in each exceed the amount which the campaign treasurer's
county as of June 30 in the year of the certification date. report shows the candidate is eligible to receive from
For the 2006 general election, the Division of Elections the 'Election Campaign Financing Trust Fund without
shall certify the total number of Florida-registered vot- the funds actually being on deposit in the campaign
ers by July 31, 2005. account.
(4) For the purposes of this section, the term "ex- (4) Distribution of funds shall be made beginning
penditure" does not include the payment of compensa- on the 32nd day prior to the primary and every 7 days
lion for legal and accounting services rendered on thereafter.
behalf of a candidate. (5) The division shall adopt rules providing for the
History.-s. 1, ch. 86-276; s. at, ch. 90-315; S. 2,, on. s,-,o7; s. s5a, ob. week) re orts and certification and distribution of
95-147; s. 48, ch. 2005-278. y P
'Note.-The trust fund expired, effective November 4, 1996, by operation of s. funds pursuant thereto required by this section. Such
ts(f>, Art. m or the state constitution. rules shall, at a minimum, provide for:
106.35 Distribution of funds.- (a) Specifications for printed campaign treasurer's
(1) The division shall review each request for con- reports outlining the format for such reports, including
tributions from the'Election Campaign Financing Trust size of paper, typeface, color of print, and placement of
Fund and certify whether the candidate is eligible for required information on the form.
such contributions. Notice of the certification decision (b)1. Specifications for electronically transmitted
shall be provided to the candidate. An adverse decision campaign treasurer's reports outlining communication
may be appealed to the Florida Elections Commission. Parameters and protocol, data record formats, and pro-
The division shall adopt rules providing a procedure for visions for ensuring security of data and transmission.
2. All electronically transmitted campaign treasur-
such appeals. er's reports must also be filed in printed format. Printed
(2)(a) Each candidate who has been certified to format shall not include campaign treasurer's reports
receive contributions from the Election Campaign submitted by electronic facsimile transmission.
Financing Trust Fund shall be entitled to distribution of History.-s.1, cn. as-27s; s. 25, ch. 89-256; s. 42, ch.90315; s. zz, ob. s1-1o7;
funds as follows: S. ss, cn. 2oo1-ao; s. as, cn. 2oo7-so.
1. For ualif rn matchin contributions makin 'Note.-The trust fund expired, effective November 4, 1996, by operation of s.
q Y 9 9 9 ts(f>, Art. III of the State Constitution.
up all or any portion of the threshold amounts specified
in s. 106.33(2), distribution shall be on a two-to-one 106.353 Candidates voluntarily abiding by elec-
basis. lion campaign financing limits but not requesting pub-
2. For all other qualifying matching contributions, lic funds; irrevocable statement required; penalty.-
distribution shall be on a one-to-one basis. (1) Not later than qualifying for office, each candi-
(b) Qualifying matching contributions are those of date for the office of Governor or member of the Cabi-
$250 or less from an individual, made after September net who has not made a request to receive contribu-
1 of the calendar year prior to the election. Any contri- lions from the 'Election Campaign Financing Trust
bution received from an individual who is not a state Fund, but who wishes to voluntarily abide by the appli-
resident at the time the contribution is made shall not cable expenditure limit set forth in s. 106.34 and the
be considered a qualifying matching contribution. For contribution limits on personal and party funds set forth
purposes of this paragraph, any person validly regis- in s. 106.33, shall file an irrevocable statement to that
tered to vote in this state shall be considered a state effect with the Secretary of State.
resident. Aggregate contributions from an individual in (2) Any candidate who files such a statement and
excess of $250 will be matched only up to $250. Acon- subsequently exceeds such limits shall pay to the
tribution from an individual, if made by check, must be 'Election Campaign Financing Trust Fund an amount
drawn on the personal bank account of the individual equal to the amount of the excess contributions or
making the contribution, as opposed to any form of expenditures. Such penalty shall not be an allowable
126
F.S. 2008 CAMPAIGN FINANCING Ch. 106
campaign expense and shall be paid from personal request by a participating candidate, provide such can-
funds of the candidate. However, if a nonparticipating didate with funds from the 1Election Campaign Financ-
candidate exceeds the expenditure limit as described ing Trust Fund equal to the amount by which the non-
in s. 106.355, a candidate signing the statement pursu- participating candidate exceeded the expenditure limit,
ant to this section may exceed the applicable expendi- not to exceed twice the amount of the maximum
ture limit to the extent the nonparticipating candidate expenditure limits specified in s. 106.34(1)(a) and (b),
exceeded the limit without being subject to a penalty. which funds shall not be considered matching funds.
History.-s. 23, di. 91-107. History.-s. 24, ch. 91-107.
'Note.-The trust fund expired, effective November 4, 1996, by operation of s. 'Note.-The trust fund expired, effective November 4, 1996, by operation of s.
19(f), Art. III of the State Constitution. 19(f), Art. III of the State Constitution.
106.355 Nonparticipating candidate exceeding 106.36 Penalties; fines.-In addition to any other
limits.-Whenever a candidate for the office of Gover- penalties which may be applicable under the election
nor or member of the Cabinet who has elected not to code, any candidate who receives contributions from
participate in election campaign financing under the the'Election Campaign Financing Trust Fund and who
provisions of ss.10ti.30-106.36 exceeds the applicable exceeds the applicable expenditure limit, except as
expenditure limit provided in s. 106.34, all opposing authorized in ss. 106.353 and 106.355, or falsely
candidates participating in such election campaign reports qualifying matching contributions and thereby
financing are, notwithstanding the provisions of s. receives contributions from the tElection Campaign
106.33 or any other provision requiring adherence to Financing Trust Fund to which the candidate was not
such limit, released from such expenditure limit to the entitled shall be fined an amount equal to three times
extent the nonparticipating candidate exceeded the the amount at issue, which shall be deposited in the
limit, are still eligible for matching contributions up to /Election Campaign Financing Trust Fund.
such limit, and shall not be required to reimburse any History.-s. 1, ch. 66-z7s; s. 11, ch. 90-336; s. 2s, ch. st-to7; s. sss, oh.
matching funds provided pursuant thereto. In addition, 9s-,a7.
Note.-The trust fund expired, effective November 4, 1996, by operation of s.
the Department of State shall, within 7 days after a ts(f>, Art. III of the State Constitution.
127
A INDEX
C
p? AUDITS (Cont.)
Political party executive committees, 103.121
ACCOUNTS Voting systems, 101.591
Election campaign treasurers, 106.06
ADVERTISEMENTS AND ADVERTISING B
Public policy or vote of public official, advertisements
intended to influence, 106.1437 BIDS
Voting equipment purchases, 101.293
AGRICULTURE, COMMISSIONER OF
Campaign financing, 106.32, 106.33, 106.34, 106.35 BILLS OF RIGHTS
Election, 100.041 Voters, 101.031
Membership on
Political party state executive committee, 103.091 BOARDS, COMMISSIONS, AND COUNCILS
Term of office, 100.041 Constitution Revision Commission, 101.161
Elections
AIRCRAFT Election Assistance Commission, 97.052, 97.057,
Candidate travel on private aircraft, valuation for 97.058, 98.212
campaign financing purposes, 106.055 Election boards, 101.5614, 101.68, 102.012, 102.014,
State aircraft 102.031, 102.071
Candidates for public office, use, 106.15 Executive Clemency, Board of, 98.093
Charges, 106.15
Limitation on use, 106.15 BONDS
ALIENS Validation
Intervention of parties, 100.321
Voter registration, ineligibility, 98.045 Referendum, contesting validity of, 100.321
APPELLATE PROCEDURE BOUNDARIES
Campaign financing violation decisions, 106.04, 106.07, Election precincts, 101.001
106.29 Polling places or early voting sites, no-solicitation zones,
Election violation decisions, 106.25 102.031
Elections laws enforcement actions, priority, 97.012
Voter registration, 97.012, 98.075, 98.0755 BRIBERY
APPROPRIATIONS Elections, 102.168, 104.061
Elections, campaign financing for statewide offices, Voter registration, interfering with or influencing, 104.012
106.32 BUDGETING (STATE)
ASSISTED LIVING FACILITIES Financial Impact Estimating Conference, 100.371,
Administrators, 101.655 101.161
Personnel BUILDINGS P
Administrators, 101.655 (UBLICLY OWNED)
Residents County buildings
Absent electors, 101.62, 101.655 Solicitation of political contributions in, 106.15
Polling places, use as, 101.71
ATTORNEY GENERAL Solicitation of political contributions in, 106.15
Campaign financing, state funds, 106.32, 106.33, 106.34, State buildings and facilities
106.35 Solicitation of political contributions in, 106.15
Election, 100.041
Membership on C
Political party state executive committee, 103.091
Term of office, 100.041 CABINET
ATTORNEYS AT LAW Campaign financing, state funds, 106.32, 106.33, 106.34,
Campaign financing violation hearings, right to counsel, 106.35
106.26 Contributions solicited for certain charitable organizations,
Elections Commission attorneys, 106.24, 106.25 reporting duties, 106.0701
Elections Commission hearings, right to counsel, 106.26 Election of members, 100.041
U.S. attorneys, 98.093 Membership on
Elections Canvassing Commission, 102.111
ATTORNEYS' FEES Terms of members, 100.041
Election complaints, false allegations, 106.265
Political party county executive committee members, CAMPAIGN FINANCING
wrongful removal actions, 103.141 Accounting records, 106.06
Advisory opinions, 106.23
AUDITS Appeals of violation decisions, 106.04, 106.07, 106.29
Campaign financing reports and statements, 106.22 Audits, 106.22
Candidates for statewide office, public campaign funding, Candidate's or spouse's living expenses, campaign funds
106.22, 106.33 for, 106.1405
1
C INDEX C
CAMPAIGN FINANCING (Cont.) CAMPAIGN FINANCING (Cont.)
Certificates of deposit, 106.021, 106.06, 106.07, 106.141 Contributions (Cont.)
Civil actions, relief from violations, 106.25, 106.27, 106.28 Unlawful acts; penalties (Cont.)
Committees of continuous existence, 106.011, 106.022, Exceeding limits, 106.08, 106.087, 106.09, 106.19,
106.04, 106.07, 106.08, 106.087 106.21, 106.29
Complaints alleging violations, 106.25, 106.26 Matching contributions, false reporting, 106.36
Confidential information, 106.25 Soliciting in public buildings, 106.15
Consent agreements involving violations, 106.25 Soliciting near polling places, 102.031
Contributions Unopposed candidacy, 106.08, 106.141
Accounting records, 106.06 Withdrawn candidacy, 106.08, 106.141
After candidate's election or elimination, 106.141 Credit cards, 106.04, 106.07, 106.11, 106.125
Assessments on, 106.32 Criminal prosecution of violations, 106.27, 106.28
Campaign account withdrawals, 106.021 Definitions, 106.011
Campaign treasurer, receipt through, 106.021 Depositories
Candidate's own funds, 106.021, 106.08, 106.141, Checks, 106.07, 106.11
106.33 Deposit procedures, 106.05
Cash, 106.09 Inspection of account records, 106.07
Certificate of deposit withdrawals, 106.021 Petty cash withdrawals, 106.12
Change in office sought, refund offer, 106.021 Political committees, national depositories, 106.021
Charitable organization contributions, 106.08 Primary campaign depository, 106.021, 106.05, 106.11
Checks, 106.09, 106.35 Requirement, 106.021
Committees of continuous existence, 106.022, 106.04, Secondary campaign depositories, 106.021, 106.05
106.07, 106.08 Withdrawal of funds, 106.11, 106.12
Contributor identification, 106.04, 106.05, 106.07 Elected officers' office accounts, transfer of surplus
Day of election or less than 5 days before, return, campaign funds to, 106.141
106.08 Electioneering communications, 106.011, 106.071,
Definition, 106.011 106.1439, 106.147
Deposit procedures, 106.05 Electioneering communications organizations
Electioneering communications organizations, 106.011, Contributions, 106.011, 106.022, 106.08
106.022, 106.08 Definitions, 106.011
Fund raisers, 106.025 Expenditures, 106.011, 106.022
In-kind contributions, 106.055, 106.08 Polls and surveys, conducting, 106.17
In name of another, 106.08 Registered agent and registered office, 106.022
Independent expenditures, 106.011, 106.021, 106.087 Reports, 106.011, 106.0703, 106.0705, 106.08
Limitations, 106.08 Statements of organization, 106.03
Nonresidents, 106.33, 106.35 Elections Commission investigations and hearings,
Other candidates, 104.071 alleged violations, 106.04, 106.07, 106.25, 106.26
Political party executive committees, 106.08, 106.33 Elections, Division of; powers and duties, generally,
Records, 106.06 106.22, 106.23, 106.35
Reports Eliminated candidates, funds disposal, 106.141
Candidates or political committees, 106.07, Expenditures
106.0701, 106.0705 Accounting records, 106.06
Certificate of deposit or account withdrawals, Campaign treasurer, making expenditures through,
106.021 106.021, 106.07
Charitable organization contributions, 106.08 Candidate's or spouse's living expenses, 106.1405
Committees of continuous existence, 106.04, 106.07, Candidate's own funds, 106.021
106.0705, 106.08 Checks, 106.11
Election campaign financing contributions, 106.35, Committees of continuous existence, 106.011, 106.022,
106.36 106.04, 106.087
Electioneering communications organizations, Communications media placements, campaign signs,
106.011, 106.0705, 106.08 insurance, and related expenditures, 106.021,
Loan repayments, 106.075 106.07
Political committees, 106.07, 106.08, 106.19 Credit cards, 106.07, 106.11, 106.125
Political party executive committees, 106.0705, Debit cards, 106.11
106.29 Electioneering communications or electioneering
Special election to fill vacancy, 100.111, 106.07 communications organizations, 106.011, 106.022,
Return, 106.07, 106.08 106.071
Separate interest-bearing accounts, deposits and Exceeding limitations, 106.36
withdrawals, 106.021, 106.06 Fund raisers, 106.025
Solicitation, 102.031, 106.15 Independent expenditures, 106.011, 106.021, 106.071,
Surplus campaign funds, disposition, 106.141 106.087
Unlawful acts; penalties Petty cash funds, 106.12
After candidate's withdrawal, defeat, becoming Political parties, purchases from, 106.08
unopposed, or election, 106.08, 106.141 Political party executive committees, 106.087, 106.29
Cash or cashier's check exceeding $50, 106.09 Public utility services, 106.14
Contribution restriction violations, 106.08 Records, 106.06
Contributions through or in name of another, 106.08 Reimbursement, 106.021
Day of election or less than 5 days before, failure to Religious, civic, or charitable groups; purchases from,
return, 106.08 106.08
2
C INDEX
C
CAMPAIGN FINANCING (Cont.) CAMPAIGN FINANCING (Cont.)
Expenditures (Cont.) Reports (Cont.)
Reports, 100.111, 106.011, 106.04, 106.07, 106.0705, Failure to submit reports
106.071, 106.29 Audits, 106.22
State funds, 106.32, 106.33, 106.34, 106.35 Candidates and political committees, 106.07,
Unopposed, withdrawn, or eliminated candidates, 106.0701, 106.18, 106.19, 106.21
106.11 Committees of continuous existence, 106.04
Forms, alternative formats and Internet availability, Contributions solicited for certain charitable
97.026 organizations, 106.0701
Fund raisers, 106.025 Political parties, 106.29
Injunctive relief from violations, 106.27 Surplus funds, disposition, 106.141
Inspection of records, 106.04, 106.06, 106.07 Financial reports, content and filing, 106.04, 106.07,
Investigations of alleged violations, 106.07, 106.23, 106.0703, 106.0705, 106.0706
106.25, 106.26 Investigative findings, alleged violations, 106.25
Judicial office candidates, 105.071, 105.08 Judicial office candidates, 105.08
Limitation of enforcement actions, 106.25, 106.28 Loans, 106.07, 106.075
Loans, reporting, 106.07, 106.075 Political committees, 106.07, 106.0705
Notices of violation investigations and hearings, 106.25 Political party executive committees, 106.0705, 106.29
Petty cash funds, 106.07, 106.12 Reimbursement of campaign expenses, 106.021
Political party executive committees, 106.08, 106.33 Special elections or special primary elections, filing
Public funding
Appropriations, 106.32 dates, 100.111, 106.07
Audits, 106.22, 106.33 Surplus campaign funds, disposal, 106.141
Denial, appeal, 106.35 Transfers of funds, 106.04, 106.07
Distributions, 106.35 Unopposed candidates, 106.07
Election Campaign Financing Act, 106.30 School board candidates, 105.08
Election Campaign Financing Trust Fund Separate interest-bearing accounts, 106.021, 106.06,
Audit of candidates receiving funds, 106.22 106.07, 106.141
Deposits State-owned aircraft and vehicles, payment for use,
Assessments, 106.32 106.15
Candidate filing fees, 106.32 Surplus funds, disposition, 106.141
Candidates, reporting violation fines, 106.07 Travel by candidate upon private aircraft, valuation,
Fines and penalties, generally, 106.265 106.055
Political committees, fines, 106.07 Treasurers
Public financing for statewide office violations, Accounting records, 106.06
fines and penalties, 106.353, 106.36 Appointment, 106.021
State funds, 106.32 Candidates, surplus funds disposition, 106.141
Surplus funds, 106.141 Committees of continuous existence, 106.04
Disbursements, 106.32, 106.33, 106.34, 106.35, Deputy campaign treasurers, 106.021
106.355, 106.36 Duties, generally, 106.021
Establishment, 106.32 Removal or resignation, 106.021
Eligibility, 106.33, 106.35 Replacement, 106.021
Expenditure limitations, 106.34, 106.35, 106.353, Reports, 106.04, 106.07, 106.0705
106.355, 106.36 Unlawful acts; penalties, 106.04, 106.07, 106.19,
Legislative intent, 106.31 106.29
Matching contributions, 106.35, 106.36 Unlawful acts; penalties
Nonparticipating candidates exceeding limits, 106.355 Administrative penalties
Qualifications for funding, 106.33 Committees of continuous existence, violations,
Reporting requirements, 106.07, 106.35 106.04, 106.087
Request for funding, procedure, 106.33 Fines
Surplus campaign funds, disposition, 106.141 Constitutional amendment initiative sponsor
Voluntary abiding by limits without accepting public violations, 106.19, 106.265
funds, irrevocable statement, 106.353 Contribution limits, violations, 106.19, 106.29
Reports Expenditure violations, 106.087, 106.19, 106.36
Audits, 106.22 Generally, 106.265
Campaign treasurers, 106.04, 106.07, 106.0705 Judicial office candidates, violations, 105.071
Certification of incorrect, false, or incomplete reports, Reporting violations, 106.04, 106.07, 106.0701,
106.04, 106.07, 106.29 106.0705, 106.19, 106.29, 106.36
Committees making contributions or expenditures to Generally, 106.265
influence results, 100.111, 106.07 Rebates, ineligibility to receive, 106.087
Committees of continuous existence, 106.04, 106.07, Certificate of election, denial or rescission, 106.18,
106.0705 106.21
Elected officers, 106.075, 106.141 Criminal activities
Electioneering communications organizations, 106.011, Campaign treasurers, 106.04, 106.07, 106.19,
106.0703, 106.0705, 106.08 106.29
Elections, Division of, 106.22 Candidates, failure to file statement of understanding
Electronic filing, 106.07, 106.0705, 106.0706 of campaign financing provisions, 106.023
Expenditures, 100.111, 106.011, 106.04, 106.07, Committees of continuous existence, 106.04
106.0705, 106.071, 106.29 Complaints containing false allegations, 106.25
3
C INDEX C
CAMPAIGN FINANCING (Cont.) CANDIDATES (Cont.)
Unlawful acts; penalties (Cont.) Independent (no party affiliation) candidates (Cont.)
Criminal activities (Cont.) Presidential elections, 103.021
Confidential investigative information, disclosing, Qualification, 99.021, 106.08
106.25 Qualifying fees, 99.0955
Expenditure violations, 106.19 Judicial office
Financial reports, failure to submit, 106.18, 106.19, Ballot format, 105.041
106.21 Campaign contributions and expenses, 105.071,
Fund raisers, violations, 106.025 105.08
Generally, 106.08, 106.19 Conflicting statutory provisions, 105.10
Incorrect, false, or incomplete reports; certification, Definitions, 105.011
106.04, 106.07, 106.29 Endorsement or support by political. party, 105.09
Political party executive committees, 106.29 Nonpartisan office, 105.011
Speaking at political meetings, paying for privilege of, Oaths, 105.031
106.15 Party affiliation, 105.011, 105.041, 105.071
Surplus campaign funds, failure to dispose of, Petition for qualification, 105.035
106.141 Political activity by candidates, limitation, 105.071
Witnesses before Elections Commission, false Political party or organization activity on behalf of,
swearing, 106.26 105.09
Expenditure violations, 106.087, 106.19, 106.353, Qualifying dates and fees, 105.031, 105.035
106.36 Write-in candidates, 105.031, 105.041
False allegations with intent to injure reputation, Lieutenant Governor, 99.063, 100.111, 106.0701
106.265 Living expenses, defrayal from campaign funds, 106.1405
Generally, 106.19, 106.265 Minor party candidates
Public funding for statewide office, violations, 106.353, Apportionment year, signature requirements, 99.09651
106.36 Ballots, placing names on, 101.151, 101.2512, 103.021
Removal of candidate from ballot and disqualification, Generally, 99.096
106.18 Petitioning for qualification, 99.096, 103.021, 104.185
Unopposed candidates, funds disposal, 106.141 Presidential elections, 103.021
Withdrawal of candidate, funds disposal, 106.141 Qualification pending, determination notice, 106.08
Qualifying fees, 99.096
CANDIDATES National convention delegates, 103.101
Nomination
Advisory opinions, Division of Elections, 106.23 Certification, 99.121
Campaign expenses, reimbursement for, 106.021 Contesting, 102.168
Campaign financing provisions, filing of statement of County commissioners, 100.081
understanding, 106.023 County executive committees, endorsements or
Campaign fund raisers, 106.025 recommendations, 103.121
Contest of election by unsuccessful candidate, 102.168 President, 103.101
Deadline for qualifying, 99.061 Presidential electors, 103.021, 103.091
Death, 99.092, 100.111 Primary elections, 100.061
Defeated candidates, return of contributions, 106.08 Special primary elections, 100.102, 100.111
Definitions, 97.021, 105.011, 106.011 Vacancies in nomination or office, 100.101, 100.111,
Delegates to national convention, 103.101 100.141
Designation of office sought, 106.021 Nonpartisan candidates, placing names on ballots,
Disclosures 101.2512
Financial interests, 99.061, 99.063, 105.031 Oaths
Disqualification, 106.18 Form of oath, 99.021, 105.031
Donations to political parties or religious, charitable, or Generally, 99.021
civic groups, 106.08 Judicial office, 105.031
Election Code pamphlets, distribution, 97.025 Presidential and Vice Presidential write-in candidates,
Endorsements 103.022
Joint endorsements, 106.021, 106.087 Qualifying for nomination or election, 99.021, 99.097,
Judicial office candidates, 105.09 105.031
News media, 106.143 School board candidates, 105.031
Political advertisements, 106.021, 106.143 Officeholders, resign-to-run requirement, 99.012
Political party executive committees, 103.121 Opposition by party committees, 103.091
Unlawful acts; penalties, 103.121, 105.09, 106.143 Party assessments
False or malicious charges by opponents, complaint Amount, 99.092, 103.121
procedures, 104.271 Distribution, 103.121
Federal office candidates, 99.021, 99.061, 99.095 Exemptions, 99.061, 99.095
Gifts in memory of deceased persons, 106.08 Payment, 99.061, 99.092
Gubernatorial candidates, 99.063, 106.0701 Refund, 106.087
Independent (no party affiliation) candidates Remission to party executive committees, 99.103,
Apportionment year, signature requirements, 99.09651 100.111, 103.121
Ballots, placing names on, 99.0955, 101.151, Vacancy in nomination or office, filling, 100.111
101.2512, 103.021 Write-in candidates, 99.061
Generally, 99.0955 Petitioning for qualification
Petitioning for qualification, 99.0955, 103.021 Apportionment year, signature requirements, 99.09651
4
C INDEX
C
CANDIDATES (Cont.) CANDIDATES (Cont.)
Petitioning for qualification (Cont.) Removal, 100.111
Campaign depositories, designation and filing of name Resign-to-run requirement, public officers, 99.012
and address, 106.021 School board, 105.031, 105.035, 105.041, 105.051,
Campaign treasurer, appointment, 106.021 105.08
Contesting signatures verification, 99.097 Solicitation of charitable contributions, 106.08
Dates, 99.061, 100.111, 105.035 State, county, municipal, or district employees and
Fraud, investigation and prosecution, 97.012 officers; using services during working hours, 106.15
Generally, 99.095 State-owned aircraft and vehicles, use, 106.15
Groups or districts, candidates in, 99.095, 101.254, Surplus campaign funds, disposition, 106.141
105.035, 106.021 Travel on private aircraft, valuation for campaign
Independent (no party affiliation) candidates, 99.0955, financing purposes, 106.055
103.021 Unlawful acts; penalties
Judicial office, 105.031, 105.035 Communications media, unauthorized remuneration,
Minor party candidates, 99.096, 103.021 104.071
School board candidates, 105.035 Contributions to charitable or civic organizations,
Signatures verification, 99.095, 99.097 106.08
Signing more than once, 104.185 Gubernatorial candidates, failure to designate running
Special district office candidates, 99.061, 99.095 mate, 99.063
Special election to fill vacancy in office, 100.111 Judicial office candidates, 105.071, 105.09
Vacancy in office, 100.111, 100.141 News media, unauthorized payments or gifts to,
Political meetings, paying for speaking privilege, 106.15 104.071
Political party contributions, 106.08 Opposing candidates, false or malicious char es of
Poll watchers, designation, 101.131 election violations a ainst, 104.271 g
Polls and surveys, 106.17 Other candidates, unauhorized remuneration, 104.071
President and Vice President, 103.021, 103.022, 103.101 Petitions, signature violations, 104.185
Presidential electors, 103.021, 103.091
Public employees, 99.012 Political meetings, paying for speaking privilege, 106.15
Qualifying fees Poll-taking or publishing concerns, advocating or
Amount, 99.092, 99.093, 105.031 opposing candidate for pay, 104.071
Disposition, 99.061, 99.092, 99.093, 99.103 Promises to appoint or secure appointment for another,
Election assessments, 99.061, 99.092, 99.093, 104.071
105.031, 106.141 State, county, municipal, or district officers or
Exemptions, 99.095 employees; using services to further candidacy,
Filing fee, 99.061, 99.092, 105.031 106.15
Independent (no party affiliation) candidates, 99.0955 State-owned aircraft and vehicles, unauthorized use,
Judicial office, 105.031 106.15
Minor party candidates, 99.096 Support by persons or organizations, unauthorized
Municipal elections, 99.093 representation of, 106.143
Party assessments, 99.061, 99.092 Unopposed candidates, 101.151, 101.252, 106.08
Payment, 99.061, 99.092 Voting systems and automatic tabulating equipment,
Refund, 99.092, 106.087 preelection inspection and testing, 101.5612
School board candidates, 105.031 Withdrawal, 99.092, 100.111, 106.08, 106.141
State executive committees, remission to, 99.061, Write-in candidates
99.103 Judicial office, 105.031, 105.041
Vacancy in nomination or office, filling, 100.111 Oath, requirement, 99.021
Write-in candidates, 99.061 President and Vice President, 103.022
Qualifying for nomination or election Qualification, 99.021, 99.061, 99.0615, 103.022,
Campaign depositories, designation, 106.021 105.031
Campaign treasurer, appointment, 106.021 Qualifying fees, 99.061
Dates, 99.061, 100.111, 101.75, 105.031, 105.035 Residency requirement, 99.0615
Federal office candidates, 99.021, 99.061, 99.095 School board candidates, 105.031, 105.041
Generally, 99.061 Voting procedure, 101.5608, 104.19
Independent (no party affiliation) candidates, 99.021,
99.0955 CAREER SERVICE SYSTEM
Judicial office, 105.031, 105.035 Exempt positions
Minor party candidates, 99.096 Elections Commission, executive director and
National convention delegates, 103.101 attorneys, 106.24
Nonpartisan candidates, 105.031
Oath, 99.021, 99.097, 105.031 CERTIFICATES
Office of candidacy, designation, 106.021 Elections
Political party office, 103.091 Certificates of results, 102.071, 102.121, 102.151
Restrictions, 99.012
School board candidates, 105.031, 105.035 CHARITABLE CONTRIBUTIONS
Special district office candidates, 99.061, 99.095 State officers or candidates, acceptance of contributions
Vacancies in nomination, 100.111, 106.18 on behalf of charitable organizations, 106.0701
Vacancies in office, 100.111
Write-in candidates, 99.021, 99.061, 99.0615, 103.022, CHARITABLE INSTITUTIONS
105.031 Candidate surplus campaign funds, donation to, 106.141
5
C INDEX C
CHECKS COMMUNITY COLLEGES (Cont.)
Candidates for office, payment of filing fees, 99.061, Voter registration, 97.052, 97.0583
105.031
Political campaign contributions, 106.09, 106.35 COMMUNITY DEVELOPMENT DISTRICTS
Election costs, payment, 100.011
CHIEF FINANCIAL OFFICER
Campaign financing, 106.32, 106.33, 106.34, 106.35 COMPUTERS
Candidate petition signature verification, reimbursement Internet
of supervisor of elections for fees waived, 99.097 Campaign financing reports, electronic filing, 106.0705
Election, 100.041 Charitable organization solicitations by certain state
Membership on officers or candidates, disclosure on public website,
Political party state executive committee, 103.091 106.0701
Term of office, 100.041 Election forms, availability on, 97.026
Initiative financial information statements, 100.371
CIRCUIT COURT JUDGES State systems
Chief judge .Elections Commission, final orders and agency actions
Appointments database, 106.25
County canvassing board, substitute members, CONFIDENTIAL INFORMATION
102.141 Absentee ballots, record of requests and delivery
Recall of municipal or charter county officers, calling information, 101.62
special election to fill vacancies, 100.361 Campaign financing information, 106.0706, 106.25
Election contests, powers, 102.168 Election violation complaints and investigative
Merit selection and retention, local option, 101.161, information, 106.25
105.036, 105.102 Voter identification information, 97.0585
CIRCUIT COURTS CONGRESS
Appellate review Candidates' oath, 99.021
Voter registration, voter ineligibility determinations, Political party state executive committees, at-large
98.0755 membership, 103.091
CITIZENSHIP Representatives
Electors, 97.041 General election, 99.091
New offices, election for, 99.091
Voter registration, 97.041, 97.052, 98.075 Political party assessments, 103.121
CIVIL ACTIONS Qualification for election, 99.061
Vacancy in office, 100.101, 100.111
Campaign financing violations, 106.25, 106.27, 106.28 Senators
Political party county executive committee members, General election, 99.081, 100.161
wrongful removal, 103.141 Political party assessments, 103.121
Voter registration, 97.012, 97.023 Qualification for election, 99.061
CIVIL RIGHTS Temporary appointment, 100.161
Vacancy in office, 100.161
Voting rights, 104.0515
CLEMENCY CONSPIRACY
Election Code violations, 104.091
Executive Clemency, Board of, 98.093
Notice to Department of State for voter registration CONSTITUTION (FLORIDA)
purposes, 98.093 Amendment procedure
Elections, 101.161, 101.171
CLERKS OF CIRCUIT COURTS Revision commission, 101.161
Election, 98.093, 100.041 Oath to uphold, 97.051
Reports Revision Commission, 101.161
Voters, mental incapacity, 98.093
Terms of office, 100.041 CONSTITUTION (UNITED STATES)
Voter registration, duties, 98.093 Oath to uphold, 97.051
Presidential electors, 103.051
COERCION OR DURESS
Elections, interference with voter, 104.061 CONSTITUTION REVISION COMMISSION, 101.161
Public officers and employees, political pressure, 104.31
Voting rights, interterence with, 104.0515, 104.061 CONTEMPT
Election investigations, subpoena violations, 106.23,
COLLEGES AND UNIVERSITIES (INDEPENDENT) 106.26
Students
Voter registration, 97.052, 97.0583 CONVENTIONS
Voter registration, 97.052, 97.0583 Political parties, national convention delegates, 103.091,
103.101
COMMUNITY COLLEGES
Students CORRECTIONS, DEPARTMENT OF
Voter registration, 97.052, 97.0583 Voter registration system maintenance, duties, 98.093
6
C INDEX E
COUNTERFEITING DISABILITIES, PERSONS WITH (Cont.)
Voter information cards, 104.013 Poll worker training program on etiquette and sensitivity
issues, 102.014
COUNTIES Voter registration
Ordinances Offices serving persons with disabilities, 97.021,
Charter county governing board members, terms of 97.023, 97.052, 97.053, 97.058
office commencement, 100.041 Voting assistance eligibility, notation on voter
information card, 97.061
COUNTY COMMISSIONERS Voting assistance, 101.051, 101.715
Appointments Voting, provisional ballots, 101.048, 101.049
Canvassing board, substitute members, 102.141 Voting systems, voter interface devices, and polling
Election, 100.041 places accessibility, 101.56062, 101.56063,
Nomination, 100.081 101.56064, 101.56075, 101.715
Recall petitions and elections (charter counties), 100.361 DISASTERS
Term of office, 100.041
Absentee ballots to electors, mailing, 101.62
COUNTY COURT JUDGES DISCRIMINATION
Canvassing board, chair, 102.141
Merit selection and retention, local option, 101.161, Voting rights, deprivation of or interference with, 104.0515
105.036, 105.101 DRIVER LICENSES
COUNTY OFFICERS Address change, 97.057
Candidates for another office, resignation, 99.012 Application
Election, 100.041 Voter registration information, transfer to voter
Terms of office, 100.041 registration application, 97.057
Examiners, 97.057
COURT COSTS Motor voter law, 97.053, 97.057
Voter registration ineligibility determination proceedings, Offices, voter registration, 97.053, 97.057
98.0755 Renewal
Voter registration at time of renewal, 97.057
CREDIT CARDS Voter identification, 97.0585
Political campaign use, 106.04, 106.07, 106.11, 106.125 Voter registration, 97.053, 97.057, 97.0585, 98.045
CRIMES E
Election violations
Political party officers, violations by, 103.121, 106.29 EDUCATIONAL INSTITUTIONS
Employers, acts against employees, 104.081 Voter registration, 97.052, 97.0583
Political advertising violations, 106.071
Political party officers, violations by, 103.121, 106.29 ELECTION CODE
Political telephone solicitation violations, 106.147, Citation, 97.011
106.1475 Definitions, 97.021
Distribution, 97.025
CRIMINAL PROSECUTION Municipal elections, conduct governed by, 100.3605
Campaign financing violations, 106.27
Election violations, 106.27 ELECTIONS
Failure to prosecute, 106.25 Absentee ballots and voting
Voter registration violations, 106.27 Alteration, 104.0616
Assistance in casting ballot, 101.051, 101.655,
CUSTODIANS 101.661, 104.047
Voting systems, 101.34, 101.341 Assisted living facility residents, 101.655
Cancellation, elector voting in person, 101.69
Canvass of ballots, 101.5614, 101.68, 101.6925,
D 102.141
Challenge, 101.6104, 101.68
DEATH Change of residence to another state, 101.663
Candidate for office, filing fee refund, 99.092 Custody of marked ballot envelopes, 101.67, 101.68
Electors; effect on absentee ballots, early voted ballots, Deadline, 101.67
or mail ballot election ballots, 101.6103, 101.657, Death of elector, effect, 101.6103, 101.68
101.68 Delivery of ballots, 101.62, 101.64, 101.6921, 104.0616
Voter lists, purging, 98.045, 98.065, 98.075, 98.093 Disabilities, persons with, 101.65, 101.661, 101.662,
101.6923
DEBIT CARDS Duplicate ballots, 101.5614, 102.166
Campaign finance expenditures, using, 106.11 Electronic voting systems, 101.5612, 101.5614, 101.68
Envelopes, 101.6103, 101.64, 101.6921, 101.694
DISABILITIES, PERSONS WITH Federal postcard application, 101.694
Absentee ballots, 101.65, 101.661, 101.662, 101.6923 Forms, alternative formats, 97.026
Buildings and facilities accessibility Identification or certification, voters failing to provide,
Polling places, 101.56063, 101.715 101.6921, 101.6923, 101.6925
7
E INDEX E
ELECTIONS (Cont.) ELECTIONS (Cont.)
Absentee ballots and voting (Cont.) Ballots (Cont.)
Inspection of ballots by public, 101.572 Candidates' names (Cont.)
Instructions, form, 101.65, 101.6923 Presidential candidates, 103.021, 103.101
Mail ballot elections, 101.6103, 101.6105 Primary elections, 99.063, 101.151, 101.252,
Mailing or transmission of ballots, 101.6103, 101.62, 103.101
101.6952, 101.697 Removal, campaign finance violations, 106.18
Marksense absentee ballots, 101.151 Removal, resign-to-run violations, 99.012
Military personnel, 101.62, 101.64, 101.694 Replacement nominee, 100.111
Nursing home residents, supervised voting, 101.655 Unopposed candidates, 101.151, 101.252
Overseas residing citizens Write-in candidates, 99.061
Absentee envelopes, 101.694 Casting more than one ballot, 101.5611, 101.64,
Electronic transmission of absentee ballots, 101.697 101.6921, 104.17, 104.18
Emergency situations, absentee voting in, 101.698 Changing elector's ballot, 104.21
Mail ballot elections, 101.6103 Copies, printing or possession, 104.20
Mailing date of ballot, presumption, 101.6952 Cost of printing, 101.21
Mailing of ballots, 101.62 Counting, 101.5614, 101.6103
Notice of elections, 100.025 Destruction or defacing, 104.0615, 104.26
Oath in lieu of voter's certificate, 101.64 Display or exposure by elector, 104.20
Requests for absentee ballots, 101.62, 101.6952, Elector instructions, 101.031, 101.6103
101.697 Financial impact statements, 100.371, 101.161
Responsible office, 97.012 Forms, 101.048, 101.151
Voter's instructions, 101.65, 101.6923 Fraudulent ballot, voting or soliciting use, 101.5611,
Write-in absentee ballots, 101.6951 101.64, 101.6921, 104.16
Overvoted or undervoted races, treatment, 101.5614 General elections
Pecuniary or other benefits, offering or receiving in Candidates' names, printing on ballot, 100.051,
connection with, 104.0616 101.151, 103.021, 105.041
Precinct-level returns, 98.0981 Independent (no party affiliation) candidates,
Precincts of absent electors, tracking, 101.64 99.0955, 101.151, 103.021
Receipt by supervisor, deadline, 101.6103, 101.67 Judicial office, 101.161, 105.036, 105.041
Rejection of ballots, 101.68, 101.69 Minor party candidates, 101.151, 103.021
Requests for ballots, 101.62, 101.6951, 101.697, Nonpartisan offices, 105.041
104.0616 President and Vice President, 101.151, 103.021
Signature updates for use in verifying, deadline for Unopposed candidates, 101.151
receipt, 98.077 Grouping candidates for office, 101.254
Uniformed services personnel, responsible office, Identifying marks, placing on ballots, 104.20
97.012 Initiatives, 100.371, 101.161
Voter's certificate, 101.64, 101.68, 101.6921 Instructions for obtaining and using, 101.031, 101.6103
Voting absentee ballots, 101.661 Intermingling improper with proper ballots, 104.13
Voting in person after casting, 101.69, 104.17 Lost, stolen, destroyed, or misdelivered, 101.43,
Write-in absentee ballots, 101.6951 101.6103
Advisory opinions, Division of Elections, 106.23 Marksense ballots, 101.151, 101.5612
Agriculture, Commissioner of, 100.041 Minor party candidates, 101.151, 103.021
Attorney General, 100.041 Nonpartisan offices and nonpartisan candidates,
Ballots 105.041
Ballot box Number required, 101.21
Certificates of results, placement in, 102.071 Paper ballots, 101.21, 101.24
Concealing, prohibition, 100.011 President and Vice President, 101.151, 103.021,
Defacing, destroying, or removing, 104.22 103.022, 103.101
Opening to count ballots, 101.5614 Primary elections
Placement at polling places, 101.24, 101.5608 Candidates' names, printing on ballot, 101.252,
Ballot-on-demand technology, 101.151, 101.5612 103.101
Candidates' names Electors, political party affiliation, 101.021
Arrangement, 101.151, 103.021 Grouping candidates for office, 101.254
Certification of nominees' names, 99.121 Nonpartisan offices, 105.041
Change of name, 99.061, 105.031 Presidential preference primary, 103.101
Districts or groups, placement of candidates in, Specifications and format, 101.151
101.254 Unopposed candidates, 101.252
General elections, 100.051, 101.151, 101.2512, Printing errors or supply problems, reports, 102.141
103.021 Provisional ballots
Independent (no party affiliation) candidates, Canvass of returns, 101.049, 101.5614, 102.141
99.0955, 101.151, 101.2512, 103.021 Challenged voters, 101.048, 101.111
Judicial office candidates, 105.041 Disabilities, persons with, 101.048, 101.049
Minor party candidates, 101.151, 101.2512, 103.021 Free access system to determine if ballot was
National convention delegates, 103.101 counted, 101.048
Nonpartisan candidates, 101.2512, 105.041 Generally, 101.048
Political party executive committee candidates, Marksense ballots, printing at early voting sites,
101.252 101.151
8
E INDEX E
ELECTIONS (Cont.) ELECTIONS (Cont.)
Ballots (Cont.) Canvassing boards (county) (Cont.)
Provisional ballots (Cont.) Release of results before closing of polls, 101.5614,
Poll-closing time, voting after, 101.049 101.68
Recounts, 102.166 Retabulations or recounts, 102.141, 102.166
Signature of prospective voter, person refusing to Special election returns, 100.111
execute or file affidavit, 101.49 Unofficial returns containing counting errors, duties,
Signature updates for use in verifying, deadline for 102.141
receipt, 98.077 Certificates of election
Voters without identification or with unverified Campaign violations, withholding or rescission, 106.18,
identification numbers, 97.053, 101.043, 101.6925 106.21
Voting in person by person requesting absentee Contest, 102.168
ballot, 101.69 Injunction to enjoin issuance, 106.27
Public measures, 101.161 Issuance, 102.155
Recall elections, municipalities and charter counties, Preelection reports, granting prior to filing, 106.18
100.361 Prima facie evidence of election, 102.155
Rejected ballots, 101.048, 101.5608 Recording, 102.121
Removal from polling place, 104.20 Certificates of results, 102.071, 102.121, 102.151
Sample ballots, mailing and publication, 101.20 Chief elections officer, 97.012, 98.035
Secret ballots, 101.041, 101.6103 Chief Financial Officer, 100.041
Specifications, content, and format, 101.151 Civil actions
Spoil ballots, replacement limit, 101.5608 Campaign finance violations, 106.27, 106.28
Substitute ballots, 101.43 Enforcement actions, 97.012
Translation for language minority groups, statewide injunction actions, 97.012, 106.27
ballot issues, 101.2515 Mandamus actions, 97.012
Unopposed candidates, 101.151, 101.252 Petition signatures verification, contest, 99.097
Unused, void, or defective ballots, 101.5614 Political party county executive committee members,
Write-in candidates wrongful removal, 103.141
Blank space provided for, 101.151 Relief from violations, actions for, 106.25, 106.27
Casting, handwritten, 104.19 Clerks of circuit courts, 98.093, 100.041
Electronic voting systems, 101.5608 Community development districts, 100.011
Judicial office, 105.041 Complaints alleging violations, 106.25
Confidential information, 106.25
Name, printing on ballots, 99.061 Consent agreements involving violations, 106.25
President and Vice President, 103.022 Constitutional amendments, 101.161, 101.171
School board candidates, 105.041 Contesting election
Canvass of returns Electronic voting systems, procedure, 102.166
Absentee ballots, 101.5614, 101.68, 101.6925, 102.141 Generally, 102.168
Electronic voting systems, 101.5614 Inspection of absentee ballots by public, 101.572
Federal officers, 102.111, 102.121, 102.131 Judgment of ouster, 102.1682
Generally, 102.141, 102.151 Legislative elections, 102.171
Location, 101.5614, 102.141 Petition signatures, contest of verification, 99.097
Mail ballot elections, 101.6103, 101.6104 Pleadings, 102.168
Multi-county officers, 102.111 Quo warranto, remedy by, 102.169
Notice requirement, 102.141 Venue, 102.1685
Overvotes and undervotes, 101.5614, 102.166 County commissioners
Preliminary returns, 102.141 Appropriation to investigate election violations, 104.42
Provisional ballots, 101.049, 101.5614, 102.141 Canvassing board, membership, 102.141
Special elections, 100.111 Election and term of office, 100.041
State officers, 102.111, 102.121, 102.131 Election districts, approval, 103.091
Canvassing boards (county) Nomination, 100.081
Absentee ballots, canvass procedure, 101.5614, Recall petitions and elections (charter counties),
101.68,102.141 100.361
Audits of voting systems, duties, 101.591 Special elections, call by commissioners, 100.151
Canvass procedure, 101.5614, 101.68, 102.141 Voting precincts, creation and alteration, 101.001,
Certificate of results, 102.151 101.002
Contests of elections, indispensable party defendant, County officers, 99.061, 100.041
102.168 Criminal prosecution of violations, 97.012, 106.27
Early voting, duties, 101.657 Definitions
Electronic voting systems, duties, 101.5612, 101.5614 Campaign financing, 106.011
Errors in returns, certification of corrected returns, Election emergencies, 101.732
102.111 Electronic voting systems, 101.5603
Filing returns, 102.112, 102.141 Generally, 97.021
Mail ballot elections, duties, 101.6103, 101.6104 Judicial officer elections, 105.011
Malfunction or error reports, 102.141 Voting equipment purchasing, 101.292
Membership, 102.141 Early voting, 98.0981, 101.5613, 101.657, 101.69,
Misconduct of member as grounds for contesting 102.031
election, 102.168 Election boards, 101.5614, 101.68, 102.012, 102.014,
Provisional ballots, duties, 101.043, 101.048, 101.049 102.031, 102.071
9
E INDEX E
ELECTIONS (Cont.) ELECTIONS (Cont.)
Election Code, 97.011 Election officials (Cont.)
Election emergencies Supervised voting teams, 101.655
Absentee voting by overseas voters, 101.698 Training, 102.014
Change of polling place, 101.71, 101.74 Travel expenses, 102.021
Definitions, 101.732 Unlawful acts; penalties, 101.341, 101.5614, 101.68,
Elections Emergency Act, 101.731 104.051, 104.23, 104.29, 104.32
Emergency contingency plan, 101.733 Vacancy on election day, filling, 102.014
Notices, 101.71, 101.733 Voting system vendors, employment by, 101.341
Rescheduling election, 101.733 Voting systems, 101.34, 101.341
Returns filing deadline, determination, 102.112 Electors
Suspension or delay of elections, 101.733 Age, 97.041, 98.075
Election officials Assumed name, use, 104.24
Assisting electors, 101.051, 101.655 Blind persons, 101.051
Challenging voters, 101.048, 101.111 Bribery, menace, threat, or corrupt influence of
Clerks electors, 102.168, 104.061, 104.081, 104.31
Appointment, qualifications, and duties, 102.014 Challenge procedure, 101.111
Certification of precinct results, 102.071 Change of name or legal residence, 97.1031, 101.045,
Challenged voters, duties, 101.111 101.663
Election boards, membership, 102.012 Citizenship, 97.041, 98.075
Identification of voters, 101.043 Contesting election, 102.168
Oath of office, 102.012 Death; effect on absentee ballots, early voted ballots,
Persons assisting electors in voting, requirement of or mail ballot election ballots, 101.6103, 101.657
oath, 101.051 Disabilities, electors with, 97.061, 101.048, 101.049,
Recruitment, 102.014 101.051
Solicitation at polling places or early voting sites, Display or exposure of ballot, 104.20
duties, 102.031 Disqualification, 97.041, 98.075
Substitute ballots, 101.43 Failure to vote, re istration status, 98.065
Training, 102.014 Felons, 97.041, 98.045, 98.075, 98.093
Voter identification, 101.49, 101.5608 Freeholders, 100.241
Compensation, 102.021 Illiterate electors, 97.061, 101.051
Disclosure of elector's vote, 104.23
Election boards, 101.5614, 101.68, 102.012, 102.014, Judicial elections, eligibility to vote in, 105.061
102.031, 102.071 Mental incapacity, 97.041, 98.075, 98.093
Elector signature identification, duties, 101.5608 Oath, 97.051, 101.051, 101.49, 101.64
Elector voting in person after receiving absentee ballot, Overseas residing citizens, notice of elections, 100.025
duties, 101.69 Qualifications, 97.041, 104.0515
Electronic voting systems, duties, 101.5610, 101.5613, Residency, 97.041, 98.075
101.5614 Right to vote, 104.0515
Eligibility for appointment, 102.012 School board elections, eligibility to vote in, 105.061
Influencing or interfering with ballot voting, 104.051 Signature on file, updating, 98.077
Inspection of ballots, 101.5610 Total number, certification, 106.34
Inspectors Electronic voting systems
Appointment, qualifications, and duties, 102.014 Absentee ballots, 101.5612, 101.5614, 101.68
Ballots, 101.5608, 102.071 Adoption by county commissioners, 101.5604
Certification of precinct results, 102.071 Audits, 101.591
Challenged voters, duties, 101.111 Ballots
Election boards, membership, 102.012 Absentee ballots, 101.5614, 101.68
Identification of voters, 101.043 Canvassing and counting, 101.5614
List of electors voting, 101.23 Damage or error by voter, 101.5606, 101.5608,
Oath of office, 102.012 101.5614
Persons assisting electors in voting, requirement of Inspection before polls open, 101.5610
oath, 101.051 Instruction for use, 101.5608, 101.5611
Recruitment, 102.014 Manual counting, damaged ballot cards, 101.5614
Training, 102.014 Marksense ballots, 101.151, 101.5606, 101.56075,
Voter identification, 101.49, 101.5608 101.5608, 102.141
Instruction to voters, provision, 101.5608, 101.5611 Overvotes or unden/otes, treatment, 101.5606
Maintaining order at polls, 102.031 Provisional ballots, 101.048, 101.5614
Misconduct as grounds for election contest, 102.168 Rejected ballots, 101.5606, 101.5608
Neglect of duty or corrupt practices, 102.168, 104.051 Specifications, 101.151
Oath of office, 102.012 Spoil ballots, replacement limit, 101.5608
Poll opening and closing procedures, 100.011 Tabulator, placement in, 101.5608
Poll watchers, 101.111, 101.131, 104.0615, 104.29 Touchscreen ballots, 102.141
Polling place management, 101.71 Unused, void, or defective ballots, 101.5614
Qualifications, 102.012 Write-in candidates, 101.5608
Rejected ballots, duties, 101.5608 Canvassing board, duties, 101.5612, 101.5614
Signature of prospective voter in question, 101.49 Computer hardware, 101.015, 102.141, 102.166
Staffing shortages or procedural violations by Computer software, 101.015, 101.5607, 102.141,
employees or precinct workers, reports, 102.141 102.166
10
E INDEX E
ELECTIONS (Cont.) ELECTIONS (Cont.)
Electronic voting systems (Cont.) Freeholders, 100.241
Contest and recount procedures, 102.166 General elections
Definitions, 101.5603 Bond referendum combined with, 100.261
Election officials, 101.5610, 101.5613, 101.5614 Cabinet officer, 100.041
Electronic Voting Systems Act, 101.5601 Dates for holding, 100.031
Equipment Governor, 100.041
Approval, 101.015, 101.5604, 101.5605 Holding, 100.031
Computer hardware, 101.015, 102.141, 102.166 Initiatives, 100.371
Construction standards, 101.5606 Judgment of ouster, 102.1682
Examination, 101.5605, 101.5613 Judicial office, 105.051
Inspection and testing prior to election or recount, Legislators, 100.041
101.5612, 102.141 Notice, 100.021
Malfunctions, reports, 102.141 Polls, opening and closing time, 100.011
Instructions to voters, 101.5608, 101.5611 Precinct-level results, 98.0981
Legislative intent, 101.5602 President and Vice President, 103.011
Political party computer expert, presence at testing and State and county officers, 100.041
vote counting, 101.5612 Tie votes, 100.181
Polling place, 101.71 United States Representatives, 99.091
Preelection or prerecount inspection and testing, United States Senators, 99.081
101.5612, 102.141 Winner, determination, 100.181
Programs and ballots used in testing, custody, Write-in candidates, 101.151
101.5612 Governor
Provisionally approved system, 101.015 Election and term of office, 100.041, 101.595
Punch card type systems, prohibition, 101.56042 Election emergencies, powers, 101.733
Purchase, procurement, and use, 101.5604 Elections Canvassing Commission, member, 102.111
Requirement, 101.5604 Lieutenant Govemor, running jointly, 101.151
Requirements for approval, 101.5606 Presidential electors, duties, 103.021, 103.051, 103.061
Returns, canvass and post results, 101.5614 Protested election, revocation of ousted officer's
Review of system, 101.5607 commission, 102.1682
Secret voting, 101.5606 Special elections, 100.111, 100.141
Security guidelines, 101.015, 101.5614 Special investigation officers, appointment, 102.091
Standards and certification, 101.015, 101.017, 102.166 United States Senate vacancies, calling election and
Tabulation, 101.5604, 101.5606, 101.5612, 101.5614 temporary appointment, 100.161
Transmission of returns, 101.5614 Grand jury investigation, alleged violations, 104.43
Voting procedure, 101.5608 House of Representatives (state), 100.041, 100.101,
Write-in candidates, 101.5608 100.111
Enforcement of statutory provisions, 97.012 Initiatives
Expenses Financial impact statements, 100.371, 101.161
Community development districts, 100.011 Financial information statements, 100.371
County and state offices, payment, 100.011 Judicial selection initiatives, 101.161, 105.036
Freeholder elections, generally, 100.241 Petitions
Mail ballot elections, 101.6102 Forms, signatures, and signature revocations; validity
Petition signature challenge, 99.097 and verification, 100.371, 105.036
Special districts, generally, 100.011 Judicial selection initiatives, 105.036
Special election or special primary election, 100.102 Paid circulators, use, 106.19
Forms Signatures gathered for, effect of ch. 97-13, Laws of
Absentee voter's certificate, 101.64, 101.6921 Florida, 106.191
Absentee voting instructions, 101.65, 101.6923 Political committee sponsors, 100.371, 105.036, 106.19
Alternative formats and Internet availability, 97.026 Private property, initiative activity on, 100.371
Campaign financing requests, statewide elections, Procedure for placement on ballot, 100.371
106.33 Validity, Supreme Court advisory opinion, 100.371
Candidate oath, 99.021, 105.031 Investigations, 97.012, 101.58, 102.091, 104.42, 104.43,
Change of name or legal residence of registered 106.07, 106.25
elector, 101.045 Judges
Declaration to secure assistance, 101.051 Ballots, 101.161, 105.036, 105.041
Elector affidavit, 101.49 Circuit courts and county courts
Initiative petitions, 100.371 Direct election or merit selection and retention, local
Precinct register, 98.461 option, 101.161, 105.036
Provisional ballot voter's certificate and affirmation, Generally, 105.051
101.048 Initiatives for judicial selection, 105.036
Uniform ballot forms, 101.151 Transition provisions, 105.101, 105.102
Voter challengers, oath, 101.111 Unopposed candidates, 105.051
Fraud Conflicting statutory provisions, 105.10
Assumed name, use, 104.24 Definitions, 105.011
Contest of election, 102.168 Electors qualified to vote for judges, 105.061
Investigations or examinations, 97.012 General election, 105.051
Records, fraudulent entries, 104.22 Nonpartisan office, 105.011
11
E INDEX E
ELECTIONS (Cont.) ELECTIONS (Cont.)
Judges (Cont.) Polling places (Cont.)
Primary election, 105.051 Polling procedures manual, availability, 1.02.014
Retention elections, 105.041, 105.051 Polling rooms, admission and photography, 102.031
Supreme Court justices, 105.041, 105.051 Results posted at polls, 102.071
Law enforcement officers, duties, 102.031, 102.101, Sample ballots, 101.20
104.11 Sign denoting location, 101.71
Legislators, 100.041, 100.101, 100.111 Site selection standards, 101.715
Lieutenant Governor, 101.151, 101.595 Soliciting votes, voters, opinions, contributions, or
National convention delegates, 103.101 petition signatures at or near polls, 101.051, 102.031
Notices Voter interface devices for persons with disabilities,
Ballot, publishing, 101.20 accessibility, 101.56062, 101.56075
Candidates endorsed for nomination by county Precincts
executive committees, 103.121 Audits of voting systems, 101.591
Election emergencies, 101.71, 101.733 Boundaries and boundary changes, 101.001
General election, 100.021 Consolidation of smaller precincts, 101.001
Overseas residing citizens, notice of elections, 100.025 Early voted ballots, tracking, 101.657
Poll opening time, 100.011 Early voting results, reporting, 101.657
Polling place, change, 101.71 Election boards, 101.5614, 101.68, 102.012, 102.014,
Public officeholders, resignation to qualify for another 102.031, 102.071
office, 99.012 Elections results on precinct level, compilation, 98.0981
Registration, 97.073, 97.1031, 98.065 Electors voting absentee ballots, tracking, 101.64
Rejection of elector's absentee ballot as illegal, 101.68 Mapping, 101.001
Special election, 100.141, 100.151 Municipal, boundaries, 101.002
Violation investigations and hearings, 106.25 Numbering, 101.001
Voter fraud, penalties, 101.5611 Poll watchers, 101.131
Voting equipment preparation and testing, 101.5612 Registration records
Voting precincts, change, 101.001 Furnishing to precincts, 102.012
Voting system audits, 101.591 Precinct registers, 97.061, 98.461, 101.043, 101.49
Oaths Return after polls close, 102.071
Administration and attestation, 101.665 Statistical data compilation on precinct level, 98.0981
Assistance to electors, persons providing, 101.051 President and Vice President
Clerks and inspectors, 102.012 Ballots, 101.151, 103.021, 103.022, 103.101
Election board members, 102.012 Canvass of election retums, 102.131
Elections, Division of; authority of representatives to Change of residence to another state, effect on voting,
101.663
administer, 106.23 Date for general election, 103.011
Electors, 97.051, 101.051, 101.49, 101.64 Date for primary election, 103.101
False swearing, 104.011 Independent (no party affiliation) candidates, 103.021
Military personnel voting absentee ballots, 101.64 Minor political party candidates, 103.021
Overseas residing citizens voting absentee ballots, National convention delegates and alternates, 103.101
101.64 Overvotes and undervotes, 101.595
Voter challengers, 101.111 Primary election, 98.0981, 103.101
Petitions, recall elections; municipalities and charter Vacancies in offices, special election, 100.101
counties, 100.361 Write-in candidates, 103.022
Petitions, signature violations, 100.361, 104.185 Presidential Candidate Selection Committee, 103.101
Poll list, 101.23, 102.071 Presidential electors
Poll watchers, 101.111, 101.131, 104.0615, 104.29 Absence from meeting place, 103.061
Polling places Canvass of election retums, 102.131
Accessibility, 101.56063, 101.71, 101.715 Certification of election, 103.011
Ballot box, 100.011, 101.24, 101.5608, 104.22 Date of election, 103.011
Change of location, 101.001, 101.71, 101.74 General election ballot, appearance on, 103.021
Closing procedure, 100.011 Meeting, 103.051
Closing time, voting after, 101.049 Minor political parties, 103.021
Constitutional amendments, availability of copies, Nomination, 103.021, 103.091
101.171 Notice of readiness to perform duties, 103.061
Distributing political or campaign material near polls, Qualifications, 103.021
102.031 Special election, 100.101
Early voting areas or early voting sites, 101.051, Travel expenses, 103.071
101.131, 101.151, 101.171, 101.657, 101.69, Vacancy, 100.101, 103.021, 103.061, 103.062
102.031 Presidential preference primary, 103.101
Election board preopening duties, 102.012 Primary elections
Emergency relocation, 101.71, 101.74 Ballot specifications and format, 101.151
Law enforcement officers, presence, 102.031, 102.101 County commissioners, nomination, 100.081
Location and physical accommodations, 101.71, Date, 100.061
101.715 Electors, political party affiliation, 101.021
Maintenance of order, 102.031 Grouping of candidates on ballot, 101.254
Opening and closing hours, 100.011 Gubernatorial candidates, running without Lieutenant
Persons allowed to vote, 102.031 Governor candidates, 99.063
12
E INDEX
E
ELECTIONS (Cont.) ELECTIONS (Cont.)
Primary elections (Cont.) Special elections
Judicial office, 105.051 Applicable statutory provisions, 100.191
National convention delegates, congressional district Bond issue combined with special election, 100.261
level, 103.101 Canvass of returns and declaration of nominees,
Polls, hours of operation, 100.011 100.111
Precinct-level results, 98.0981 County commissioners, call by, 100.151
Presidential preference, 98.0981, 103.101 Date, 100.101, 100.111, 100.141
Returns, filing deadline, 102.112 Early voting, 101.657
School board members, 105.051 Governor, call by, 100.111, 100.141
Special primary elections, 100.101, 100.102, 100.111, Municipal governing authority, call by, 100.151
100.141 Notice, 100.141, 100.151
Tie vote, 100.061 Polls, hours of operation, 100.011
Time, 100.061 Precinct-level results, 98.0981
Unopposed candidate, 101.252 Recall elections, municipalities and charter counties,
Vacancies in nomination, 100.111 100.361
Property appraisers, 100.041 Registration books, availability, 100.151
Recall elections, municipalities and charter counties, Return of results, 100.111
100.361 State reimbursement of counties, 100.102
Records Vacancies, filling, 100.101, 100.102, 100.111, 100.141
Committees of continuous existence, 106.04 State, Department of
Contributions and expenses, 106.06 Absentee ballots, alternative formats, 101.662
Elections Commission hearings, 106.26 Ballot specifications, 101.151, 103.101
Electronic tabulation devices, preelection testing Candidate filing fees, disposition, 99.103, 105.031
records, 101.5612 Candidates qualifying for election, report, 99.092
Retention period, 98.015 Certificates of election, recording, 102.121
Stealing, destroying, or making fraudulent entries, Constitutional amendments, 101.161, 101.171
104.22 Deputies to examine registration and election
Representatives (state), 100.041, 100.101, 100.111 processes, 101.58
Resign-to-run requirement, public officers, 99.012 Election Code pamphlets, distribution, 97.025
Results Electronic voting systems
Absentee ballots, 101.68, 102.141 Approval, 101.5605, 101.5606
Canvassing Commission, duties, 100.111, 100.191, County voting systems, compliance review, 101.5607
102.111, 102.121, 102.131, 102.141 Examination, 101.5605
Certificates, 102.071, 102.121, 102.151 Performance report, preparation, 101.595
Certification by county canvassing boards, 102.141, Rulemaking authority, 101.015, 101.5608, 102.166
102.151 Software development, 101.5607
Certification by federal and state officers, 102.121, Unofficial returns containing counting errors,
102.131 tabulation software verification, 102.141
Voting system information, maintenance, 101.5607
Count watchers, denial of privilege or interference with, Examination of election and registration processes,
104.29 deputies for, 101.58
Early release, 101.6103, 101.657, 101.68 Forms, Internet availability, 97.026
False or irregular returns, certification, 102.131 Independent (no party affiliation) candidates, duties,
Filing deadlines, 102.112, 102.141 106.08
Fraudulent entry or alteration of record tally sheets, Minor party candidates, duties, 106.08
10422 Nominees, certification, 99.061, 99.121
Judicial nonpartisan elections, 105.051 Notice of elections, publication, 100.021, 100.141
Posting results, 101.5614, 102.071 Overvote and undervote identification and sorting
Precinct-level results, 98.0981 hardware and software, certification, 102.166
Release before closing of polls, 101.5614, 101.68 Political party executive committee filings, 103.101,
Retabulations or recounts, 102.141, 102.166 103.121
State, Department of; duties, 100.351, 102.112, Poll worker training program, development, 102.014
102.151 Precinct-level election results and book closing
Supervisor of elections, transmission by, 102.151 statistics, public availability, 98.0981
Tabulation of votes, 101.5614, 102.071 Premises, records, equipment, and staff of supervisor
Right to vote, 104.0515 of elections; access by employees, 101.58
Senators (state), 100.041, 100.101, 100.111 Presidential electors, certification, 103.011
Sheriffs Results of election, duties, 100.351, 102.112, 102.151
Compensation of deputies, 102.021 Special elections, duties, 100.102, 100.111, 100.141
Duties, generally, 102.091 Statistical information, furnishing, 98.212
Election and term of office, 100.041 Uniform polling place procedures manual, duties,
Entry to polling places or polling rooms, limitation, 102.014
102.101 Voting equipment, certification for use, 101.294
Maintenance of order, 102.031 Voting history information reports, 98.0981
Neglect of duties, 104.11 Voting system performance reports, preparation,
Notice of general election, posting, 100.021 101.595
Refusal to assist sheriff or deputy at polls, 104.101 State, Secretary of; duties, 97.012, 101.001, 101.151,
Training for deputies, 102.014 101.58, 103.101, 105.036, 106.24
13
E INDEX E
ELECTIONS (Cont.) ELECTIONS (Cont.)
Statistical information, furnishing, 98.212 Unlawful acts; penalties (Cont.)
Supreme Court justices, 105.041, 105.051 Voting (Cont.)
Tax collectors, 100.041 Assumed name, use, 104.24
Time limitation for filing complaints of violations, 106.25 Buying votes, 104.061
Unlawful acts; penalties Carrying items into voting booth, 104.19
Aiding, abetting, advising, or conspiring violations, Casting more than one ballot, 101.5611, 101.64,
104.091 101.6921, 104.17, 104.18
Ballots Changing elector's vote, 104.21
Absentee ballots, 104.0616, 104.17 Denial of right to vote, 104.0515, 104.0615
Ballot boxes; defacing, destroying, or removing, Disclosure of elector's vote, 104.20, 104.23
104.22 Employers, discharging or threatening to discharge
Casting more than one ballot, 101.5611, 101.64, employees for voting, 104.081
101.6921, 104.17, 104.18 Fraud in casting vote, 101.5611, 101.64, 104.041,
Changing elector's ballot, 104.21 104.16, 104.24
Copies prepared to be voted, printing or possessing, Interference with free exercise of right to vote,
104.20 104.0515,104.061,104.0615
Counting, refusal to allow watchers, 104.29 Selling vote, 104.045
Defacing or destroying ballot, 104.0615, 104.26 Soliciting voters at or near polling places or early
Delaying or obstructing delivery, 104.0615 voting sites, 101.051, 102.031
Display or exposure by elector, 104.20 Stickers or rubber stamps, use on ballot, 104.19
Fraudulent ballot, voting or attempting to vote, Threats to influence voter, 104.061, 104.0615,
101.5611, 101.64, 101.6921, 104.16 104.081, 104.31
Identifying marks, placing on ballots, 104.20 Unqualified elector, voting by, 104.15
Improper ballots, placing in ballot box or intermingling Write-in ballot in other than handwriting, 104.19
with proper ballots, 104.13 Voting booths or compartments; defacing, destroying,
Record tally sheets and returns; altering, destroying, or removal, 104.26
or stealing, 104.22 Voting equipment or voting systems, 101.295, 101.341,
Removal from polling place, 104.20 104.30
Write-in ballots, casting other than in handwriting, Vacancies in office
104.19 Elective offices not filled by appointment, 100.111
Challenges to right to vote, frivolous filing, 101.111 Legislature, 100.101, 100.111
Community development districts, failure to pay Presidential electors, 100.101, 103.021, 103.061,
election expenses, 100.011 103.062
Complaints containing false allegations, 106.25 Recall elections, municipalities and charter counties,
Confidential investigative information, disclosure, 100.361
106.25 Special elections, 100.101, 100.102, 100.111, 100.141
Election officials, 101.341, 104.051, 104.0615, 104.23, U.S. House of Representatives, 100.101, 100.111
104.29, 104.32 U.S. Senate, 100.161
False allegations with intent to injure reputation, Voting
106.265 Assistance, 97.061, 101.051, 101.655, 104.031
Generally, 104.41, 106.265 Buying votes, 104.061
Law enforcement officers, neglect of duty, 104.11 Carrying mechanical devices, memoranda, or papers
Law enforcement officers, refusal to assist, 104.101 into voting booth, 104.19
Mail ballot election results, early release, 101.6103 Casting more than one ballot, 101.5611, 101.64,
Municipal recall elections, 100.361 101.6921, 104.17, 104.18
Oath, false swearing to, 104.011 Challenging voters, 101.048, 101.111, 104.0615
Petitions, signature violations, 100.361, 104.185 Changing elector's vote, 104.21
Political party officers, 103.121, 106.29 Deprivation of voting rights, 104.0515
Poll-taking or publishing concerns, advocating or Disabilities, persons with, 101.048, 101.049,
opposing candidate for pay, 104.071 101.56062, 101.56063, 101.56064, 101.56075,
Public officers and employees, political activities, 101.715
104.31 Disclosure of elector's vote, 104.23
Results, release before closing of polls, 101.5614, District, 101.045
101.6103, 101.68 Early voting, 98.0981, 101.5613, 101.657, 101.69,
Soliciting votes, voters, opinions, contributions, or 102.031
petition signatures at or near polling places or early Educational programs, 98.255
voting sites, 101.051, 102.031 Employers, discharging or threatening to discharge
Special districts, failure to pay election expenses, employees for voting, 104.081
100.011 Fraud
Supervisors of elections, 104.051, 104.32 Absentee ballots, 101.64, 101.6921
Voter information card; destruction, sale, or Assumed name, use, 104.24
unauthorized use, 104.013 Criminal prosecution of violations, 97.012
Voting Election fraud education, 97.012
Absentee and in-person ballots by same elector, Fraudulent ballot, voting, 104.16
104.17 Investigations, 97.012
Assistance, false declaration for, 104.031 Notice to voters, 101.5611, 101.64
Assisting elector in voting booth, unauthorized Penalties, 101.5611, 101.64, 104.041, 104.16,
persons, 101.051 104.24
14
E INDEX E
ELECTIONS (Cont.) ELECTIONS CANVASSING COMMISSION (Cont.)
Voting (Cont.) Membership, 102.111
Fraud (Cont.) Recounts, duties, 102.141
Reward for information leading to conviction, 106.24 Rulemaking authority, 101.698
State, Secretary of; duties, 97.012 Special election returns, 100.111, 100.191
Voter fraud hotline, 97.012
Freeholder, 100.241 ELECTIONS COMMISSION
Help America Vote Act of 2002, procedures on Budget, 106.24
complaints of violations, 97.028 Campaign financing contributions denial, appeal, 106.35
History of voting, 98.0981 Campaign financing violations, duties, 106.04, 106.07,
Identification of electors 106.25, 106.26, 106.265, 106.29
Absentee voters, 101.6925 Campaign treasurers' accounts, inspection, 106.06
Confidentiality of identifying information, 97.0585 Complaints by aggrieved candidates, 104.271
Early voting, 101.657 Confidentiality of complaints and proceedings, waiver,
Generally, 101.043 106.25
Mail-registered first-time voters, 97.052, 97.0535 Creation, 106.24
Signature of voter, 97.0585, 101.043, 101.49 Election violations, duties, 106.25, 106.26, 106.265
Instructions to elector, 101.031, 101.048, 101.6103 Executive director, 106.24, 106.25
Interference with voting, 101.71, 104.0515, 104.061, Final orders and agency actions database, maintenance,
104.0615 106.25
Legal residence change, procedure, 101.045, 101.663 Hearings
Marksense ballots, use of marking devices, 101.56075 Campaign financing violations, 106.04, 106.07, 106.25,
Name change, procedure, 101.045 106.26, 106.29
Overvotes and undervotes, 101.5606, 101.5614, Election violations, 106.25, 106.26
101.595, 102.166 False or malicious charges against opponents, 104.271
Poll list of electors, 101.23, 102.071 Single commissioner or partial panel, hearings before,
Poll watchers, 101.131 106.24
Precincts, 101.045 Voter registration violations, 106.25, 106.26
Provisional ballots, 101.045, 101.048, 101.69 Jurisdiction, 106.165, 106.25
Right to vote, 104.0515 Meetings, 106.24
Secret vote, 101.041, 101.5606 Membership, 106.24
Selling votes, 104.045 Oaths, authority to administer, 106.26
Signature identification, 101.5608 Penalties, assessment, 106.26, 106.265
Soliciting votes near polls, 102.031 Powers and duties, 106.25, 106.26
Stickers or rubber stamps, use in casting ballot, 104.19 Quorum and voting, 106.24
Supervision, 101.58 Rulemaking authority, 104.271, 106.24, 106.26
Threats to influence voter, use, 104.061, 104.0615, Service of process and orders, 106.26
104.081, 104.31 Staff, 106.24
Time polls open and close, 100.011 Subpoena power, 106.26
Unqualified elector, voting by, 104.15 Trust Fund, 99.092, 99.093, 105.031, 106.24
Voter Protection Act, 104.0615 Voter registration violations, duties, 106.25, 106.26,
Write-in candidates, 101.5608, 104.19 106.265
Voting booths, 101.051, 101.51, 101.71, 104.19, 104.26
Voting systems and equipment ELECTIONS, DIVISION OF
Acquisition, 101.293, 101.294, 101.295 Campaign depository records, inspection, 106.07
Audits, 101.5911 Campaign financing, powers and duties; generally,
Custodians, 101.34, 101.341 106.22, 106.23, 106.33, 106.35
Definitions, 101.292 Campaign reports, electronic filing system, 106.0705
Disabilities, persons with; voting systems and Campaign treasurers' accounts, inspection, 106.06
accessibility, 101.56062, 101.56075 Candidate petitions for qualification, duties, 99.095
Election officials, 101.34, 101.341 Committees of continuous existence, duties, 106.04
Inspection and testing, 101.5612, 101.58, 102.141 County canvassing boards, reports to, 102.141
Keys, 104.30 Elections Canvassing Commission, staff services for,
Malfunctions, reports, 102.141 102.111
Possession, unauthorized, 104.30 Initiative petition duties, 100.371
Purchase, use, and sale standards, 101.293, 101.294 Investigations, 97.0575, 106.23
Standards and certification, 101.017, 101.294 Judicial office candidates, duties, 105.031, 105.035
Tampering, 104.30 Oaths, authority to administer, 106.23
Uncertified voting systems, 101.294, 101.295 Poll worker training curriculum, development, 102.014
Vendors, 101.294, 101.295, 101.341 Registered voters, certification of total number, 106.34
Witnesses, election violations, 104.39 Rulemaking authority
Campaign financing, 106.04, 106.35
ELECTIONS CANVASSING COMMISSION Campaign reports, electronic filing, 106.0705
Certifying election results, 102.111, 102.121 Committees of continuous existence, revocation of
Contests of elections, indispensable party defendant, certification, 106.04
102.168 Elections emergency contingency plan, 101.733
Deadline for filing returns, setting, 102.112 Generally, 106.22
False or irregular returns, duties, 102.131 Initiative petition-revocation form, 100.371
15
E INDEX E
ELECTIONS, DIVISION OF (Cont.) ELECTIONS, SUPERVISORS OF (Cont.)
Rulemaking authority (Cont.) Materials retention or destruction, 101.545
Political committees, dissolution, 106.03 Minor party candidates, duties, 106.08
Voter registration by third-party organizations, 97.0575 Municipal elections, duties, 101.002
Voting equipment, 101.294 Nominees, certification from Department of State, 99.121
School board candidates, duties, 105.035 Oath, 98.015
Subpoena power, 106.23 Oaths, authority to administer, 101.665
Telephone solicitor registered agent forms, duties, Office hours, 98.015
106.1475 Overvotes and undervotes, reports, 101.595
Third-party voter registration organizations, duties, Petition signatures, verification, 99.095, 99.097, 103.021,
97.0575 105.035
Voter registration applications or changes, acceptance, Petitions, retention period, 99.097
97.053 Poll watchers, 101.131
Voting equipment purchase, use, and sale; duties, Pollworker recruitment and training, duties, 102.014
101.293, 101.294 Precinct boundary changes, 101.001
Voting Systems Certification, Bureau of, 101.017 Recall petitions in municipalities and charter counties,
Voting systems, duties, 101.015 signature verification, 100.361
Results, release before closing of polls, 101.5614, 101.68
ELECTIONS, SUPERVISORS OF Results, transmission, 102.151
Absentee ballots, 101.62, 101.64, 101.6921, 101.6925, School board elections, duties, 105.035
101.6952, 101.697 Seal, 98.015
Ballots Security procedures, 101.015
Absentee ballots, duties, 101.64, 101.6921, 101.6925, Solicitation at polling places or early voting sites, duties,
101.6952,101.697 102.031
Box, duty to furnish, 101.24, 101.5608 Special district elections, duties, 100.011
Box, sealing and delivery to counting location, Special elections, notice, 100.141, 100.151
101.5614 Statistical information, furnishing, 98.212
Candidates' names, placement, 101.2512 Supervised voting for assisted living facility and nursing
Illegal absentee ballots, notice to electors, 101.68 home residents, duties, 101.655
Inspection by public, duties, 101.572 Uniform polling place procedures manual, availability to
Mail ballot elections, duties, 101.6103 precincts, 102.014
Printing, 100.051, 101.21 Unlawful acts; penalties
Provisional ballots, duties, 101.048, 101.049 Interfering with or influencing voter, 104.051
Sample ballot, publishing, 101.20 Release of election results before closing of polls,
Candidate filing fees, duties, 105.031 101.5614, 101.68
Candidate list, submission to Department of State, 99.092 Voter registration records, refusal to deliver to
Certificates of election, issuance, 102.155
Challenging voters, duties, 101.111 successor, 104.32
Community development district elections, duties, Voter educational programs, duties, 98.255
100.011 Voter's Bill of Rights and Responsibilities, posting at each
Compensation polling place, 101.031
Payment by county, 98.015 Voting equipment testing, notices, 101.5612
Constitutional amendments, availability at polling rooms Voting systems, custodian, 101.34
or early voting areas, 101.171 Write-in voting, duties, 101.5608
County canvassing boards, members, 102.141
County voting system filings, duties, 102.141 EMERGENCIES
Delivery of registration books to successor, refusal, Voting equipment purchases, 101.293
104.32
Deputy supervisors, 98.015, 101.5614, 101.665, 101.68 EMERGENCY MANAGEMENT
Duties, generally, 98.015 Definitions, 101.732
Early voting at offices of, 101.657 Governor
Election, 98.015 Elections; suspension, delay, or rescheduling, 101.733
Election boards, appointment, 102.012, 102.014
Election clerks, inspectors, and deputy sheriffs; training ESTIMATING CONFERENCES
and certification, 102.014 Financial Impact Estimating Conference, 100.371,
Election Code pamphlets, distribution, 97.025 101.161
Election districts, provision, 103.091
Electronic voting systems, use of provisionally approved ETHICS IN GOVERNMENT
system, 101.015 Candidates for public office
Independent (no party affiliation) candidates, duties, Financial interests, disclosure, 99.061, 99.063, 105.031
99.0955, 106.08 Disclosure
Influencing or interfering with ballot voting, 104.051 Financial interests, generally, 99.061
Initiative petitions, duties, 100.371, 105.036
Judicial office candidates, duties, 105.035 EVIDENCE
Mail ballot elections, duties, 101.6102, 101.6103 Bond referenda results, 100.291
Mail-registered voters, notification of identification Presumptions
requirements, 97.0535 Absentee ballots from overseas voters, date of mailing,
Malfunction or error reports, 102.141 101.6952
16
F INDEX
I
F GIFTS (Cont.)
Voting, influencing with gifts, 104.061
FACSIMILE TRANSMISSIONS (FAX)
Absentee ballot requests and absentee ballots from GOVERNOR
overseas voters, 101.697 Appointments
FALSE PERSONATION Elections Canvassing Commission, 102.111
Elector, 104.24 Elections Commission, 106.24
Political party state executive committee, at-large
FEDERAL COURTS members, 103.091
Felony convictions, notice to Department of State, 98.093 Presidential electors, 103.021
United States Senate, temporary appointment, 100.161
FEDERAL FUNDS Voter registration or removal complaint dispute
Voting systems and polling place accessibility for persons mediators, 97.023
with disabilities, state eligibility for, 101.56063, Campaign financing, state funds, 106.32, 106.33, 106.34,
101.56064 106.35
Contributions solicited for certain charitable organizations,
FELONS reporting requirements, 106.0701
Public office, recall in municipalities and charter counties, Election, 100.041, 101.595
100.361 Emergency powers
Voting Election emergencies, 101.733
Disqualification, 97.041 Gubernatorial candidates, 99.063, 106.0701
Registration application, felons with civil rights restored, Membership on
97.052 Elections Canvassing Commission, 102.111
Registration system, removal of name from, 98.045, Political party state executive committee, 103.091
98.075, 98.093 Presidential electors, nomination, 103.021
FINANCIAL IMPACT ESTIMATING CONFERENCE Term of office, 100.041
Initiatives, financial impact statements and financial Vacancies in public offices
information statements, 100.371, 101.161 Election to fill, calling, 100.111, 100.141, 100.161
FINES AND PENALTIES GOVERNOR, EXECUTIVE OFFICE OF
Candidates, false or malicious charges against Estimating conferences, participation, 100.371
opponents, 104.271
Political party executive committee officers and members, GRAND JURIES
103.161 Elections, special investigations, 104.43
Third-party voter registration organizations, 97.0575
GUARDIANS
FISH AND WILDLIFE CONSERVATION COMMISSION Absentee ballots for electors, requests for, 101.62
Voter registration duties, 97.05831
FORGERY H
Voter information cards, 104.013
HEALTH, DEPARTMENT OF
FRAUD Deceased voters, list compilation, 98.093
Candidates, 97.012 Voter registration system maintenance, provision of death
Voter registration, 97.012, 97.052, 104.42, 106.24 information, 98.093
FREEHOLDERS HIGHWAY SAFETY AND MOTOR VEHICLES,
Elections, generally, 100.241 DEPARTMENT OF
Records
G Voter registration information and declinations, 97.057
Voter registration, 97.023, 97.052, 97.057
GENERAL REVENUE FUND HOLIDAYS
Deposits Voter registration, 97.055
Campaign financing violation penalties, 106.08, 106.19
Candidates
False or malicious charge, penalties, 104.271 HOSPITALS
Filing fees, 99.0955, 99.103, 106.087 Patients
Reporting violations, fines, 106.07 Absentee ballots, mailing to patients, 101.62
Surplus campaign funds, 106.141
Committees of continuous existence, fines, 106.04 (
Political committees, fines, 106.07
Political party candidate assessments, 106.087
Political party executive committees, reporting violation IDENTIFICATION CARDS
fines, 106.29 Voter registration, generally, 97.053, 97.057, 98.045
Voters, confidentiality of identification numbers, 97.0585
GIFTS
Political candidates; donations to political parties or IMMUNITY
religious, charitable, or civic groups, 106.08 Voter challengers, 101.111
17
I INDEX L
INCOME LEGISLATURE (Cont.)
Financial disclosure; candidates, public officers, and Candidates for legislative office, contributions solicited for
public employees, 99.061 certain charitable organizations; reporting duties,
106.0701
INCOMPETENT OR INCAPACITATED PERSONS Economic and Demographic Research, Office of
Legal disabilities Estimating conferences, participation, 100.371
Voting or registering to vote, disqualification, 97.041, Initiative financial information statements, publication on
98.045, 98.093 website, 100.371
Voter registration, 97.052 House of Representatives
Estimating conferences, participation, 100.371
INDIGENT AND LOW-INCOME PERSONS Majority leader, leadership funds, 106.295
Voter registration ineligibility determination appeals, Minority leader, 103.091, 103.101, 106.24, 106.295
waiver of court costs, 98.0755 Speaker
Elections Commission, nomination of members,
INJUNCTIONS 106.24
Campaign financing, 106.27 Leadership funds, 106.295
Elections, 97.012, 106.27 Political party state executive committee, at-large
Voter registration, 97.012, 97.023, 106.27 member, 103.091
Voting violations, enforcement of hearing officer orders, Presidential Candidate Selection Committee,
97.028 member, 103.101
Members
INTEREST AND INTEREST RATES Contributions solicited for certain charitable
Community development districts, failure to pay election organizations, reporting duties, 106.0701
expenses; interest penalty, 100.011 Election, 100.041, 100.101, 100.111, 102.171
Special districts, failure to pay election expenses; interest Political party executive committees, at-large
penalty, 100.011 membership, 103.091
Term of office, 100.041
Vacancy in office, 100.111
J Senate
Candidates, contributions to political party, 106.141
JAILS Confirmation of appointments
Prisoners Elections Commission, 106.24
Absentee ballots, mailing to, 101.62 Estimating conferences, participation, 100.371
Majority leader, leadership funds, 106.295
JUDGMENTS Minority leader, 103.091, 103.101, 106.24, 106.295
Election contest, ouster, 102.1682 President
Elections Commission, nomination of members,
JURISDICTION 106.24
Elections Commission, 106.165, 106.25 Leadership funds, 106.295
Legislative election contests, 102.171 Political party state executive committee, at-large
Voter registration or removal complaints, 97.023 member, 103.091
Presidential Candidate Selection Committee,
L member, 103.101
LIBRARIES
LABOR AND EMPLOYMENT Voter registration agency status and duties, 97.021,
Discharge from employment 97.023, 97.052, 97.053, 97.058
Voting, 104.081
Voting, employer coercion, 104.081 LIEUTENANT GOVERNOR
Campaign financing, state funds, 106.33, 106.34
LAW ENFORCEMENT, DEPARTMENT OF Candidates for office, 99.063, 100.111, 106.0701
Voter registration system maintenance, furnishing names Contributions solicited for certain charitable organizations,
of felons, 98.093 reporting duties, 106.0701
Election, 101.151, 101.595
LAW ENFORCEMENT OFFICERS Political party state executive committee, member,
Political candidates, resign-to-run requirement, 99.012 103.091
Polling places, entry into, 102.101
LIMITATION OF ACTIONS
LEGAL AFFAIRS, DEPARTMENT OF Criminal prosecutions
Election complaints, false allegations; actions to recover Campaign finance violations, 106.28
costs and fees, 106.265 Elections
Bond referendum, testing validity, 100.321
LEGISLATURE Campaign finance violations, 106.25, 106.28
Appointments Contesting election, generally, 102.168
Political party state executive committee, at-large Election Code violation complaints, 106.25
members, 103.091 Voter registration violation complaints, 106.25
Apportionment
Candidates seeking ballot position in apportionment LOANS
year, signature requirements, 99.09651 Election campaign financing, 106.07, 106.075
18
~ INDEX
O
LOBBYISTS MUNICIPALITIES
Elections Commission, membership restrictions, 106.24 Annexation or contraction
Mail ballot elections, 101.6102
LOCAL GOVERNMENTS Referenda, 101.6102
Elections, statistical information, 98.212 Elections
Ordinances Annexation or contraction, 101.6102
Candidates and officers, electronic filing of reports, Ballot printing costs, 101.21
106.07 Candidates, qualifying fees, 99.093
Voter registration records, duties, 98.093 Dates, change of, 100.3605, 101.75
Early voting, 101.657
LOCAL OPTION Election Code, conduct governed by, 100.3605
Circuit court judges, direct election or merit selection and Permanent single registration system, 97.105, 101.002
retention, 101.161, 105.036 Precinct boundaries, 101.001, 101.002
County court judges, direct election or merit selection and Recall, governing body members, 100.361
retention, 101.161, 105.036 Registered persons with no permanent address, voting,
101.045
Special elections, call, 100.151
M Employees
Political candidates, resignation from employment,
MAGAZINES 99.012
Advertisements intended to influence public policy or vote Governing bodies
of public official, sponsorship designation, 106.1437 Recall petitions and elections, 100.361
Political advertising, rates and charges, 106.16 Officers
Candidates for another office, resignation, 99.012
MAIL Terms of office, 101.75
Absentee ballots, 101.6103, 101.62 Ordinances
Voter registration by mail, 97.052, 97.0535 Elections, 100.3605, 101.75
Political advertising, restrictions on, 106.1435
MALFEASANCE AND MISFEASANCE
Public officers and employees, generally N
Municipal officers, 100.361
NAMES
MANDAMUS Fictitious or false names
Election laws, enforcement, 97.012 Candidate petitions, signing with fictitious name,
Voting violations, enforcement of hearing officer orders, 104.185
97.028 Elections, fraudulently assuming name, 104.24
Recall petitions, signing with fictitious name, 100.361
MARRIED PERSONS Political parties, use restrictions, 103.081, 103.161
Absentee ballot request by spouse, 101.62
NEWSPAPERS
MEDIATION Elections
Mediators Absentee ballots, notice of canvass of returns, 102.141
Voter registration disputes, 97.023 Ballot, publishing, 101.20
Voter registration or removal complaints, 97.023 Candidate support or opposition, remuneration,
Voting violation proceedings, 97.028 104.071
Electronic tabulating equipment testing, notice,
MERGER AND CONSOLIDATION 101.5612
Election precincts, 101.001 Emergencies, rescheduled elections, 101.733
General election, notice, 100.021
MILITARY PERSONNEL Special election, notice, 100.141
Oaths, administration, 101.665 Emergencies, public service messages, 101.733
Recruitment offices, voter registration, 97.012, 97.023, Political advertising, rates and charges, 106.16
97.052, 97.053 NONRESIDENTS
Voting, 97.012, 101.62, 101.64, 101.665, 101.694 Campaign contributions from, 106.33, 106.35
MINORITY GROUPS NURSING HOME ADMINISTRATORS
Voting rights, deprivation or interference with, 104.0515 Supervised voting for residents, request for, 101.655
MINORS NURSING HOMES
Voting, preregistration for, 97.041 Residents
MOTOR VEHICLES Absent electors, 101.62, 101.655
State vehicles
Candidates for public office, use of vehicles, 106.15 p
Charges for use of vehicles, 106.15
Limitation on use of vehicles, 106.15 OATHS
Authority to administer
MOTOR VOTER LAW, 97.053, 97.057 Deputy supervisors of elections, 101.665
19
O INDEX P
OATHS (Cont.) POLITICAL ADVERTISEMENTS (Cont.)
Authority to administer (Cont.) Signs, displaying, 106.1435
Elections Commission, 106.26 Telephone calls, 106.147, 106.1475
Elections, supervisors of, 101.665 Televised broadcasts, closed captioning and descriptive
Military officers, 101.665 narrative requirements, 106.165
Public officers and employees, 101.665 'Thank you" advertisements, 106.11
Voting violation hearing officers, 97.028 Unlawful acts; penalties
Public officers and employees, generally Civil penalties, 106.265
Authority to administer, generally, 101.665 Criminal penalties, 106.071, 106.147, 106.1475
Vacancy in office, nominees and appointees, 100.111 Distribution near polling places, 102.031
Independent expenditure violations, 106.071
OUTDOOR ADVERTISING Rates and charges, excessive, 106.16
Exemptions from statutory provisions, 106.1435 Required contents, failure to include, 106.071, 106.143,
Local government regulation 106.1439
Political signs, 106.1435 Telephone solicitation violations, 106.147, 106.1475
Political signs, 106.1435, 106.1437 Televised broadcasts, violations, 106.165
Public policy or vote of official, advertisements intended
to influence; sponsorship designation, 106.1437 POLITICAL COMMITTEES
Removal Accounting records, 106.06
Political signs, 106.1435 Campaign depositories, 106.021, 106.05, 106.07, 106.11
Campaign treasurer, appointment, 106.021
p Committees of continuous existence
Contributions, 106.022, 106.04, 106.07, 106.08
PARKING AND PARKING FACILITIES Expenditures, 106.011, 106.022, 106.04, 106.087
Disabilities, persons with Generally, 106.04
Election polling places, 101.715 Polls and surveys, conducting, 106.17
Registered agent and registered office, 106.022
PERJURY Constitutional amendment initiative petition sponsors,
Elections, false swearing to oath, 104.011 100.371, 106.19
Contesting verification of signatures on candidate's
PHOTOGRAPHS petition for qualification, 99.097
Polling rooms or early voting areas, prohibition, 102.031 Contributions
Affiliated organizations, receipt and transfer by, 106.08
PLANNING (STATE) Campaign treasurer, receipt through, 106.021
Elections emergency contingency plan, 101.733 Deposit procedure, 106.05
Financial Impact Estimating Conference, 100.371, Legislative intent, 106.31
101.161 Limitations, 106.08, 106.19
National depository, deposit in, 106.021, 106.07
PLEADINGS Registered agent requirement, 106.022
Election contest, 102.168 Reports, 106.07, 106.08, 106.19
Voter registration or removal violations, complaints, Definitions, 106.011
97.023 Deputy campaign treasurers, 106.021
Disbanding, notice, 106.03
POLITICAL ADVERTISEMENTS Expenditures
Campaign fund raisers, 106.025 Campaign treasurer, making through, 106.021
Candidate approval, 106.143 Checks, 106.11
Candidates; purchasing from political parties or religious, Credit card purchases, 106.07, 106.11, 106.125
charitable, or civic groups, 106.08 Debit cards, 106.11
Content, 106.143 Donations to religious, charitable, or civic organizations,
Definitions, 106.011 106.08
Disclaimers, 106.071, 106.143, 106.1439, 106.147 Independent expenditures, 106.011, 106.087
Distribution near polling places, 102.031 Joint endorsements of candidates, advertising
Electioneering communications, 106.011, 106.071, expenditures, 106.021
106.1439, 106.147 Petry cash funds, 106.12
Endorsements, 106.021, 106.143 Public utility services, 106.14
Independent (no party affiliation) candidates, 106.143 Registered agent requirement, 106.022
Independent expenditures for, 106.011, 106.071 Reports, 106.07
Language other than English, 106.143 Unauthorized expenditures, 106.19
Nonincumbent candidates, 106.143 Financial reports, content and filing, 106.07, 106.08,
Party name or symbol, use, 103.081, 106.143 106.19
Petty cash funds, purchases from, 106.12 Gifts in memory of deceased persons, 106.08
Public policy or vote of public official, advertisements Judicial selection initiative sponsors, 105.036
intended to influence; sponsorship designation, Petty cash funds, 106.11, 106.12
106.1437 Poll watchers, designation, 101.131
Rates and charges, limitation, 106.16, 106.161 Polls and surveys, conducting, 106.17
Removal, 106.1435 Registered agent and registered office, 106.022
Required statements, 106.071, 106.143, 106.1439, Registration, 106.03
106.147 Statement of organization, content and filing, 106.03
20
P INDEX
P
POLITICAL COMMITTEES (Cont.) POLITICAL PARTIES (Cont.)
Television broadcasts, closed captioning and descriptive State executive committees (Cont.)
narrative requirements, 106.165 Elections, 101.252, 103.091
Endorsement or recommendation of candidates for
POLITICAL PARTIES nomination, 103.121
Candidate contributions or purchases, 106.08 Expenditures, 106.011, 106.087
Candidate qualifying fees, remission, 99.061, 99.103 False or incomplete campaign finance reports,
Candidate surplus campaign funds, distribution, 106.141 certification, 106.29
Constitution and bylaws, 103.091, 103.121 Filing requirements, 103.091
Contesting verification of signatures on candidate's Gifts in memory of deceased persons, 106.08
petition for qualification, 99.097 Governing bodies, membership, 103.091
Contributions received, reporting, 106.08, 106.29 Membership, 103.091
County executive committees Misuse of funds by chair or treasurer, 103.121
At-large members, 103.091 National convention delegates, selection, 103.101
Audits, 103.121 Organizational meetings, 103.091
Campaign contributions, limitation, 106.08, 106.087, Party name or symbol use, authorization, 103.081
Powers and duties, generally, 103.121
106.29, 106.33 Presidential electors, recommendation of candidates for
Campaign finance reports, 106.08, 106.29 nomination, 103.021
Contributions received, reporting, 106.08, 106.29 Removal or suspension of members, 103.161
District unit of representation, 103.091 Requirement, 103.091
Election, 101.252, 103.091 Rulemaking authority, 103.101, 103.121
Endorsement or recommendation of candidates for Terms of office, 103.091
nomination, 103.121 Vacancies, events creating, 103.131
Establishment, 103.091 Vacancies in nomination to elective office, filling,
Expenditures, 106.011, 106.087 100.111
False or incomplete campaign finance reports, Voting, 103.091
certification, 106.29 Supervised voting teams, representation on, 101.655
Filing requirements, 103.091 Symbols, use restrictions, 103.081
Gifts in memory of deceased persons, 106.08 Television broadcasts, closed captioning and descriptive
Membership, 103.091 narrative requirements, 106.165
Misuse of funds by chair or treasurer, 103.121 Unlawful acts; penalties, 103.121, 103.161, 106.087,
Organizational meetings, 103.091 106.165, 106.29
Powers and duties, generally, 103.121 Vacancies in nominations to elective offices, filling,
Removal or suspension of members, 103.141, 103.161 100.111
Term of office, 103.091 Vacancies in party offices, 103.091, 103.131
Vacancies in nomination to elective office, filling, Voting systems and equipment, preelection inspection
100.111 and testing, 101.5612
Vacancies on committees, filling, 103.091, 103.131 PRESIDENTIAL CANDIDATE SELECTION COMMITTEE,
Election boards, membership, 102.012 103.101
Election statistical information, access to, 98.212
Electronic voting systems, testing and vote-counting PRINTING
representatives, 101.5612 Voter registration application forms, 97.052
.Expenditures, 106.011, 106.08, 106.29 Voting ballots, 101.21
Financial records, 103.121
Fund raisers, 106.025 PROPERTY APPRAISERS
In-kind contributions, limitations, 106.08 Election, 100.041
Joint endorsements of candidates, advertising
expenditures, 106.021 PROSECUTIONS
Judicial candidates, endorsement or support, 105.09 Failure to prosecute, 106.25
Leadership funds, 106.295
Name or abbreviation, use restrictions, 103.081, 103.161 PUBLIC EMPLOYEES
Names of groups or committees associated with, filing, political activities
103.081 Candidacy for office, 99.012
National committees, 103.091, 106.011, 106.08, 106.29 Coercion or influence, 104.31
National convention delegates, election, 103.091, 103.101 Judicial office candidates, 105.071
Poll watchers, designation, 101.131 Participation restrictions, 104.31
Polls and surveys, 106.17 Services to candidates during working hours, 106.15
Presidential electors, nomination, 103.021, 103.091 Unlawful acts; penalties, 104.31
Presidential preference primary, 103.101
Primary elections, voting, 101.021 PUBLIC MEETINGS
Rulemaking authority, 103.091, 103.101 Exemptions from open government provisions
State executive committees Campaign finances, investigatory proceedings, 106.25
At-large members, 103.091 Election violation investigatory proceedings, 106.25
Audits, 103.121 Voter registration, investigatory proceedings, 106.25
Campaign contributions, limitation, 106.08, 106.087, Financial Impact Estimating Conference, 100.371
106.29, 106.33
Campaign finance reports, 106.0705, 106.08, 106.29 PUBLIC OFFICERS
Chair, 103.081, 103.161 Campaign fund raisers, candidates for office, 106.025
21
p INDEX S
PUBLIC OFFICERS (Cont.) REFERENDA (Cont.)
Candidates for another office, resignation, 99.012 Bond issues (Cont.)
Candidates for office, qualification, 99.061, 99.063, Municipalities, generally, 100.311
105.031 Notice, 100.211
Office accounts, transfer of surplus campaign funds to, Polling place, 100.221
106.141 Recording results, 100.271, 100.291
Services to candidates during working hours, 106.15 Refunding bonds, 100.301
Suspension and removal Requirement, generally, 100.201
Deputy supervisors of elections, 98.015 Resolution ordering, 100.211
Travel expenses, 106.141 Returns, canvassing and recording, 100.271
Validity, contesting, 100.321
PUBLIC RECORDS Charter county governing board members, terms of office
commencement, 100.041
Campaign finance reports, 106.07 Constitutional amendment or revision, 101.161
Campaign finance violation proceedings, 106.25 Contesting, 102.168, 102.1682, 102.1685
Election violation proceedings, 106.25 County commissioners, 100.041
Exemptions from disclosure Freeholders, 100.241
Absentee ballots, record of requests and delivery Judicial selection initiatives, 101.161
information, 101.62 Legislatively mandated election, certification of results,
Campaign finance reports, 106.0706, 106.25 100.351
Election violation complaints and investigative reports, Mail ballot elections
106.25 Absentee voting, 101.6103, 101.6105
Voter registration information, 97.0585, 98.045, 106.25 Applicability of election laws, generally, 101.6106
Voting systems software, 101.5607 Canvass of returns, 101.6103, 101.6104
Voter registration information, 106.25 Challenge, defect on voter's certificate, 101.6104
Voter registration violation proceedings, 106.25 Costs, 101.6102
Voting systems software, 101.5607 Limitations, 101.6102
Mail Ballot Election Act, 101.6101
PUBLISHING AND PUBLICATIONS Procedure, generally, 101.6103
Uniform polling place procedures manual, 102.014 Voter's certificate, 101.6103, 101.6104
Municipal annexation or contraction, 101.6102
Notices, 100.342
~ Special or local laws, 100.351
Telephone solicitation, ballot proposals, 106.147
QUO WARRANTO
Election contest, 102.169 REFUNDING BONDS
Election for issuance approval, 100.301
R RELATIVES
Absentee ballots for electors, requests for, 101.62
RADIO
Advertisements intended to influence public policy or vote REPORTS TO GOVERNOR
of official, sponsor designation statement, 106.1437 Voter education programs, effectiveness reports, 98.255
Emergencies, public service messages, 101.733 Voting system performance reports, 101.595
Political advertising, 106.1437, 106.16, 106.161
REPORTS TO LEGISLATURE
RECORDS MANAGEMENT (LOCAL GOVERNMENTS) Voter education programs, effectiveness reports, 98.255
Elections, supervisors of, 98.045 Voting history information, 98.0981
Voter registration information, 98.081, 98.461 Voting system performance reports, 101.595
RECORDS MANAGEMENT (STATE) RESIDENCY REQUIREMENTS
Highway Safety and Motor Vehicles, Department of, Electors, 97.041, 98.075
97.057 Political party county executive committees, 103.091
Voter registration, 97.041, 98.045, 98.075
REFERENDA Write-in candidates, 99.0615
Ballot, 101.161
Bond issues REWARDS
Applicable statutory provisions, 100.221 Information leading to arrest and conviction
Approval of issuance, 100.281 Voter registration or voter fraud, 106.24
Ballot format, 100.341 ROADS AND HIGHWAYS
Calling, 100.211
Canvass of returns, 100.271 Rights-of-way
Contesting, 100.321 Political signs, 106.1435
Costs, 100.201, 100.261
Defeat, waiting period before new election, 100.331 $
Evidence of result, 100.291
Failure to achieve majority vote, 100.281 SCHOOL BOARDS
Holding with other elections, 100.261 Candidates for election, 105.031, 105.035, 105.041,
Inspectors and clerks, 100.271 105.051, 105.08
22
S INDEX
S
SCHOOL BOARDS (Cont.) SOLICITATION (Cont.)
Terms of office, 100.041 Constitutional amendment initiative petition signatures,
paid petition circulators, 106.191
SCHOOL DISTRICTS Contributions
Elections Campaign contributions, 102.031, 106.15
Bond elections Political candidates, charitable contributions, 106.08
Holding with other elections, 100.261 State officers or candidates, solicitations by, 106.0701
School board members Political telephone solicitation, 106.147, 106.1475
Candidates, 105.031, 105.035, 105.041, 105.051, Polling places, solicitation at, 102.031
105.08 Voter registrations for compensation, 104.012
Electors qualified to vote, 105.061 Voters at or near ollin laces or earl votin sites,
Generally, 100.041 101.051, 102.031 g p y g
Unopposed candidates, 105.051
Superintendents, 100.041
SPECIAL DISTRICTS
SCHOOL SUPERINTENDENTS Elections
Election, 100.041 Candidate qualifications, 99.061, 99.095
Term of office, 100.041 Early voting, 101.657
Payment of costs, 100.011
SEALS Employees and officers
Elections, supervisors of, 98.015 Candidate for another office, resignation, 99.012
SERVICE OF PROCESS STATE AGENCIES
Agents Voter registration records, duties, 98.093
Political telephone solicitors, 106.1475
Election contest complaints, 102.168 STATE ATTORNEYS
Elections Commission subpoenas and orders, 106.26 Campaign finance violations, duties, 106.25
Sheriffs Election violations, duties, 106.25
Elections Commission subpoenas or orders, 106.26 Voter registration violations, duties, 106.25
SETTLEMENTS STATE CONTRACTS
Campaign financing violation complaints, consent Voter registration, 97.058
agreements, 106.25
Election violation complaints, consent agreements, STATE, DEPARTMENT OF
106.25 Official records
SHERIFFS Initiative petition financial impact statements, 100.371
Political party executive committee rules, 103.101
Deputies Rulemaking authority
Candidates for office of sheriff, resign-to-run, 99.012 Elections
Election official duties and responsibilities, training, Ballots, 101.151, 101.62
102.014 Campaign treasurers' reports, 106.07
Election of sheriffs, 100.041 Candidate qualifications, 99.061
Legal notices, publication, 100.021 Counting of votes, 101.5614
Term of office, 100.041 County voting system filings, 102.141
SHORT TITLES Electronic or electromechanical voting systems,
Election Campaign Financing Act, 106.30 101.015, 101.5608, 102.166
Election Code, 97.011 Forms, alternative formats and Internet availability,
Elections Emergency Act, 101.731 97.026
Electronic Voting Systems Act, 101.5601 Fraud complaints, 97.012
Mail Ballot Election Act, 101.6101 Initiatives, 100.371
Voter Protection Act, 104.0615 Interpretation and implementation of elections laws,
Voter Registration Act, 97.032 uniform standards, 97.012
Judicial selection initiatives, 105.036
SIGNATURES Mail ballot elections, 101.6107
Voters or voter registration applicants, 97.052, 97.055, Overseas absentee electors, 101.62, 101.697
97.0585, 98.077, 101.49 Petitions, verification of signatures, 99.097
Polling places, accessibility for persons with
SOCIAL SECURITY disabilities, 101.715
Numbers Precinct-level results and book closing statistics,
Voter registration, 97.052, 97.053, 97.057, 97.0585, 98.0981
98.045 Presidential preference primaries, 103.101
Voters, confidentiality, 97.0585 Recounts, 102.141, 102.166
Television broadcasts, requirements, 106.165
SOCIAL SERVICES Uniform polling place procedures manual, adoption,
Voter registration at offices providing public assistance, 102.014
97.021, 97.023, 97.052, 97.053, 97.058 Voter education programs, 98.255
Voting assistance to illiterate voters or voters with
SOLICITATION disabilities, 97.061
Campaign contributions, 102.031, 106.15 Voting history information, 98.0981
23
g INDEX ~
STATE, DEPARTMENT OF (Cont.) TELEPHONES (Cont.)
Rulemaking authority (Cont.) Toll-free numbers and hotlines
Elections (Cont.) Voter fraud hotline, 97.012
Voting systems and voter interface devices for Voter registration services, 97.058
persons with disabilities, 101.56062
Voting systems, audit procedures, 101.5911 TELEVISION
Write-in absentee ballots, 101.6951 Advertisements intended to influence public policy or vote
Voter registration, 97.012, 97.052, 97.0555, 98.035, of public official, sponsorship designation statement,
98.045, 98.075 106.1437
Emergencies, public service messages, 101.733
STATE EMPLOYEES Political advertising, 106.16, 106.161, 106.165
Political candidates, resignation from employment, 99.012
Selected Exempt Service THEFT
Elections Commission attorneys, 106.24 Election records, ballot boxes, or returns, 104.22
Senior Management Service
Elections Commission, executive director, 106.24 THREATS
Employer's threats to control votes of employees,
STATE FUNDS 104.081
Election campaign financing, 106.32, 106.33, 106.34, Voter registration, interference with or influencing,
106.35 104.012
Voters, influencing, 104.061, 104.0615, 104.081, 104.31
STATE OFFICERS Voting rights, interference with, 104.0515, 104.061,
Candidates for another office, resign-to-run, 99.012 104.0615
STATE, SECRETARY OF TRAVEL EXPENSES
Elections, duties, 97.012, 101.001, 101.151, 101.58, Candidates for statewide office, credit card use, 106.125
103.101, 105.036, 106.24 Elected officers, payment from surplus campaign funds,
Initiative financial information statements, publication on 106.141
website, 100.371 Political committees, credit card use, 106.125
Initiatives, duties, 100.371, 101.161 TRUST FUNDS (PUBLIC)
Presidential Candidate Selection Committee, membership
on, 103.101 Elections Commission Trust Fund, 99.092, 99.093,
Rulemaking authority, 100.371, 105.036 105.031, 106.24
Voter registration, duties, 97.012, 97.0575, 98.035
STATE UNIVERSITIES U
Students UNITED STATES
Voter registration, 97.052, 97.0583 Election Assistance Commission voter registration
Voter registration, 97.052, 97.0583 application form, acceptance, 97.052
STATEWIDE PROSECUTOR Help America Vote Act of 2002, 97.028
U.S. attorneys, 98.093
Election irregularities or fraud, prosecution, 97.012
SUBPOENAS V
Elections Commission, 106.26
Elections, Division of, 106.23 VACANCY IN OFFICE
Voting violation hearing officers, 97.028 Congress, members of, 100.101, 100.111
County officers, generally, 100.361
SUPERSEDERS Legislators, 100.101, 100.111
Voter registration ineligibility determination appeals, Municipal officers
98.0755 Malfeasance or misfeasance, removal for, 100.361
Recall elections, 100.361
SUPREME COURT Political party executive committees, 103.161
Advisory opinions, 100.371 Presidential electors, 100.101, 103.021, 103.061, 103.062
Decisions and opinions Resignation to qualify for another office, 99.012, 100.111
Advisory opinions, 100.371 United States Senators, 100.161
Initiative petitions, review, 100.371
Justices VENUE
Retention election, 105.041, 105.051 Campaign finance violations, 106.27
Election contests, 102.1685
Election proceedings, 97.012, 106.27
T Voter registration proceedings, 97.012, 106.27
TAX COLLECTORS VETERANS
Election, 100.041 Voter registration date, recently discharged service
Terms of office, 100.041 personnel, 97.0555
TELEPHONES VISUALLY IMPAIRED PERSONS
Solicitation Absentee ballots for blind persons, assistance in casting,
Political campaigns, 106.147, 106.1475 101.65, 101.661, 101.6923
24
V INDEX V
VISUALLY IMPAIRED PERSONS (Cont.) VOTER REGISTRATION (Cont.)
Voting assistance, 101.051 Confidential information (Cont.)
Voting systems and voter interface devices, 101.56062 Unauthorized disclosure, 106.25
Criminal prosecution of violations, 97.012, 106.27
VITAL STATISTICS Date of registration, 97.053, 97.0575
Voters, notice of death, 98.093 Deceased persons, 98.045, 98.065, 98.075, 98.093,
101.68
VOTER REGISTRATION Declining to register, 97.052, 97.057, 97.058, 97.0585
Absentee registration, 101.665 Disqualification, 97.041, 98.045
Address confirmation requests, 98.065, 98.0655 Driver license application, renewal, or address change;
Administration of statutory provisions, 97.012, 98.045 opportunity to register, 97.057
Age requirement, 97.041, 98.045 Duplicate or multiple registrations, 98.075
Applications Educational institutions, services at, 97.052, 97.0583
Acceptance, 97.052, 97.053, 97.055 Elections Commission investigations and hearings,
Altering another person's application without consent, alleged violations, 106.25, 106.26
104.012 Eligibility of applicants, 98.045
Approval, 97.073 Enforcement of statutory provisions, 97.012, 97.0575
Change of name or legal residence, 101.045 False swearing, 97.052, 97.053, 104.011
Denial, 97.073, 98.045 Federal law, compliance with, 97.012, 97.057, 97.058,
Disposition, 97.073 98.015, 98.035, 98.065, 98.075
Electors removed from registration system, retention, Felons, 97.041, 97.052, 98.045, 98.075, 98.093
98.081 Fictitious persons, 98.045, 98.075
Federal law, compliance with, 97.012 Forms
Federal postcard application, 97.052, 101.694 Alternative formats and Internet availability, 97.026
Fish and Wildlife Conservation Commission and Precinct register, 98.461
subagents, duties, 97.05831 Printing, 97.052
Highway Safety and Motor Vehicles, Department of; Registration, 97.012, 97.052
duties, 97.057 Registration list maintenance, 98.0655
Identification information on applicants, confidentiality, Voter registration agencies, 97.058
97.0585 Fraud, 97.012, 97.052, 104.42, 106.24
Incomplete applications, 97.052, 97.058, 97.073, Freeholder, determination of status, 100.241
98.045 Help America Vote Act of 2002, procedures on
Microfilming, 98.081, 98.461 complaints of violations, 97.028
Oath as part of, 97.052, 97.053 Identification cards, 97.053, 97.057, 98.045
Processing, 98.045 Illiterate persons requiring voting assistance, 97.061
Signature updates, 98.077 Inactive status, 98.065, 98.0655
Uniform statewide application, 97.052, 97.057, 97.058 Incompetent or incapacitated persons, 97.052, 98.045,
Verification of driver's license number, identification 98.065, 98.075, 98.093
card number, or social security number, 97.053 Ineligible persons, 98.045, 98.075
Voter registration agencies, powers and duties, 97.058 Information maintained on electronic or other media,
Automated processing, 98.081, 98.461 98.081, 98.461
Change of name or legal residence Injunctions, 97.012, 97.023, 106.27
Address change and confirmation notices, 98.065, Inspection of records, 98.045
98.0655 Interference with registration, 97.057, 97.058, 104.012,
Application for, acceptance, 97.053, 97.055 104.0615
Forms, 101.045 Investigations, 97.012, 97.0575, 104.42, 106.25
Highway Safety and Motor Vehicles, Department of; Late registration, 97.0555
authority, 97.057 Mail registration, first-time voters, 97.052, 97.0535
Identification cards or voter information cards, 97.057, Mandamus actions, enforcement of laws, 97.012
97.071, 97.1031 Motor voter law, 97.053, 97.057
Notices, 97.1031, 98.065, 98.0655 Notices, 97.073, 97.1031, 98.065, 98.0655, 98.075,
Registration list maintenance, 98.065, 98.0655, 98.075 98.077
Statewide registration application, use for, 97.052 Oath, 97.051, 97.052, 97.053, 101.665
Temporary residence outside of county, 101.045 Overseas voters, 97.012
Citizenship, 97.041, 97.052, 98.075 Party affiliation
Civil actions, 97.012, 97.023, 106.25, 106.27 Change, 97.052, 97.053, 97.055, 97.071, 97.1031
Complaints of violations, 97.023, 97.058, 106.25 Influencing registration applicant, 97.057, 97.058
Confidential information Registration without, 97.053
Complaints of violations and investigative information, Permanent single registration system, 97.105, 101.002
106.25 Precinct registers, 97.061, 98.461, 101.043, 101.49
Declining to register, 97.052, 97.057, 97.058, 97.0585 Preregistration, minors, 97.041
Driver license or identification card numbers, 97.0585 Prior registration, cancellation, 97.073, 98.045
Registration list maintenance programs and activities Qualifications, 97.041, 98.045
information, 98.045 Records
Registration office location, 97.052, 97.057, 97.058, Addresses of voters, list maintenance, 98.015, 98.045
97.0585 Closing for elections, 97.055, 97.071
Signatures, 97.0585 Completed registration applications, status as official
Social security numbers, 97.0585 registration records, 97.053
25
V INDEX W
VOTER REGISTRATION (Cont.) VOTER REGISTRATION (Cont.)
Records (Cont.) Time limitation for filing complaints of violations, 106.25
Custody, 98.015 Uniformed services personnel, 97.012, 101.665
Deceased voters who cast absentee ballots, 101.68 Unlawful acts; penalties
Inspection, 98.045 Altering another person's application without consent,
Legal residence change, 97.055, 97.1031, 98.045, 104.012
98.065 Complaints containing false allegations, 106.25
Microfilming, 98.081, 98.461 Confidential investigative information, disclosing,
Name change, 97.055, 97.1031, 101.045 106.25
Party affiliation change, 97.055, 97.1031 Consideration for registration, payment of, 104.012
Placement of voter's name on, 97.053 Delivery of registration books, refusal, 104.32
Refusal by supervisor to deliver to successor, 104.32 Delivery of registration forms, obstructing or delaying,
Registration list maintenance programs and activities, 104.0615
98.045, 98.065, 98.0655, 98.075, 98.093 Denial of right to vote, 104.0515
Removal of elector's name Destruction or defacing registration forms, 104.0615
Appeal of removal decision, 98.075, 98.0755 Deterring registration, 104.012, 104.0615
Complaints of violations, 97.023 False registration information, submission, 104.011
Deceased persons, 98.045, 98.065, 98.075, 98.093 False swearing, 97.052, 104.011
Felons, 98.045, 98.075, 98.093 Generally, 106.265
Fictitious persons, 98.075 Interference with registration, 104.012, 104.0615
Hearings, 98.075 Removal of elector's name from registration records,
Inactive status registrants, basis for removal, 98.065
Incompetent or incapacitated persons, 98.045, violations involving, 98.075
98.075, 98.093 Solicitation of registration for compensation, 104.012
Nonresidents, 98.045, 98.075 Third-party voter registration organization violations,
Notices, 98.075 97.0575
Procedure, 98.075 Voter information card, use or possession, 104.013
Recordkeeping, 98.081 Verification, 101.045
Registration list maintenance, basis for removal, Voter information cards
98.045, 98.065, 98.075, 98.093 Change of name, legal residence, or party affiliation,
Underaged persons, 98.075 97.071, 97.1031
Restoration of elector's name, 98.065, 98.075, 98.081 Contents, 97.071
Special election, availability for, 100.151 Registration approval, notice of, 97.073
Updating, 97.052, 97.057, 97.058, 97.0585, 98.015, Replacement, 97.052, 97.053, 97.071
98.035, 98.065, 98.075, 98.077, 101.694 Unlawful use, possession, or destruction, 104.013
Residency, 97.041, 98.045, 98.075 Voting assistance eligibility, notation, 97.061
Solicitation for compensation, 104.012 Voter Protection Act, 104.0615
State, Secretary of; duties as chief election officer, Voter Registration Act, 97.032
97.012, 98.035 Voter registration agencies, 97.021, 97.023, 97.052,
Statewide voter registration system 97.053, 97.058
Applications, 97.052, 97.053, 97.057 Voter registration officials, 97.0535, 97.061, 97.1031,
Creation, 97.012, 98.035 97.105, 98.035, 98.081
Declining to register, 97.057
List of valid addresses, provision by supervisor of
elections, 98.015 W
Mail registration, notations on records, 97.0535
Maintenance, 98.035, 98.045, 98.065, 98.0655 WITNESSES
New registrations, entry into, 97.053, 98.015 Compensation
Removal or restoration of voters' names, 98.045, Municipal recall election petition witnesses, 100.361
98.065, 98.075, 98.081 Elections Commission hearings, 106.26
Updating voter information, 98.065 Elections law violators, compelled testimony, 104.39
Updating voter signature, 98.077 Immunity from prosecution
Temporary residence outside of county, 101.045 Elections law violators, 104.39
Third-party voter registration organizations, 97.0575 Municipal recall election petitions, 100.361
26
A
CANDIDATE
AND
CAM PAID N TREASURE R
HAN D BC~Q K
June 2008
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
Table of Contents
Chapter 1 -Explanation ...............................................................................................................1
Chapter 2 -The Campaign Financing Act ..................................................................................2
Chapter 3 -Offices Up For Election ...........................................................................................3
F e d e ra I 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 ..................................................................................................4
Chapter 5 -Glossary of Terms ....................................................................................................7
Chapter 6 - Becoming a Candidate .............................................................................:............10
What to File ..............................................................................................................................10
Filing Officer .............................................................................................................................11
Resign-to-Run ..........................................................................................................................11
Changing Parties for Partisan Offices ......................................................................................11
Changing the Designation of Office .........................................................................................12
Pro Rata Refund Example .......................................................................................................12
Chapter 7 -Prohibited Acts .......................................................................................................13
Speaking at Political Meetings .................................................................................................13
Using State-Owned Aircraft or Motor Vehicle ..........................................................................13
Using Services of State, County, Municipal, or District Officers or Employees .......................13
Making Contributions in the Name of Another .........................................................................13
Solicitation from Religious, Charitable and Civic Organizations ..............................................13
Accepting Contributions in a Government-Owned Building .....................................................14
Making Malicious Statements ..................................................................................................14
Certifying a False Report .........................................................................................................14
Limitations on Political Activity for Judicial Candidates ...........................................................14
Chapter 8 -Campaign Treasurers ...........................:................................................................16
Appointing Campaign Treasurers and Deputy Campaign Treasurers .....................................16
Duties and Responsibilities ......................................................................................................16
Resignation or Removal ...........................................................................................................17
Chapter 9 -Campaign Depositories .........................................................................................19
Primary Campaign Depository .................................................................................................19
Secondary Campaign Depository ............................................................................................19
Separate Interest-Bearing Accounts and Certificates of Deposit ............................................20
Campaign Checks ....................................................................................................................20
Debit Cards ..............................................................................................................................21
Credit Cards .............................................................................................................................21
Chapter 10 -Contributions .....................:..................................................................................22
Unauthorized Contributions .....................................................................................................22
Anonymous Contributions ........................................................................................................22 ,
In-Kind Contributions ................................................................................................................23
Loans ........................................................................................................................................23
Cash Contributions ...................................................................................................................23
Debit and Credit Card Contributions ........................................................................................24
I
Contribution Limits for Candidates ...........................................................................................24
2008 Deadlines for Accepting Contributions ............................................................................25
Violations ..................................................:...............................................................................26
Chapter 11 -Expenditures .........................................................................................................27
Petty Cash Funds .....................................................................................................................28
Independent Expenditures .......................................................................................................28
Credit Cards .............................................................................................................................29
Debit Cards ..............................................................................................................................30
Electioneering Communications ..............................................................................................31
Chapter 12 -Political Advertising .............................................................................................32
Candidate Disclaimers .............................................................................................................32
Non-incumbent Advertisements ...............................................................................................33
Other Disclaimers .....................................................................................................................34
Disclaimers for Other Than Independent Expenditures ...........................................................35
Independent Expenditure.Disclaimers .....................................................................................35
Disclaimers on Novelty Items ....................................................................................:..............36
Language Other Than English .................................................................................................36
Electioneering Communications Disclaimers ...........................................................................36
Use of Closed Captioning and Descriptive Narrative in all Television Broadcasts ..................37
Other Political Disclaimer Examples ........................................................................................37
Chapter 13 -Fund Raisers .........................................................................................................39
Contributions from Fund Raisers .............................................................................................39
Expenditures for Fund Raisers ................................................................................................39
Tickets and Advertising ..........................................................................................................:.39
Chapter 14 -Solicitation ............................................................................................................40
Telephone Solicitation ........................................................................:.....................................40
Telephone Solicitation, Registered Agent ................................................................................41
Chapter 15 -Filing Campaign Reports .....................................................................................42
Where to File ............................................................................................................................42
When to File .............................................................................................................................42
Penalty for Late Filing ..............................................................................................................43
Waiver of Report ......................................................................................................................43
Incomplete Reports ..................................................................................................................43
Reporting Total Sums ..............................................................................................................43
Reporting Contributions ...........................................................................................................43
Returning Contributions ...........................................................................................................44
Reporting Expenditures .:..........................................................................................................44
Special Requirements for Judicial Candidates ........................................................................45
Chapter 16 -Termination Reports ............................................................................................46
Prior to Disposing of Surplus Funds ........................................................................................46
Disposing of Surplus Funds .....................................................................................................46
Money from Separate Interest-Bearing Account or Certificate of Deposit ...............................47
Campaign Loans Report ..........................................................................................................47
Chapter 17 -Electronic Filing of Campaign Reports ...............................................................49
Accessing the EFS ...................................................................................................................49
Creating Reports ......................................................................................................................49
Submitting Reports .................................................................................................................49
Electronic Receipt ....................................................................................................................50
Chapter 18 -Office Accounts ....................................................................................................51
Using the Office Account .........................................................................................................51
Reporting Office Account Funds ..............................................................................................52
II
Chapter 19 - Recordkeeping, Receipt and Inspection .............................................................53
Contributions ............................................................................................................................53
Expenditures ............................................................................................................................53
Preservation of Accounts .........................................................................................................54
Inspections ...............................................................................................................................54
Chapter 20 -Bookkeeping Suggestions ....................................................................................55
Chapter 21 -Frequently Asked Questions ................................................................................56
Candidates ...............................................................................................................................56
Campaign Advertising ..............................................................................................................57
Campaign Finance ...................................................................................................................58
Chapter 22 -Florida Elections Commission ............................................................................62
Automatic Fine Appeal Process ...............................................................................................62
Complaint Process ...................................................................................................................62
Chapter 23 -Florida Supervisors of Elections ..........................................................................63
III
.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:
• 2008 Federal Qualifying Handbook
• 2007-2008 Calendar of Reporting Dates for Candidates, Political Committees, Committees of
Continuous Existence, Electioneering Communication Organizations and Independent
Expenditure Reports
• 2007-2008 Calendar of Reporting Dates for State Executive Committees
All forms and publications are available on the Division of Elections'
website at http://election.dos.state.fl.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 Division of Elections ..................................................................htto://election.dos.state.fl.us
Florida Elections Commission www.fec.state.fl.us
Florida Elected Officials ..........................................htto://election.dos.state.fl.us/electedindex.shtml
Florida Supervisors of Elections .............................http://election.dos.state.fl.us/county/index.shtml
Florida Association of City Clerks www.floridaclerks.ora
Florida Attorney General htto://myFloridaleaal.com
Federal Election Commission ........................................................................................www.fec.aov
1
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 parry
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 Chapter 106, Florida Statutes.
(Section 106.22(9), F.S.)
2
Chapter 3
Offices Up For Election
Federal Offices
President and Vice President
Representative in Congress (all districts)
Multicounty and District Offices
State Attorney (Circuits 1-19)
Public Defender (Circuits 1-19)
State Senator (odd-numbered districts)
State Representative (all districts)
County Offices
These vary from county to county, however, most will elect:
Clerk of the Circuit Court
Sheriff
Property Appraiser
Tax Collector
Supervisor of Elections
Superintendent of Schools
Board of County Commissioners (3 members)
School Board (2 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 2009)
Judge, District Court of Appeal (only those whose terms expire January 2009)
Circuit Judges (Nonpartisan)
Only those whose terms expire January 2009
County Court Judges (Nonpartisan)
Only those whose terms expire January 2009
3
Chapter 4
Dates to Remember
March 4 Legislative Session begins (Article lll, Section 3, Fla. Const. - 1sr
Tuesday after the 15` Monday in March)
March 31 Noon, petitions for federal, judicial, state attorney and public defender
candidates seeking to qualify by the petition method due to supervisors
(Sections 99.095 and 105.035, F.S. -before noon of the 28`h day
preceding the 1 S` day of the qualifying period for the office sought)
Apri110 Q1 report due for candidates, political committees, committees of
continuous existence, electioneering communication organizations,
independent expenditure organizations, and State Executive Committees
(Cover Period January 1, 2008 -March 31, 2008)
April 14 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)
April 18 Written resignations due for officers qualifying as judicial, state attorney
or public defender candidates if the terms of the offices, or any part
thereof, run concurrently with each other (Section 99.012, F.S. - at least
10 days prior to the first day of the qualifying period)
April 21 Deadline for supervisors to certify to the Division the number of valid
signatures for federal, judicial, state attorney and public defender
candidates seeking to qualify by the petition method (Section 99.095 and
105.035, F.S. - no later than the 7"' day before the 1S` day of the
qualifying period)
April 28 Noon, qualifying begins for all federal, judicial, state attorney and public
defender candidates (Sections 99.061 and 105.031, F.S. - at any time
after noon of the 120"' day prior to the primary election)
May 2 Legislative Session ends (Article lll, Section 3, Fla. Const. - a regular
session of the Legislature shall not exceed 60 consecutive days, unless
extended by three-fifths vote of each house)
May 2 Noon, qualifying ends for all federal, judicial, state attorney and public
defender candidates (Sections 99.061 and 105.031, l=. S. -not later than
noon of the 116"' day prior to the date of the primary election)
May 4 Supervisors to submit to the Department a list containing the names,
party affiliations, and addresses of all candidates and the offices for
which they qualified (Section 99.092, F.S. -immediately after the last
day for qualifying)
4
May 4 Deadline for partisan candidates to change party affiliation (Section
99.021, F.S. - 6 months preceding the General Election)
May 9 Deadline for Department of State to certify to the supervisors the names
of all duly qualified federal, judicial, state attorney and public defender
candidates who have qualified with the Department (Section 99.061, F.S.
-within 7 days after the closing date for qualifying)
May 19 Noon, petitions for statewide, multi-county, county and district candidates
seeking to qualify by the petition method due to supervisors (Section
99.095, F.S. -before noon of the 28`h day preceding the 1S` day of the
qualifying period for the office sought)
June 2 Qualifying offices may begin accepting and holding qualifying papers for
statewide, multi-county, 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)
June 6 Written resignations due for officers qualifying as a candidate for
statewide, multi-county, county or district office if the terms of the offices,
or any part thereof, run concurrently with each other (Section 99.012,
F.S. - at least 10 days prior to the first day of the qualifying period)
June 9 Deadline for supervisors to certify to the Division the number of valid
signatures for statewide, multi-county, county and district candidates
seeking to qualify by the petition method (Section 99.095, F.S. - no later
than the 7`h day before the first day of the qualifying period)
June 16 Noon, qualifying begins for all statewide, multi-county, county and district
candidates (other than state attorney and public defender) (Section
99.061, F.S. -noon of the 715 day prior to the primary election)
June 20 Noon, qualifying ends for all statewide, multi-county, county and district
candidates (other than state attorney and public defender) (Section
99.061, F.S. -noon of the 67th day prior to the primary election)
June 23 Supervisors to submit to the Department a list containing the names,
party affiliations, and addresses of all candidates and the offices for
which they qualified (Section 99.092, F.S. -immediately after the last
day for qualifying)
June 27 Deadline for Department of State to certify to the supervisors the names
of all duly qualified statewide, multicounty, and district candidates who
have qualified with the Department (Section 99.061, F.S. -within 7 days
after the closing date for qualifying)
July 25 F1 report due for candidates, political committees, committees of
continuous existence, electioneering communication organizations, and
independent expenditure- organizations (Cover Period April 1, 2008 -
July 18, 2008)
August 8 F2 report due for candidates, political committees, committees of
continuous existence, electioneering communication organizations, and
independent expenditure organizations (Cover Period July 19, 2008 -
August 1, 2008)
5
August 22 F3 report due candidates, political committees, committees of continuous
existence, electioneering communication organizations, independent
expenditure organizations, and State Executive Committees (Cover
Period August 2, 2008 -August 21, 2008))
August 26 PRIMARY ELECTION (Section 100.061, F.S. - on the Tuesday 10
weeks prior to the general election)
September 19 G1 report due for candidates, political committees, committees of
continuous existence, electioneering communication organizations, and
independent expenditure organizations (Cover Period August 22, 2008 -
September 12, 2008)
October 3 G2 report due for candidates, political committees, committees of
continuous existence, electioneering communication organizations, and
independent expenditure organizations (Cover Period September 13,
2008 -September 26, 2008)
October 17 G3 report due for candidates, political committees, committees of
continuous existence, electioneering communication organizations, and
independent expenditure organizations (Cover Period September 27,
2008 -October 10, 2008)
October 31 G4 report due for candidates, political committees, committees of
continuous existence, electioneering communication organizations,
independent expenditure organizations, and State Executive Committees
(Cover Period October 11, 2008 -October 30, 2008)
November 4 GENERAL ELECTION (Section 100.041, F.S. - on the 1S` Tuesday after
the 1S` Monday in November of each even-numbered year)
6
Chapter 5
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 any one 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
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, Expenditures.)
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.)
7
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.)
In-Kind Contribution: In-kind contributions are anything of value made for the purpose of
influencing the results of an election except money, personal services provided without
compensation by individual volunteers, independent expenditures, as defined in Section
106.011(5), F.S., or endorsements of three or more candidates by political committees or political
parties.
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 parry 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 used 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.)
8
Statewide Office: Governor, Cabinet, and Supreme Court Justice.
Unopposed Candidate: A candidate for nomination or election to an office, who, after the last
day on which any person, including awrite-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
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.)
9
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 DS-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 DS-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. 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.
Form DS-DE 84, Statement of Candidate must be filed with the filing officer within 10 days after
filing Form DS-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 DS-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 DS-DE 9. This
10
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 multicounry offices)
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 later than the earlier of the following dates:
• 1. The date the officer would take office, if elected; or
2. The date the officer's successor is required to take office.
(Section 99.012(3), F.S.)
A person who is a subordinate officer, deputy sheriff, or police officer must resign effective upon
qualifying pursuant to this chapter if the person is seeking to qualify for a public office that is
currently held by an officer who has authority to appoint, employ, promote, or otherwise supervise
that person and who has qualified as a candidate for reelection to that office.
(Section 99.021(4), F.S.)
The resign-to-run law does not apply to political party offices, persons serving without salary as
members of an appointive board or authority, and persons seeking federal office.
(Section 99.012(6), F.S.)
Changing Parties for Partisan Offices
A person who has been a candidate for nomination of a political parry may not change parties
and seek the nomination of another party during the six months preceding the general election.
(Section 99.021, F.S.)
11
Changing the Designation of Office
A candidate can change the designation of office by filing a new Form DS-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:
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 DS-DE 86, Request for
Return of Contribution.
4. If the contributor returns Form DS-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
DIVIDED 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 rata 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.)
12
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.
13
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. Fora 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 governmental entity. "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 forjudicial 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 parry 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 parry.
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.
14
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 to 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)
15
Chapter 8
Campaign Treasurers
Appointing Campaign Treasurers and Deputy Treasurers
Each candidate shall appoint a campaign treasurer by filing Form DS-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 DS-DE 9, as long as no contributions are received and no
expenditures are made.
1. Campaign treasurers and all deputy treasurers appointed prior to January 1, 2008, 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 DS-DE 9 with the filing officer.
5. A candidate for statewide office (Governor, Cabinet and Supreme Court Justice) may
appoint no more than 15 deputy campaign treasurers. Any other candidate may appoint no
more than three deputy campaign treasurers.
Form DS-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. 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.)
Duties and Responsibilities
No contribution or expenditure, including contributions or expenditures of a 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:
16
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.)
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:
17
1. Submitting his or her resignation to the candidate in writing and filing a copy with the filing
officer;
2. 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 filing a copy with the
filing officer;
2. 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 DS-DE 9, Appointment of Campaign Treasurer and Designation of Campaign Depository
for Candidates.
(Section 106.021(2), F.S.)
18
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.
IMPORTANT: 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 Form DS-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 cannot be
accepted prior to the candidate filing Form DS-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. "
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
DS-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.)
19
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.
~r~ .N~nllrtt ()nor f'nmpaa~n ~9.~a:~umi : l
~tN~r ii.ft~ ~l*it6"'Ik"~ Doh!
f~"X1)f• Ix fJt- Xl'.~ ~.um~rer ~esmpsray ~ t§,tl38
"two Hrrrdt~~ and gt3t•~ 4~ fNt~ 1.-1 R,
MANIC FLCyRlaA
TAt.lAA35EE,. FL ~2~,~3
f•!1K tii~~ rnatt~rials ;iratro~Ptn{(ign ~`vea~t
(Section 106.11(1), F.S.)
20
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 of Elections Opinion 00-03)
Credit Cards
Candidates for statewide office (Governor, Cabinet, and Supreme Court Justice) may obtain
and use credit cards for travel-related campaign expenditures. (See Chapter 11, Expenditures.)
(Section 106.125, F.S.)
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, regardless
of the size of the contribution (e.g., the reporting requirements would be the same fora 50 cent
contribution as fora $500 contribution).
(Section 106.011(3), F.S.)
Unauthorized Contributions
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.
(Section 106.08(3), F.S.)
Anonymous Contributions
When a candidate receives an anonymous contribution it must be reported on the candidate's
campaign treasurer's report as an anonymous contribution. A letter should be submitted to the
filing officer explaining the circumstances surrounding the acceptance of the anonymous
contribution.
22
The candidate cannot 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. Endorsements of three or more candidates by political committees or political parties.
(Section 106.011, F.S.)
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.
Travel conveyed upon private aircraft shall be valued at the actual cost of per person commercial
air travel for the same or a substantially similar route.
(Section 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 DS-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 of a cashier's check in
excess of $100. (Effective January 1, 2008, the maximum amount is $50)
23
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.)
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 parties, 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 card. Further information can be accessed by
contacting the Federal Election Commission at 1-800-424-9530 or on their website at
www.fec.gov.
A candidate may not:
1. Accept contributions until Form DS-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 any one person per election, provided the
candidate is an opposed candidate and the contribution is received within the timeframe
applicable to each election;
3. Accept con#ributions 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 parry; no more
than $25,000 of such contributions may be accepted prior to October 7, 2008. 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 (Governor, Cabinet and Supreme Court Justice) office may not
accept contributions from a national, state, or county executive committee of a political
parry, including any subordinate committee of a national, state, or county committee of a
24
political party, which contributions in the aggregate exceed $250,000, no more than
$125,000 of which may be accepted prior to October 7, 2008; 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.)
2008 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 returned to the contributor. It may not be used or expended by or on behalf
of the candidate.
A political parry 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 21, 2008
If opposed in the primary and general elections the candidate may accept:
• $500 no later than midnight on August 21, 2008
• $500 between August 27 and midnight on October 30, 2008
If opposed in the general election only the candidate may accept:
• $500 up through the day of the primary election on August 26, 2008
• $500 between August 27 and midnight on October 30, 2008
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 October 30, 2008 (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 21, 2008
If opposed in the primary and general elections:
• $500 no later than midnight on August 21, 2008
• $500 between August 27, 2008 and midnight on October 30, 2008
25
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 of the 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 include 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 campaign 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 if 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 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.
A candidate or the spouse of a candidate may not use campaign funds 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 106.011(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 (Governor, Cabinet, and Supreme Court Justice)
candidates.
• $100 per week for all other candidates.
(Sections 106.07 and 106.12, F.S., and Division of Elections Opinion 06-10)
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.
28
2. A statement that no candidate has approved the advertisement.
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, including 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 (Governor, Cabinet, and Supreme Court Justice) may obtain
a credit card under the following conditions:
29
1. For use in making travel-related campaign expenditures to include transportation, lodging,
meals, and other travel expenses incurred.
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
use.
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
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; and
3. 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.
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.)
31
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.
(Section 106.143, F.S.)
Candidate Disclaimers
Any political advertisement that is paid for by a candidate and that is 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 affiliation) for (office 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.
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
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
32
3. Non-inc~umbr~ent, no party affiliation candidate running for partisan office:
Ci~~r _ ELECT
Wess Farosi
For State Senate
Political advertisement paid for and approved by Wess
Farosi, No Parry Affiliation, for State Senate
4. Non-incumbent candidate running for nonpartisan office:
! ELECT
John Jones
For School Board
Political advertisement paid for and approved by John Jones
for School Board
5. Incumbent candidate running for nonpartisan office:
RE-ELECT
Jane Doe
School Board
Political advertisement paid for and approved by Jane Doe
for School Board
Non-incumbent Advertisements
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.
33
Example
Elect A. Newguy
for
County Commission
District 5
Advertisement paid for and approved by
A. Newguy, Independent Parry of Florida, for
County Commission
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." 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.
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 July 15, 2006
Democrat Dear Sir or Madam:
Supported by Pup P. Doa Foundation
Please let this letter serve as
Pd. Pol. Adv. sponsored and paid for in-kind by our approval of the political
Pup P. Dog Foundation, Zero Street, Jupiter, FL 32323 advertisement supporting Joe
Approved by Joe Cool, Democrat, Cool for County Commission,
For County Commission District 1.
The content of this
advertisement was reviewed
and approved in advance.
Sincerely,
Mr. Canine
34
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 advertisement 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:
a
00 ~ POT O'GOLD ORGANIZATION JUIy 15, 2006 e
Supports the Re-Election of
Goldie Green Dear Sir or Madam:
Nassau County Judge
-- - Please let this letter serve as
Pd. Pol. Adv. by Pot O'Gold Organization my approval of the political
111 Jewel Street, Tallahassee, FL 32333 advertisement by the Pot
Content approved in advance by Goldie Green, O'Gold Organization supporting
For Nassau County Judge my candidacy for Nassau
County Judge.
Sincerely,
Goldie Green
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.
35
Example
1. Independent expenditure political advertisement supporting a partisan candidate running for a
partisan office:
Bird of a Feather Assoc.
Birds of a Feather Association
Supports July 15, 2006
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
Disclaimers on Novelty Items
None of the requirements of Section 106.143, Florida Statutes, apply to novelty items having a
retail value of $10 or less which support, but do not oppose, a candidate or issue.
Examples
y.
n ,
~
~
M~ ~
1;
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
disclaimer commits a misdemeanor of the first degree, punishable as provided in Section 775.082
or 775.083, F.S.
36
Use of Closed Captioning and Descriptive Narrative in all
Television Broadcasts
Each candidate, political parry, 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
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: ELE
Road R ner
Sheri
Politic I advertis ent aid or
n appro ed by
Road unner, R ublican, f r
Sheri
2. Items designed to be worn by a person:
G
~
~nr- Re-elect
T.S. HIRT
A
Sheriff
(Rep)
~ J
37
3. Fund raiser mailouts:
~-~ ~
i -
1~~.. -- ~=~3
Mr. John Doe
COME ONE! COME ALL! 333 Three Street I'LL BE THERE!
Miami, FL 33333
Fish Fry Put me down for
to Raise Funds for tickets
FRANK JONES Pd. Pol. Adv.
(Adults $10.00 -Kids Under 12 Free) Paid for in-kind by ABC
Pd. Pol. Adv. Committee,
Paid for in-kind by ABC Committee, Third Street, Miami, FL 33333
Third Street, Miami, FL 33333 Approved by Frank Jones
Approved by Frank Jones (NPA) for (NPA) for
Dog Catcher Dog Catcher
The purchase of a ticket for or a contribution The purchase of a ticket for or a
to the campaign fund raiser is a contribution contribution to the campaign
to the campaign of Frank Jones. fund raiser is a contribution to
the campaign of Frank Jones.
4. Bumper stickers:
B. Beep
State Senate, District 17
Political advertisement paid for and approved
by B. Beep, Rep., for State Senate
38
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). "
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.)
39
Chapter 14
Solicitation
Telephone Solicitation
1. Disclosure requirements:
a. Any electioneering communication telephone call or telephone call supporting or
opposing a candidate must identify the persons or organizations sponsoring the call by
stating either: "paid for by (insert name of persons or organizations
sponsoring the call)" or "paid for on behalf of (insert name of persons or
organizations authorizing call)." This does not apply to any telephone call in 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 that 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 paragraph.
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, which expressly advocates for or against a candidate, requires prior written
authorization by the candidate. A copy of such written authorization must be placed on file
with the qualifying officer by the candidate 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.)
40
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 required 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 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.
c. Form DS-DE 100, Telephone Solicitation, Registered 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.)
41
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). 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 10`h 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 10`h 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.
Reports must also be filed on the 32"d 18`h and 4`h days immediately preceding the primary
election and on the 46`h 32"d 18"' and 4`h days immediately preceding the general election.
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 12:00 a.m., Eastern Standard Time, of the
due date. (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 August 22 and October 31, 2008, 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. All fines
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. (Waivers filed with the Division of
Elections must be filed using the EFS.) 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.
(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 clear a description as practicable of the principal type
of business conducted for corporations contributing. The principal type of business or the
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.
43
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 by law.
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 using form DS-DE 02.
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 submit a written
explanation to the filing officer.
(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.
4. Credit cards may be used by statewide (Governor, Cabinet and Supreme Court Justice)
candidates only -expenditures made by credit card must be itemized. (See Division of
Elections Opinion 05-07.)
5. Amount and nature of debts and obligations owed by or to the candidate, which relate to the
conduct of any political campaign.
44
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 DS-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 DS-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.)
45
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 reports.
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.
46
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 parry 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 of the 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 funds 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 soon 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.
(Section 106.141, F.S.)
Campaign Loans Report
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 DS-DE 73 and 73A, Campaign
47
Loans Report within ten days after being elected to office. Loan reports filed with the Division of
Elections must be filed using the EFS.
Any person who makes a contribution to an individual to pay all or part of a loan incurred 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.)
48
Chapter 17
Electronic Filing of Campaign Reports
The Electronic Filing System (EFS) is an Internet system for recording and reporting campaign
finance activity. 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 12:00 a.m., Eastern Standard
Time, of the due date. Reports not filed by this time are late filed and are subject to the
penalties under Sections 106.04(8), 106.07(8), or 106.29(3), F.S., as applicable.
2. Are considered to be under oath by the candidate and treasurer, 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 the EFS 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 Internet Explorer you can access the EFS at httg://efs.dos.state.fl.us. Each candidate 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 to a 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 User's 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) 245-6240
EFS HELP GUIDE
http://election.dos.state.fl.us/publications/pdf/2007EFSmanual.pdf
50
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.
As the duties and responsibilities of each office are different, what are considered "legitimate
expenses in connection with the candidate's public office" will vary. For additional information,
please contact the legal or accounting department for your office.
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.)
51
Reporting Office Account Funds
A candidate is required to file a report on the 10`h day following the end of each calendar quarter
following the 90-day termination report until the office account is closed by filing:
1. Form DS-DE 48, Office Account Report, and
2. Form DS-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 subdivision 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., and Division of Elections Opinion 06-04)
52
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 earned. (Section 106.06,
F.S.)
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 (Governor, Cabinet and Supreme Court Justice) 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 submission to the treasurer. (Section 106.11, F.S.)
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
53
be accounted for and subject to the same restrictions as other campaign expenditures.
(Section 106.025, F.S.)
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 earned. (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.
54
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
website provides 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
depositor money market account.
9. Make sure authorization for advertising has been obtained from the candidate.
55
Chapter 21
Frequently Asked Questions
Candidates
If I want to beano party affiliation candidate, can I still be registered to vote as a
Republican or Democrat?
Yes. Any registered elector who qualifies for office without party affiliation will have their name
placed on the ballot at the general election without party affiliation. (Section 99.0955(1), F.S.)
Do I have to designate a campaign treasurer and depository before I make public my
intention to run for office?
No. A person must appoint a campaign treasurer and designate a depository prior to qualifying for
office, obtaining petitions, accepting contributions or making expenditures. Nothing in the election
laws prohibits a person from announcing their intention to become a candidate prior to
designating a treasurer or depository as long as no contributions are received and no
expenditures are made in connection with that announcement. (Section 106.021, F.S.)
What if I want to change my campaign treasurer or other officers?
File a reappointment of campaign treasurer (Form DS-DE 9) with the filing officer along with a
copy of the letter of resignation or removal.
How are judges elected in Florida and what are their terms?
Merit Retention
Not all judges in Florida are elected to office. Supreme Court Justices and Judges of the District
Court of Appeal are always appointed by the Governor from a list of three to six candidates
presented by the Judicial Nominating Commission for that court. Once appointed, they must
serve at least one year before the next general election and, thereafter, must face a "yes" or "no"
vote every six years as to whether they will remain in office. If a judge is not retained the
appointment process starts again. Further information can be obtained from the Florida State
Courts website at ww~r~.t7courts.ore.
Elected Judges
Circuit judges and county court judges have six year terms that begin on the first Tuesday after
the first Monday in January following the general election. They are on the primary and general
election ballots the year before the term ends in January. If a judicial candidate receives a
majority of the votes at the primary election, the candidate's name will not appear on the general
election ballot unless awrite-in candidate has qualified for the same office. If no candidate
receives a majority of the votes at the primary election, the names of the two candidates receiving
the highest number of votes will appear on the general election ballot. The candidate receiving
the highest number of votes at the general election is elected to office.
Can a judicial candidate speak at a political party function?
A judicial candidate may attend and speak in his own behalf at political party functions. However,
care must be exercised to insure compliance with the election laws and the Code of Judicial
Conduct. (Chapter 105, F.S. and DEO 78-34)
56
I am a county court judge candidate. Where do I file and qualify?
You must file your appointment of campaign treasurer and designation of campaign depository
and qualify with the supervisor of elections office in the county where you reside. (Section
105.031, F.S.)
When can I start collecting signatures to qualify as a petition candidate?
Before collecting any signatures, all candidates (except federal candidates) must file the
Appointment of Campaign Treasurer and Designation of Campaign Depository (Form DS-DE 9)
with the filing officer. Each petition must be submitted before noon of the 26th day preceding the
first day of the qualifying period for the office sought to the Supervisor of Elections of the county in
which such petition was circulated.
Campaign Advertising
What information must be included on a political disclaimer?
Political advertisement paid for by a candidate:
"Political advertisement paid for and approved by
(name of candidate) (party affiliation) for (office sought)."
Political advertisement not paid for by a candidate:
"paid political advertisement" or "pd. pol. adv."
"(name and address of the persons sponsoring the advertisement)"
Political advertisement not paid for by a candidate, that supports a candidate, but is not an
independent expenditure:
"paid political advertisement" or "pd. pol. adv."
"(name and address of the persons sponsoring the advertisement)"
"The content of this advertisement was approved by the candidate."
Political advertisement not paid for by a candidate, that supports a candidate, and is an
independent expenditure:
"paid political advertisement" or "pd. pol. adv."
"(name and address of the persons sponsoring the advertisement)"
"No candidate approved this advertisement."
(For more disclaimer examples see http://election.dos.state.fl.us/ndf/adHandout.pdf)
Can my political ad say "re-elect" if I'm not the incumbent?
The word "re-elect" may not be used if the candidate is not the incumbent for the office sought.
The word "for" must be used between the name of the candidate and the office sought. (Section
106.143(5), F.S.)
What is an electioneering communication?
Paid expressions other than the spoken word that refer to or depict a clearly identified candidate
or issue, but do not expressly advocate the election or defeat of a candidate or issue. Expressly
advocate means the communication has words such as "vote for," "vote against" or "elect."
57
(Section 106.011(18), F.S.)
Do electioneering communications need disclaimers?
Yes. The disclaimer must read:
"Paid electioneering communication paid for by
(name and address of person paying for the communication)"
(Section 106.1439, F.S.)
Do I have to report expenditures for electioneering communications?
Yes. If the expenditure is not otherwise reported, it must be reported if the expenditure was $100
or more. It is reported in the same manner, at the same time and subject to the same penalties as
are political committee expenditures. (Section 106.071(1), F.S.)
Campaign Finance
Do candidates for precinct committeeperson have to file campaign reports and comply
with Chapter 106, F.S.?
No. Persons seeking election to political party executive committees are specifically exempt from
the definition of "candidate" and are therefore not subject to the requirements of Chapter 106,
F.S. (Sections 103.091 and 106.011(16), F.S.)
May a candidate appointment himself or herself as campaign treasurer?
Yes. (Section 106.021(1)(c), F.S.)
Must a campaign treasurer be a registered voter in Florida?
Yes, if appointed prior to January 1, 2008; thereafter, the campaign treasurer need not be a
registered voter in Florida. (Section 106.021(1)(c), F.S.)
How many deputy treasurers may a candidate or political committee have?
Candidates for statewide office may appoint up to 15 deputy treasurers. Other candidates and
political committees may appoint up to 3 deputy treasurers. (Section 106.021(1)(a), F.S.)
Can a deputy treasurer file and submit campaign reports?
Yes. A deputy treasurer may perform all of the duties of a campaign treasurer when specifically
authorized to do so by the campaign treasurer in the case of a candidate, or the campaign
treasurer and chairperson in the case of a political committee. (Section 106.021(4), F.S.)
Who is responsible for keeping tabs on aggregate totals of campaign contributions?
The campaign treasurer is responsible for receiving and reporting all contributions. (Section
106.06, F.S.)
May a candidate accept a contribution from a trust fund?
Yes. Chapter 106, F.S., defines a "person" as an individual, corporation, association, firm,
58
partnership, joint venture, joint stock company, club, organization, estate, trust, business trust,
syndicate, or other combination of individuals having collective capacity. The term also includes a
political parry, political committee or committee of continuous existence. (Section 106.011(8),
F.S.)
Do I have to itemize small contributions of $5, $10, $50, etc.?
Yes. The law provides no exceptions for the reporting of contribution information, regardless of
the size of the contribution. The full name and address of the contributor are also required.
(Section 106.07(4)(a), F.S.)
Are in-kind contributions subject to the same limitations as monetary contributions?
Yes. In Chapter 106, F.S., the definition of a "contribution" includes contributions in-kind having
an attributable monetary value in any form. Therefore, in-kind contributions are subject to the
same limitations set for monetary contributions. (Section 106.011(3) and 106.08, F.S.)
How is the value of an in-kind contribution determined?
The contributor must inform the person receiving the contribution of the fair market value at the
time it is given. (Section 106.055, F.S.)
Can a corporation give to a candidate, political committee or political party?
Yes. A corporation is under the definition of a "person" in Chapter 106, F.S. (Section 106.011(8),
F.S.)
I am opposed in the general election, but 1 have no opposition in the primary election,
therefore, my name will not be on the primary election ballot. Must 1 abide by the
prohibition on accepting contributions less than five days prior to the primary election?
No. Only candidates opposed in the primary election are required to comply. However, since you
are opposed and your name will appear on the general election ballot, you are required to abide
by the prohibition on accepting contributions less than 5 days prior to the general election.
(Section 106.08(3), F.S.)
Can 1 conduct a raffle to raise money for my campaign?
No. Pursuant to Section 849.09, Florida Statutes, it is unlawful for any person in this state to set
up, promote, or conduct any lottery for money or anything of value.
I was given cash at a rally and have no information on who it is from? What do I do?
Report this contribution on your campaign report but do not spend these funds on the campaign.
After the campaign is over, dispose of the funds pursuant to Section 106.141, F.S. (DEO 89-02)
As a candidate, what can I do with leftover campaign funds?
You may disburse of funds by any of the following means or a combination thereof:
• return pro rata to each contributor;
• donate to a charitable organization or organizations that meet the qualifications of s.
501(c)(3) of the Internal Revenue Code;
• give not more than $10,000 to the political party of which the candidate is a member
(except that a candidate for State Senate may give not more than $30,000);
59
• in the case of a candidate for state office, give the funds to the state to be deposited in
the General Revenue Fund; or
• in the case of a candidate for an office of a political subdivision, to such political
subdivision to be deposited in the general fund thereof.
Candidates who have received contributions for public campaign financing shall return all surplus
funds to the state.
Candidates shall reimbursement the state or local government entity, in the order listed below, if
they:
• filed an oath stating they were unable to pay the election assessment; and/or
• filed an oath stating they were unable to pay the fee for the 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
• qualified by the alternative method and was not required to pay an election assessment.
In addition to the methods listed above, a candidate elected to office (or will be elected by virtue
of being unopposed) may transfer funds from the campaign account to an office account to be
used only for legitimate expenses in connection with the candidate's public office. The amount
which can be transferred is limited pursuant to Section 106.141(5), F.S. (Section 106.141(5),
F.S.)
What are considered "legitimate office expenses" for purposes of office accounts?
As the duties and responsibilities of each office is different, what are considered legitimate office
expenses will vary. For further information specifically related to your office, please contact your
office's legal or accounting department. '
Can I combine my leftover campaign funds with a legislative account?
No. The office account must be separate from any other account (including a legislative account).
(Section 106.141, F.S.)
I am an elected official and still have funds in my office account. I am now beginning my
re-election campaign. May I place the surplus funds in the office account into my
campaign account for re-election?
No. Funds retained by elected officials in their office accounts may only be used for legitimate
expenses in connection with their public office. (Section 106.141(5), F.S.)
Do I have to file campaign reports on the Electronic Filing System (EFS)?
If the Division of Elections is your filing officer, you are required to file all campaign reports via the
EFS. If your filing officer is other than the Division of Elections, you must contact their office to
find out their requirements. (Section 106.0705, F.S.)
If my treasurer is out of town, can 1 have an extension to file my report?
No. The election laws do not provide .for an extension under these circumstances. (Sections
106.04(4)(b)1., 106.07(2)(b) and (3), F.S.)
60
If I make a mistake on my report can I go back in and correct it on the EFS?
Once the report is submitted to the Division of Elections, the EFS will not permit you to go back
and make changes. In order to correct mistakes or add and delete information, you must submit
an "amendment."
If I am late submitting my report, how is my fine calculated?
Candidates, political committees, electioneering communication organizations and
independent expenditures: $50 per day for the first 3 days late and, thereafter, $500 per day for
each late day, not to exceed 25% of the total receipts or expenditures, whichever is greater for
the period covered by the late report. However, for reports immediately preceding the primary and
general election, the fine shall be $500 per day for each day, not to exceed 25%of the total
receipts or expenditures, which is greater, for the period. covered by the late report.
Committees of continuous existence: $50 per day for the first 3 days late and, thereafter, $500
per day for each late day, not to exceed 25% of the total receipts or expenditures, whichever is
greater for the period covered by the late report.
State and county executive committees: $1,000 for a state executive committee and $50 for a
county executive committee per day for each late day, not to exceed 25% of the total receipts or
expenditures, whichever is greater, for the period covered by the late report. However, if an
executive committee fails to file a report on the Friday immediately preceding the general
election, the fine is $10,000 per day for each late day a state executive committee is late and
$500 per day for each day a county executive committee is late.
How long are campaign records kept at the Division of Elections or the supervisor of
elections?
Ten years from the date of receipt. (Sections 98.015(5) and 106.22(4), F.S.)
61
Chapter 22
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
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.fl.us.
(Sections 106.25 and 106.28, F.S.)
62
Florida Supervisors of Elections
Alachua County Broward County
The Honorable Pam Carpenter The Honorable Brenda C. Snipes
111 S.E. 1st Street 115 South Andrews Avenue, Room 102
P.O. Box 1496 P.O. Box 029001
Gainesville, FL 32601 Fort Lauderdale, FL 33301
Phone: 352.374.5252 Phone: 954.357.7050
Fax: 352.374.5264 Fax: 954.357.7070
Email: pwc@alachuacounty.us Email: Elections(c~browardsoe.org
Web: www.elections.alachua.fl.us Web: vwvw.browardsoe.org
Baker County Calhoun County
The Honorable Nita D. Crawford The Honorable Margie C. Laramore
32 North 5th Street, Suite A 20859 Central Avenue East, Room G-10
P.O. Box 505 Blountstown, FL 32424
Macclenny, FL 32063 Phone: 850.674.8568
Phone: 904.259.6339 Fax: 850.674.2449
Fax: 904.259.2799 Email: soecalcoCa~atcom.net
Email: electionna.nefcom.net Web: www.votecalhoun.com
Web: www.bakercountvfl.org/elections
Charlotte County
Bay County The Honorable Mac V. Horton
The Honorable Mark Andersen 410 Taylor Street
205 Mosley Drive P.O. Box 511229
Lynn Haven, FL 32444 Punta Gorda, FL 33951
Phone: 850.784.6100 Phone: 941.637.2232
Fax: 850.784.6141 Fax: 941.637.2231
Email: baysuoer(a~bawotes.org Email: soela~charlottevotes.com
Web: www.bayvotes.oro Web: www.charlottevotes.com
Bradford County Citrus County
The Honorable Terry L. Vaughan The Honorable Susan A. Gill
945 North Temple Avenue, Suite C 120 North Apopka Avenue
P.O. Box 58 Inverness, FL 34450
Starke, FL 32091 Phone: 352.341.6740
Phone: 904.966.6266 Fax: 352.341.6749
Fax: 904.966.6165 Email: vote elections.citrus.fl.us
Email: bradsoe@bradford-co-fla.orq Web: www.votecitrus.com
Web: www.bradfordelections.com
Clay County
Brevard County The Honorable Barbara A. Kirkman
The Honorable Fred D. Galey 1417-1 South Orange Avenue
400 South Street, Suite 1 F P.O. Box 337
P.O. Box 1119 Green Cove Springs, FL 32043
Titusville, FL 32780 Phone: 904.284.6350
Phone: 321.264.6740 Fax: 904.284.3975
Fax: 321.264.6741 Email: bkirkman~clavelections.com
Email: faalev _brevardelections.org Web: www.clavelections.com
Web: www.brevardelections.org
63
Collier County Flagler County
The Honorable Jennifer J. Edwards The Honorable Peggy Rae Border
3301 East Tamiami Trail, Dr. MLK Jr. Bldg. 1769 E. Moody Blvd., Building 2, Suite 101
Naples, FL 34112 P.O. Box 901
Phone: 239.774.8450 Bunnell, FL 32110
Fax: 239.774.9468 Phone: 386.437.7447
Email: suoervisorofelectionsCa~collieryov.net Fax: 386.437.7468
Web: www.collienrotes.com Email: pborder flaglerelections.com
Web: www.flaglerelections.com
Columbia County
The Honorable Elizabeth P. Horne Franklin County
971 West Duval Street, Suite 102 The Honorable Doris Shiver Gibbs
Lake City, FL 32055 47 Avenue F
Phone: 386.758.1026 Apalachicola, FL 32320
Fax: 386.755.7233 Phone: 850.653.9520
Email: electionlg votecolumbia.com Fax: 850.653.9092
Web: www.votecolumbia.com Email: dorisola~votefranklin.com
Web: www.votefranklin.com
Desoto County
The Honorable Mark F. Negley Gadsden County
201 East Oak Street, Suite 104 The Honorable Shirley Green Knight
P.O. Box 89 16 South Madison Street
Arcadia, FL 34266 P.O. Box 186
Phone: 863.993.4871 Quincy, FL 32351
Fax: 863.993.4875 Phone: 850.627.9910
Email: infoCg.votedesoto.com Fax: 850.627.6144
Web: www.votedesoto.com Email: infola~gadsdensoe.com
Web: www.gadsdensoe.com
Dixie County
Vacant at this time Gilchrist County
214 NE 351 HWY, Suite B The Honorable Connie D. Sanchez
P.O. Box 2057 112 South Main Street, Room 128
Cross City, FL 32628 Trenton, FL 32693
Phone: 352.498.1216 Phone: 352.463.3194
Fax: 352.498.1218 Fax: 352.463.3196
Email: dixiecountvsoe(a~bellsouth.net Email: electionsCa~votegilchrist.com
Web: htto://elections.dixie.fl.gov Web: www.votegilchrist.com
Duval County Glades County
The Honorable Jerry Holland The Honorable Holly Whiddon
105 East Monroe Street 500 Avenue J
Jacksonville, FL 32202 P.O. Box 668
Phone: 904.630.1414 Moore Haven, FL 33471
Fax: 904.630.2920 Phone: 863.946.6005
Email: jholland .coj.net Fax: 863.946.0313
Web: www.duvalelections.com Email: hollvCa~skyeone.com
Web: none
Escambia County
The Honorable David H. Stafford Gulf County
213 Palafox Place, 2"d Floor The Honorable Linda Griffin
P.O. Box 12601 401 Long Avenue
Pensacola, FL 32502 Port St. Joe, FL 32456
Phone: 850.595.3900 Phone: 850.229.6117
Fax: 850.595.3914 Fax: 850.229.8975
Email: david stafford cC~co.escambia.fl.us Email: gulfsoet~gtcom.net
Web: www.escambiavotes.com Web: www.votegulf.com
64
Hamilton County Holmes County
The Honorable Laura Dees The Honorable Debbie Wilcox Morris
1153 US Highway 41, NE, Suite 1 201 North Oklahoma Street, Suite 102
Jasper, FL 32052 Bonifay, FL 32425
Phone: 386.792.1426 Phone: 850.547.1107
Fax: 386.792.3205 Fax: 850.547.4168
Email: elect(a~alltel.net Email: dwilcoxmorris(a~earthlink.net
Web: www.hamiltonvotes.com Web: www.holmeselections.com
Hardee County Indian River County
The Honorable Jeffry Ussery The Honorable Kay Clem
311 North 6th Avenue 4375 43~d Avenue
Wauchula, FL 33873 Vero Beach, FL 32967
Phone: 863.773.6061 ~ Phone: 772.226.3440
Fax: 863.773.6813 Fax: 772.770.5367
Email: hardeesoeCawahoo.com Email: info(c~voteindianriver.com
Web: www.hardeecountvelections.com Web: www.voteindianriver.com
Hendry County Jackson County
The Honorable Lucretia A. Strickland The Honorable Sylvia D. Stephens
25 E. Hickpochee Avenue 2851 Jefferson Street
P.O. Box 174 P.O. Box 6046
LaBelle, FL 33975 Marianna, FL 32448
Phone: 863.675.5230 Phone: 850.482.9652
Fax: 863.675.7803 Fax: 850.482.9102
Email: supervisor(a~hendrvelections.org Email: email(c~iacksoncountvsoe.org
Web: www.hendrvelections.org Web: www.iacksoncountysoe.or4
Hernando County Jefferson County
The Honorable Annie D. Williams The Honorable Marty Bishop
20 North Main Street, Room 165 380 West Dogwood Street
Brooksville, FL 34601 Monticello, FL 32344
Phone: 352.754.4125 Phone: 850.997.3348
Fax: 352.754.4425 Fax: 850.997.6958
Email: awilliamsla~hernandocounty.us Email: soeieffersonco(a~aol.com
Web: www.hernandovotes.com Web: www.ieffersonvotes.com
Highlands County Lafayette County
The Honorable Joe A. Campbell The Honorable Lana B. Morgan
580 South Commerce Avenue, Suite 201A 120 W. Main Street
P.O. Drawer 3448 P.O. Box 76
Sebring, FL 33870 Mayo, FL 32066
Phone: 863.402.6655 Phone: 386.294.1261
Fax: 863.402.6657 Fax: 386.294.2164
Email: soe(a~bcc.co.hiphlands.fl.us Email: IafavettesoeCa~alltel.net
Web: www.heartline.org/elections Web: www.lafavettevotes.com
Hillsborough County Lake County
The Honorable Buddy Johnson The Honorable Emogene W. Stegall
601 East Kennedy Boulevard, 16th Floor 315 West Main Street, Rm 144
Tampa, FL 33602 P.O. Box 457
Phone: 813.272.5850. Tavares, FL 32778
Fax: 813.272.7043 Phone: 352.343.9734
Email: voter anhillsborouahcountv.ora Fax: 352.343.3605
Web: www.votehillsborouoh.org Email: electionsCa~co.lake.fl.us
Web: http:/lelections.co.lake.fl.us
65
Lee County Manatee County
The Honorable Sharon L. Harrington The Honorable Bob Sweat
2480 Thompson Street 305 15th Street West
P.O. Box 2545 P.O. Box 1000
Fort Myers, FL 33901 Bradenton, FL 34205
Phone: 239.533.8683 Phone: 941.741.3823
Fax: 239.553.6310 Fax: 941.741.3820
Email: jbeaumont~leeelections.com Email:. info al~.votemanatee.com
Web: www.leeelections.com Web: www.votemanatee.com
Leon County Marion County
The Honorable Ion V. Sancho The Honorable Dee Brown
315 South Calhoun Street, Suite 110 402 S.E. 25th Avenue
P.O. Box 7357 P.O. Box 289
Tallahassee, FL 32301 Ocala, FL 34471
Phone: 850.606.8683 Phone: 352.620.3290
Fax: 850.606.8601 Fax: 352.620.3286
Email: vote al~leoncountvfl.gov Email: ElectionsCc~VoteMarion.com
Web: www.leoncountvfl.aov/elect Web: www.VoteMarion.com
Levy County Martin County
The Honorable Connie Asbell The Honorable Vicki Davis
421 South Court Street 135 SE Martin Luther King Jr. Blvd.
Bronson, FL 32621 P.O. Box 1257
Phone: 352.486.5163 Stuart, FL 34994
Fax: 352.486.5146 Phone: 772.288.5637
Email: electionsCc~votelevv.com Fax: 772.288.5765
Web: www.votelevv.com Email: electionsla~martinvotes.com
Web: www.martinvotes.com
Liberty County
The Honorable Marcia A. Wood Miami-Dade County
10818 N.W. SR 20, Courthouse The Honorable Lester Sola
P.O. Box 597 2700 N.W. 87th Avenue
Bristol, FL 32321 P.O. Box 521550
Phone: 850.643.5226 Miami, FL 33172
Fax: 850.643.5648 Phone: 305.499.8683
Email: vote .libertyelections.com Fax: 305.499.2501
Web: htto://libertvelections.com Email: solalCc~miamidade.aov
Web: www.miamidade.aov/elections
Madison County
The Honorable Jada W. Williams Monroe County
229 S.W. Pinckney Street, Room 113 The Honorable Harry L. Sawyer
Madison, FL 32340 530 Whitehead Street, Suite 101
Phone: 850.973.6507 Key West, FL 33040
Fax: 850.973.3780 Phone: 305.292.3416
Email: electionsCa~votemadison.com Fax: 305.292.3406
Web: www.votemadison.com Email: info(c~keys-elections.org
Web: www.kevs-elections.ora
66
Nassau County Pasco County
The Honorable Vicki Peterson Cannon The Honorable Brian E. Corley
96135 Nassau Place, Suite 3 14236 6th Street, Suite 200
Yulee, FL 32097 P.O. Box 300
Phone: 904.491.7500 Dade City, FL 33523
Fax: 904.432.1400 Phone: 352.521.4302
Email: vcannonC~?votenassau.com Fax: 352.521.4319
Web: www.votenassau.com Email: feedback@pascovotes.com
Web: www.pascovotes.com
Okaloosa County
The Honorable Pat Hollarn Pinellas County
302 Wilson St. N., Suite 102 The Honorable Deborah Clark
Crestview, FI 32536 13001 Starkey Rd.
Phone: 850.689.5600 Largo, FI 33773
Fax: 850.689.5644 Phone: 727.464.6108
Email: phollarn[c~co.okaloosa.fl.us Fax: 727.464.6239
Web: www.povote-okaloosa.com Email: election voteginellas.com
Web: www.voteninellas.com
Okeechobee County
The Honorable Gwen Chandler Polk County
304 Northwest 2nd Street, Rm 101 The Honorable Lori Edwards
Okeechobee, FL 34972 250 South Broadway Avenue
Phone: 863.763.4014 P.O. Box 1460
Fax: 863.763.0152 Bartow, FL 33830
Email: electionsCa~voteokeechobee.com Phone: 863.534.5888
Web: www.voteokeechobee.com Fax: 863.534.5899
Email: loriedwards~aolkelections.com
Orange County Web: www.polkelections.com
The Honorable Bill Cowles
119 West Kaley Street Putnam County
P.O. Box 562001 The Honorable Susan McCool
Orlando, FL 32806 107 N. 6th Street
Phone: 407.836.2070 Palatka, FL 32177
Fax: 407.254.6596 Phone: 386.329.0224
Email: voter .ocfelections.com Fax: 386.329.0455
Web: www.ocfelections.com Email: mccoolC~outnam-fl.com
Web: www.outnam-fl.com/soe
Osceola County
The Honorable Donna Bryant Santa Rosa County
2509 East Irlo Bronson Highway The Honorable Ann W. Bodenstein
P.O. Box 420759 6495 Caroline Street, Suite F
Kissimmee, FL 34744 Milton, FL 32570
Phone: 407.742.6000 Phone: 850.983.1900
Fax: 407.742.6001 Fax: 850.626.7688
Email: osc soe a(~osceola.orq Email: soe-bodenstein(c~co.santa-rosa.fl.us
Web: www.osceolaelections.org Web: www.santarosa.fl.pov/elections
Palm Beach County Sarasota County
The Honorable Arthur Anderson The Honorable Kathy Dent
240 South Military Trail 101 South Washington Boulevard
P.O. Box 22309 P:O. Box 4194
West Palm Beach, FL 33415 Sarasota, FL 34236
Phone: 561.656.6200 Phone: 941.861.8600
Fax: 561.656.6287 Fax: 941.861.8609
Email: mailboxC~pbcelections.ora Email: kdentCa~srpelections.com
Web: www.pbcelections.or4 Web: www.sraelections.com
67
Seminole County Union County
The Honorable Michael Ertel The Honorable Babs R. Montpetit
1500 East Airport Boulevard 55 West Main Street, Room 106
P.O. Box 1479 Lake Butler, FL 32054
Sanford, FL 32773 Phone: 386.496.2236
Phone: 407.708.7700 Fax: 386.496.1535
Fax: 407.708.7705 Email: unionsoe~circuit8.ora
Email: ertelC~voteseminole.ora Web: none
Web: h_ttp://voteseminole.ora
Volusia County
St. Johns County The Honorable Ann McFall
The Honorable Penny Lee Halyburton 125 West New York Avenue
4455 Avenue A, Suite 101 Deland, FL 32720
St. Augustine, FL 32095 Phone: 386.736.5930
Phone: 904.823.2238 Fax: 386.822.5715
Fax: 904.823.2249 Email: elections@co.volusia.fl.us
Email: pennvh(c~sicvotes.us Web: www.volusia.ora/elections
Web: www.sicvotes.us
Wakulla County
St. Lucie County The Honorable Sherida S. Crum
The Honorable Gertrude Walker 3115-B Crawfordville Hwy.
Orange Blossom Business Center P.O. Box 305
4132 Okeechobee Road Crawfordville, FL 32327
Fort Pierce, FL 34947 Phone: 850.926.7575
Phone: 772.462.1500 Fax: 850.926.8104
Fax: 772.462.1439 Email: scrumCa~wakullaelection.com
Email: electionsC~slcelections.com Web: www.wakutlaelection.com
Web: www.slcelections.com
Walton County
Sumter County The Honorable Bobby Beasley
The Honorable Karen S. Krauss 312 College Avenue, Unit E
900 N. Main Street DeFuniak Springs, FL 32435
Bushnell, FL 33513 Phone: 850.892.8112
Phone: 352.793.0230 Fax: 850.892.8113
Fax: 352.793.0232 Email: bbeaslevCa~co.walton.fl.us
Email: Kkrauss~sumterelections.ora Web: www.votewaltoncountv.com
Web: www.sumterelections.org
Washington County
Suwannee County The Honorable Carol Finch Griffin
The Honorable Glenda B. Williams 1331 South Boulevard, Suite 900
220 Pine Avenue, S.W. Chipley, FL 32428 '
Live Oak, FL 32064 Phone: 850.638.6230
Phone: 386.362.2616 Fax: 850.638.6238
Fax: 386.364.5185 Email: washcovotes~vol.com
Email: awilliamsCc~suwanneevotes.com Web: www.washingtonfl.com/elections.htm
Web: www.suwanneevotes.com
Taylor County
The Honorable Molly Hendry Lilliott
108 North Jefferson Street, Suite 202
P.O. Box 1060
Perry, FL 32347
Phone: 850.838.3515
Fax: 850.838.3516
Email: tavlorelections~atcom.net
Web: www.tavlorelections.com
68
This publication is available in alternate format upon request by contacting 850.245.6240.
CODE OF THE City of MIAMI BEACH, FLORIDA Codified through Ord. No.
2007-3581, enacted Oct. 17, 2007. (Supplement No. 33) /Chapter 2
ADMINISTRATION* /ARTICLE VII. STANDARDS OF CONDUCT* /DIVISION 5.
CAMPAIGN FINANCE REFORM /Sec. 2-487. Prohibited campaign contributions
by vendors.
Sec. 2-487. Prohibited campaign contributions by vendors.
A. General.
(1) (a) No vendor shall give a campaign contribution directly or indirectly to a
candidate, or to the campaign committee of a candidate, for the offices of mayor
or commissioner. Commencing on the effective date of this ordinance, all
proposed city contracts, purchase orders, standing orders, direct payments, as
well as requests for proposals (RFP), requests for qualifications (RFQ), requests
for letters of interest (RFLI), or bids issued by the city, shall incorporate this
section so as to notify potential vendors of the proscription embodied herein.
(b) No candidate or campaign committee of a candidate for the offices of
mayor or commissioner, shall deposit into such candidate's campaign
account any campaign contribution directly or indirectly from a vendor.
Candidates (or those acting on their behalf) shall ensure compliance with
this code section by confirming with the procurement division's city
records (including City of Miami Beach website) to verify the vendor
status of any potential donor.
(2) A fine of up to $500.00 shall be imposed on every person who violates this
section. Each act of giving or depositing a contribution in violation of this section
shall constitute a separate violation. All contributions deposited by a candidate in
violation of this section shall be forfeited to the city's general revenue fund.
(3) (a) Disqualification from serving as vendor.
1. A person or entity other than a vendor who directly or indirectly
makes a contribution to a candidate who is elected to the office of
mayor or commissioner shall be disqualified for a period of 12
months following the swearing in of the subject elected official
from serving as a vendor with the city.
2. i. A vendor who directly or indirectly makes a contribution to
a candidate who is elected to the office of mayor or commissioner
shall be disqualified from serving as a vendor with the city for a
period of 12 months from a final finding of violation, or from action
on a waiver request by the Miami Beach City Commission (per
subsection B herein below) in the event a waiver of said violation
is sought.
ii. In the event such waiver request for a particular
transaction is granted, the affected vendor shall
nonetheless be disqualified from serving as a vendor with
the city as to all other vendor projects for the stated
---
12-month period. In the event such waiver request is
denied for a particular transaction, the 12-month
disqualification period shall apply to both the particular
transaction which was the subject of the waiver request, as
well as all other vendor projects during that 12-month
period.
(b) Definition. For purposes of this section, the term "disqualified" shall be
defined to include:
1. Termination of a donor/vendor's existing contract with the city,
subject to the waiver provisions of subsections B(1)(d) and B(2)
herein; and
2. Disqualification of a donor's response to solicitation requests for
prospective vendor contracts with the city, subject to the waiver
provisions of subsections B(1)(a), (b) and (c) herein.
(4) As used in this section:
(a) 1. A "vendor" is a person and/or entity who has been selected by the
city as the successful contractor on a present or pending solicitation for
goods, equipment or services, or has been approved by the city on a
present or pending award for goods, equipment or services prior to or
upon execution of a contract, purchase order, standing order, direct
payment or purchasing card payment. The term "vendor" shall not include
those persons and/or entities who provide goods, equipment or services
not exceeding $10,000.00 in a City of Miami Beach fiscal year wherein
city commission action is not required.
2. "Vendor" shall include natural persons and/or entities who hold a
controlling financial interest in a vendor entity. The term
"controlling financial interest" shall mean the ownership, directly or
indirectly, of ten percent or more of the outstanding capital stock in
any corporation or a direct or indirect interest of ten percent or
more in a firm. The term "firm" shall mean a corporation,
partnership, business trust or any legal entity other than a natural
person.
3. For purposes of this section, "vendor" status shall terminate upon
completion of the agreement for the provision of goods, equipment
or services.
(b) For purposes of this section, the term "services" shall mean the rendering
by a vendor through competitive bidding or otherwise, of labor,
professional and/or consulting services to the city.
(c) The term contribution shall have the meaning ascribed to such term in
F.S. ch. 106, as amended and supplemented (copies available in city
clerks office).
B. Waiver of prohibition.
(1) Conditions for waiver. The requirements of this section may be waived by a
five-sevenths vote for a particular transaction by city commission vote after public
hearing upon finding that:
(a) The goods, equipment or services to be involved in the proposed
transaction are unique and the city cannot avail itself of such goods,
equipment or services without. entering into a transaction which would
violate this section but for waiver of its requirements; or
(b) The business entity involved in the proposed transaction is the sole
source of supply as determined by the city's procurement director in
accordance with procedures established in subsection 2-367(c) of this
Code; or
(c) An emergency contract (as authorized by the city manager pursuant to
section 2-396 of this Code) must be made in order to protect the health,
safety or welfare of the citizens of the city, as determined by a
five-sevenths vote of the city commission; or
(d) A contract for the provision of goods, equipment or services exists which,
if terminated by the city, would be adverse to the best economic interests
of the city.
(2) Conditions for limited waiver. Notwithstanding the denial by the city commission
of a waiver request regarding an existing contract per subsection B(1)(d) above,
upon afive-sevenths vote of the city commission at a public hearing, a limited
waiver may be granted on an existing contract upon a finding that in order to
protect the .health, safety and welfare of the citizens of the city, continuation of
said contract for a limited period of time (not to exceed six months) is necessary
in order for the city to obtain a replacement vendor.
(3) Full disclosure. Any grant of waiver by the city commission must be supported
with a full disclosure of the subject campaign contribution.
C. Applicability. This section shall be applicable only to prospective transactions, and the
city commission may in no case ratify a transaction entered into in violation of this
section.
(Ord. No. 2000-3244, § 1, 5-10-00; Ord. No. 2003-3389, § 1, 1-8-03; Ord. No. 2004-3446, § 1,
5-26-04; Ord. No. 2005-3486, § 1, 6-8-05; Ord. No. 2006-3544, § 1, 12-6-06)
CODE OF THE City of MIAMI BEACH, FLORIDA Codified through Ord. No.
2007-3581, enacted Oct. 17, 2007. (Supplement No. 33) /Chapter 2
ADMINISTRATION* /ARTICLE VII. STANDARDS OF CONDUCT* /DIVISION 5.
CAMPAIGN FINANCE REFORM /Sec. 2-488. Prohibited campaign contributions
by lobbyists on procurement issues.
Sec. 2-488. Prohibited campaign contributions by lobbyists on procurement
issues.
(1) No lobbyist on a present or pending solicitation for goods, equipment or services or on a
present or pending award for goods, equipment or services prior to or upon execution of
a contract, purchase order, standing order, direct payment, or purchasing card payment
shall solicit for or give a campaign contribution directly or indirectly to a candidate, or to
the campaign committee of a candidate, for the offices of mayor or commissioner. The
term "lobbyist" shall not include those individuals who lobby on behalf of persons and/or
entities in connection with their provision of goods, equipments or services not
exceeding $10,000.00 in a City of Miami Beach fiscal year wherein city commission
action is not required.
(a) Commencing on the effective date of this ordinance, all proposed city contracts,
purchase orders, standing orders, direct payments, as well as requests for
proposals (RFP), requests for qualifications (RFQ), requests for letters of interest
(RFLI), or bids issued by the city, shall incorporate this section so as to notify
lobbyists of the proscription embodied herein.
(b) No candidate, or campaign committee of a candidate for the offices of mayor or
commissioner, shall deposit into such candidate's campaign account any
campaign contribution directly or indirectly from a lobbyist subject to the
provisions of this ordinance. Candidates (or those acting on their behalf) shall
ensure compliance with this code section by confirming with the city clerk's
records to verify the lobbyist status of any potential donor.
(2) (a) A person other than a lobbyist on a procurement issue as set forth in subsection
(1) above, who directly or indirectly solicits for or makes a contribution to a candidate
who is elected to the office of mayor or commissioner shall be disqualified for a period of
12 months following the swearing in of the subject elected official from lobbying the city
commission in connection with a present or pending bid for goods, equipment or
services or on a present or pending award for goods, equipment or services.
(b) A lobbyist on a procurement issue as set forth in subsection (1) above, who
directly or indirectly makes a contribution to a candidate who is elected to the
office of mayor or commissioner shall be disqualified from lobbying the city
commission in connection with a present or pending bid for goods, equipment or
services or on a present or pending award for goods, equipment or services for a
period of 12 months from a final finding of violation.
(3) A fine of up to $500.00 shall be imposed on every person who violates this section. Each
act of soliciting, giving or depositing a contribution in violation of this section shall
constitute a separate violation. All contributions received by a candidate in violation of
this section shall be forfeited to the city's general revenue fund.
(4) The term "contribution" shall have the meaning ascribed to such term in F.S. ch. 106, as
amended and supplemented.
(Ord. No. 2003-3393, § 1, 2-5-03; Ord. No. 2005-3486, § 2, 6-8-05; Ord. No. 2006-3544, § 2,
12-6-06)
CODE OF THE City of MIAMI BEACH, FLORIDA Codified through Ord. No.
2007-3581, enacted Oct. 17, 2007. (Supplement No. 33) /Chapter 2
ADMINISTRATION* /ARTICLE VII. STANDARDS OF CONDUCT* /DIVISION 5.
CAMPAIGN FINANCE REFORM /Sec. 2-489. Prohibited campaign contributions
by real estate developers.
Sec. 2-489. Prohibited campaign contributions by real estate developers.
A. General.
(1) (a) No real estate developer shall give a campaign contribution directly or
indirectly to a candidate, or to the campaign committee of a candidate, for the
offices of mayor or commissioner. Commencing on the February 15, 2003, all
applications for development agreements and for changes in zoning map
designation as well as future land use map changes shall incorporate this section
so as to notify potential real estate developers of the proscription embodied
herein.
(b) No candidate, or campaign committee of a candidate for the offices of
mayor or commissioner, shall deposit into such candidate's campaign
account any campaign contribution directly or indirectly from a real estate
developer. Candidates (or those acting on their behalf) shall ensure
compliance with this code section by confirming with the city planning
department's records (including city of Miami Beach website) to verify the
real estate developer status of any potential donor.
(2) A fine of up to $500.00 shall be imposed on every person who violates this
section. Each act of giving or depositing a contribution in violation of this section
shall constitute a separate violation. All contributions deposited by a candidate in
violation of this section shall be forfeited to the city's general revenue fund.
(3) (a) A person or entity other than a real estate developer who directly or
indirectly makes a contribution to a candidate who is elected to the office of
mayor or commissioner shall be disqualified for a period of 12 months following
the swearing in of the subject elected official from becoming a real estate
developer.
(b) 1. A real estate developer who directly or indirectly makes a
contribution to a candidate who is elected to the office of mayor or
commissioner shall be disqualified from becoming a real estate developer
for a period of 12 months from a final finding of violation, or from action on
a waiver request by the Miami Beach City Commission in the event a
waiver of said violation is sought.
2. In the event such waiver request for a particular real estate project
and/or land use application is granted, the affected real estate
developer shall nonetheless be disqualified from serving as a real
estate developer with the city as to all other relevant real estate
projects and/or applications for land use relief referred to in
subsection A(4)(a)(1) below for the stated 12-month period. In the
event such waiver request is denied for a particular real estate
project and/or land use application, the 12-month disqualification
period for the affected real estate developer shall apply to both the
particular real estate project and/or land use application which
was the subject of the waiver request, as well as all other relevant
real estate projects and/or applications for land use relief referred
to in subsection A(4)(a)(1) below during that 12-month period.
(c) Areal estate developer shall not make a contribution within 12 months
after termination of its status as a real estate developer.
(4) As used in this section:
(a) - 1. A "real estate developer" is a person and/or entity who has a
pending application for a development agreement with the city or who is
currently negotiating with the city for a development agreement, or, who
has a present or pending application with the city for a change of zoning
map designation or a change to the city's future land use map.
2. "Real estate developer" shall include natural persons and/or
entities who hold a controlling financial interest in a real estate
developer entity. The term "controlling financial interest" shall
mean the ownership, directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or
indirect interest of ten percent or more in a firm. The term "firm"
shall mean a corporation, partnership, business trust or any legal
entity other than a natural person.
3. For purposes of this section, "real estate developer" status shall
terminate upon the final approval or disapproval by the city
commission of the requested development agreement, and/or
upon final approval or disapproval of the subject application for the
land use relief, referred to in subsection (4)(a)1. above.
(b) The term "development agreement" shall have the meaning ascribed to
such term in F.S. ch. 163, as amended and supplemented. For purposes
of this section, the term "development agreement" shall include any
amendments, extensions, modifications or clarifications thereto.
(c) The term contribution shall have the meaning ascribed to such term in
F.S. ch. 106, as amended and supplemented.
B. Conditions for waiver of prohibition. The requirements of this section may be waived by a
five-sevenths vote for a particular real estate project and/or land use application by city
commission vote after public hearing upon finding that such waiver would be in the best
interest of the city.
Any grant of waiver by the city commission must be supported with a full disclosure of
the subject campaign contribution.
C. Applicability. This section shall be applicable only to prospective real estate projects
and/or applications for land use relief, and the city commission may in no case ratify a
development agreement and/or application for land use relief entered into in violation of
this section.
(Ord. No. 2003-3394, § 1, 2-5-03; Ord. No. 2005-3486, § 3, 6-8-05)
CODE OF THE City of MIAMI BEACH, FLORIDA Codified through Ord. No.
2007-3581, enacted Oct. 17, 2007. (Supplement No. 33) /Chapter 2
ADMINISTRATION* /ARTICLE VII. STANDARDS OF CONDUCT* /DIVISION 5.
CAMPAIGN FINANCE REFORM /Sec. 2-490. Prohibited campaign contributions
by lobbyists on real estate development issues.
Sec. 2-490. Prohibited campaign contributions by .lobbyists on real estate
development issues.
(1) No lobbyist on a pending application for a development agreement with the city, or
application for change of zoning map designation or change to the city's future land use
map shall solicit for or give a campaign contribution directly or indirectly to a candidate,
or to the campaign committee of a candidate, for the offices of mayor or commissioner.
(a) Commencing on the effective date of this ordinance, all applications for
development agreements and for changes in zoning map designation or future
land use map changes, shall incorporate this section so as to notify affected
lobbyists of the proscription embodied herein.
(b) No candidate, or campaign committee of a candidate for the offices of mayor or
commissioner, shall deposit into such candidate's campaign account any
campaign contribution directly or indirectly from a lobbyist subject to the
provisions of this section. Candidates (or those acting on their behalf) shall
ensure compliance with this code section by confirming with the city clerk's and
planning department's records to verify the lobbyist status of any potential donor.
(2) (a) A person other than a lobbyist on a real estate development issue as set forth in
subsection (1) above, who directly or indirectly solicits for or makes a contribution to a
candidate who is elected to the office of mayor or commissioner shall be disqualified for
a period of 12 months following the swearing in of the subject elected official from
lobbying the city commission in connection with a present development agreement, in
connection with a development agreement that is currently being negotiated, or in
connection with a present or pending application with the city for a change of zoning
map designation or a change to the city's future land use map.
(b) A lobbyist on a real estate development issue as set forth in subsection (1)
above, who directly or indirectly makes a contribution to a candidate who is
elected to the office of mayor or commissioner shall be disqualified from lobbying
the city commission in connection with a present development agreement, in
connection with a development agreement that is currently being negotiated, or
in connection with a present or pending application with the city for a change of
zoning map designation or a change. to the city's future land use map for a period
of 12 months from a final finding of violation.
(3) A fine of up to $500.00 shall be imposed on every person who violates this section. Each
act of soliciting, giving or depositing a contribution in violation of this section shall
constitute a separate violation. All contributions received by a candidate in violation of
this section shall lie forfeited to the city's general revenue fund.
(4) The term "contribution" shall have the meaning ascribed to such term in F.S. ch. 106, as
amended and supplemented.
(5) The term "development agreement" shall have the meaning ascribed to such term in
F.S. ch 163, as amended and supplemented.
(6) The term "lobbyist" as used herein shall exclude any person who only appears as a
representative of a nonprofit corporation or entity, without special compensation or
reimbursement for the appearance, whether direct or indirect, to express his/her support
of or opposition to the subject item.
(Ord. No. 2003-3395, § 1, 3-5-03; Ord. No. 2005-3486, § 4, 6-8-05)
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:
Q Original Appointment ? Deputy Treasurer ~ Reappointment of Treasurer
Name of Candidate 1. Address (include post office box or street, city, state, zip code)
Telephone (optional) 2. Party (Partisan candidates only) 3. Office (add district, circuit, group number)
( )
I have appointed the following person to act as my ~ Campaign Treasurer ~ 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 ~ Primary Depository ~ Secondary Depository
11. Name of Bank 12. Street Address
13. City 14. County 15. State 16. Zip Code
17. Signature of Candidate Date
Campaign Treasurer's Acceptance of Appointment
I, , do hereby accept the appointment as
(Please Print or Type)
Campaign Treasurer ®Deputy Treasurer for the campaign of ,
who is seeking nomination or election as a candidate to the office of
(Party)
UNDER PENALTIES OF PERJURY, I DECLARE THAT 1 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
DS-DE 9 (Rev. 01/08)
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
Signature of Candidate Date
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).
DS-DE 84 (Rev. 03/08)
Sec. 2-11.1.1. Ethical campaign practices ordinance.
(A) Applicability of Ethical Campaign Practices Ordinance. The Ethical Campaign Practices
Ordinance shall extend to: (i) Candidates, and their respective campaign staffs, for the Miami-
Dade County Commission or Mayor; (ii) Candidates, and their respective campaign staffs, for the
Miami-Dade Fire and Rescue Service District Board; (iii) Candidates, and their respective
campaign staffs, for Miami-Dade County Community Councils; (iv) Candidates, and their
respective campaign staffs, for any municipal elective office within Miami-Dade County; (v)
Candidates, and their respective campaign staffs, for the Property Appraiser of Miami-Dade
County; and (vi) Any candidate, and his or her campaign staff, for elective office with a
constituency in whole or in part in Miami-Dade County who agrees to abide by the mandatory
and/or voluntary fair campaign practices provided in subsections (C) and (D). As used herein,
"candidate" means any person to whom any one (1) or more of the following applies:
(1) 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 election to, or retention in, public office.
(2) Any person who appoints a treasurer and designates a primary depository.
(3) Any person who files qualification papers and subscribes to a candidate's oath as
required by law.
(B) Miami-Dade County Commission on Ethics and Public Trust. The Miami-Dade County
Commission on Ethics and Public Trust ("Ethics Commission") shall have jurisdiction over the
Ethical Campaign Practices Ordinance. The Ethics Commission shall be empowered to review,
interpret, render advisory opinions and letters of instruction and enforce the mandatory and
voluntary fair campaign practices provided in subsections (C) and (D).
(C) Mandatory Fair Campaign Practices.
(1) Prohibitions. A candidate, and his or her campaign staff, for the Miami-Dade County
Commission, Mayor of Miami-Dade County, Property Appraiser of Miami-Dade County,
Miami-Dade Fire and Rescue Service District Board, Miami-Dade County Community
Councils or for any municipal elective office within Miami-Dade County shall not:
(a) With actual malice make or cause to be made any untrue oral statement
about another candidate or a member of his or her family or staff which
exposes said person to hatred, contempt, or ridicule or causes said person
to be shunned or avoided, or injured in his or her business or occupation;
(b) With actual malice publish or cause to be published by writing, printing,
picture, effigy, sign or otherwise than by mere speech any untrue
statement about another candidate or a member of his or her family or staff
which exposes said person to hatred, contempt, or ridicule or causes said
person to be shunned or avoided, or injured in his or her business or
occupation;
(c) Willfully injure, deface or damage or cause to be injured, defaced or
damaged by any means any campaign poster, sign, leaflet, handbill,
literature or other campaign material of another candidate;
(d) Knowingly obtain, or cause to be obtained the campaign property of another
candidate with the intent to, temporarily or permanently, deprive the
candidate of a right to the property or a benefit therefrom; or
(e) Knowingly file with the Ethics Commission a groundless or frivolous
complaint against another candidate.
(2) Agreement to abide by Mandatory Fair Campaign Practices. A candidate for any
elective office with a constituency in whole or in part in Miami-Dade County who is not
required to comply with the mandatory fair campaign practices as provided in
subsection (C)(1) may at any time declare that he or she agrees to abide by the
mandatory fair campaign practices, and that he or she recognizes as compulsory the
jurisdiction of the Ethics Commission (a) to decide whether said candidate has violated
the mandatory fair campaign practices and, if so, (b) to impose the appropriate penalty,
if any. The declaration shall be on a form approved by the Ethics Commission and shall
be irrevocable. Copies of the declaration form shall be on file with the Ethics
Commission, the Miami-Dade County Supervisor of Elections and the Clerk of the
Board of each municipality within Miami-Dade County.
(3) Penalties. In addition to any other penalty provided by law, a finding by the Ethics
Commission that a candidate or a member of his or her staff has violated one (1) or
more of the mandatory fair campaign practices shall subject said candidate, a member
of his or her staff, or both, to an admonition or public reprimand and/or a fine of five
hundred dollars ($500.00) for the first such violation and one thousand dollars
($1,000.00) for each subsequent violation. The Ethics Commission may also order a
person who violates a mandatory fair campaign practice to pay restitution when the
person or a third party receives a pecuniary benefit as a result of the person's violation.
The procedure for determining restitution shall be governed by an administrative order
adopted by the County Commission and rules of procedure promulgated by the Ethics
Commission.
(D) Voluntary Fair Campaign Practices.
(1) Statement of Fair Campaign Practices. The following voluntary Statement of Fair
Campaign Practices shall guide candidates for public office in Miami-Dade County:
STATEMENT OF FAIR CAMPAIGN PRACTICES
As a candidate for public office in Miami-Dade County, I believe that political issues can
be freely debated without appealing to racial, ethnic, religious, sexual or other prejudices. I
recognize that such negative appeals serve only to divide this community and create long-term
moral, social and economic problems.
Therefore:
1. I shall not make my race, religion, national origin, gender, physical disability or sexual
orientation an issue in my campaign.
2. I shall not make my opponents' race, religion, national origin, gender, physical
disability or sexual orientation an issue in my campaign.
3. I will condemn any appeal to prejudice based on race, creed, national origin, religion,
gender, physical disability or sexual orientation.
4. I shall not without just cause attack or question my opponent's patriotism.
5. I shall not publish, display or circulate any anonymous campaign literature or political
advertisement.
6. I shall not tolerate my supporters engaging in these activities which I condemn nor
shall I accept their continued support if they engage in such activities. I will not permit any
member of my campaign organization to engage in these activities and will immediately
and publicly repudiate the support of any other individual or group which resorts to the
methods and tactics I condemn.
7. I shall run a positive campaign emphasizing my qualifications for office and positions
on issues of public concern.
8. I will limit my attacks on an opponent to legitimate challenges to that person's record,
qualifications, and positions.
9. I will neither use nor permit the use of malicious untruths or innuendoes about an
opponent's personal life, nor will I make or condone unfounded accusations discrediting
that person's credibility.
10. I will take personal responsibility for approving or disavowing the substance of
attacks on my opponent that may come from third parties supporting my candidacy.
11. I will not use or permit the use of campaign material that falsifies, distorts, or
misrepresents facts.
(2) Agreement to abide by Statement of Fair Campaign Practices. A candidate for public
office in Miami-Dade County as described in subsection (A) may at any time declare
that he or she agrees to abide by the Statement of Fair Campaign Practices, and that
he or she recognizes as compulsory the jurisdiction of the Ethics Commission (a) to
decide whether said candidate has violated the Statement of Fair Campaign Practices
and, if so, (b) to impose the appropriate penalty. The declaration shall be on a form
approved by the Ethics Commission and shall be irrevocable. Copies of the declaration
form shall be on file with the Ethics Commission, the Miami-Dade County Supervisor of
Elections and the Clerk of the Board of each municipality within Miami-Dade County.
Declarations shall be filed with the Ethics Commission.
(3) Penalty. In addition to any other penalty provided by law, a finding by the Ethics
Commission that a candidate has violated one (1) or more of the voluntary fair
campaign practices shall subject said candidate to an admonition or public reprimand.
(E) Procedure. The procedures provided in Chapter 2, Article LXXVIII of the Code of Miami-
Dade County shall govern all complaints or requests for advisory opinions brought pursuant to the
Ethical Campaign Practices Ordinance. Notwithstanding the foregoing, the Ethics Commission
may conduct an expedited proceeding, with the assistance of hearing examiners, when a
complaint is filed pursuant to the Ethical Campaign Practices Ordinance within fifty (50) days of a
primary, general or special administrative order adopted by the County Commission and rules of
procedure promulgated by the Ethics Commission. No action may be taken on a complaint filed
more than one (1) year after the violation is alleged to have occurred unless a person, by fraud or
other device, prevents discovery of the violation.
(Ord. No. 98-94, § 1, 7-7-98; Ord. No. 04-204, § 1, 12-2-04; Ord. No. 06-157, § 1, 10-24-06; Ord.
No. 08-62, § 1, 5-20-08)
F:\CLER\CLER\ELECTION\2009 General Election\Publications and FormsWlDC Ethical Campaign Practices
Ordinance.doc
DECLARATION
FOR CANDIDATES COVERED BY THE MANDATORY PROVISION OF THE
ETHICAL CAMPAIGN PRACTICES ORDINANCE
The mandatory practices of Ethical Campaign Practices Ordinance automatically extend to
candidates and their respective campaign staffs for the Miami-Dade County Commission or
Mayor; candidates and their respective campaign staffs for the Miami-Dade County and Rescue
Service District Board; candidates and their respective campaign staffs for Miami-Dade
Community Councils and candidates and their respective campaign staffs for any elective
municipal elective office in Miami-Dade County. Furthermore, any candidate for public office in
Miami-Dade County as described in the preceding sentence may at any time declare that he or she
agrees to abide by the Statement of Fair Campaign Practices.
I, , a candidate for the office of
,agree to abide by the voluntary fair campaign practices as
provided in Section 2-11.1.1(D)(1), of the Code of Miami-Dade County and recognize as
compulsory the jurisdiction of the Ethics Commission. I further agree that the Ethics
Commission will have the authority to decide whether I have violated the statement of fair
campaign practices and, if a violation is found, the Ethics Commission has the authority to
impose the appropriate penalty, if any.
The Statement of Fair Campaign Practices is enumerated below:
1. I shall not make my race, religion, national origin, gender, physical disability
or sexual orientation an issue in my campaign.
2. I shall not make my opponents' race, religion, national origin, gender, physical
disability or sexual orientation an issue in my campaign.
3. I will condemn any appeal to prejudice based on race, creed, national origin,
religion, gender, physical disability or sexual orientation.
4. I shall not without just cause attack or question my opponent's patriotism.
5. I shall not publish, display or circulate any anonymous campaign literature
or political advertisement.
6. I shall not tolerate my supporters engaging in these activities which I condemn
nor shall I accept their continued support if they engage in such activities. I will
not permit any member of my campaign organization to engage in these activities
and will immediately and publicly repudiate the support of any other individual
or group, which resorts to the methods and tactics I condemn.
7. I shall run a positive campaign emphasizing my qualifications for office and
position on issues of public concern.
8. I will limit my attacks on an opponent to legitimate challenges to that person's
record, qualifications, and positions.
9. I will neither use nor permit the use of malicious untruths or innuendoes about an
opponent's personal life, nor will I make or condone unfounded accusations
discrediting that person's credibility.
10. I will take personal responsibility for approving or disavowing the substance of
attacks on my opponent that may come from third parties supporting my
candidacy.
11. I will not use or permit the use of campaign material that falsifies, distorts, or
misrepresents facts.
Once the declaration is signed it is deemed irrevocable for the duration of the campaign.
--------------------------------------------------- -----------------------------
Signature Date
PLEASE FILE A COPY OF THIS FORM WITH THE MIAMI-DADE COMMISSION ON
ETHICS AND PUBLIC TRUST AND THE MIAMI-DADE SUPERVISOR OF ELECTIONS.
Miami-Dade Commission on Ethics Miami-Dade Supervisor of Elections
19 West Flagler Street 2700 N.W. 87th Avenue
Suite 220 Doral, Florida 33172
Miami, FL 33130
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OFFiciol Website of the +::ity nt Mlami Bcoch
, ~ QUICKLINKS
Q City Clerk Home
i~ Q City Archives - WebLink
iDS-DE 9 Appointment of Campaign Treasurer, Q Letters to Commission
lane Gross DS-DE 84 Statement of Candidate,
Materials Enclosed, Q Research Request Form
DS-DE 9 Appointment of Campaign Treasurer, Q Meeting Webcasts
Sherry Roberts ~-DE ~ Statement of Candidate, a",
Dedaratdon. Q Historic Photo Gallery
Q
Declaration Sherry Roberts Notice of Public Hearings
Q City Code
DS-DE 9 Appointment of Campaign Treasurer,
Barbara DS-DE 84 Statement of Candidate, Q Domestic Partnerships
Dedaration,
Bibas-Montero DS-DE 87 Q3-08 Waiver of Report, Q Useful Links
Materials Endorsed, s i I , - •
DS-DE 9-1 Appointment of Campaign Treasurer,
DS-DE 9-2 Appointment of Campaign Treasurer, i ~ a ~
DS-DE 84 Statement of Candidate,
DS-DE 12 Oi-D7 Camoa{on Treasurer's Reoort . ~-~-
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MIAMIBEACH
City of Miami Beach, 505 17T" Street, Miami Beach, Florida 33139, www.miamibeachfl.gov
CODE COMPLIANCE DIVISION
Tel: 305-673-7555 ,Fax: 305-673-7012
Dear Candidate:
Thank you for taking the time out of your busy campaign schedule to learn about the rules and
regulations regarding the placement of election signs within the City of Miami Beach. There are
different regulations for public property, private property, and for your Miami Beach campaign
headquarters. We urge you to review these rules with your campaign volunteers.
Public Property -The Miami Beach City Code (MBCC) strictly prohibits the placing of signs on
public property. Section 82-412(a) states: "It shall be unlawful for any person to place, post or
affix ...any sign upon a public sidewalk, building, fence, wall, boardwalk, pole, apparatus or
equipment belonging to an electric utility company or other object or structure located upon a
public sidewalk, swale, area or median within the city." Code Compliance Officers will remove the
sign from the illegal location (whenever possible, they will attempt to contact the adjacent property
owner and request that the illegally placed sign be moved to a permitted location). Violations of
Section 82-412 may result in the issuance of citations and fines. Each sign is treated as a
separate violation, and the fine for the first offense is $50.00 per sign, the second offense is
$250.00 per sign and a third or subsequent offense is $500.00 per sign. All costs incurred by the
city for the removal of these signs may also be the responsibility of the violator. Illegally placed
signs collected by Code Compliance will be available for retrieval from the Code Compliance
Division office. Please call (305) 673-7555 for the office address and office hours.
Private Property -Signs on private property must meet the sign area limitations pursuant to
Section 138-134 of the MBCC- The maximum sign area for election signs in the single family
zoning districts is four (4) square feet (e.g., 2 feet by 2 feet; 1 foot by 4 feet, etc.). The sign area
for all other zoning districts shall not exceed one square foot per three linear feet of street
frontage, with a maximum sign area of not more than 75 square feet. Owners of properties that
have election signs that exceed the maximum allowed area will first_be issued warning notices.
Failure to reduce the sign area to the allowable amount will result in a citation and the case being
forwarded to the Special Master for a hearing. The Special Master may impose fines of up to
$1,000.00 per day per violation or in the case of a repeat violation, up to $5,000.00 per day per
violation.
Campaign Headquarters -Section 138-134(c) of the MBCC provides that campaign
headquarters in commercial or industrial districts shall not have a sign area limitation. Each
candidate may have four campaign headquarters1 which shall be registered with the City Clerk.
Signs for campaign headquarters in residential districts shall not exceed four square feet;.
Thank you for your attention in this matter. If you have any questions, please do not hesitate to
contact the Code Compliance Division at (305) 673-7555.
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CITY OF MIAMI BEACH
PETITION IN LIEU OF QUALIFYING FEE
1, candidate for Group of the City of Miami Beach, ask you to help me
qualify for the November 3, 2009 election by signing and providing the information below.
Yo, candidato pars Grupo de la Ciudad de Miami Beach, exhorto su
avuda Data calificar en las elecciones del 3 de noviembre del 2009 firmando v ~rovevendo la siauiente information:
Print name Residence address Date of birth or Registration # Signature
Escriba su Hombre en tetra de molde Domicilioo Fecha de nacimiento o numero de inscription Firma
Ekri non an gwo het Adres ka Dat nesans oswa nimewo enskripsyon Si ati
Date/ Fecha/ Dat Check if change of address / Marque aqui sl cambib de domicilio /Make si se chanjman adres
j
Date/ Fecha/ Dat: Check if change of address / Marque aqui si cambio de domicilio /Make si se chanjman adres
Date/ Fecha/ Dat: Check if change of address / Marque aqui si cambib de domicilio /Make si se chanjman adres
Date/ Fecha/ Dat: Check if change of address / Marque aqui si cambio de domicilio /Make si se chanjman adres
i
Date/ Fecha/ Dat: Check if change of address / Marque aqui si cambio de domicilio /Make si se chanjman adres
Date/ Fecha/ Dat: Check if change of address / Marque aqui si cambio de domicilio /Make si se chanjman adres
Date/ Fecha/ Dat: Check if change of address / Marque aqui si cambio de domicilio /Make si se chanjman adres
Date/ Fecha/ Dat: Check if change of address / Marque aqui si cambib de domicilio /Make si se chanjman adres
F:\CLER\CLER\ELECTION\2009 General Election\Publications and Forms\Petition in Lieu of Qualifying fee form.doc