Fla Stat 106.141 Disposition of Surplus Funds(1) Credit cards may be obtained only from th e same bank which has been designated as
the candidate’s or political committee’s primary campaign depository.
(2) Credit cards shall be in the name of th e candidate or political committee and shall
reflect that the account is a campaign account.
(3) Before a credit card may be used, a copy of the agreement or contract between the
candidate and the bank, or the political committ ee and the bank, and a list of all persons who
have been authorized to use the card sha ll be filed with the Secretary of State.
(4) All credit cards issued to candidates or poli tical committees shall expire no later than
midnight of the last day of the month of the general election.
(5) Each statement rendered by the issuer of a credit card shall be paid upon receipt.
(6) Campaign travel-related expend itures shall include transportation, lodging, meals, and
other expenses incurred in connectio n with traveling for campaign purposes.
This section shall not be deem ed to preclude the use of adva nce payments by a check drawn on
the primary depository account fo r travel-related expenses. Th e treasurer shall require an
accounting of actual expenses and reconcile any overpayment or underpayment to the original
payee.
History.
—s. 11, ch. 79-365; s. 2, ch. 86-134.
106.14 Utilities; deposits; prior authorization.
—
(1) Utility companies providing util ities services to a candidate or political committee shall
charge a deposit sufficient to meet all anticipated charges du ring a billing period.
(2) Authorization and payment for utilities used during the bill ing period must be made by
the candidate or political committee when the bi ll is received from a utility company.
History.
—s. 14, ch. 73-128; s. 48, ch. 77-175; s. 5, ch. 78-403 ; s. 59, ch. 79-400; s. 2, ch. 85-63; s. 14, ch. 89 -
256.
106.1405 Use of campaign funds.
—A candidate or the spouse of a candidate may not use
funds on deposit in a campaign account of such ca ndidate to defray normal living expenses for
the candidate or the candidate’s family, other than expenses actu ally incurred for transportation,
meals, and lodging by the candidate or a family member during travel in the course of the
campaign.
History.
—s. 49, ch. 77-175; s. 53, ch. 81-259; s. 644, ch. 95-147; s. 10, ch. 97-13.
106.141 Disposition of surplus funds by candidates.
—
(1) Each candidate who withdraws his or her candidacy, becomes an unopposed candidate,
or is eliminated as a candidate or elected to o ffice shall, within 90 days, dispose of the funds on
deposit in his or her campaign account and file a report reflecting the disposition of all remaining
funds. Such candidate shall not accept any contributions, nor shall any person accept
contributions on behalf of such candidate, afte r the candidate withdraw s his or her candidacy,
becomes unopposed, or is eliminated or elected. However, if a candidate receives a refund check
after all surplus funds have been disposed of, the check may be endorsed by the candidate and
the refund disposed of under this section. An am ended report must be filed showing the refund
and subsequent disposition.
202
(2) Any candidate required to disp ose of funds pursuant to this section may, prior to such
disposition, be reimbursed by the campaign, in full or in part, for any reported contributions by
the candidate to the campaign.
(3) The campaign treasurer of a candidate who withdraws his or her candidacy, becomes
unopposed, or is eliminated as a candidate or elec ted to office and who has funds on deposit in a
separate interest-bea ring account or certificate of deposit shall, within 7 days after the date of
becoming unopposed or the date of such withdrawal , elimination, or electi on, transfer such funds
and the accumulated interest earned thereon to the campai gn account of the candidate for
disposal under this section. However, if the funds are in an account in wh ich penalties will apply
for withdrawal within the 7-day period, the campai gn treasurer shall transf er such funds and the
accumulated interest earned there on as soon as the funds can be withdrawn without penalty, or
within 90 days after th e candidate becomes unopposed, withdr aws his or her candidacy, or is
eliminated or elected, whichever comes first.
(4)(a) Except as provided in paragraph (b), an y candidate required to dispose of funds
pursuant to this section shall, at the option of the candidate, dispose of such funds by any of the
following means, or any combination thereof:
1. Return pro rata to each cont ributor the funds that have not been spent or obligated.
2. Donate the funds that have no t been spent or obligated to a charitable organization or
organizations that meet the qualifications of s. 501(c)(3) of the Internal Revenue Code.
3. Give not more than $10,000 of the funds that have not been spent or obligated to the
political party of which such candidate is a member, except that a candidate for the Florida
Senate may give not more than $30,000 of such funds to the political party of which the
candidate is a member.
4. Give the funds that have not been spent or obligated:
a. In the case of a candidate for state office, to the state, to be deposited in either the
1
Election Campaign Financing Tr ust Fund or the General Reve nue Fund, as designated by the
candidate; or
b. In the case of a candidate for an office of a political subdivisi on, to such political
subdivision, to be deposited in the general fund thereof.
(b) Any candidate required to di spose of funds pursuant to th is section who has received
1
contributions from the Election Campaign Financing Trust Fund shall return all surplus
1
campaign funds to the Election Campaign Financing Trust Fund.
(5) 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 th e disposition methods provided in subsection
(4), transfer from the campaign account to an office account any amount of the funds on deposit
in such campaign account up to:
(a) Twenty thousand dollars, for a candidate for statewide office. The Governor and
Lieutenant Governor shall be c onsidered separate candidates for the purpose of this section.
(b) Five thousand dollars, for a can didate for multicounty office.
(c) Five thousand dollars multiplied by the number of years in the term of office for which
elected, for a candidate for legislative office.
(d) Two thousand five hundred dollars multiplied by the number of years in the term of
office for which elected, for a candidate for c ounty office or for a candidate in any election
conducted on less than a countywide basis.
(e) Six thousand dollars, for a candidate for rete ntion as a justice of the Supreme Court.
203
(f) Three thousand dollars, for a candidate for rete ntion as a judge of a district court of
appeal.
(g) One thousand five hundred dollars, for a candi date for county court judge or circuit
judge.
The office account established pursuant to this su bsection shall be separate from any personal or
other account. Any funds so tran sferred by a candidate sh all be used only for legitimate expenses
in connection with the candidate’s public office. Such expenses may include travel expenses
incurred by the officer or a staff member, pers onal taxes payable on office account funds by the
candidate or elected public official, or expenses incurred in the operation of his or her office,
including the employment of additional staff. The funds may be deposited in a savings account;
however, all deposits, withdrawals, and interest earned thereon shall be reported at the
appropriate reporting period. If a can didate is reelected to office or elected to another office and
has funds remaining in his or her office account, he or she may transfer surplus campaign funds
to the office account. At no time may the funds in the office account exceed the limitation
imposed by this subsection. Upon l eaving public office, any person who has funds in an office
account pursuant to this subsect ion remaining on deposit shall give such funds to a charitable
organization or organizations which meet the re quirements of s. 501(c)(3) of the Internal
Revenue Code or, in the case of a state officer, to the state to be deposited in the General
Revenue Fund or, in the case of an officer of a political subdivision, to the political subdivision
to be deposited in the general fund thereof.
(6) Prior to disposing of funds pursuant to subsecti on (4) or transferring funds into an office
account pursuant to subsection (5), any 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 re sources or on resources otherwise available to
him or her, or who filed both such oaths, or who qualified by the peti tion process and was not
required to pay an election assessment, shall reim burse the state or local governmental entity,
whichever is applicable, for such waived assessm ent or fee or both. Such reimbursement shall be
made first for the cost of peti tion verification and then, if funds are remaining, for the amount of
the election assessment. If there are insufficient funds in the account to pay the full amount of
either the assessment or the fee or both, the remaining funds sh all be disbursed in the above
manner until no funds remain. All funds disbursed pur suant to this subsecti on shall be remitted to
the qualifying officer. Any reimbursement for pe tition verification costs which are reimbursable
by the state shall be forwarded by the qualifying officer to the state for deposit in the General
Revenue Fund. All reimbursements for the amount of the election assessment shall be forwarded
by the qualifying officer to the Department of State for deposit in the General Revenue Fund.
(7)(a) Any candidate required to di spose of campaign funds pursu ant to this section shall
do so within the time required by this section and shall, on or before the date by which such
disposition is to have been made, file with the officer with whom reports are required to be filed
pursuant to s. 106.07 a form prescribed by the Division of Elections listing:
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 thereof and purpose therefor; and
3. The amount of such funds transferred to an office account by the candidate, together
with the name and address of the bank in which the office ac count is located.
204
Such report shall be signed by the candidate and the campaign treasurer and certified as true and
correct pursuant to s. 106.07.
(b) The filing officer shall notify each candidate at least 14 days before the date the report
is due.
(c) Any candidate failing to file a report on the designated due date shall be subject to a
fine as provided in s. 106.07 for su bmitting late termination reports.
(8) Any candidate elected to office who transfer s surplus campaign funds into an office
account pursuant to subsection (5 ) shall file a report on the 10 th day following the end of each
calendar quarter until the account is closed. Such reports sha ll contain the name and address of
each person to whom any disbursement of funds was made, together with the amount thereof and
the purpose therefor, and the name and address of any person from whom the elected candidate
received any refund or reimbursement and the am ount thereof. Such reports shall be on forms
prescribed by the Division of Elections, signed by the elected candidate, certified as true and
correct, and filed with the offi cer with whom campaign reports were filed pursuant to s.
106.07(2).
(9) Any candidate, or any person on behalf of a candidate, who accepts contributions after
such candidate has withdrawn his or her candida cy, after the candidate has become an unopposed
candidate, or after the candidate ha s been eliminated as a candidate or elected to office commits
a misdemeanor of the first degree, punish able as provided in s. 775.082 or s. 775.083.
(10) Any candidate who is required by the provisions of this section to dispose of funds in
his or her campaign account and who fails to dispos e of the funds in the manner provided in this
section commits a misdemeanor of the first degr ee, punishable as provided in s. 775.082 or s.
775.083.
History.
—s. 50, ch. 77-175; s. 6, ch. 79-378; s. 60, ch. 79-400; s. 2, ch. 80-292; s. 54, ch. 81-259; s. 28, ch. 81 -
304; s. 1, ch. 82-404; s. 38, ch. 84-302; s. 10, ch. 85-226; s. 2, ch. 86-7; s. 2, ch. 86-276; s. 11, ch. 87-363; s. 15, ch.
89-256; s. 34, ch. 90-315; s. 15, ch. 91-107; s. 645, ch. 95-147; ss. 15, 16, 53, ch. 97-13; s. 6, ch. 2002-197; s. 20,
ch. 2004-252; s. 70, ch. 2005-277.
1
Note.
—The trust fund expired, effective November 4, 1996, by operation of s. 19(f), Art. III of the State
Constitution.
106.143 Political advertisements circulated prior to election; requirements.
—
(1)(a) Any political advertisement that is paid for by a candidate and that is published,
before prior to
displayed, or circulated , or on the day of, any electi on must prominently state:
1.
“Political advertisement paid for an d approved by (name of candidate) , (party
; or
affiliation) , for (office sought) ”
2. “Paid by (name of candidate), (par ty affiliation), for (office sought).
before prior to
(b) Any other political advertisement pub lished, displayed, or circulated , or
on the day of, any election must prominently:
1. Be marked “paid political advertisement” or with th e abbreviation “pd. pol. adv.”
2. State the name and address of the pe rsons sponsoring the advertisement.
3. a. (I) State whether the advertisement and the cost of production is paid for or provided
in kind by or at the expense of the entity publis hing, displaying, broadcasting, or circulating the
political advertisement; or
(II) State who provided or paid for the advertis ement and cost of production, if different
from the source of sponsorship.
b. This subparagraph does not apply if the source of the sponsorship is patently clear from
the content or format of the political advertisement.
205