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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