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florida > The Florida Election Code > Campaign Financing

§ 106.09 Cash contributions and contribution by cashier’s checks.

Overview of Statute

This statute governs the aggregate cash and cashier’s check contribution limits, which are capped at $50 per election.

Statute

(1)

(a) A person may not make an aggregate cash contribution or contribution by means of a cashier’s check to the same candidate or committee in excess of $50 per election.

(b) A person may not accept an aggregate cash contribution or contribution by means of a cashier’s check from the same contributor in excess of $50 per election.
(2)
(a) Any person who makes or accepts a contribution in violation of subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) Any person who knowingly and willfully makes or accepts a contribution in excess of $5,000 in violation of subsection (1) commits a felony of the third degree, punishable as provided in s.775.082, s. 775.083, or s. 775.084.

History:

s. 9, ch. 73-128; s. 48, ch. 77-175; s. 2, ch. 2002-281; s. 45, ch. 2007-30; s. 63, ch. 2011-40.

Definition [Contribution]

(a) A gift, subscription, conveyance, deposit, loan, payment, or distribution of money or anything of value, including contributions in kind having an attributable monetary value in any form, made for the purpose of influencing the results of an election or making an electioneering communication.

(b) A transfer of funds between political committees, between electioneering communications organizations, or between any combination of these groups.

(c) The payment, by a person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to a candidate or political committee without charge to the candidate or committee for such services.

(d) The transfer of funds by a campaign treasurer or deputy campaign treasurer between a primary depository and a separate interest-bearing account or certificate of deposit, and the term includes interest earned on such account or certificate.

Notwithstanding the foregoing meanings of “contribution,” the term may not be construed to include services, including, but not limited to, legal and accounting services, provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate or political committee or editorial endorsements. Fla. Stat. § 106.011(5).

Definition [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, affiliated party committee, or political committee. Fla. Stat. § 106.011(14).

Definition [Election]

Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).

Definition [Candidate]

Any person to whom any one or more of the following applies:

(a) Any person who seeks to qualify for nomination or election by means of the petitioning process.
(b) Any person who seeks to qualify for election as a write-in candidate.
(c) 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.
(d) Any person who appoints a treasurer and designates a primary depository.
(e) 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. Fla. Stat. § 97.021(6).

Cases

florida Cases

Out-of-State Cases

Federal Cases

Case Name: Worley v. Roberts

Citation: 749 F.Supp.2d 1321

Federal District Court: Northern District of Florida

Year: 2010

Case URL: https://www.ravellaw.com/opinions/8a6c3e3118b40e53063632ad85d1409d

Case Summary: Worley v. Roberts held that a preliminary injunction was not warranted as to disclosure of contributors, but that a preliminary injunction was warranted as to barring enforcement of limitations on spending contributions received in the final 5 days before an election.

Regulations & Guidance

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 104, Contributions

  • Fla. Jur. 2d Elections s 219, Offenses relating to campaign financing

  • Lobbying, PACs, and Campaign Finance s 11:89, Prohibited practices-Individuals

  • Top 10 Things You Should Know Before You Run for Public Office, 85-OCT Fla. B.J. 45

  • 0050 Surveys 3; Limits on Individual Contributions to Candidates