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Florida > The Florida Election Code > Campaign Financing

§ 106.22 Duties of the Division of Elections.

Overview of Statute

This statute outlines the various duties of the Division of Elections with regard to campaign finance regulation.

Statute

It is the duty of the Division of Elections to:

(1) Prescribe forms for statements and other information required to be filed by this chapter. Such forms shall be furnished by the Department of State or office of the supervisor of elections to persons required to file such statements and information with such agency.
(2) Prepare and publish manuals or brochures setting forth recommended uniform methods of bookkeeping and reporting, and including appropriate portions of the election code, for use by persons required by this chapter to file statements.
(3) Develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter.
(4) Preserve statements and other information required to be filed with the division pursuant to this chapter for a period of 10 years from date of receipt.
(5) Prepare and publish such reports as it may deem appropriate.
(6) Make, from time to time, audits and field investigations with respect to reports and statements filed under the provisions of this chapter and with respect to alleged failures to file any report or statement required under the provisions of this chapter. The division shall conduct a postelection audit of the campaign accounts of all candidates receiving contributions from the1 Election Campaign Financing Trust Fund.
(7) Report to the Florida Elections Commission any failure to file a report or information required by this chapter or any apparent violation of this chapter.
(8) Employ such personnel or contract for such services as are necessary to adequately carry out the intent of this chapter.
(9) Prescribe rules and regulations to carry out the provisions of this chapter. Such rules shall be prescribed pursuant to chapter 120.
(10) Conduct random audits with respect to reports and statements filed under this chapter and with respect to alleged failure to file any reports and statements required under this chapter.

History:

s. 22, ch. 73-128; s. 57, ch. 77-175; s. 13, ch. 79-365; s. 4, ch. 84-254; s. 3, ch. 86-276; s. 9, ch. 90-338; s. 46, ch. 97-13; s. 7, ch. 2001-75; s. 72, ch. 2005-277.

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

Case State: florida

Case Name: Diaz de la Portilla v. Florida Elections Commission

Citation: 857 So.2d 913

Year: 2003

Case URL: https://www.ravellaw.com/opinions/3b277af35230dd0ab70ba5e41d70ec7a

Case Summary: Diaz de la Portilla v. Florida Elections Commission held that the standard for chapter 106 cases is clear and convincing evidence, not a preponderance of the evidence. Also, candidates are allowed to rely on their campaign treasurers to maintain campaign records and prepare treasurer's reports, as long as all contributions and expenditures are routed through the campaign depository and the treasurer is actually qualified.

Case State: florida

Case Name: Smith v. Crawford (campaign finance)

Citation: 645 So.2d 513

Year: 1994

Case URL: https://www.ravellaw.com/opinions/2648dd00396b3b7d0dde069c6a0bfbd7

Case Summary: Smith v. Crawford held that defendant was still qualified to receive public financing in his campaign for commissioner of agriculture, even though he had received public financing in his race for governor and had spent more than $2,000,000 in that race, because the contributions received and expenditures made in the gubernatorial race should not be treated as though they had been made in the race for commissioner of agriculture.

Federal Cases

Case Name: Let’s Help Florida v. McCrary

Citation: 621 F.2d 195

Federal Circuit Court: 5th Circuit Court

Year: 1980

Case URL: https://www.ravellaw.com/opinions/b861df45a936966dae5928059adf5f43

Case Summary: Let's Help Florida v. McCrary held that statutory restrictions on the size of contributions to political committees in a referendum elections are unconstitutional because they abridged contributors' right to freedom of association under the 1st Amendment and the state had no compelling interest in abridging that right.

Regulations & Guidance

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 23, Division of Elections

  • Lobbying, PACs, and Campaign Finance s 11:106, Special state issues