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florida > The Florida Election Code > Campaign Financing

§ 106.32 Election Campaign Financing Trust Fund.

Overview of Statute

This statute provides for the creation of an election campaign financing trust fund, into which proceeds from filing fees and assessments are deposited, to fund qualifying candidates.

Statute

(1) There is hereby established in the State Treasury an 1Election Campaign Financing Trust Fund to be utilized by the Department of State as provided in ss. 106.30106.36. If necessary, each year in which a general election is to be held for the election of the Governor and Cabinet, additional funds shall be transferred to the 1Election Campaign Financing Trust Fund from general revenue in an amount sufficient to fund qualifying candidates pursuant to the provisions of ss. 106.30106.36.

(2) Proceeds from filing fees pursuant to ss. 99.092, 99.093, and 105.031 shall be deposited into the 1Election Campaign Financing Trust Fund as designated in those sections.
(3) Proceeds from assessments pursuant to ss. 106.07 and 106.29 shall be deposited into the1 Election Campaign Financing Trust Fund as designated in those sections.

History:

s. 1, ch. 86-276; s. 19, ch. 91-107; s. 26, ch. 2013-37.

Definition [Department]

The Department of State.

Definition [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.

Definition [Election]

Any primary election, special primary election, special election, general election, or presidential preference primary election.

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.

Cases

florida Cases

Case Name: Chiles v. Department of State, Division of Elections

Citation: 711 So.2d 151

Year: 1998

Case URL: https://www.ravellaw.com/opinions/d43312d59ef88426195fc47d7cde13f7

Case Summary: Chiles v. Department of State, Division of Elections held that the statute regulating the dissolution of state trust funds for all state government agencies did not eliminate public funding of state elections.

Out-of-State Cases

Federal Cases

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 113, Generally; eligibility requirements

  • Fla. Jur. 2d State of Florida s 171, Definition and nature of appropriations acts

  • Lobbying, PACs, and Campaign Finance s 11:111, Public financing-Overview