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Florida > The Florida Election Code > Campaign Financing

§ 106.34 Expenditure limits.

Overview of Statute

This statute outlines the expenditure limits for candidates for Governor, Lieutenant Governor, and Cabinet officer who accept funds from the Election Campaign Financing Trust Fund.

Statute

(1) Any candidate for Governor and Lieutenant Governor or Cabinet officer who requests contributions from the 1Election Campaign Financing Trust Fund shall limit his or her total expenditures as follows:

(a) Governor and Lieutenant Governor: $2.00 for each Florida-registered voter.
(b) Cabinet officer: $1.00 for each Florida-registered voter.
(2) The expenditure limit for any candidate with primary election opposition only shall be 60 percent of the limit provided in subsection (1).
(3) For purposes of this section, “Florida-registered voter” means a voter who is registered to vote in Florida as of June 30 of each odd-numbered year. The Division of Elections shall certify the total number of Florida-registered voters no later than July 31 of each odd-numbered year. Such total number shall be calculated by adding the number of registered voters in each county as of June 30 in the year of the certification date. For the 2006 general election, the Division of Elections shall certify the total number of Florida-registered voters by July 31, 2005.
(4) For the purposes of this section, the term “expenditure” does not include the payment of compensation for legal and accounting services rendered on behalf of a candidate.

History:

s. 1, ch. 86-276; s. 41, ch. 90-315; s. 21, ch. 91-107; s. 654, ch. 95-147; s. 48, ch. 2005-278.

Definition [Expenditure]

(a) A purchase, payment, distribution, loan, advance, 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, or gift of money or anything of value made for the purpose of influencing the results of an election or making an electioneering communication. However, “expenditure” does not include a purchase, payment, distribution, loan, advance, or gift of money or anything of value made for the purpose of influencing the results of an election when made by an organization, in existence before the time during which a candidate qualifies or an issue is placed on the ballot for that election, for the purpose of printing or distributing such organization’s newsletter, containing a statement by such organization in support of or opposition to a candidate or issue, which newsletter is distributed only to members of such organization.

(b) As used in chapter 106, an “expenditure” for an electioneering communication is made when the earliest of the following occurs:

1. A person enters into a contract for applicable goods or services;

2. A person makes payment, in whole or in part, for the production or public dissemination of applicable goods or services; or

3. The electioneering communication is publicly disseminated. Fla. Stat. § 106.011(10).

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 [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. Fla. Stat. § 97.021(16).

Definition [Primary Election]

An election held preceding the general election for the purpose of nominating a party nominee to be voted for in the general election to fill a national, state, county, or district office. Fla. Stat. § 97.021(29).

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

Case Name: Smith v. Crawford

Citation: 645 So.2d 513

Year: 1994

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

Case Summary: Smith v. Crawford held that the incumbent Commissioner of Agriculture was not required to pursue administrative remedies before bringing action against the other Commissioner of Agriculture candidate, who had withdrawn from the gubernatorial race, seeking declaratory and injunctive relief based on his challenge to the other candidate’s eligibility to be party nominee. However, the candidate who had withdrawn from the gubernatorial race was not prohibited from qualifying as the party’s nominee for Commissioner of Agriculture, since a candidate who withdraws from one race can become a candidate for a newly designated office for which he or she can qualify.

Out-of-State Cases

Federal Cases

Case Name: Scott v. Roberts

Citation: 612 F.3d 1279

Federal Circuit Court: 11th Circuit Court

Year: 2010

Case URL: https://www.ravellaw.com/opinions/7987469d469c0ce131f9427442e87308

Case Summary: Scott v. Roberts held that because the candidate not participating in the state's public financing scheme established that he was entitled to a preliminary injunction, since his claim regarding the state's public financing system was likely to be successful on the merits, the state was preliminarily enjoined from releasing public funds to the participating candidate.

Regulations & Guidance

Additional Resources

Further Reading

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

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