§ 106.355 Nonparticipating candidate exceeding limits.
Overview of Statute
This statute provides an overview of what occurs when a candidate not participating in the public financing system exceeds the applicable expenditure limit from s. 106.34.
Whenever a candidate for the office of Governor or member of the Cabinet who has elected not to participate in election campaign financing under the provisions of ss. 106.30-106.36 exceeds the applicable expenditure limit provided in s. 106.34, all opposing candidates participating in such election campaign financing are, notwithstanding the provisions of s. 106.33 or any other provision requiring adherence to such limit, released from such expenditure limit to the extent the nonparticipating candidate exceeded the limit, are still eligible for matching contributions up to such limit, and shall not be required to reimburse any matching funds provided pursuant thereto. In addition, the Department of State shall, within 7 days after a request by a participating candidate, provide such candidate with funds from the Election Campaign Financing Trust Fund equal to the amount by which the nonparticipating candidate exceeded the expenditure limit, not to exceed twice the amount of the maximum expenditure limits specified in s. 106.34(1)(a) and (b), which funds shall not be considered matching funds.
s. 24, ch. 91-107.
1. Definition for Department
The Department of State. Fla. Stat. § 97.021(7).
2. Definition for 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).
3. Definition for 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).
4. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
5. Definition for Candidate
Any person to whom any one or more of the following applies:
Case Name: Smith v. Crawford
Citation: 645 So.2d 513
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.
Case Name: Scott v. Roberts
Citation: 612 F.3d 1279
Federal Circuit Court: 11th Circuit Court
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.
Fla. Jur. 2d Elections s 113, Generally; eligibility requirements
Fla. Jur. 2d Elections s 115, Nonparticipating candidate exceeding limits