§ 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.
It is the duty of the Division of Elections to:
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.
- Campaign Finance
1. Definition for Department
The Department of State. Fla. Stat. § 97.021(7).
2. Definition for Supervisor
The supervisor of elections. Fla. Stat. § 97.021(36).
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 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).
5. Definition for Division
The Division of Elections of the Department of State. Fla. Stat. § 97.021(8).
6. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
7. Definition for Candidate
Any person to whom any one or more of the following applies:
Case Name: Diaz de la Portilla v. Florida Elections Commission
Citation: 857 So.2d 913
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 Name: Secretary of State v. Milligan
Citation: 704 So.2d 152
Case Summary: Secretary of State v. Milligan held that the termination of the Election Campaign Financing Trust Fund did not change the Secretary of State's duty to collect and deposit filing fees.
Case Name: Smith v. Crawford (campaign finance)
Citation: 645 So.2d 513
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.
Case Name: Let’s Help Florida v. McCrary
Citation: 621 F.2d 195
Federal Circuit Court: 5th Circuit Court
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
Fla. Jur. 2d Elections s 23, Division of Elections
Lobbying, PACs, and Campaign Finance s 11:106, Special state issues