2010

Public Campaign
Financing Handbook

July 2009

Florida Department of State

Division of Elections
R.A. Gray Building, Room 316
500 South Bronough Street
Tallahassee, Florida 32399-0250
850.245.6240
 Table of Contents
______________________________________________________________________

Chapter 1 Public Campaign Financing ......................................................................... 1

What is Public Campaign Financing? ........................................................................................1
Eligible Candidates ....................................................................................................................1
Expenditure Limits......................................................................................................................2
Distribution of Funds ..................................................................................................................2
Voluntarily Abiding by Public Campaign Financing Limits .........................................................3
Nonparticipating Candidate Exceeding Limits ...........................................................................3
Penalties and Fines....................................................................................................................4
Chapter 2 Campaign Reports......................................................................................... 5
Electronic Filing..........................................................................................................................5
Timely Filing of Reports and Documentation .............................................................................5
Reporting Dates .........................................................................................................................5
Quarterly Reports.......................................................................................................................5
Primary Election Reports ...........................................................................................................5
General Election Reports ...........................................................................................................6
Ninety Day Termination Reports................................................................................................6
Chapter 3 2010 Distribution Dates................................................................................. 7
First Distribution .........................................................................................................................7
Subsequent Distributions ...........................................................................................................7
Missing or Incomplete Information .............................................................................................7
Documentation ...........................................................................................................................8
Amendments ..............................................................................................................................9
Chapter 4 Frequently Asked Questions...................................................................... 10
Chapter 5 Florida Statutes ........................................................................................... 13
106.30 Short Title.....................................................................................................................13
106.31 Legislative intent ..........................................................................................................13
106.32 Election Campaign Financing Trust Fund....................................................................13
106.33 Election campaign financing; eligibility ........................................................................13
106.34 Expenditure limits.........................................................................................................14
106.35 Distribution of funds .....................................................................................................14
106.353 Candidates voluntarily abiding by election campaign financing limits but
not requesting public funds; irrevocable statement required; penalty ..................................15
106.355 Nonparticipating candidate exceeding limits..............................................................15
106.36 Penalties; fines.............................................................................................................16
Chapter 6 Rule 1S-2.047, Fl. Admin. Code.................................................................. 17
1S-2.047 State Campaign Matching Funds Program ..............................................................17
 Chapter 1
Public Campaign Financing
_____________________________________________________________________________

What is Public Campaign Financing?

In 1986, the Florida Legislature found that the costs of running an effective campaign for
statewide office had reached a level tending to discourage persons from running for office. Public
financing laws were enacted to encourage qualified persons to seek statewide office who may not
otherwise do so and to protect the effective competition by candidates using public funding.
(Section 106.31, Fla. Stat.)

Eligible Candidates
A candidate for the office of Governor (Governor and Lieutenant Governor candidates are
considered a “single” candidate for public campaign financing purposes) or member of the
Cabinet who desires to receive public campaign financing must, upon qualifying for office, file a
request with the Division of Elections on Form DS-DE 98, Candidate for Governor or Cabinet
Officer Request for Contributions. This form is available on the Division of Elections website
at: http://election.dos.state.fl.us/forms/index.shtml.

To be eligible to receive public campaign financing a candidate must:

1. Not be an unopposed candidate;

2. Agree to abide by the expenditure limits provided in Section 106.34, Florida Statutes;

3. Raise contributions as follows:

A. $150,000 for Governor candidates; or

B. $100,000 for Cabinet candidates;

Contributions from individuals who are not state residents may not be used to meet the
threshold amount.

4. Limit loans or contributions from the candidate’s personal funds to $25,000 and contributions
from national, state, and county executive committees of a political party to $250,000 in the
aggregate, which loans or contributions shall not qualify for meeting the threshold amounts as
shown above;

5. Submit to the Division of Elections (Division) at each reporting period, documentation for
matchable contributions including:

A. Copies of checks received;

B. In-kind documentation;
C. Credit and debit card receipts for contributions;
D. Copies of deposit slips showing any cash contributions; and
E. Copies of cashier’s checks; and

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6. Submit to a post-election audit of the campaign account and financial records by the Division
of Elections.
(Section 106.33, Fla. Stat., and Rule 1S-2.047, Fl. Admin. Code)

Expenditure Limits
Candidates who request public campaign financing must limit total expenditures. The expenditure
limits for the 2010 election cycle are as follows:

Governor and Lieutenant Governor: $24,901,170 ($2.00 for each Florida-registered voter)
Cabinet Officer: $12,450,585 ($1.00 for each Florida-registered voter)

“Florida-registered voter” means a voter who is registered to vote in Florida as of June 30 of each
odd-numbered year. The Division 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.

Candidates who have primary election opposition only must limit total expenditures to 60 percent
of the total limit. Expenditure limits do not include the payment of compensation for legal and
accounting services rendered on behalf of a candidate.
(Section 106.34, Fla. Stat., and Rule 1S-2.047, Fl. Admin. Code)

Distribution of Funds
The Division will review each request for contributions and certify to the candidate whether or not
he or she is eligible. An adverse decision may be appealed to the Florida Elections Commission
(see Rule 2B-1.006, Fl. Admin. Code).

Once certified, the candidate is entitled to receive the distribution of funds as follows:

1. For qualifying matching contributions making up all or any portion of the threshold amounts
specified in Section 106.33(2), Florida Statutes, and received after September 1, 2009,
distribution shall be on a two-to-one basis.

2. For all other qualifying matching contributions (after the threshold is reached), distribution
shall be on a one-to-one basis.

3. There is no match for contributions received on or before September 1, 2009.

Qualifying matching contributions are contributions of $250 or less made after September 1,
2009, from an individual who is a state resident at the time of making the contribution. In
determining the amount of the match, the following are applicable:

1. Aggregate contributions from an individual in excess of $250 made after September 1, 2009,
will be matched only up to $250.

2. Only contributions by Florida residents shall be considered for the match. For this purpose, a
registered voter in Florida is considered a Florida resident.

3. A contribution from an individual, if made by check, must be drawn on the personal bank
account of the individual making the contribution, as opposed to any form of business
account, regardless of whether the business account is for a corporation, partnership, sole
proprietorship, trust, or other form of business arrangement.

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4. For contributions made by check from a personal joint account, the match shall only be for
the individual who actually signs the check.

The certification and distribution of funds are based on contributions reported by the candidate to
the Division. The Division reviews each report and verifies the amount of funds to be distributed
prior to authorizing the release of funds.

Notwithstanding the provisions of Section 106.11, Florida Statutes, a candidate who is eligible for
a distribution of funds based upon qualifying matching contributions received and certified to the
Division on the report due on the 4th day prior to the election may obligate funds (not to exceed
the amount which the campaign treasurer’s report shows the candidate is eligible to receive)
without the funds actually being on deposit in the campaign account.

Distribution of funds shall be made beginning on the 32nd day prior to the primary and every
seven days thereafter.
(Section 106.35, Fla. Stat., and Rule 1S-2.047, Fl. Admin. Code)

Voluntarily Abiding by Public Campaign Financing Limits

Each candidate who has not made a request to receive public campaign financing, but wishes to
voluntarily abide by the expenditure limits in Section 106.34, Florida Statutes, and the contribution
limits in Section 106.33, Florida Statutes, must file a statement to this effect with the Division, at
the time of qualifying for office, on Form DS-DE 90, Irrevocable Statement to Voluntarily
Abide by the Expenditure Limits and Contribution Limits on Personal and Party Funds.
This form can be found on the Division of Elections Website at:

http://election.dos.state.fl.us/forms/index.shtml

If a candidate files Form DS-DE 90 and subsequently exceeds the limits, he or she must pay an
amount equal to the amount of the excess contributions or expenditures to the state. This penalty
is not an allowable campaign expense and must be paid from personal funds of the candidate.

However, if a nonparticipating candidate exceeds the expenditure limit, a candidate who signs the
voluntary statement may exceed the applicable expenditure limit to the extent the nonparticipating
candidate exceeded the limit without being subject to a penalty.
(Section 106.353, Fla. Stat., and Rule 1S-2.047, Fl. Admin. Code)

Nonparticipating Candidate Exceeding Limits

When a candidate who has chosen not to participate in public financing exceeds the expenditure
limit in Section 106.34, Florida Statutes, all opposing participating candidates are
(notwithstanding the provisions of Section 106.33, Florida Statutes, or any other provision
requiring adherence to such limit):

1. Released from such expenditure limit to the extent the nonparticipating candidate exceeded
the limit;

2. Are still eligible for matching contributions up to such limit; and

3. Shall not be required to reimburse any matching funds provided pursuant thereto.

Within seven days after a request by a participating candidate, the Department of State shall
provide the candidate with funds equal to the amount by which the nonparticipating candidate
exceeded the expenditure limit, not to exceed twice the amount of the maximum expenditure

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limits specified in Section 106.34(1)(a) and (b), Florida Statutes. These funds are not considered
matching funds.
(Section 106.355, Fla. Stat., and Rule 1S-2.047, Fl. Admin. Code)

Penalties and Fines

In addition to any other penalties which may be applicable under the election code, any candidate
who receives public campaign financing and who exceeds the applicable expenditure limit
(except as authorized in Sections 106.353 and 106.355, Florida Statutes) or falsely reports
qualifying matching contributions and thereby receives public campaign financing to which he or
she was not entitled shall be fined an amount equal to three times the amount at issue.
(Section 106.36, Fla. Stat., and Rule 1S-2.047, Fl. Admin. Code)

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 Chapter 2
Campaign Reports
_____________________________________________________________________________

Following the last day of qualifying for office, any statewide candidate who has requested to
receive public campaign financing, or any statewide candidate in a race with a candidate who has
requested to receive public campaign financing, shall file reports on the 4th, 11th, 18th, 25th, and
32nd days prior to the primary election, and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd
days prior to the general election.
(Section 106.07, Fla. Stat.)

Electronic Filing
All candidates who file campaign treasurer’s reports with the Division of Elections must file
reports in electronic format by means of the internet by either keying in the detail data via the web
pages or uploading an electronic file that meets the Division of Elections’ file specifications
pursuant to Section 106.0705, Florida Statutes.
(Sections 106.0705 and 106.0706, Fla. Stat., and Rule 1S-2.047, Fl. Admin. Code)

Timely Filing of Reports and Documentation

For eligible matching funds candidates, a report and supporting documentation is timely if it is
received by the Division by 12:00 noon, Eastern Time, on the date it is due. A report or
documentation received after 12:00 noon, Eastern Time, is deemed late for matching fund
purposes and any eligible matching funds will be distributed in the next reporting cycle.

(Rule 1S-2.047, Fl. Admin. Code)

The following schedule pertains to Governor and Cabinet candidates requesting matching funds
or who are in a race with a candidate requesting matching funds.

Reporting Dates

Quarterly Reports
Due Dates Period Covered Report Code
January 11, 2010 October 1 – December 31, 2009 Q4
April 12, 2010 January 1 – March 31, 2010 Q1

Primary Election Reports (election date August 24, 2010)

Due Dates Period Covered Report Code
July 23, 2010 April 1 – July 16, 2010 F1
July 30, 2010 July 17 – July 23, 2010 F1B
August 6, 2010 July 24 – July 30, 2010 F2
August 13, 2010 July 31 – August 6, 2010 F2B
August 20, 2010 August 7 – August 19, 2010 F3

5
General Election Reports (election date November 2, 2010)
Due Dates Period Covered Report Code
September 10, 2010 August 20 – September 3, 2010 G0
September 17, 2010 September 4 – September 10, 2010 G1
September 24, 2010 September 11 – September 17, 2010 G1B
October 1, 2010 September 18 – September 24, 2010 G2
October 8, 2010 September 25 – October 1, 2010 G2B
October 15, 2010 October 2 – October 8, 2010 G3
October 22, 2010 October 9 – October 15, 2010 G3B
October 29, 2010 October 16 – October 28, 2010 G4

Ninety Day Termination Reports

Due Dates Period Covered Report Code
September 16, 2010 After Qualifying TR
November 22, 2010 Primary Election TR
January 31, 2011 General Election TR

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 Chapter 3
2010 Distribution Dates
_____________________________________________________________________________

Distribution Date Period Covered

July 23, 2010 September 1, 2009 – March 31, 2010
July 30, 2010 April 1 – July 16, 2010
August 6, 2010 July 17 – July 23, 2010
August 13, 2010 July 24 – July 30, 2010
August 20, 2010 July 31 – August 6, 2010
August 27, 2010 August 7 – August 19, 2010
September 3, 2010 Distribution date for Corrections
September 10, 2010 Distribution date for Corrections
September 17, 2010 August 20 – September 3, 2010
September 24, 2010 September 4 – September 10, 2010
October 1, 2010 September 11 – September 17, 2010
October 8, 2010 September 18 – September 24, 2010
October 15, 2010 September 25 – October 1, 2010
October 22, 2010 October 2 – October 8, 2010
October 29, 2010 October 9 – October 15, 2010
November 5, 2010 October 16 – October 28, 2010

First Distribution
The first distribution is based on verified matching contributions as shown on quarterly reports
filed after September 1, 2009.
(Rule 1S-2.047, Fl. Admin. Code)

Subsequent Distributions
Thereafter, distribution is based on weekly reports based on the prior week’s report as verified by
the Division, if timely received. Otherwise, the distribution will be made in the next applicable
weekly cycle.
(Rule 1S-2.047, Fl. Admin. Code)
Missing or Incomplete Information
If information in campaign treasurer’s report related to a matchable contribution is missing,
incomplete or cannot be verified, no match will be made for that contribution and the candidate
will be notified by the Division of Elections. Upon supplying the missing or incomplete information
and verification by the Division of Elections, matching funds will be provided on the next
applicable cycle.
(Rule 1S-2.047, Fl. Admin. Code)

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Documentation
Documentation may be submitted in paper or electronic format. Documentation that does not
meet the requirements of Rule 1S-2.047(4), Florida Administrative Code, will not be processed
and the candidate will be notified by the Division.

Documentation must be arranged by report and provided in sequence order beginning with the
smallest sequence. Do not provide documentation for sequences that do not contain a
contribution eligible for the threshold requirements or a matchable contribution. Documentation
for more than one sequence may appear on a page, however, it must appear in sequence
order.

Paper documentation must be submitted on 8 ½ by 11 paper. Information may be submitted in

portrait or landscape format; however, all pages within the documentation submission
must be in the same format. The top, right portion of each page must include the candidate’s
last name, candidate identification number, the report name, and the contribution sequence
number or numbers to which the documentation pertains. Example:

Smith #41703
2009 Q3
Seq. 5, 6, 8

Check for Sequence 5

Check for Sequence 6

Check for Sequence 8

8
Electronic submission of documentation must be done via a separate file for each corresponding
filed contribution report. The filename for the electronic submission must contain the candidate’s
last name followed by the type of report (e.g., JonesF1, SmithG2, etc.), unless the candidate had
previously requested and the Division had specifically exempted the candidate from the file name
requirement because of character limitations in the filename. The documentation must clearly
identify the contribution sequence number or numbers to which the image pertains. All electronic
documents within the file must be submitted in a horizontal format, readable from left to right, so
that the Division can read the document on a computer screen without having to rotate any
image.

Amendments
If a candidate requesting matching funds amends a previously filed report, any adjustment, up or
down, to the candidate’s distribution will be made on the next weekly cycle occurring after receipt
and review of the amended report.
(Rule 1S-2.047, Fl. Admin. Code)

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 Chapter 4
Frequently Asked Questions
_____________________________________________________________________________

Question 1: If I receive a check drawn on a joint checking account in the amount of $500, and
only one person signs the check, can I attribute the contribution to both signatories on the
account?
Answer: No, the contribution is considered to be from the person signing the check; and,
therefore, only $250 of the $500 can be attributed to the candidate for matching fund purposes.
(Section 106.35(2)(b), Fla. Stat.)

Question 2: If I receive a check drawn on a joint checking account in the amount of $1,000, and
two parties sign the check, can I attribute the contribution to both parties and, if so, what amount
is attributed to each?
Answer: Yes, the contribution would be divided between both contributors in an amount of $500
each; however, only $250 of each contribution will be matched. (Section 106.35(2)(b), Fla. Stat.)

Question 3: If I receive a check drawn on a joint checking account in an amount less than
$1,000, and two parties sign the check, can I attribute the contribution to both parties and, if so,
what amount is attributed to each?
Answer: No, the only check over $500 that is acceptable is a check for $1,000 from a joint
checking account and signed by both parties. For checks less than $1,000, there is no way to
determine how much is attributable to each party.

Question 4: If an individual contributor gives two contributions of $250 each, will both be
matched?
Answer: No, each contributor may only be matched up to $250 for the entire election cycle. For
example, if a contributor gives an aggregate of $1,000 over the entire election cycle, only $250 of
that amount is matchable. (Section 106.35(2)(b), Fla. Stat.)

Question 5: If I received a $500 check from an individual after September 1 of the year
preceding the election, what amount is matched?
Answer: $250 would be matched if the contributor is a Florida resident. (Section 106.35(2)(b),
Fla. Stat.)

Question 6: If the above contribution is within the threshold amount, would it be matched two-to-
one or one-to-one?
Answer: The contribution would be matched two-to-one, or $500 for a $250 contribution.
(Section 106.35(2)(a)1., Fla. Stat.)

10
Question 7: If I receive a contribution on a business check, but it is the only account an
individual has and he also uses it for personal transactions, would such a contribution be
attributed to the individual?
Answer: No, any check drawn on a business account is considered a contribution from the
business and not from the individual and will not be matched. (Section 106.35(2)(b), Fla. Stat.)

Question 8: After the campaign is over, may I, the candidate, pay myself back for contributions I
have made to my own campaign?
Answer: Yes, a candidate may reimburse himself in full or in part, for any reported contributions
not to exceed the $25,000 limit that a candidate who participates in public campaign financing
may contribute to his own campaign, prior to disposing of surplus campaign funds. (Section
106.141(2), Fla. Stat.)

Question 9: If I have surplus campaign funds and was a petition candidate that filed an affidavit
of undue burden, must I reimburse the cost of verification of petition signatures to the appropriate
supervisor of elections prior to writing a check to the state for money received for matching
funds?
Answer: Yes, and pay the election assessment to the Department of State. (Section
106.141(6), Fla. Stat.)

Question 10: Can the national, state and county executive committees, and their subordinate
committees, each contribute $250,000 to my campaign?
Answer: No, the aggregate total that all can give is $250,000. (Section 106.33(3), Fla. Stat.)

Question 11: Can the threshold amount of $150,000 for Governor and $100,000 for Cabinet
candidates be from any contributor, or must it be from individuals?
Answer: The threshold can be comprised of contributions from any contributor except the
candidate, political parties and individuals not Florida residents. (Section 106.33(3), Fla. Stat.)

Question 12: What is the maximum amount that I, as the candidate, can contribute to my own
campaign, and does this amount include in-kind contributions?
Answer: The maximum amount that a candidate who participates in public campaign financing
may give to his or her campaign is $25,000, which includes loans, monetary and in-kind
contributions. (Section 106.33(3), Fla. Stat.)

Question 13: When does a report have to be submitted in order to receive a matching funds
check the following week?
Answer: A report must be received no later than 12 noon, Eastern Time, of the report due date
in order to receive a check by the following week. Any report received after 12 noon, Eastern
Time, would be deemed late for matching fund purposes and any eligible matching funds will be
distributed in the next reporting cycle. A fine will not be imposed on reports deemed late for
matching fund purposes unless the report is filed after 12 midnight of the report due date.
(Section 106.07 (8)(b), Fla. Stat. and Rule 1S-2.047, Fl. Admin. Code)

Question 14: If I exceed the expenditure limits, will I still be able to receive matching funds?

11
Answer: No, if you exceed the expenditure limits, you no longer qualify to receive matching
funds. However, if a non-participating candidate in your race exceeds the limits, you may expend
money up to the amount exceeded by the non-participating candidate and receive matching funds
for such expenditures not to exceed twice the overall expenditure limits of the act. (Sections
106.33(1) and 106.355, Fla. Stat.)

Question 15: If I do not meet the threshold amount by qualifying time, may I still submit my
request to receive matching funds?
Answer: Yes, but no funds will be disbursed until you have met the threshold amount. (Sections
106.33 and 106.35, Fla. Stat.)

Question 16: If I have submitted a request for matching funds, but have not received the funds
as yet, may I obligate those funds for my election?
Answer: As a general rule, no. However, you may obligate funds you have not received only for
the last matching period prior to an election. Thus, you may obligate funds, not already on
deposit in your campaign account, for the funds you are eligible to receive, based on the report
submitted for the 4th day preceding the election. (Section 106.35(3)(b), Fla. Stat.)

Question 17: When do I have to close my campaign account?

Answer: Within 90 days after withdrawing, becoming unopposed, elected or eliminated.
(Section 106.141(1), Fla. Stat.)

Question 18: Should I maintain a balance in the campaign account after I have become
unopposed, elected, eliminated or withdraw my candidacy, just in case an audit determines that I
owe the state money for contributions that should not have been matched?
Answer: No, all funds must be disposed of and the account closed within 90 days of becoming
unopposed, elected, eliminated or withdrawing your candidacy. (Section 106.141(1), Fla. Stat.)

Question 19: If I receive a refund after my account is closed, what do I do with the funds?
Answer: Sign the refund check over to the state to repay money received for matching funds.
(Sections 106.141(1) and (4)(b), Fla. Stat.)

Question 20: What penalties might I incur if I receive matching funds, but have exceeded the
expenditure limit, or have falsely reported qualifying matching contributions, and, therefore,
receive matching funds to which I was not entitled?
Answer: You can be fined an amount equal to three times the amount received. (Section
106.36, Fla. Stat.)

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 Chapter 5
Florida Statutes
_____________________________________________________________________________

106.30 Short Title.—Sections 106.30–106.36 may be cited as the “Florida Election Campaign
Financing Act.”
History.–s. 1, ch. 86-276.

106.31 Legislative intent.—The Legislature finds that the costs of running an effective
campaign for statewide office have reached a level which tends to discourage persons from
becoming candidates and to limit the persons who run for such office to those who are
independently wealthy, who are supported by political committees representing special interests
which are able to generate substantial campaign contributions, or who must appeal to special
interest groups for campaign contributions. The Legislature further finds that campaign
contributions generated by such political committees are having a disproportionate impact vis-a-
vis contributions from unaffiliated individuals, which leads to the misperception of government
officials unduly influenced by those special interests to the detriment of the public interest.
Furthermore, it is the intent of the Legislature that the purpose of public campaign financing is to
make candidates more responsive to the voters of the State of Florida and as insulated as
possible from special interest groups. The Legislature intends ss. 106.30–106.36 to alleviate
these factors, dispel the misperception, and encourage qualified persons to seek statewide
elective office who would not, or could not, otherwise do so and to protect the effective
competition by a candidate who used public funding.
History.–s. 1, ch. 86-276; s. 67, ch. 2001-40.

106.32 1Election Campaign Financing Trust Fund.

(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. 106.30–106.36. 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. 106.30–106.36.
(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. 106.04, 106.07, and 106.29 shall be deposited
into the 1Election Campaign Financing Trust Fund as designated in those sections.
History.–s. 1, ch. 86-276; s. 19, ch. 91-107.
1
Note.–The trust fund expired, effective November 4, 1996, by operation of s. 19(f), Art. III of the State
Constitution.

106.33 Election campaign financing; eligibility.—Each candidate for the office of Governor
or member of the Cabinet who desires to receive contributions from the 1Election Campaign
Financing Trust Fund shall, upon qualifying for office, file a request for such contributions with the
filing officer on forms provided by the Division of Elections. If a candidate requesting
contributions from the fund desires to have such funds distributed by electronic fund transfers, the
request shall include information necessary to implement that procedure. For the purposes of ss.
106.30–106.36, candidates for Governor and Lieutenant Governor on the same ticket shall be
considered as a single candidate. To be eligible to receive contributions from the fund, a
candidate may not be an unopposed candidate as defined in s. 106.011(15) and must:
(1) Agree to abide by the expenditure limits provided in s. 106.34.
(2)(a) Raise contributions as follows:
1. One hundred fifty thousand dollars for a candidate for Governor.
2. One hundred thousand dollars for a candidate for Cabinet office.

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 (b) Contributions from individuals who at the time of contributing are not state residents may not
be used to meet the threshold amounts in paragraph (a). For purposes of this paragraph, any
person validly registered to vote in this state shall be considered a state resident.
(3) Limit loans or contributions from the candidate’s personal funds to $25,000 and
contributions from national, state, and county executive committees of a political party to
$250,000 in the aggregate, which loans or contributions shall not qualify for meeting the threshold
amounts in subsection (2).
(4) Submit to a postelection audit of the campaign account by the division.
History.—s. 1, ch. 86-276; s. 40, ch. 90-315; s. 20, ch. 91-107; s. 68, ch. 2001-40; s. 47, ch. 2005-278.
1
Note.—The trust fund expired, effective November 4, 1996, by operation of s. 19(f), Art. III of the State
Constitution.

106.34 Expenditure limits.—

(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.
1
Note.—The trust fund expired, effective November 4, 1996, by operation of s. 19(f), Art. III of the State
Constitution.

106.35 Distribution of funds.—

(1) The division shall review each request for contributions from the 1Election Campaign
Financing Trust Fund and certify whether the candidate is eligible for such contributions. Notice
of the certification decision shall be provided to the candidate. An adverse decision may be
appealed to the Florida Elections Commission. The division shall adopt rules providing a
procedure for such appeals.
(2)(a) Each candidate who has been certified to receive contributions from the 1Election
Campaign Financing Trust Fund shall be entitled to distribution of funds as follows:
1. For qualifying matching contributions making up all or any portion of the threshold amounts
specified in s. 106.33(2), distribution shall be on a two-to-one basis.
2. For all other qualifying matching contributions, distribution shall be on a one-to-one basis.
(b) Qualifying matching contributions are those of $250 or less from an individual, made after
September 1 of the calendar year prior to the election. Any contribution received from an
individual who is not a state resident at the time the contribution is made shall not be considered
a qualifying matching contribution. For purposes of this paragraph, any person validly registered
to vote in this state shall be considered a state resident. Aggregate contributions from an
individual in excess of $250 will be matched only up to $250. A contribution from an individual, if
made by check, must be drawn on the personal bank account of the individual making the
contribution, as opposed to any form of business account, regardless of whether the business
account is for a corporation, partnership, sole proprietorship, trust, or other form of business
arrangement. For contributions made by check from a personal joint account, the match shall
only be for the individual who actually signs the check.
(3)(a) Certification and distribution of funds shall be based on contributions to the candidate
reported to the division for such purpose. The division shall review each report and verify the

14
amount of funds to be distributed prior to authorizing the release of funds. The division may
prescribe separate reporting forms for candidates for Governor and Cabinet officer.
(b) Notwithstanding the provisions of s. 106.11, a candidate who is eligible for a distribution of
funds based upon qualifying matching contributions received and certified to the division on the
report due on the 4th day prior to the election, may obligate funds not to exceed the amount which
the campaign treasurer’s report shows the candidate is eligible to receive from the 1Election
Campaign Financing Trust Fund without the funds actually being on deposit in the campaign
account.
(4) Distribution of funds shall be made within 7 days after the close of qualifying and every 7
days thereafter.
(5) The division shall adopt rules providing for the weekly reports and certification and
distribution of funds pursuant thereto required by this section. Such rules shall, at a minimum,
provide for:
(a) Specifications for printed campaign treasurer’s reports outlining the format for such reports,
including size of paper, typeface, color of print, and placement of required information on the
form.
(b)1. Specifications for electronically transmitted campaign treasurer’s reports outlining
communication parameters and protocol, data record formats, and provisions for ensuring
security of data and transmission.
2. All electronically transmitted campaign treasurer’s reports must also be filed in printed format.
Printed format shall not include campaign treasurer’s reports submitted by electronic facsimile
transmission.
History.–s. 1, ch. 86-276; s. 25, ch. 89-256; s. 42, ch. 90-315; s. 22, ch. 91-107; s. 69, ch. 2001-40; : s.
49, ch. 2007-30..
1
Note.–The trust fund expired, effective November 4, 1996, by operation of s. 19(f), Art. III of the State
Constitution.

106.353 Candidates voluntarily abiding by election campaign financing limits but not
requesting public funds; irrevocable statement required; penalty.—
(1) Not later than qualifying for office, each candidate for the office of Governor or member of
the Cabinet who has not made a request to receive contributions from the 1Election Campaign
Financing Trust Fund, but who wishes to voluntarily abide by the applicable expenditure limit set
forth in s. 106.34 and the contribution limits on personal and party funds set forth in s. 106.33,
shall file an irrevocable statement to that effect with the Secretary of State.
(2) Any candidate who files such a statement and subsequently exceeds such limits shall pay to
the 1Election Campaign Financing Trust Fund an amount equal to the amount of the excess
contributions or expenditures. Such penalty shall not be an allowable campaign expense and
shall be paid from personal funds of the candidate. However, if a nonparticipating candidate
exceeds the expenditure limit as described in s. 106.355, a candidate signing the statement
pursuant to this section may exceed the applicable expenditure limit to the extent the
nonparticipating candidate exceeded the limit without being subject to a penalty.
History.–s. 23, ch. 91-107.
1
Note.–The trust fund expired, effective November 4, 1996, by operation of s. 19(f), Art. III of the State
Constitution.

106.355 Nonparticipating candidate exceeding limits.—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 1Election 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

15
maximum expenditure limits specified in s. 106.34(1)(a) and (b), which funds shall not be
considered matching funds.
History.–s. 24, ch. 91-107.
1
Note.–The trust fund expired, effective November 4, 1996, by operation of s. 19(f), Art. III of the State
Constitution.

106.36 Penalties; fines.—In addition to any other penalties which may be applicable under the
election code, any candidate who receives contributions from the 1Election Campaign Financing
Trust Fund and who exceeds the applicable expenditure limit, except as authorized in ss. 106.353
and 106.355, or falsely reports qualifying matching contributions and thereby receives
contributions from the 1Election Campaign Financing Trust Fund to which the candidate was not
entitled shall be fined an amount equal to three times the amount at issue, which shall be
deposited in the 1Election Campaign Financing Trust Fund.
History.–s. 1, ch. 86-276; s. 11, ch. 90-338; s. 25, ch. 91-107; s. 655, ch. 95-147.
1
Note.–The trust fund expired, effective November 4, 1996, by operation of s. 19(f), Art. III of the State
Constitution.

16
 Chapter 6
Rule 1S-2.047, Fl. Admin. Code
_____________________________________________________________________________

1S-2.047 State Campaign Matching Funds Program.

(1) Form of Request. A candidate for the office of Governor or member of the Cabinet who
desires to receive state matching funds shall complete Form DS-DE 98, “Candidate for Governor
or Cabinet Officer Request for Contributions” (eff. 03/09), and submit it to the Division of Elections
(Division) no later than the date the candidate qualifies for office.
(2) Distribution of Funds. State matching funds shall be distributed to eligible candidates
beginning on the 32nd day prior to the primary and every 7 days thereafter. The first distribution
will be based on verified matching contributions as shown on quarterly reports, filed after
September 1 of the calendar year prior to the election. Thereafter, distribution of funds will be
based on reports as provided by Section 106.07(1)(b), Fla. Stat. Each distribution of funds will be
based on the prior week’s report as verified by the Division, if timely received; otherwise, the
distribution will be made in the next applicable weekly cycle. The Division shall verify matching
contributions contained in the reports with documentation provided by the candidate as set forth
in paragraph (4) of this rule.
(3) Filing of Reports.
(a) A report of contributions received by a candidate who is eligible to receive state matching
funds is timely if it is filed using the Division’s electronic filing system no later than 12:00 noon,
Eastern Time, on the date it is due. If a report is filed after 12:00 noon, Eastern Time, on the due
date, the report will be deemed late for matching fund purposes and any eligible matching funds
will be distributed in the next reporting cycle.
(b) Reports of contributions filed by candidates requesting matching funds must include all
information required by this rule and Sections 106.07 and 106.30-.36, Fla. Stat. If information
related to a matchable contribution is missing, incomplete, or cannot be verified, no match will be
made for that contribution and the candidate will be notified by the Division. However, upon
supplying such missing or incomplete information and upon verification by the Division, matching
funds will be distributed in the next reporting cycle.
(c) If a candidate requesting matching funds submits a contribution report and subsequently
amends such report, any adjustment, up or down, to the candidate’s distribution of funds will be
made on the next weekly cycle occurring after receipt and review of the amended report. All
amendments to reports must be submitted electronically to the Division.
(4) Documentation.
(a) Documentation for each contribution report must be received by the Division no later than
12:00 noon, Eastern Time, on the date the report is due. If documentation for such report is
received by the Division after 12:00 noon, Eastern Time, on the due date, the documentation will
be deemed late for matching fund purposes and any eligible matching funds will be distributed in
the next reporting cycle.
(b) Documentation may be submitted in paper or electronic format.
1. Regardless of the format, documentation must be submitted in the corresponding
sequence order as recorded on the filed contribution report beginning with the smallest sequence
number.
2. Paper documentation must be submitted on 8 ½ by 11 paper. The top, right portion of
each page must include the candidate’s last name, candidate identification number, the report
name, and the contribution sequence number or numbers to which the documentation pertains.
Information may be submitted in portrait or landscape format; however, all pages within the
documentation submission must be in the same format.
3. Electronic submission of documentation must be done via a separate file for each
corresponding filed contribution report. The filename for the electronic submission must contain
the candidate’s last name followed by the type of report (e.g., JonesF1, SmithG2, etc.), unless the

17
candidate had previously requested and the Division had specifically exempted the candidate
from the file name requirement because of character limitations in the filename. The
documentation must clearly identify the contribution sequence number or numbers to which the
image pertains. All electronic documents within the file must be submitted in a horizontal format,
readable from left to right, so that the Division can read the document on a computer screen
without having to rotate any image.
(c) In order to verify contributions, the Division must receive the following documentation:
1. For a contribution made by check or cashier’s check, a copy of the check or cashier’s
check;
2. For a contribution made by credit or debit card, a copy of the credit or debit card receipt;
3. For an in-kind contributions, a written statement signed by the contributor that includes the
date the contribution was made, a description of the contribution and the fair market value of the
contribution; and
4. For a cash contribution, a copy of the bank deposit slip.
(d) Documentation that does not conform to the specifications in this paragraph will not be
processed and the candidate will be notified by the Division. Upon supplying documentation that
is in compliance with these specifications and verification by the Division, matching funds will be
distributed in the next reporting cycle.
(5) Appeal. An adverse decision regarding the distribution of matching funds may be
appealed to the Florida Elections Commission, pursuant to Rule 2B-1.006, Fl. Admin. Code
(6) Voluntary Expenditure Limits. Candidates not participating in public campaign finance
who wish to voluntarily abide by the expenditure limits of Section 106.34, Fla. Stat., and the
contribution limits on personal and party funds set forth in Section 106.33, Fla. Stat., shall file an
irrevocable statement to this effect on Form DS-DE 90, “Irrevocable Statement to Voluntarily
Abide by the Expenditure and Contribution Limits on Personal and Party Funds” (eff. 03/09), upon
qualifying for office.
(7) Forms Incorporated by Reference. All forms contained in this rule are incorporated by
reference and are available from the Division of Elections, Room 316, R.A. Gray Building,
Tallahassee, Florida 32399-0250, from the Division’s website at http://election.dos.state.fl.us, or
by calling (850) 245-6240.

Specific Authority 20.10(3), 106.33, 106.35(1), (5) FS. Law Implemented 106.30-.36 FS. History–
New 4-14-09.
Editorial Note: This rule originated from former 1S-2.017(2) and (3), dated 6-2-05.

18
This publication is available in alternate format upon request by calling 850.245.6240.