CopyCited 21 times | Published | Court of Appeals for the Eleventh Circuit | 2001 U.S. App. LEXIS 25319, 2001 WL 1509579
...Florida’s Construction of §
106.08(5)
Building off of the district court’s narrowing construction, Florida argues that
§
106.08(5) should be read in view of the entire state campaign finance regime,
including §§
106.011(3)(a),
106.021(1)(b),13 and
106.11(1).14 Based on these
provisions, Florida contends that §
106.08(5) should be narrowly construed as only
prohibiting a candidate from using funds from his campaign account for personal
donation to an organization....
...We disagree with Florida because we would have to
rewrite §
106.08(5) before it could be read in this manner.15
We begin by noting that Florida’s interpretation cannot be reconciled with
the plain language of §
106.08(5). As we have explained, the provision contains
13
Section
106.021(1)(b) mandates that “each candidate and each political committee shall
....
...t on §
106.011(3)(a), which,
as we have discussed, defines “contributions” as gifts or other transfers made for
the purpose of influencing the results of an election. Florida argues that this
definition should be read in conjunction with the §
106.021(1)(b) requirement that
each candidate create a separate campaign account and with the §
106.11(1)
requirement that the account be used only for depositing contributions and making
campaign expenditures....
CopyCited 19 times | Published | Florida 1st District Court of Appeal | 1994 WL 592242
...ing the same election year, but subsequently withdrew from the first race. On the contrary, the possibility that a candidate for one office can later change the office for which he is a candidate as the party nominee is explicitly contemplated by subsection 106.021(1)(a), which provides: Nothing in this subsection shall prohibit a candidate, at a later date, from changing the designation of the office for which he is a candidate....
...st be kept separate and accounted for independently of the contributions and expenditures in the second campaign. We conclude that this is the only permissible interpretation of the statutory provisions for the following reasons. As discussed above, section 106.021 explicitly authorizes a candidate to change the designation of the office he or she seeks; but that section also requires that contributions received in the first campaign cannot be carried over and applied to the second campaign unless the contributors give their consent....
...ributors, must be returned to the Trust Fund and cannot be expended for any other purpose, including the campaign for the newly designated office. On the other hand, when a candidate withdrawing from one race becomes a candidate for a new office, subsection 106.021(1)(a) provides that the candidate can accept no contributions and make no expenditures in the new campaign until the candidate has appointed a campaign treasurer and has designated a primary campaign depository when filing for qualification for the newly designated office. Expenditures can be made only from that fund for purposes of election to the newly designated office. § 106.021(3), Fla. Stat. (1993). It is significant that the language requiring permission from contributors to a withdrawing candidate to carry over funds to the campaign for a newly designated office was *524 added to section 106.021 by chapter 91-107, Laws of Florida....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
further contends that the provisions of §
106.18 and §
106.21 of the Campaign Financing Act indicate that the
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22082173
...It is true that local political campaigns are smaller than statewide campaigns, but chapter 106 does not distinguish between state and local offices in the reporting requirements. The campaign treasurer is a formally designated campaign officer under the statute, see § 106.021, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2006 WL 2521401
...Plaintiff contends that Defendant failed to timely file the appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates, Form DS-DE 9 (Plaintiff's Exhibit 1) as required by Florida Statutes §§
105.031(5)(a)(4) [1] and
106.021(1)(a)....
...She bases this assertion on the belief that Defendant Sanchez-Gronlier opened a campaign account, accepted contributions which were deposited into this account, and made expenditures from the account without having filed the required DS-DE 9, all in violation of § 106.021(1)(a)....
...A statement that Defendant Sanchez-Gronlier had read and understood *1169 the requirements of the Florida Judicial Code of Conduct was filed and date stamped at 8:17 a.m. [4] Finally, the qualifying check, dated July 19, 2006, was presented, filed and date stamped at 8:19 a.m. §
106.021(1)(a) prohibits campaign contributions and expenditures until the candidate has appointed a treasurer and designated a primary campaign depository. [5] §
105.031(5), while not explicitly including such a prohibition, does refer to §
106.021 in referencing the appointment and designation form....
...When Defendant Sanchez-Gronlier opened his campaign account, he did so with money he loaned to the campaign. Such loans are campaign contributions. [6] Since he had not designated a primary campaign depository when he opened the account, Defendant Sanchez-Gronlier was in violation of § 106.021(1)(a) for accepting a campaign contribution prior to the filing of the Form DS-DE 9....
...The only expenditure made by Defendant Sanchez-Gronlier from the campaign account was the qualifying check. The check was presented for payment two minutes after the appointment of treasurer and designation of campaign depository were filed. As a result, there was no violation of § 106.021 for making an expenditure from the campaign account....
...Thus, when the check was presented to the Division of Elections, it was drawn on a valid campaign account and was properly executed. *1170 Disqualification of Defendant Sanchez-Gronlier is not warranted on this basis. Since this Court has found that Defendant Sanchez-Gronlier violated § 106.021, should Plaintiff's prayer that this Court issue an injunction directing the Secretary of State and the Supervisor of Elections for Miami-Dade County to de-certify the offender and remove Defendant Sanchez-Gronlier's name from the ballot be granted? In answering this question, the Court recognizes binding precedent holding that § 106.021 does not provide for a private right of action....
...As properly argued by Defendant Sanchez-Gronlier, §§
106.18 and
106.19 detail the removal of a candidate for violations of Chapter 106, with enforcement within the purview of the Florida Elections Commission. As a result, the requested injunctive relief is not warranted. As indicated earlier, the violation of §
106.021 was de minimis and no harm to the public's interest in fair elections resulted....
...ight be found, this Court in the past has chosen the one which enhances the elective process by providing voters with the greater choice in exercising their democratic rights. It is hereby DECLARED that Defendant Sanchez-Gronlier is in violation, of § 106.021 but that removal from the ballot is not warranted....
...[A] properly executed check drawn upon the candidate's campaign account. . . . 2. The candidate's oath . . . . 3. The loyalty oath required by §
876.05, signed by the candidate and duly acknowledged. 4. The completed form for the appointment of campaign treasurer and designation of campaign depository as required by §
106.021....
...ing that the candidate has read and understands the requirements of the Florida Code of Judicial Conduct . . . . 5. The full and public disclosure of financial interests . . . or the statement of financial interest . . . whichever is applicable. [2] 106.021, Fla....
...(2005) prescribes the manner in which a person seeking to become a qualified candidate must designate a campaign depository and treasurer prior to qualifying for office. Said section provides limitations on how and when contributions may be accepted or expended in furtherance of such sought candidacy. § 106.021(1)(a) provides in pertinent part: Each candidate for ....
...iod. These stealth candidates, knowing that they must present a check from their campaign account to qualify, will open the account in the same manner as occurred here. This Court recommends that the legislature consider amending both §
105.031 and §
106.021 to more clearly state that loans to a campaign by a potential candidate are contributions within the scope of these sections in an effort to address and prevent violations such as that which occurred here....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 2659408, 2013 U.S. App. LEXIS 11995
...f 35
• register with the state within 10 days after it is organized or, if it is organized
within ten days of an election, register immediately, id. §
106.03(1)(a);
• appoint a treasurer and establish a campaign depository, id. §
106.021(1)(a);
• deposit all funds within five business days of receipt, id....
...ey to
influence an election likely would: “put someone in charge of the money” and
24
Case: 12-14074 Date Filed: 06/14/2013 Page: 25 of 35
decide where to keep it, see Fla. Stat. § 106.021(1)(a) (requiring that Florida PACs
appoint a treasurer and open a separate bank account); avoid loss or comingling of
funds by depositing money into that account promptly, see id....
CopyCited 1 times | Published | District Court, N.D. Florida | 2010 U.S. Dist. LEXIS 119977, 2010 WL 4339374
...r spendmore than $500 in a year to influence an election, including on a ballot issue). [1] The plaintiffs assert, and the defendants seem to concede, that this in turn would require the plaintiffs to comply with all the attendant regulations. See §
106.021(1) (appoint a treasurer and establish a campaign depository); §
106.03(1)(a) (register with the Division of Elections); §
106.05 (deposit all funds within five days of receipt); §
106.06(1) (keep detailed accounts current within two day...
CopyPublished | Florida 1st District Court of Appeal
...His relief requested
on appeal is moot in light of our disposition of the case.
2
Form DS-DE 9 must be filed before a candidate may raise or spend campaign
funds, which can occur up to almost two years prior to the qualifying period for the
office sought. § 106.021(1)(a), Fla....
CopyPublished | Florida 5th District Court of Appeal
...(2024). “Filing”
as a candidate is distinct from “qualifying” as a candidate. One
may “file” as a candidate at any time prior to qualifying week and
must do so before he may accept campaign contributions and make
campaign expenditures. See § 106.021(1)(a), Fla....
...adopted by the Secretary of State.
On Monday of qualifying week, Jordan qualified to run for the
hospital board, which included his filing, inter alia, his required
DS-DE 9 form appointing his campaign treasurer and designating
his campaign depository. Section 106.021(1)(a), Florida Statutes,
which is cited on the DS-DE 9 form, requires this form be filed
before Jordan could accept any campaign contribution or make any
campaign expenditure.
Importantly, that statute also expressly provides in...
...he or she is a candidate, the candidate must notify
all contributors in writing of the intent to seek a
different office and offer to return pro rata, upon
their request, those contributions given in support
of the original office sought.
§ 106.021(1)(a), Fla....
...chang[e] the designation of the office for which he . . . is a
candidate.” See id. The DS-DE 9 form expressly provides a space
for a candidate to “change” the “office” he seeks. The language used
by the DS-DE 9 form is the same language used in section
106.021(1), the very section cited on the form....
...Rather, Baker argues that to allow Jordan to pay the
qualifying fee for property appraiser out of the campaign account
he opened for the hospital board race would be tantamount to
allowing Jordan to use an interchangeable “campaign flex
account,” which is not contemplated by the Election Code.
Section 106.021(1)(a), Florida Statutes, resolves Baker’s
argument by setting forth what is required regarding a candidate’s
campaign account when the candidate changes the office that he
seeks....
...new campaign
account. Rather, “the candidate must notify all contributors in
writing of the intent to seek a different office and offer to return
pro rata, upon their request, those contributions given in support
of the original office sought.” § 106.021(1)(a), Fla....
...candidate “may use any contribution that a donor does not request
be returned . . . for the newly designated office” up to the
contribution limits for the newly designated office. See id. Thus,
the text is clear that the race for which the account was opened is
not the focus of section 106.021(1)(a); rather, it is ensuring the
contributor’s intent is honored as it pertains to previously donated
funds for a race other than the one to which the contributor had
given.
Here, Jordan filed his original DS-DE 9 for the hospital board
race on June 10, 2024....
CopyPublished | District Court of Appeal of Florida
candidate for circuit judge was in violation of section
106.021 for accepting a campaign contribution prior
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 10788, 2006 WL 1791710
...During the course of the investigation, in August 2003, the Commission notified Jennings that it would also investigate him for having had someone other than the campaign treasurer or deputy treasurer make expenditures from the campaign account, in violation of section 106.021(3)....
...counts 3 through 26 alleged violations of section
106.19(l)(b) for failing to report contributions on the initial and first amended reports for the reporting period of February 8 through 27, 2003; *611 and counts 27 through 56 alleged violations of section
106.021(3) for signing expenditure checks when Jennings was not the campaign treasurer or deputy treasurer....
...Therefore, the Commission found that the amendment could not be applied to pending cases. The Commission concluded that counts 27 through 56 should not have been dismissed, and it reinstated them. The Commission further concluded that the evidence found by the ALJ showed that Jennings willfully violated section 106.021(3), Florida Statutes, and imposed a fine of $100 per violation....
...th the commission within 2 years after the alleged violations. The period of limitations is tolled on the day a sworn complaint is filed with the commission. It is undisputed that the private citizen’s sworn complaint did not allege a violation of section 106.021(3), and no complaint has ever been filed with the Commission alleging that Jennings violated section 106.021(3)....
