Florida Statute 106.088 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 106
CAMPAIGN FINANCING

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F.S. 106.088

106.088 Independent expenditures; contribution limits; restrictions on affiliated party committees.—

(1) As a condition of receiving a rebate of party assessments under s. 103.121(1)(b), the leader or treasurer of an affiliated party committee as defined in s. 103.092 shall take and subscribe to an oath or affirmation in writing. During the qualifying period for state candidates and prior to distribution of such funds, a printed copy of the oath or affirmation shall be filed with the Secretary of State and shall be substantially in the following form:

State of Florida

County of

Before me, an officer authorized to administer oaths, personally appeared (name) , to me well known, who, being sworn, says that he or she is the (title) of the (name of party) (name of chamber) affiliated party committee; that the affiliated party committee has not made, either directly or indirectly, an independent expenditure in support of or opposition to a candidate or elected public official in the prior 6 months; that the affiliated party committee will not make, either directly or indirectly, an independent expenditure in support of or opposition to a candidate or elected public official, through and including the upcoming general election; and that the affiliated party committee will not violate the contribution limits applicable to candidates under s. 106.08(2), Florida Statutes.

(Signature of committee officer)

(Address)

Sworn to and subscribed before me this day of , (year) , at County, Florida.

(Signature and title of officer administering oath)

(2)(a) Any affiliated party committee found to have violated the provisions of the oath or affirmation prior to receiving funds shall be ineligible to receive the rebate for that general election year.

(b) Any affiliated party committee found to have violated the provisions of the oath or affirmation after receiving funds shall be ineligible to receive the rebate from candidates qualifying for the following general election cycle.

(3) Any funds not distributed to the affiliated party committee pursuant to this section shall be deposited into the General Revenue Fund of the state.

History.—ss. 15, 30, ch. 2011-6; HJR 7105, 2011 Regular Session.

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Amendments to 106.088

Arrestable Offenses / Crimes under Fla. Stat. 106.088

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 106.088.

Annotations, Discussions, Cases:

Cases Citing Statute 106.088

Total Results: 4

Thomas v. Berrios

Court: District Court of Appeal of Florida | Date Filed: 1977-06-29

Citation: 348 So. 2d 905

Snippet: expertise. *909 In Modrzynski v. Lust, 55 Ohio L.Abs. 106, 88 N.E.2d 76 (Ohio App. 1949), the court held that

Department of Administration v. Horne

Court: Supreme Court of Florida | Date Filed: 1972-11-22

Citation: 269 So. 2d 659, 1972 Fla. LEXIS 3229

Snippet: taxing and spending power." (392 U.S. 83, 105-106, 88 S.Ct. 1942, 1955) Applying this rationale, the

Mutual Employees Trademart v. Silverman

Court: District Court of Appeal of Florida | Date Filed: 1967-10-03

Citation: 202 So. 2d 826, 1967 Fla. App. LEXIS 4351

Snippet: 158 (1893); Ellingsworth v. Shannon, 161 Or. 106, 88 P.2d 293 (1939) ; Platts v. Arney, 50 Wash. 2d

Manning v. Clark

Court: Supreme Court of Florida | Date Filed: 1956-09-05

Citation: 89 So. 2d 339

Snippet: 000, and verdict and judgment in the amount of $4,106.88 was entered in favor of Clark and Baker. Manning