Florida Statute 106.11 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 106
CAMPAIGN FINANCING

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F.S. 106.11

106.11 Expenses of and expenditures by candidates and political committees.—Each candidate and each political committee which designates a primary campaign depository pursuant to s. 106.021(1) shall make expenditures from funds on deposit in such primary campaign depository only in the following manner, with the exception of expenditures made from petty cash funds provided by s. 106.12:

(1)(a) The campaign treasurer or deputy campaign treasurer of a candidate or political committee shall make expenditures from funds on deposit in the primary campaign depository only by means of a bank check drawn upon the campaign account of the candidate or political committee. The campaign account shall be separate from any personal or other account and shall be used only for the purpose of depositing contributions and making expenditures for the candidate or political committee.

(b) The checks for such account shall contain, as a minimum, the following information:

1. The name of the campaign account of the candidate or political committee.

2. The account number and the name of the bank.

3. The exact amount of the expenditure.

4. The signature of the campaign treasurer or deputy treasurer.

5. The exact purpose for which the expenditure is authorized.

6. The name of the payee.

(2)(a) For purposes of this section, debit cards are considered bank checks, if:

1. Debit cards are obtained from the same bank that has been designated as the candidate’s or political committee’s primary campaign depository.

2. Debit cards are issued in the name of the treasurer, deputy treasurer, or authorized user and contain the name of the campaign account of the candidate or political committee.

3. No more than three debit cards are requested and issued.

4. The person using the debit card does not receive cash as part of, or independent of, any transaction for goods or services.

5. All receipts for debit card transactions contain:

a. The last four digits of the debit card number.

b. The exact amount of the expenditure.

c. The name of the payee.

d. The signature of the campaign treasurer, deputy treasurer, or authorized user.

e. The exact purpose for which the expenditure is authorized.

Any information required by this subparagraph but not included on the debit card transaction receipt may be handwritten on, or attached to, the receipt by the authorized user before submission to the treasurer.

(b) Debit cards are not subject to the requirements of paragraph (1)(b).

(3) The campaign treasurer, deputy treasurer, or authorized user who signs the check shall be responsible for the completeness and accuracy of the information on such check and for insuring that such expenditure is an authorized expenditure.

(4) No candidate, campaign manager, treasurer, deputy treasurer, or political committee or any officer or agent thereof, or any person acting on behalf of any of the foregoing, shall authorize any expenses, nor shall any campaign treasurer or deputy treasurer sign a check drawn on the primary campaign account for any purpose, unless there are sufficient funds on deposit in the primary depository account of the candidate or political committee to pay the full amount of the authorized expense, to honor all other checks drawn on such account, which checks are outstanding, and to meet all expenses previously authorized but not yet paid. However, an expense may be incurred for the purchase of goods or services if there are sufficient funds on deposit in the primary depository account to pay the full amount of the incurred expense, to honor all checks drawn on such account, which checks are outstanding, and to meet all other expenses previously authorized but not yet paid, provided that payment for such goods or services is made upon final delivery and acceptance of the goods or services; and an expenditure from petty cash pursuant to the provisions of s. 106.12 may be authorized, if there is a sufficient amount of money in the petty cash fund to pay for such expenditure. Payment for credit card purchases shall be made pursuant to s. 106.125. Any expense incurred or authorized in excess of such funds on deposit shall, in addition to other penalties provided by law, constitute a violation of this chapter. As used in this subsection, the term “sufficient funds on deposit in the primary depository account of the candidate or political committee” means that the funds at issue have been delivered for deposit to the financial institution at which such account is maintained. The term shall not be construed to mean that such funds are available for withdrawal in accordance with the deposit rules or the funds availability policies of such financial institution.

(5) A candidate who withdraws his or her candidacy, becomes an unopposed candidate, or is eliminated as a candidate or elected to office may expend funds from the campaign account to:

(a) Purchase “thank you” advertising for up to 75 days after he or she withdraws, becomes unopposed, or is eliminated or elected.

(b) Pay for items which were obligated before he or she withdrew, became unopposed, or was eliminated or elected.

(d) Dispose of surplus funds as provided in s. 106.141.

(6) A candidate who makes a loan to his or her campaign and reports the loan as required by s. 106.07 may be reimbursed for the loan at any time the campaign account has sufficient funds to repay the loan and satisfy its other obligations.

History.—s. 11, ch. 73-128; s. 8, ch. 74-200; s. 48, ch. 77-175; s. 2, ch. 78-403; s. 10, ch. 79-365; s. 8, ch. 85-226; s. 13, ch. 89-256; s. 14, ch. 91-107; s. 643, ch. 95-147; s. 25, ch. 2002-17; s. 4, ch. 2002-197; s. 64, ch. 2011-40; s. 14, ch. 2013-37.

F.S. 106.11 on Google Scholar

F.S. 106.11 on Casetext

Amendments to 106.11

Arrestable Offenses / Crimes under Fla. Stat. 106.11

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

S106.11 - EMBEZZLE - IMPROPER EXPENDITURE OF CAMPAIGN FUNDS - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 106.11

Total Results: 20

SIDNEY F. DINERSTEIN v. SUSAN BUCHER, SUPV. OF ELECTIONS

Court: District Court of Appeal of Florida | Date Filed: 2020-01-15

Snippet: “political advertisement” as defined in section 106.011(15), Florida Statutes (2009). Specifically, the

WPB RESIDENTS FOR INTEGRITY IN GOVERNMENT, INC. v. SHARON "SHANON" MATERIO

Court: District Court of Appeal of Florida | Date Filed: 2019-10-30

Snippet: the candidate would represent if elected. § 106.011(8)(a), Fla. Stat. (2018). The mailer implied

Thurston v. State, Florida Elections Commission

Court: District Court of Appeal of Florida | Date Filed: 2017-02-15

Citation: 210 So. 3d 684, 2017 WL 625791, 2017 Fla. App. LEXIS 2059

Snippet: not be “an unopposed candidate as defined in s. 106.011.” § 106.33. A candidate for Cabinet office must

Department of Children & Families v. Carmona

Court: District Court of Appeal of Florida | Date Filed: 2015-01-30

Citation: 159 So. 3d 165, 2015 Fla. App. LEXIS 1198, 2015 WL 403987

Snippet: due to a mental illness as defined in section 916.106(11), Florida Statutes (2013). In that same order,

Concerned Citizens For Judicial Fairness, Inc. v. Philip J. Yacucci

Court: District Court of Appeal of Florida | Date Filed: 2014-09-03

Citation: 162 So. 3d 68, 2014 Fla. App. LEXIS 13670

Snippet: and MAY, JJ., concur. 1 . Section 106.011(9), Florida Statutes (2014), defines an " [electioneering

State v. Flansbaum-Talabisco

Court: District Court of Appeal of Florida | Date Filed: 2013-07-24

Citation: 121 So. 3d 568, 2013 Fla. App. LEXIS 11602, 2013 WL 3811759

Snippet: concurs specially with an opinion. . Section 106.011(19), Florida Statutes (2012), defined an ECO as:

Inquiry Concerning a Judge, No. 09-01 re Turner

Court: Supreme Court of Florida | Date Filed: 2011-11-18

Citation: 76 So. 3d 898, 36 Fla. L. Weekly Supp. 655, 2011 Fla. LEXIS 2754

Snippet: included in the definition of “contribution.” § 106.011(3)(a), Fla. Stat. (2008). Moreover, any contribution

Legg v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-08-06

Citation: 15 So. 3d 918, 2009 Fla. App. LEXIS 10957, 2009 WL 2392973

Snippet: under the Florida Guardianship Law. Section 916.106(11), Florida Statutes (2008), determines competency

Guetzloe v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-03-28

Citation: 980 So. 2d 1145, 2008 WL 817106

Snippet: restriction of anonymous political speech. Section 106.011(18)(a) defines "electioneering communication" as

Larkin v. Buranosky

Court: District Court of Appeal of Florida | Date Filed: 2008-02-20

Citation: 973 So. 2d 1286, 2008 WL 441626

Snippet: purpose of making electioneering communications. § 106.011(19), Fla. Stat. ECOs are not considered political

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-09-24

Snippet: committee of continuous existence, as defined in s. 106.011, or from a lobbyist who lobbies the reporting individual's

Beardslee v. FLORIDA ELECTIONS COM'N

Court: District Court of Appeal of Florida | Date Filed: 2007-08-10

Citation: 962 So. 2d 390, 2007 Fla. App. LEXIS 12345, 2007 WL 2274431

Snippet: DCA 2006). As to the first issue, subsections 106.011(3) and (5)(a), Florida Statutes (2004), define

Jennings v. Florida Elections Commission

Court: District Court of Appeal of Florida | Date Filed: 2006-06-30

Citation: 932 So. 2d 609, 2006 Fla. App. LEXIS 10788, 2006 WL 1791710

Snippet: investigating him for violations of sections 106.07(5), 106.11(4), 106.19(l)(b), and 106.19(l)(d), Florida Statutes

Guetzloe v. FLORIDA ELECTIONS COM'N

Court: District Court of Appeal of Florida | Date Filed: 2006-03-10

Citation: 927 So. 2d 942, 2006 Fla. App. LEXIS 3474, 2006 WL 565918

Snippet: violation of section 106.19(1)(c). [4] Section 106.011(8), which contains definitions for terms used in

Shin v. Florida Elections Commission

Court: District Court of Appeal of Florida | Date Filed: 2006-02-22

Citation: 924 So. 2d 72, 2006 Fla. App. LEXIS 2235, 2006 WL 399259

Snippet: candidate became unopposed.” However, section 106.011(15), Florida Statutes, defines “unopposed candidate”

Inquiry Concerning a Judge No. 03-119, re Gooding

Court: Supreme Court of Florida | Date Filed: 2005-06-16

Citation: 905 So. 2d 121, 30 Fla. L. Weekly Supp. 457, 2005 Fla. LEXIS 1295

Snippet: passed. This conduct violated Florida Statutes §§ 106.11 and 106.08 and Canons 1, 2, 6 B and 7. Both the

In Re Gooding

Court: Supreme Court of Florida | Date Filed: 2005-06-16

Citation: 905 So. 2d 121, 2005 WL 1412960

Snippet: passed. This conduct violated Florida Statutes §§ 106.11 and 106.08 and Canons 1, 2, 6 B and 7. Both the

Palm Beach County Sheriff v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-09-17

Citation: 854 So. 2d 278, 2003 Fla. App. LEXIS 13989, 2003 WL 22136052

Snippet: (2001), or mental illness pursuant to sections 916.106(11) and 916.12, Florida Statutes (2001). The trial

Diaz De La Portilla v. FLA. ELECTIONS COM'N

Court: District Court of Appeal of Florida | Date Filed: 2003-09-10

Citation: 857 So. 2d 913, 2003 WL 22082173

Snippet: definition of "contribution" includes a loan. See § 106.011(3)(a), Fla. Stat. (1999). The stipulation established

Ago

Court: Florida Attorney General Reports | Date Filed: 2003-05-06

Snippet: "Testimonial" was generally defined in section 106.011(11), Florida Statutes (1978 Supplement), to mean