Florida Statute 106.11 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 106
CAMPAIGN FINANCING

View Entire Chapter

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

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Amendments to 106.11

Annotations, Discussions, Cases:

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

Cases Citing Statute 106.11

Total Results: 38

Scott v. Roberts

612 F.3d 1279, 2010 U.S. App. LEXIS 15897, 2010 WL 2977614

Court of Appeals for the Eleventh Circuit | Filed: Jul 30, 2010 | Docket: 891689

Cited 53 times | Published

individuals having collective capacity." Id. § 106.011(8). For the purpose of contribution limits, the

Doe v. Mortham

708 So. 2d 929, 1998 WL 120280

Supreme Court of Florida | Filed: Mar 19, 1998 | Docket: 541908

Cited 28 times | Published

candidate, elected public official, or issue. § 106.011(17), Fla. Stat. (1995). Section 106.144 requires

Florida Right to Life v. Lawson Lamar

273 F.3d 1318, 2001 U.S. App. LEXIS 25319, 2001 WL 1509579

Court of Appeals for the Eleventh Circuit | Filed: Nov 28, 2001 | Docket: 397106

Cited 21 times | Published

definition of that term contained in § 106.011(3)(a). Section 106.011(3)(a) defines “contributions” as gifts

Ferre v. State Ex Rel. Reno

478 So. 2d 1077, 10 Fla. L. Weekly 1955

District Court of Appeal of Florida | Filed: Aug 13, 1985 | Docket: 2448643

Cited 14 times | Published

turn now to Ferre's contention that since Section 106.011(3)(a), Florida Statutes (1981), defines "contribution"

Sadowski v. Shevin

345 So. 2d 330, 2 Media L. Rep. (BNA) 1822

Supreme Court of Florida | Filed: Mar 10, 1977 | Docket: 1477620

Cited 14 times | Published

SUNDBERG and HATCHETT, JJ., concur. NOTES [1] Section 106.011(1)(b), Florida Statutes. [2] Section 99.061(1)

Breakstone v. MacKenzie

561 So. 2d 1164, 1989 WL 137619

District Court of Appeal of Florida | Filed: Sep 14, 1989 | Docket: 381352

Cited 11 times | Published

(1987), and the contribution disclosure law, section 106.11, Florida Statutes (1987). The en banc court

Richman v. Shevin

354 So. 2d 1200

Supreme Court of Florida | Filed: Dec 22, 1977 | Docket: 1279241

Cited 7 times | Published

"political committee" within the definition of Section 106.011(2), Florida Statutes (1975), and as utilized

State v. Zimmerman

370 So. 2d 1179

District Court of Appeal of Florida | Filed: Mar 14, 1979 | Docket: 1386820

Cited 5 times | Published

or authorizes any expenditure in violation of § 106.11(3), or any other expenditure prohibited by this

Falzone v. State

500 So. 2d 1337, 12 Fla. L. Weekly 31

Supreme Court of Florida | Filed: Jan 5, 1987 | Docket: 1295512

Cited 4 times | Published

definition of political committee found in section 106.011, Florida Statutes (1983). The definition of

National Organization for Marriage v. Roberts

753 F. Supp. 2d 1217

District Court, N.D. Florida | Filed: Nov 8, 2010 | Docket: 1123368

Cited 3 times | Published

communication that is regulated under Florida law. § 106.011(18)(a), Fla. Stat. The fact that "it may be difficult

Larkin v. Buranosky

973 So. 2d 1286, 2008 WL 441626

District Court of Appeal of Florida | Filed: Feb 20, 2008 | Docket: 1421816

Cited 3 times | Published

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

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

857 So. 2d 913, 2003 WL 22082173

District Court of Appeal of Florida | Filed: Sep 10, 2003 | Docket: 1774218

Cited 3 times | Published

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

Let's Help Florida v. Smathers

453 F. Supp. 1003, 1978 U.S. Dist. LEXIS 17662

District Court, N.D. Florida | Filed: May 18, 1978 | Docket: 973252

Cited 3 times | Published

aggregate amount in excess of $100. Fla.Stat. § 106.011(1). Each political committee is required to file

Andrew Nathan Worley v. Florida Secretary of State

717 F.3d 1238, 2013 WL 2659408, 2013 U.S. App. LEXIS 11995

Court of Appeals for the Eleventh Circuit | Filed: Jun 14, 2013 | Docket: 659928

Cited 2 times | Published

of the ad. See generally Fla. Stat. § 106.011 et seq. (2012) (the Florida Campaign

Guetzloe v. State

980 So. 2d 1145, 2008 WL 817106

District Court of Appeal of Florida | Filed: Mar 28, 2008 | Docket: 1418356

Cited 2 times | Published

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

Guetzloe v. FLORIDA ELECTIONS COM'N

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

District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 1765210

Cited 2 times | Published

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

State v. Greco

479 So. 2d 786, 10 Fla. L. Weekly 2554

District Court of Appeal of Florida | Filed: Nov 15, 1985 | Docket: 463677

Cited 2 times | Published

exceptions not pertinent to our decision, section 106.011 defines political committee as: (1) "Political

Worley v. Roberts

749 F. Supp. 2d 1321, 2010 U.S. Dist. LEXIS 119977, 2010 WL 4339374

District Court, N.D. Florida | Filed: Oct 26, 2010 | Docket: 2344161

Cited 1 times | Published

"political committee" under Florida law. See § 106.011(1)(a), Fla. Stat. (defining a "political committee"

In Re Gooding

905 So. 2d 121, 2005 WL 1412960

Supreme Court of Florida | Filed: Jun 16, 2005 | Docket: 1711874

Cited 1 times | Published

funds to cover those expenses in violation of § 106.11, Florida Statutes, in violation of Canons 1, 2

Pasquale v. Florida Elections Com'n

759 So. 2d 23, 2000 Fla. App. LEXIS 3444, 2000 WL 294820

District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 1421421

Cited 1 times | Published

reported under section 106.19(1)(b) is defined in section 106.011(3) as: A gift, subscription, conveyance, deposit

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

District Court of Appeal of Florida | Filed: Jan 15, 2020 | Docket: 16695553

Published

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

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

District Court of Appeal of Florida | Filed: Oct 30, 2019 | Docket: 16400363

Published

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

Thurston v. State, Florida Elections Commission

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

District Court of Appeal of Florida | Filed: Feb 15, 2017 | Docket: 60261824

Published

subscribes to a candidate’s oath as required by law. § 106.011(3), Fla. Stat. “Unopposed candidate” is defined

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

162 So. 3d 68, 2014 Fla. App. LEXIS 13670, 2014 WL 4327916

District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1151138

Published

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

State v. Flansbaum-Talabisco

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

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60234449

Published

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

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

76 So. 3d 898, 36 Fla. L. Weekly Supp. 655, 2011 Fla. LEXIS 2754, 2011 WL 5600074

Supreme Court of Florida | Filed: Nov 18, 2011 | Docket: 60304599

Published

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

National Organization for Marriage, Inc. v. Roberts

753 F. Supp. 2d 1217, 2010 U.S. Dist. LEXIS 123955

District Court, N.D. Florida | Filed: Nov 8, 2010 | Docket: 65972935

Published

communication that is regulated under Florida law. § 106.011(18)(a), Fla. Stat. The fact that “it may be difficult

Richard L. Scott v. Dawn K. Roberts

Court of Appeals for the Eleventh Circuit | Filed: Jul 30, 2010 | Docket: 2907033

Published

individuals having collective capacity.” Id. § 106.011(8). For the purpose of contribution limits, the

Shin v. Florida Elections Commission

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

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 64843106

Published

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

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

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

Supreme Court of Florida | Filed: Jun 16, 2005 | Docket: 64839368

Published

funds to cover those expenses in violation of § 106.11, Florida Statutes, in violation of Canons 1, 2

Ago

Florida Attorney General Reports | Filed: May 6, 2003 | Docket: 3257119

Published

officials.8 "Testimonial" was generally defined in section 106.011(11), Florida Statutes (1978 Supplement), to

Florida Right to Life v. Robert Butterworth

238 F.3d 1288, 2001 U.S. App. LEXIS 613, 2001 WL 40216

Court of Appeals for the Eleventh Circuit | Filed: Jan 17, 2001 | Docket: 2400041

Published

enjoining the enforcement of Florida Statutes Section 106.011(1), which governs the financing of electoral

Florida Right to Life v. Robert Butterworth

238 F.3d 1288

Court of Appeals for the Eleventh Circuit | Filed: Jan 17, 2001 | Docket: 202126

Published

enjoining the enforcement of Florida Statutes Section 106.011(1), which governs the financing of electoral

Ago

Florida Attorney General Reports | Filed: Sep 25, 1980 | Docket: 3255235

Published

cert. denied, 135 So.2d 743 (Fla. 1961). Section 106.011 states that the definitions contained therein

Ago

Florida Attorney General Reports | Filed: Apr 17, 1980 | Docket: 3257273

Published

which is filled by vote of the electors.' Section 106.011(10), F. S. See also s. 97.021(21), F. S., which

Ago

Florida Attorney General Reports | Filed: Mar 9, 1978 | Docket: 3258584

Published

answered in the affirmative. AS TO QUESTION 2: Section 106.011(1), F. S. 1977, defines the term `political

Ago

Florida Attorney General Reports | Filed: Aug 5, 1974 | Docket: 3258185

Published

political committee within the purview of Ch. 106. Section 106.011(2) defines political committee to mean a combination

Ago

Florida Attorney General Reports | Filed: Apr 10, 1974 | Docket: 3256346

Published

answered in the negative. AS TO QUESTION 3: Section 106.011(2), supra, states, in pertinent part, that