Florida Statutes

Fla. Stat. § 106.22 (2025)

Duties of the Division of Elections.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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106.22 Duties of the Division of Elections.—It is the duty of the Division of Elections to:

(1) Prescribe forms for statements and other information required to be filed by this chapter. Such forms shall be furnished by the Department of State or office of the supervisor of elections to persons required to file such statements and information with such agency.

(2) Prepare and publish manuals or brochures setting forth recommended uniform methods of bookkeeping and reporting, and including appropriate portions of the election code, for use by persons required by this chapter to file statements.

(3) Develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter.

(4) Preserve statements and other information required to be filed with the division pursuant to this chapter for a period of 10 years from date of receipt.

(5) Prepare and publish such reports as it may deem appropriate.

(6) Make, from time to time, audits and field investigations with respect to reports and statements filed under the provisions of this chapter and with respect to alleged failures to file any report or statement required under the provisions of this chapter. The division shall conduct a postelection audit of the campaign accounts of all candidates receiving contributions from the ¹Election Campaign Financing Trust Fund.

(7) Report to the Florida Elections Commission any failure to file a report or information required by this chapter or any apparent violation of this chapter.

(8) Employ such personnel or contract for such services as are necessary to adequately carry out the intent of this chapter.

(9) Prescribe rules and regulations to carry out the provisions of this chapter. Such rules shall be prescribed pursuant to chapter 120.

(10) Conduct random audits with respect to reports and statements filed under this chapter and with respect to alleged failure to file any reports and statements required under this chapter.

History.—s. 22, ch. 73-128; s. 57, ch. 77-175; s. 13, ch. 79-365; s. 4, ch. 84-254; s. 3, ch. 86-276; s. 9, ch. 90-338; s. 46, ch. 97-13; s. 7, ch. 2001-75; s. 72, ch. 2005-277; ss. 4, 6, ch. 2024-116.

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

Notes of Decisions

Cited in 6 cases, 1978–2010 · leading case: Smith v. Crawford, 645 So. 2d 513 (Fla. 1st DCA 1994).

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Smith v. Crawford, 645 So. 2d 513 (Fla. 1st DCA 1994). · cites it 2× “§§ 106.22-.23, Fla. Stat. (1993). Subsection 106.”

Diaz De La Portilla v. Fla. Elections Com'n, 857 So. 2d 913 (Fla. 3d DCA 2003). · cites it 2× “See § 106.22(2), Fla. Stat. (1999). The treasurer testified that he received the current manual and attended the training session for campaign treasurers.”

Let's Help Florida v. Smathers, 453 F. Supp. 1003 (N.D. Fla. 1978). · cites it 2× “See Fla. Stat. §§ 106.22-27 . Standing Initially, defendants challenge the standing of plaintiffs to bring this action.”

Sec'y of State v. Milligan, 704 So. 2d 152 (Fla. 1st DCA 1997). · cites it 2× “Section 106.22, Florida Statutes (1995) gives the Division authority to "[e]mploy such personnel or contract for such services as are necessary to adequately carry out the intent of this chapter.”

Worley v. Roberts, 749 F. Supp. 2d 1321 (N.D. Fla. 2010). “11 (disburse funds only by check); § 106.22(10) (submit to random audits by the Division of Elections).”

Let's Help Florida v. McCrary, 621 F.2d 195 (5th Cir. 1980). “Fla.Stat.Ann. § 106.22-106.27 (West Supp.”

— 106.22(10) — 1 case

Worley v. Roberts, 749 F. Supp. 2d 1321 (N.D. Fla. 2010). “11 (disburse funds only by check); § 106.22(10) (submit to random audits by the Division of Elections).”

— 106.22(2) — 1 case

Diaz De La Portilla v. Fla. Elections Com'n, 857 So. 2d 913 (Fla. 3d DCA 2003). “See § 106.22(2), Fla. Stat. (1999). The treasurer testified that he received the current manual and attended the training session for campaign treasurers.”

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