106.33

Election campaign financing; eligibility.

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106.33 Election campaign financing; eligibility.—Each candidate for the office of Governor or member of the Cabinet who desires to receive contributions from the ¹Election Campaign Financing Trust Fund, upon qualifying for office, shall file a request for such contributions with the filing officer on forms provided by the Division of Elections. If a candidate requesting contributions from the fund desires to have such funds distributed by electronic fund transfers, the request shall include information necessary to implement that procedure. For the purposes of ss. 106.30-106.36, the respective candidates running for Governor and Lieutenant Governor on the same ticket shall be considered as a single candidate. To be eligible to receive contributions from the fund, a candidate may not be an unopposed candidate as defined in s. 106.011 and must:

(1) Agree to abide by the expenditure limits provided in s. 106.34.

(2)(a) Raise contributions as follows:

1. One hundred fifty thousand dollars for a candidate for Governor.

2. One hundred thousand dollars for a candidate for Cabinet office.

(b) Contributions from individuals who at the time of contributing are not state residents may not be used to meet the threshold amounts in paragraph (a). For purposes of this paragraph, any person validly registered to vote in this state shall be considered a state resident.

(3) Limit loans or contributions from the candidate’s personal funds to $25,000 and contributions from national, state, and county executive committees of a political party to $250,000 in the aggregate, which loans or contributions do not qualify for meeting the threshold amounts in subsection (2).

(4) Submit to a postelection audit of the campaign account by the division.

History.—s. 1, ch. 86-276; s. 40, ch. 90-315; s. 20, ch. 91-107; s. 68, ch. 2001-40; s. 47, ch. 2005-278; s. 27, ch. 2013-37; ss. 1, 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, 1992–2017 · leading case: Scott v. Roberts

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Scott v. Roberts (2010) ca11 “047(1); be an opposed candidate, Fla. Stat. § 106.33 ; agree to abide by an expenditure limit, which for the 2010 election is ,901,170, id.”

Smith v. Crawford (1994) fladistctapp “Candidate Jim Smith, during his campaign for Governor, participated in public election campaign financing pursuant to section 106.33 of the Act. After placing a distant second in the Republican primary for Governor, Jim Smith withdrew his candidacy for Governor.”

Connor v. Division of Elections (1994) fladistctapp · cites it 4× “To be eligible for campaign financing, section 106.33, Florida Statutes (1993), requires that a candidate for governor raise 0,000 in contributions.”

STATE BY BUTTERWORTH v. Republican Party (1992) fla “[2] §§ 106.33, .34, Fla. Stat. (1991). The Republican Party of Florida and the National Rifle Association Political Victory Fund (NRA) brought separate suits alleging that the assessments impermissibly infringe on their First Amendment rights by devoting the assessed funds to…”

Thurston v. State, Florida Elections Commission (2017) fladistctapp · cites it 7× “In June 2014, Thur-ston filed with the Division a request for matching funds pursuant to section 106.33, Florida Statutes. 1 By e-mail dated August 7, 2014, Thur-ston’s representative submitted to the Division two financial reports for 2013 and two for 2014.”

Richard L. Scott v. Dawn K. Roberts (2010) ca11 “047(1); be an 11 opposed candidate, Fla. Stat. § 106.33 ; agree to abide by an expenditure limit, which for the 2010 election is ,901,170, id.”

— 106.33(2) — 1 case

Connor v. Division of Elections (1994) fladistctapp “To be eligible for campaign financing, section 106.33, Florida Statutes (1993), requires that a candidate for governor raise 0,000 in contributions.”

— 106.33(2)(a) — 1 case

Thurston v. State, Florida Elections Commission (2017) fladistctapp “In June 2014, Thur-ston filed with the Division a request for matching funds pursuant to section 106.33, Florida Statutes. 1 By e-mail dated August 7, 2014, Thur-ston’s representative submitted to the Division two financial reports for 2013 and two for 2014.”

— 106.33(2)(b) — 1 case

— 106.33(l) — 1 case

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