Florida Statute 106.35 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 106
CAMPAIGN FINANCING

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F.S. 106.35

¹106.35 Distribution of funds.—

(1) The division shall review each request for contributions from the ²Election Campaign Financing Trust Fund and certify whether the candidate is eligible for such contributions. Notice of the certification decision shall be provided to the candidate. An adverse decision may be appealed to the Florida Elections Commission. The division shall adopt rules providing a procedure for such appeals.

(2)(a) Each candidate who has been certified to receive contributions from the ²Election Campaign Financing Trust Fund shall be entitled to distribution of funds as follows:

1. For qualifying matching contributions making up all or any portion of the threshold amounts specified in s. 106.33(2), distribution shall be on a two-to-one basis.

2. For all other qualifying matching contributions, distribution shall be on a one-to-one basis.

(b) Qualifying matching contributions are those of $250 or less from an individual, made after September 1 of the calendar year prior to the election. Any contribution received from an individual who is not a state resident at the time the contribution is made shall not be considered a qualifying matching contribution. For purposes of this paragraph, any person validly registered to vote in this state shall be considered a state resident. Aggregate contributions from an individual in excess of $250 will be matched only up to $250. A contribution from an individual, if made by check, must be drawn on the personal bank account of the individual making the contribution, as opposed to any form of business account, regardless of whether the business account is for a corporation, partnership, sole proprietorship, trust, or other form of business arrangement. For contributions made by check from a personal joint account, the match shall only be for the individual who actually signs the check.

(3)(a) Certification and distribution of funds shall be based on contributions to the candidate reported to the division for such purpose. The division shall review each report and verify the amount of funds to be distributed prior to authorizing the release of funds. The division may prescribe separate reporting forms for candidates for Governor and Cabinet officer.

(b) Notwithstanding the provisions of s. 106.11, a candidate who is eligible for a distribution of funds based upon qualifying matching contributions received and certified to the division on the report due on the 4th day prior to the election, may obligate funds not to exceed the amount which the campaign treasurer’s report shows the candidate is eligible to receive from the ²Election Campaign Financing Trust Fund without the funds actually being on deposit in the campaign account.

(4) Distribution of funds shall be made beginning on the 32nd day prior to the primary and every 7 days thereafter.

(5) The division shall adopt rules providing for the weekly reports and certification and distribution of funds pursuant thereto required by this section. Such rules shall, at a minimum, provide specifications for electronically transmitted campaign treasurer’s reports outlining communication parameters and protocol, data record formats, and provisions for ensuring security of data and transmission.

History.—s. 1, ch. 86-276; s. 25, ch. 89-256; s. 42, ch. 90-315; s. 22, ch. 91-107; s. 69, ch. 2001-40; s. 49, ch. 2007-30; s. 74, ch. 2011-40; ss. 1, 6, ch. 2024-116.

¹Note.—Section 6, ch. 2024-116, provides that “[t]his act shall take effect on the effective date of the amendment to the State Constitution proposed by SJR 1114 or a similar joint resolution having substantially the same specific intent and purpose if such an amendment to the State Constitution is approved by the electors at the next general election or at an earlier special election specifically authorized by law for that purpose.” If such an amendment is approved, s. 106.35 is repealed by s. 1, ch. 2024-116, effective the first Tuesday after the first Monday in January following the election, pursuant to s. 5(e), Art. XI of the State Constitution.

²Note.—The trust fund expired, effective November 4, 1996, by operation of s. 19(f), Art. III of the State Constitution.

F.S. 106.35 on Google Scholar

F.S. 106.35 on Casetext

Amendments to 106.35

Arrestable Offenses / Crimes under Fla. Stat. 106.35

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 106.35.

Annotations, Discussions, Cases:

Cases Citing Statute 106.35

Total Results: 6

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: decision shall be provided to the candidate.” § 106.35(1) (footnote omitted). The statute further provides

State v. Cotton

Court: District Court of Appeal of Florida | Date Filed: 2016-02-26

Citation: 198 So. 3d 737, 2016 Fla. App. LEXIS 2859, 2016 WL 746359

Snippet: Milwaukee, *744 Wise., Ordinance 106-35(2) (2014) (providing that “[a]ny person who loiters

Campbell v. Department of Business & Professional Regulation, Division of Real Estate

Court: District Court of Appeal of Florida | Date Filed: 2004-03-24

Citation: 868 So. 2d 1265, 2004 Fla. App. LEXIS 3747, 2004 WL 574535

Snippet: not be subject to waiver. In addition, Rule 28-106.35 of the Florida Administrative Code clearly states

Secretary of State v. Milligan

Court: District Court of Appeal of Florida | Date Filed: 1997-12-08

Citation: 704 So. 2d 152, 1997 WL 765659

Snippet: supreme court found that sections 106.32(1) and 106.35 constituted the consent of the public to expend

Connor v. Division of Elections

Court: District Court of Appeal of Florida | Date Filed: 1994-10-04

Citation: 643 So. 2d 75, 1994 Fla. App. LEXIS 9460, 1994 WL 532584

Snippet: candidate meets this eligibility requirement, section 106.35(2)(a), Florida Statutes (1993), provides that he

Republican Party of Florida v. Smith

Court: Supreme Court of Florida | Date Filed: 1994-04-28

Citation: 638 So. 2d 26, 19 Fla. L. Weekly Supp. 224, 1994 Fla. LEXIS 624, 1994 WL 149669

Snippet: 30-106.36, Fla. Stat. 5. That §§ 106.32(1) and 106.35, Fla. Stat., constitute the consent of the public