Florida/Georgia Personal Injury & Workers Compensation

...The Florida Laws Regarding the Financing of Election Campaigns Florida laws regulate campaign financing for all candidates, political committees, committees of continuous existence, electioneering communication organizations, and political parties. Id. §§ 106.011–106.36....

...The statute defines a “person” as “an individual or a corporation, association, firm, partnership, joint venture, joint stock company, club, organization, estate, trust, business trust, syndicate, or other combination of individuals having collective capacity.” Id. § 106.011(8)....

...§§ 106.07, 106.075. 9  Florida law does not consider “an expenditure made for, or in furtherance of, an electioneering communication . . . a contribution to or on behalf of any candidate.” Id. § 106.011(18)(c)....

...An electioneering communication is defined as any communication that is publically distributed by television, radio, satellite, newspaper, magazine, direct mail, or telephone, and that “clearly identifie[s] [a] candidate for office without expressly advocating the election or defeat of a candidate.” Id. § 106.011(18)(a)....

...The Secretary represented to the district court that a participating candidate, like a nonparticipating candidate, remains free to coordinate electioneering expenditures with section 527 organizations, and these expenditures do not count toward the participating candidate’s expenditure limit. See id. § 106.011(18)(c). After the Division of Elections for the State of Florida certifies a candidate as eligible to participate in the system, the candidate is entitled to receive matching funds for certain qualifying contributions....

...group sponsoring the advertisement and who paid for the advertisement. As defined in chapter 106, a political advertisement is a paid expression in any communications media which supports or opposes any candidate, elected public official, or issue. § 106.011(17), Fla....

...construction). [14] As noted above, section 106.143(1) applies to "[a]ny political advertisement and campaign literature published, displayed or circulated prior to, or on the day of, any election." The phrase "political advertisement" is defined in section 106.011: (17) "Political advertisement" means a paid expression in any communications media prescribed in subsection (13), whether radio, television, newspaper, magazine, periodical, campaign literature, direct mail, or display or by means ot...

...al 2 Florida does not dispute that FRL is an organization established primarily for the public good under § 106.08(5). 3 One of the provisions upon which the district court granted summary judgment in FRL’s favor was § 106.011(1), which provides the definition of “political committee” under Florida campaign finance law....

...This principle has no bearing on the present case, however, because no Florida court has narrowed the scope of §106.08(5). 12 “contribution” in § 106.08(5) is subject to the definition of that term contained in § 106.011(3)(a). Section 106.011(3)(a) defines “contributions” as gifts and other distributions “made for the purpose of influencing the results of an election.”9 Having determined that § 106.08(5) can be read in pari materia with § 106.011(3)(a), the district court had held in its prior order that the provision “is readily susceptible to a narrowing construction that limits its reach to a contribution made in exchange for political support.” R5-138-19....

...ion was constitutional. In contrast, we conclude that the plain language of § 106.08(5) will not bear the district court’s narrowing construction.10 Because the district court relied on the definition of “contribution” contained in § 106.011(3)(a) to conclude that § 106.08(5) was susceptible to a narrowing construction, we must address the applicability of the former to the latter provision. Section 106.011(3)(a) limits the meaning of “contribution” to gifts made in order to influence election results, but § 106.011 also states that the definitions provided 9 Section 106.011(3)(a) states in full that a contribution is “[a] gift, subscription, conveyance, deposit, loan, payment, or distribution of money or anything of value, including contributions in kind having an attributable monetary value in any for...

...has argued. 13 therein apply to Chapter 106 “unless the context clearly indicates otherwise.”11 We decide that context clearly does indicate that the definition of “contribution” provided in § 106.011(3)(a) cannot be applied to the use of that term in § 106.08(5) without effectively rewriting the latter provision. We turn first to the interpretive canon of expressio unius est exclusio alterius under which “the expression of...

...2000). Under this canon, the three exceptions expressed in § 106.08(5) for certain “gifts of money” and “donations” made by candidates imply the exclusion of other possible types of donations from that list of exceptions. Yet, if the definition of “contribution” contained in § 106.011(3)(a) applies to § 106.08(5), the latter provision necessarily would contain a blanket exception for all donations that are made for altruistic purposes rather than for the purpose of influencing election results....

...the exclusion of all other possible exceptions. It is also telling that the Florida legislature chose the terms “gifts of money” 11 Florida courts have refused to apply the definition of “contribution” contained in § 106.011 to other campaign finance provisions when context militates against it....

...Otherwise the three exceptions listed in §106.08(5) thus would be entirely superfluous, and we look askance at interpretations that render statutory language devoid of purpose and effect. In re Griffith, 206 F.3d 1389, 1393 (11th Cir. 2000). Conversely, if we read the § 106.011(3)(a) definition of “contribution” in pari materia with § 106.08(5) but interpret the three exceptions of § 106.08(5) so as not to render them superfluous, we end up with a worse result still....

...such a purpose just because, for example, the candidate made the donation to an organization in which he is a member. We refuse to interpret § 106.08(5) in this manner when we can avoid this absurd result by concluding that the definition of “contribution” contained in § 106.011(3)(a) does not apply....

...1995) (noting that a statute should be construed in a manner that avoids an absurd result). For the foregoing reasons, we conclude that the meaning of “contribution” in § 106.08(5) cannot be narrowly construed as limited to the definition of that term found in § 106.011(3)(a).12 To do so would “rewrite the clear terms” of § 106.08(5)....

...96-122. 16 (2d ed. 1987) (defining “contribute” as “to give . . . to a common supply, fund, etc., as for charitable purposes”). Because the district court premised its interpretation on the definition of “contribution” found in § 106.011(3)(a), we conclude that the court erred in finding that § 106.08(5) was susceptible to a narrowing construction. 3. Florida’s Construction of § 106.08(5) Building off of the district court’s narrowing construction, Florida argues that § 106.08(5) should be read in view of the entire state campaign finance regime, including §§ 106.011(3)(a), 106.021(1)(b),13 and 106.11(1).14 Based on these provisions, Florida contends that § 106.08(5) should be narrowly construed as only prohibiting a candidate from using funds from his campaign account for personal donation to an organization....

...Certain types of donations from personal or business funds thus remain within the scope of § 106.08(5). In turn, this shows that Florida’s construction of the provision as only precluding personal donations made from campaign funds is under-inclusive. Moreover, Florida premises its argument in part on § 106.011(3)(a), which, as we have discussed, defines “contributions” as gifts or other transfers made for the purpose of influencing the results of an election....

...organization, it should be read as precluding a candidate only from using campaign account funds to make personal donations. 18  We reject this line of argument. As we have explained, the definition of “contribution” in § 106.011(3)(a) does not apply to § 106.08(5). Florida’s argument is premised in part on the applicability of § 106.011(3)(a), so its argument becomes unhinged when that provision is deemed inapplicable with regard to § 106.08(5). Moreover, even if the definition of “contribution” under § 106.011(3)(a) were applicable to § 106.08(5), Florida’s argument–arrived at through a synthesis of several statutory provisions–still would be unpersuasive. If “contribution” in § 106.08(5) referred to candidate donations made in order to influence election results, as it must if § 106.011(3)(a) were held to apply, it would be irrelevant whether such donations came from personal or campaign account funds. The relevant consideration would be the purpose or motive behind the donation, not the particular account from which the funds were drawn. It follows that even if § 106.011(3)(a) did apply, § 106.08(5) still would proscribe candidate donations beyond Florida’s proffered definition, which focuses too narrowly on the type of account used by the candidate in making her donation. For these reasons, w...

...Therefore, the decision of the District Court of Appeal, Third District, is reversed, and the cause is remanded for further proceedings consistent herewith. It is so ordered. OVERTON, C.J., and BOYD, ENGLAND, SUNDBERG and HATCHETT, JJ., concur. NOTES [1] Section 106.011(1)(b), Florida Statutes....

...His argument here, however, is limited to the singular proposition that the goal of preventing corruption and the appearance of corruption can be achieved by less intrusive means. The argument ignores the other compelling governmental interest which justifies the statute. We turn now to Ferre's contention that since Section 106.011(3)(a), Florida Statutes (1981), defines "contribution" as "[a] gift, subscription, conveyance, deposit, loan, payment, or distribution of money or anything of value ... made for the purpose of influencing an election," money given after an election cannot constitute a contribution, as it cannot be given for the purpose of influencing an election that has already been held. We find no merit in this contention. Section 106.011, Florida Statutes, expressly provides that the terms it defines shall have the meanings set forth, "unless the context clearly indicates otherwise." The context in which the challenged statutes use the term "contribution" clearly indicates that the term includes post-election contributions. Sections 106.141 and 106.08 deal specifically with contributions received after an election. If the definition of "contribution" found in Section 106.011(3)(a) were used, Sections 106.141 and 106.08 would be nullities, since a contribution, according to *1082 the definition contained in Section 106.011(3)(a) could not be made after an election....

...iculous conclusion or a result obviously not designed by the Legislature will not be adopted."). Therefore, because the context in which the term contribution is used in Sections 106.141 and 106.08 requires a different meaning than that set forth in Section 106.011(3)(a), a contribution need not be made for the purpose of influencing an election in order for a violation of Sections 106.141 or 106.08 to be found....

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

...Gen., and Stephen Marc Slepin of Slepin & Schwartz, Tallahassee, for appellees. KARL, Justice. This cause is before us on direct appeal to review the final judgment of the Circuit Court in and for Leon County upholding the constitutionality of certain portions of the election law, Sections 106.011(2) and 106.08(1), Florida Statutes (1975), as they apply to the Dade County Judicial Trust Fund, thereby vesting jurisdiction in this Court pursuant to Article V, Section 3(b)(1), Florida Constitution. Snedeker v. Vernmar, Ltd., 151 So.2d 439 (Fla. 1963). The primary question presented for review in this cause is whether the Dade County Judicial Trust Fund is a "political committee" within the definition of Section 106.011(2), Florida Statutes (1975), and as utilized in Section 106.08, Florida Statutes (1975), and if so, whether Section 106.011(2) is unconstitutionally overbroad....

...consequent loss of his rights of free speech. *1203 The trial judge entered an order May 3, 1977, determining that the essential issues posed are whether the trust fund is comprehended within the definition of "political committee" as delineated by Section 106.011, Florida Statutes (1975), and, if so, whether said section is unconstitutionally overbroad. As to the question of legitimacy of the state's Election Commission, the court declined to answer it on the basis that this issue was moot. The trial court concluded that the Dade County Trust Fund is a political committee defined by Section 106.011, Florida Statutes (1975), and is subject to the limitations on campaign contributions imposed by Section 106.08, Florida Statutes (1975)....

...al Trust Fund is not well taken and the Court finds that the challenged statutes are constitutional as applied to the Judicial Trust Fund... ." We agree entirely with the holding and rationale of the final judgment of the trial court in this matter. Section 106.011(2), Florida Statutes (1975), provides in pertinent part: "`Political committee' means a combination of two or more individuals, or a person other than an individual, the primary or incidental purpose of which is to support or oppose a...

...ve capacity," [2] accepts contributions or makes expenditures during a calendar year in an aggregate amount in excess of $500 and has as its primary or incidental purpose to support candidates. Emphasizing the use of the term "incidental purpose" in Section 106.011(2), Florida Statutes (1975), appellee submits, and we agree, that by making distribution to candidates, i.e., contributions, pursuant to the terms of the trust agreement, the trust fund effectually supports candidates for judicial off...

...Monies paid to candidates from the fund are treated as campaign contributions and are reported accordingly. The trial court correctly determined that the inclusion of the Dade County Trust Fund within the definition of "political committee" did not render Section 106.011(2), Florida Statutes (1975), unconstitutionally overbroad....

...ds of the policy and wisdom of such act, no matter how unwise or unpolitic they might be, so long as there is no plain violation of the Constitution. [Cases cited.]" See also In re Apportionment Law, SJR 1305, 263 So.2d 797 (Fla. 1972). We find that Section 106.011(2), Florida Statutes (1975), and Section 106.08, Florida Statutes (1975), are not unconstitutionally overbroad as applied to the Dade County Trust Fund because the Legislature did not exempt organizations who set up their own procedures for policing themselves. The Legislature, in promulgating Section 106.011(2) and Section 106.08, regulating campaign contributions, determined that individuals in a collective capacity should only be permitted to have a limited amount of political clout....

...t being justiciable under the facts of this cause. We, therefore, cannot resolve the question of the constitutionality of the composition of the Elections Commission in the present cause. Accordingly, for the foregoing reasons, we find that Sections 106.011(2) and 106.08, Florida Statutes (1975), are not unconstitutional as applied to the Dade County Judicial Trust Fund and affirm the judgment of the trial court....

...he entire amount of funds allocated to his division. As to each division in which there is more than one Fund Qualified candidate, the funds for that division shall be distributed pro-rata to all such Fund Qualified candidates in that division." [2] § 106.011(7), Fla. Stat. (1975), defines person as utilized in § 106.011(2), Fla....

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

...Specifically, Falzone asserts that section 106.03 is unconstitutional because the requirement that political committees file a statement of organization is impermissibly vague and overbroad in light of the definition of political committee found in section 106.011, Florida Statutes (1983). The definition of political committee applicable to section 106.03 is set forth in section 106.011: (1) "Political committee" means a combination of two or more individuals, or a person other than an individual, the primary or incidental purpose of which is to support or oppose any candidate, issue, or political party, which accept...

...Similarly, if the primary purpose of two persons acting in concert is not political, but one of them has an incidental purpose, would the persons constitute a political committee? We find that the scope of "political committee" applied in section 106.03 is narrowly drawn so as to avoid substantial overbreadth problems. Section 106.011(1) speaks in terms of groups organized to support or oppose any candidate, issue, political party or constitutional amendment *1340 by initiative. In addition, "issue" is narrowly defined in section 106.011(7) to include only propositions required by state and local law and issue referenda. Clearly, a "political committee" as defined in section 106.011(1), and required to file a statement of organization pursuant to section 106.03, is limited to those groups who support or oppose a ballot item or political party. In Richman v. Shevin, 354 So.2d 1200 (Fla. 1977), cert. denied, 439 U.S. 953, 99 S.Ct. 348, 58 L.Ed.2d 343 (1978), this Court upheld, against overbreadth attack, the application of the section 106.011 definition of political committee to a trust fund established by a county bar association for the purpose of receiving and distributing contributions from members of the bar to judicial candidates. Emphasizing the term "incidental purpose" in section 106.011(2), Florida Statutes (1975) (subsequently renumbered § 106.011(1)), the Court agreed that by making distributions to candidates, the trust fund effectually supports candidates for judicial office. Id. at 1204. Hence, the inclusion of the trust fund within the definition of "political committee" did not render section 106.011(2) unconstitutionally overbroad. Similarly, the inclusion of groups whose "incidental purpose" in organizing and expending money is to support a ballot item or political party, does not render 106.011(1) vague or overbroad on its face....

...Falzone next argues that section 106.03 is unconstitutionally vague because of inconsistencies between section 106.03, which requires a political committee to file a statement of organization whenever it "anticipates" receiving contributions and making expenditures, and the definition of political committee set forth in section 106.011(1), whereby a committee comes into existence only after it has made contributions or expenditures. We adopt the district court's construction that section 106.03 applies to those who anticipate obtaining contributions or making expenditures in excess of $500 in a calendar year and who are otherwise defined in section 106.011(1), even though such contributions have not yet been made....

...The Commission took the position that by its literal words, the stipulation admitted a violation of both statutes. The Commission erred in overturning the analysis of the administrative law judge. The statutory definition of "contribution" includes a loan. See § 106.011(3)(a), Fla....

...The treasurer's reports reflected what was in the treasurer's (incomplete) records. Comparing the treasurer's reports against the treasurer's records would be futile in a situation in which the records are incomplete. [5] Under chapter 106, a contribution includes a loan to the campaign. § 106.011(3)(a), Fla....

...If the Court finds that the movant has failed on any one of the requisites, the preliminary injunction must be denied. United States v. Jefferson County, 720 F.2d 1511, 1519 (11th Cir.1983). *1219 Challenged Laws NOM is challenging the constitutionality for three Florida statutes: sections 106.011(19), 106.011(18)(a), and 106.03(1)(b)....

...at 889-90, 895. Under its plain terms, a communication must be "susceptible of no reasonable interpretation other than an appeal to vote for or against a specific candidate" to qualify as an electioneering communication that is regulated under Florida law. § 106.011(18)(a), Fla....

...individual, the primary or incidental purpose of which is to support or oppose any candidate, issue, or political party and which accepts contributions or makes expenditures during a calendar year in an aggregate amount in excess of $100. Fla.Stat. § 106.011(1)....

...or defeat of a candidate or the approval or rejection of an issue, which expenditure is not controlled by, coordinated with, or made upon consultation with, any candidate, *1009 political committee, or agent of such candidate or committee. Fla.Stat. § 106.011(5)....

...Shevin, 354 So.2d 1200 (Fla.1978). The facts and opinion of the court belie this position. In Richman the appellant was challenging the inclusion of the Dade County Judicial Trust Fund within the definition of a "political committee" as used in Fla. Stat. §§ 106.011(2) and 106.08....

...[8] At the present time the issue supported by plaintiff is not scheduled to appear on the November election ballot. This fact does not, however, change the focus of the inquiry for under chapter 106 the activities of plaintiff in gathering signatures on a petition would appear to be regulated. Fla.Stat. §§ 106.011(6), (7).

...n a political party, political committee, or committee of continuous existence, whose activities are limited to making expenditures for electioneering communications or accepting contributions for the purpose of making electioneering communications. § 106.011(19), Fla. Stat. ECOs are not considered political committees but are "required to register with and report expenditures and contributions . . . to the Division of Elections." § 106.011(1)(a)2(b)3, Fla....

...if later, within 10 days after the date on which it has information which causes the committee to anticipate that it will receive contributions or make expenditures in excess of $500... . Subject to certain exceptions not pertinent to our decision, section 106.011 defines political committee as: (1) "Political committee" means a combination of two or more individuals, or a person other than an individual, the primary or incidental purpose of which is to support or oppose any candidate, issue, o...

...The appellees also point out the anomaly that section 106.03 requires a political committee to file a statement of organization whenever it anticipates receiving contributions or making expenditures of more than $500; yet, under the definition contained in section 106.011(1), a political committee only comes into existence after it has accepted contributions or made expenditures of more than $500 within a calendar year. We note, however, that the introduction to section 106.011 specifies that the terms enumerated therein shall be given their defined meanings "unless the context clearly indicates otherwise." Where the wording of a statute taken literally conflicts with the plain legislative intent, the wording must yield to the legislative *789 purpose....

...ibutions or make substantial expenditures for a political purpose. Thus, we hold that section 106.03 applies to those who anticipate obtaining contributions or making expenditures in excess of $500 in a calendar year and who are otherwise defined in section 106.011(1), even though such contributions have not yet been obtained or such expenditures have not yet been made....

...communication)." At issue is whether the "name and address" mandate is severable from the "paid electioneering communication" requirement and if so, whether the statute as redacted constitutes an overbroad restriction of anonymous political speech. Section 106.011(18)(a) defines "electioneering communication" as a paid expression that: 1....

...law. Applying this common sense approach to the present case, we find that section 106.1439 allows only one unit of prosecution. *1148 Guetzloe's original electioneering communication consisted of one mailing, sent to over five thousand households. Section 106.011(18)(a), which defines "electioneering communication" and brings Guetzloe's electioneering communication within the purview of the criminal courts, contemplates that an offender will mail, email, or otherwise distribute substantial numbers of communications....

...mmunications Group, Inc., a political consulting firm. [2] See Fla. R. Admin. Proc. 28-106.201. [3] The Commission noted that Guetzloe still owed money to the State for an unpaid fine that resulted from a prior violation of section 106.19(1)(c). [4] Section 106.011(8), which contains definitions for terms used in chapter 106, defines "person" broadly to include "an individual or a corporation....

...which must disclose how much they spend and whose money they are spending. This action also seeks to invalidate the requirement that a political committee’s ads include an announcement identifying the sponsor of the ad. See generally Fla. Stat. § 106.011 et seq....

...They also wanted to “pass the hat” to raise and spend more money if possible. It is true, as Challengers say, that even if they had raised and spent only their own $600, they would have met the definition of a “political committee”—or PAC—under Florida law. See Fla. Stat. § 106.011(1)(a) (defining a “political committee” to include two or more individuals who accept contributions of—or spend—more than $500 in a year to expressly advocate the election or defeat of a candidate or the passage or defeat of a ballot issue)....

...But in Florida, in contrast to Minnesota, for all elections, including ballot issue elections, “[c]orporations regulated by chapter 607 or chapter 617 or other business entities formed for purposes other than to support or oppose issues or candidates” are, in fact “not considered political committees.” Fla. Stat. § 106.011(1)(b)....

...The plaintiffs have not, however, attempted to keep their identities secret. The plaintiffs assert, and the defendants seem to concede, that even if the plaintiffs do no more than spend their initial $600, they will become a "political committee" under Florida law. See § 106.011(1)(a), Fla....

...time, or instead of each buying $150 in air time, they wish to buy $600 in air time collectively, thus becoming "two or more individuals" who have "accept[ed] contributions" or "ma[de] expenditures" "in excess of $500 during a single calendar year." § 106.011(1)(a), Fla....

...Pasquale with violating section 106.19(1)(b), Florida Statutes (1995), which requires "contributions" to be reported and section 106.07(5), Florida Statutes, which prohibits the certification *25 of an incorrect campaign treasurer's report. A contribution which must be reported under section 106.19(1)(b) is defined in section 106.011(3) as: A gift, subscription, conveyance, deposit, loan, payment, or distribution of money or anything of value, including contributions in kind having an attributable monetary value in any form.......

...Pasquale had value which should have been reported as a contribution; and (2) the endorsement in the newsletter was not exempt as an editorial endorsement and therefore had value in and of itself which had to be reported. The administrative law judge (ALJ) concluded that this was an editorial endorsement excluded by section 106.011(3) and thus found no violation in that regard....

...Pasquale be fined $500. Both Mr. Pasquale and the Commission filed exceptions. The Commission adopted the recommendation of the ALJ that Mr. Pasquale had violated section 106.19(1)(b), because the copies produced by Mr. Carroll constituted something "of value" under section 106.011(3)(a), and Mr....

...specific facts of this case. As to the editorial endorsement itself, the Commission disagreed with the ALJ on the issue of whether the recommendation in the newsletter was exempt. *26 The Commission relied on a different part of the statute, section § 106.011(17), which defines "political advertisement" and excludes "editorial endorsements by any newspaper, radio or television station, or other recognized news medium." The Commission applied the "recognized news medium" language in the politica...

...statute must be construed in favor of Mr. Pasquale. Whitaker v. Department of Ins., 680 So.2d 528 (Fla. 1st DCA 1996). Applying that principle we agree with Mr. Pasquale that the recommendation in the newsletter was an "editorial endorsement," under section 106.011(3)(a), and that there was no violation in that regard....

...inclusivity. And so I happily join in reading the text we have to cover this journal of Carroll's. I part company with the majority, however, as regards the reporting of the papers as "[some]thing of value ... having an attributable monetary value." § 106.011(3), Fla....

...Palm Beach Post —is quite invalid. In spite of these facts and the constitutional principles mentioned above, the majority liberally construes the words "anything of value, including contributions in kind having an attributable monetary value" from section 106.011(3) to extend to *28 the free copies of Carroll's publication that appellant distributed....

...y or on behalf of the candidate. § 106.08(3)(a), Fla. Stat. (2001). A contribution is defined as a "gift, ... deposit, loan, payment, or distribution of money or anything of value ... made for the purpose of influencing the results of an election." § 106.011(3), Fla....

...for county court judge in St. Lucie County. Philip Yacucci is the incumbent and Stephen Smith is the challenger. The election was on August 26, 2014. Concerned Citizens for Judicial Fairness, Inc. is an electioneering communications organization.1 1Section 106.011(9), Florida Statutes (2014), defines an “[e]lectioneering communications organization” as: [A]ny group, other than a political party, affiliated party committee, or political committee, whose election-related activi...

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

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

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

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

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

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

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

...The Florida Laws Regarding the Financing of Election Campaigns Florida laws regulate campaign financing for all candidates, political committees, committees of continuous existence, electioneering communication organizations, and political parties. Id. §§ 106.011–106.36....

...The statute defines a “person” as “an individual or a corporation, association, firm, partnership, joint venture, joint stock company, club, organization, estate, trust, business trust, syndicate, or other combination of individuals having collective capacity.” Id. § 106.011(8)....

...§§ 106.07, 106.075. 9  Florida law does not consider “an expenditure made for, or in furtherance of, an electioneering communication . . . a contribution to or on behalf of any candidate.” Id. § 106.011(18)(c)....

...An electioneering communication is defined as any communication that is publically distributed by television, radio, satellite, newspaper, magazine, direct mail, or telephone, and that “clearly identifie[s] [a] candidate for office without expressly advocating the election or defeat of a candidate.” Id. § 106.011(18)(a)....

...The Secretary represented to the district court that a participating candidate, like a nonparticipating candidate, remains free to coordinate electioneering expenditures with section 527 organizations, and these expenditures do not count toward the participating candidate’s expenditure limit. See id. § 106.011(18)(c). After the Division of Elections for the State of Florida certifies a candidate as eligible to participate in the system, the candidate is entitled to receive matching funds for certain qualifying contributions....

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

...Fawsett, Judge. Before TJOFLAT, BARKETT and POLITZ*, Circuit Judges. PER CURIAM: Katherine Harris, Robert Butterworth, and various Florida state officials, acting in their official capacities, appeal from an order enjoining the enforcement of Florida Statutes Section 106.011(1), which governs the financing of electoral campaigns. Appellants concede that the statute is overbroad but suggest that the district court should have interpreted the statute in a way that would pass constitutional muster. Upon review we find no error in the district court's enjoining the enforcement of Florida Statutes Section 106.011(1) because it is unconstitutionally overbroad under the First Amendment. AFFIRMED. * Honorable Henry A....

...Before TJOFLAT, BARKETT and POLITZ*, Circuit Judges. PER CURIAM: Katherine Harris, Robert Butterworth, and various Florida state officials, acting in their official capacities, appeal from an order enjoining the enforcement of Florida Statutes Section 106.011(1), which governs the financing of electoral campaigns. Appellants concede that the statute is overbroad but suggest that the district court should have interpreted the statute in a way that would pass constitutional muster. Upon review we find no error in the district court’s enjoining the enforcement of Florida Statutes Section 106.011(1) because it is unconstitutionally overbroad under the First Amendment. AFFIRMED. * Honorable Henry A....

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

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

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

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

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

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