Florida Statute 106.22 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 106
CAMPAIGN FINANCING

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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.

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Amendments to 106.22

Annotations, Discussions, Cases:

Cases Citing Statute 106.22

Total Results: 7 | Sort by: Relevance | Newest First

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Smith v. Crawford, 645 So. 2d 513 (Fla. 1st DCA 1994).

Cited 19 times | Published | Florida 1st District Court of Appeal | 1994 WL 592242

...The Division of Elections is statutorily charged with the administration of the provisions of chapter 106, Florida Statutes, governing campaign financing. It is explicitly authorized to issue advisory opinions construing the provisions of this chapter. §§ 106.22-.23, Fla....

...The Division of Elections is statutorily charged with the administration of the provisions of chapter 106, Florida Statutes, governing campaign financing, which includes the power to issue advisory opinions construing the provisions of this chapter. § 106.22-.23, Fla....

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Diaz De La Portilla v. Fla. Elections Com'n, 857 So. 2d 913 (Fla. 3d DCA 2003).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22082173

...The campaign treasurer testified that he had acted as campaign treasurer on previous occasions, without encountering any problems or being the subject of any discipline. We take judicial notice of the fact that the Division of Elections issues a handbook for treasurers. See § 106.22(2), Fla....

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Larkin v. Buranosky, 973 So. 2d 1286 (Fla. 4th DCA 2008).

Cited 3 times | Published | Florida 4th District Court of Appeal | 2008 WL 441626

535 (Fla. 4th DCA 2004). ECOs are created by section 106.022(19), Florida Statutes, which provides: `Electioneering

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Andrew Nathan Worley v. Florida Sec'y of State, 717 F.3d 1238 (11th Cir. 2013).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 2659408, 2013 U.S. App. LEXIS 11995

...the accounts refer, id. § 106.06(3); • file regular reports with the Division of Elections, itemizing every contribution and expenditure, small or large, id. § 106.07(4)(a);1 and • submit to random audits by the Division of Elections, id. § 106.22(10). Florida PACs may not accept anonymous contributions in any amount or take cash contributions over fifty dollars....

...§ 106.07(3), but reporting requirements are allowed under our Constitution, and if there is something to report, it would make sense that Challengers would be tracking contributions anyway. Florida PACs may be subjected to random audits, see id. § 106.22(10), but this again is a small burden—especially where the PAC already tracks the money it gets in and gives out....

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Sec'y of State v. Milligan, 704 So. 2d 152 (Fla. 1st DCA 1997).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1997 WL 765659

...The appellants state that there is no formula in the Act, nor has the trial court established any standards or guidelines, for determining the amount of money the Division may receive from general revenue to pay for the administration of the program. 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." Additionally, interpreting section 106.32(1) as conti...

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Worley v. Roberts, 749 F. Supp. 2d 1321 (N.D. Fla. 2010).

Cited 1 times | Published | District Court, N.D. Florida | 2010 U.S. Dist. LEXIS 119977, 2010 WL 4339374

...days of receipt); § 106.06(1) (keep detailed accounts current within two days); § 106.06(3) (maintain records for two years); § 106.07(4)(a) (file periodic reports of all contributions and expenditures); § 106.11 (disburse funds only by check); § 106.22(10) (submit to random audits by the Division of Elections)....

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Ago (Fla. Att'y Gen. 1980).

Published | Florida Attorney General Reports

to meet the provisions of s. 106.07(4)(a). Section 106.22, F. S., however, empowers and makes it the

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