The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 106
CAMPAIGN FINANCING

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F.S. 106.35

106.35 Distribution of funds.—

(1) The division shall review each request for contributions from the ¹Election 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 ¹Election 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 ¹Election 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.

¹Note.—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 from cite.case.law:

THURSTON, v. STATE FLORIDA ELECTIONS COMMISSION,, 210 So. 3d 684 (Fla. Dist. Ct. App. 2017)

. . . .” § 106.35(1) (footnote omitted). . . . weekly reports and certification and distribution of funds pursuant thereto required by this section. § 106.35 . . . Based on the foregoing, we reverse and remand to the Division to conduct its review pursuant to section 106.35 . . .

L. SCOTT, v. K. ROBERTS, In Jr., 612 F.3d 1279 (11th Cir. 2010)

. . . . § 106.35(3)(a); and submit a post-election audit of the campaign account, id. § 106.33(4). . . . Id. § 106.35. . . . . § 106.35(2)(b). . . . Id. § 106.35(2)(a)(l). . . . Id. § 106.35(2)(a)(2). . . .

UNITED STATES v. BELSKIS,, 477 F. Supp. 2d 237 (D. Me. 2007)

. . . the inclusion of the daily sales — of a quarter ounce per day (7.09 grams) for fifteen days — adds (106.35 . . . one-quarter ounce of cocaine for a fifteen-day period to him, resulting in an additional drug quantity of 106.35 . . . The PSR rounded up the figure for the daily sales from 106.35 to 106.40. . . . However, 304.80 would be correct figure if the 106.35 figure had not been rounded up. . . . .

H. CAMPBELL, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE,, 868 So. 2d 1265 (Fla. Dist. Ct. App. 2004)

. . . In addition, Rule 28-106.35 of the Florida Administrative Code clearly states that if during an informal . . .

In J. RILEY. L. v., 297 B.R. 122 (Bankr. E.D. Ark. 2003)

. . . 4200.00 3/16/01 $ 7500.00 3/22/01 $ 115.11 3/22/01 $ 107.05 3/23/01 $ 40.84 3/25/01 $ 79.42 3/28/01 $ 106.35 . . .

LEWIS, v. SULLIVAN,, 135 F. Supp. 2d 954 (W.D. Wis. 2001)

. . . period May 20, 2000 to November 21, 2000 shows that the average monthly deposits to Ms account were $106.35 . . .

SECRETARY OF STATE, B. v. F. MILLIGAN,, 704 So. 2d 152 (Fla. Dist. Ct. App. 1997)

. . . Smith, 638 So.2d 26 (Fla. 1994), the supreme court found that sections 106.32(1) and 106.35 constituted . . .

L. CONNOR, v. DIVISION OF ELECTIONS,, 643 So. 2d 75 (Fla. Dist. Ct. App. 1994)

. . . If the candidate meets this eligibility requirement, section 106.35(2)(a), Florida Statutes (1993), provides . . . Connor appealed this determination to the Florida Elections Commission, arguing that section 106.35(2 . . . We interpret the words “all or any portion of the threshold amount” contained in section 106.35(2)(a) . . . contributions, he is entitled to the distribution of $300,000 in 2:1 matching funds, pursuant to section 106.35 . . .

REPUBLICAN PARTY OF FLORIDA, v. SMITH,, 638 So. 2d 26 (Fla. 1994)

. . . That §§ 106.32(1) and 106.35, Fla. . . . Sections 106.32 and 106.35, Fla.Stat., comply with the itemization requirement of Art. . . . Section 106.35 establishes formulas and thus controls the distribution of funds to qualified candidates . . .

CANTERINO, v. BARBER,, 564 F. Supp. 711 (W.D. Ky. 1983)

. . . See 34 C.F.R. 106.31(a), 106.31(b)(2), 106.34, 106.35, 106.36, and 34 C.F.R. Part 100, App. . . .

R. A. v., 67 T.C. 181 (T.C. 1976)

. . . . $148.00 $29.60 $148.00 $29.60 1968.. 531.76 106.35 531.76 106.35 1969.. 650.83 130.17 650.83 130.17 . . .

FRANK H. FORD AND AMANDA T. FORD v. THE UNITED STATES WILLIAM F. TAYLOR AND GERTRUDE C. TAYLOR v. THE UNITED STATES NELL TAYLOR BOGGS v. THE UNITED STATES, 160 Ct. Cl. 417 (Ct. Cl. 1963)

. . . entered as follows: In No. 383-60, judgment for the plaintiffs for $306.38, together with interest on $106.35 . . .

CRAVENS v. UNITED STATES, 62 F.2d 261 (8th Cir. 1932)

. . . Count 81 concerns a charge of $6,-106.35 on the individual mortgage record on September 26, 1924, against . . .