CopyCited 53 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 15897, 2010 WL 2977614
...That system also provides participating candidates like
McCollum with a subsidy when a nonparticipating opponent spends in excess of
$2 for each registered Florida voter, which for this election means almost $25
million. Fla. Stat. §§
106.34,
106.355.
On July 7, as his campaign expenditures were rapidly approaching the $25
million threshold, Scott filed a complaint in the district court and asked the court to
enjoin preliminarily the operation of the excess spending subsidy....
...The Florida public
financing system provides a subsidy to a participating candidate when an opposing
candidate who has chosen not to participate in public financing exceeds the
statutory expenditure limit, which for this election is $24,901,170, or $2 for each
registered voter. Fla. Stat. §§
106.34,
106.355. Under the public financing system,
if Scott spends over this amount, any participating opponent in the Republican
primary for the nomination of governor is entitled to one public dollar for every
dollar Scott spends over the limit. Id. §
106.355.
In his declaration, Scott alleged that, as he has approached this limit, he has
reduced his campaign spending “in a drastic manner” to ensure that he is enabling
McCollum’s campaign for as few days as possible....
...Scott does not
expect that his reluctance to spend money on his campaign will abate when he
exceeds that threshold. After he exceeds the threshold, Scott will “engage in less
campaign speech than would be the case if [his] opponents were not eligible to
receive subsidies under section 106.355.” Scott explains that he has a
constitutional right to avoid providing his opponents “with a competitive
advantage and in turn permitting them to counteract and diminish [his] campaign
8
speech.”
B....
...candidate $2 in public funds. Id. §
106.35(2)(a)(1). After the participating
candidate raises the initial $150,000 in contributions, the state matches qualifying
contributions dollar for dollar. Id. §
106.35(2)(a)(2).
In 1991, the Florida Legislature adopted section
106.355, which includes the
excess spending subsidy that is the focus of this appeal. Section
106.355 provides
a subsidy to a participating candidate when an opposing candidate who does not
participate in public financing exceeds the statutory expenditure limit, which for
this election is $24,901,170. 1991 Fla. Sess. Law Serv. ch. 91-107 § 24 (codified
at Fla. Stat. §
106.355)....
...excess spending subsidy is tied to the spending of the participating candidate’s
opponent; Florida provides the participating candidate a dollar for every dollar his
nonparticipating opponent expends above the statutory expenditure limit. Fla. Stat.
§ 106.355....
...Procedural History
On July 7, after Scott decided that his expenditures would trigger the public
subsidy, Scott filed a complaint against Dawn Roberts, the Interim Secretary of
State of Florida. Scott asked the district court to declare unconstitutional the
provision of section 106.355 that creates the excess spending subsidy and to enjoin
the Secretary from enforcing it....
...declared similar state laws unconstitutional. See McComish, slip op. 9139; Green
Party of Conn. v. Garfield,
648 F. Supp. 2d 298 (D. Conn. 2009). We agree with
the district court that if McCollum did not know that he could not comfortably rely
on a subsidy under section
106.355 in the event that an opponent ran an expensive
campaign it cannot be said that his reliance was reasonable.
Moreover, the finding of the district court that Scott did not purposefully
delay filing suit is not clearly erroneous....
...Secretary of State of Florida, Dawn K. Roberts, and all officers, agents, and
employees of the office of the Secretary of State are PRELIMINARILY
ENJOINED from releasing funds to Ira William (“Bill”) McCollum Jr., under the
excess spending subsidy of section 106.355 of the Florida Election Campaign
43
Financing Act, Fla. Stat. § 106.355....
CopyCited 19 times | Published | Florida 1st District Court of Appeal | 1994 WL 592242
...ds that he received with respect to expenditures made in his gubernatorial campaign in excess of the $2,000,000 spending limit applicable to candidates for a cabinet office? *516 (4) Did the trial court err in ruling that Bob Crawford is entitled by section 106.355 of the Act to obtain matching funds from the Trust Fund as a result of campaign contributions that Jim Smith received in his campaign for Governor? (5) Did the trial court err in ruling that Jim Smith must return campaign contribution...
...ds that he received in his gubernatorial race relating to his expenditures in that race over the $2,000,000 spending limit established in subsection
106.34(1)(b), applying to candidates for cabinet officers; (e) Bob Crawford has a right, pursuant to section
106.355, to obtain public matching funds for those campaign contributions that Jim Smith received in his gubernatorial race in excess of $2,000,000 and, because Jim Smith has already exceeded the $2,000,000 limit, Bob Crawford is entitled to...
...or the new office. This provision of the order amounts to a penalty or fine not authorized by the language of the applicable statutes. See §§
106.265,
106.353(2),
106.36, Fla. Stat. (1993). Similarly, the ruling that Bob Crawford is entitled under section
106.355, Florida Statutes (1993), to immediately obtain public matching funds from the Trust Fund measured by campaign contributions that Jim Smith received in his campaign for Governor is erroneous. Since Jim Smith's campaign for Governor must be accounted for separately from the campaign for Commissioner of Agriculture, Bob Crawford does not presently have a right under section
106.355 to obtain public matching funds by reason of the contributions received or expenditures made by Jim Smith in his campaign for Governor....
...itures in excess of the $2,000,000 spending limit applicable to candidates for a cabinet office is erroneous because it amounts to a penalty not authorized by the language of the applicable statutes. d. The ruling that Bob Crawford is entitled under section 106.355, Florida Statutes (1993), to immediately obtain public matching funds from the Election Campaign Financing Trust Fund as a result of campaign contributions that Mr....
CopyPublished | Court of Appeals for the Eleventh Circuit
...That system also provides participating candidates like
McCollum with a subsidy when a nonparticipating opponent spends in excess of
$2 for each registered Florida voter, which for this election means almost $25
million. Fla. Stat. §§
106.34,
106.355.
On July 7, as his campaign expenditures were rapidly approaching the $25
million threshold, Scott filed a complaint in the district court and asked the court to
enjoin preliminarily the operation of the excess spending subsidy....
...The Florida public
financing system provides a subsidy to a participating candidate when an opposing
candidate who has chosen not to participate in public financing exceeds the
statutory expenditure limit, which for this election is $24,901,170, or $2 for each
registered voter. Fla. Stat. §§
106.34,
106.355. Under the public financing system,
if Scott spends over this amount, any participating opponent in the Republican
primary for the nomination of governor is entitled to one public dollar for every
dollar Scott spends over the limit. Id. §
106.355.
In his declaration, Scott alleged that, as he has approached this limit, he has
reduced his campaign spending “in a drastic manner” to ensure that he is enabling
McCollum’s campaign for as few days as possible....
...Scott does not
expect that his reluctance to spend money on his campaign will abate when he
exceeds that threshold. After he exceeds the threshold, Scott will “engage in less
campaign speech than would be the case if [his] opponents were not eligible to
receive subsidies under section 106.355.” Scott explains that he has a
constitutional right to avoid providing his opponents “with a competitive
advantage and in turn permitting them to counteract and diminish [his] campaign
8
speech.”
B....
...candidate $2 in public funds. Id. §
106.35(2)(a)(1). After the participating
candidate raises the initial $150,000 in contributions, the state matches qualifying
contributions dollar for dollar. Id. §
106.35(2)(a)(2).
In 1991, the Florida Legislature adopted section
106.355, which includes the
excess spending subsidy that is the focus of this appeal. Section
106.355 provides
a subsidy to a participating candidate when an opposing candidate who does not
participate in public financing exceeds the statutory expenditure limit, which for
this election is $24,901,170. 1991 Fla. Sess. Law Serv. ch. 91-107 § 24 (codified
at Fla. Stat. §
106.355)....
...excess spending subsidy is tied to the spending of the participating candidate’s
opponent; Florida provides the participating candidate a dollar for every dollar his
nonparticipating opponent expends above the statutory expenditure limit. Fla. Stat.
§ 106.355....
...Procedural History
On July 7, after Scott decided that his expenditures would trigger the public
subsidy, Scott filed a complaint against Dawn Roberts, the Interim Secretary of
State of Florida. Scott asked the district court to declare unconstitutional the
provision of section 106.355 that creates the excess spending subsidy and to enjoin
the Secretary from enforcing it....
...declared similar state laws unconstitutional. See McComish, slip op. 9139; Green
Party of Conn. v. Garfield,
648 F. Supp. 2d 298 (D. Conn. 2009). We agree with
the district court that if McCollum did not know that he could not comfortably rely
on a subsidy under section
106.355 in the event that an opponent ran an expensive
campaign it cannot be said that his reliance was reasonable.
Moreover, the finding of the district court that Scott did not purposefully
delay filing suit is not clearly erroneous....
...Secretary of State of Florida, Dawn K. Roberts, and all officers, agents, and
employees of the office of the Secretary of State are PRELIMINARILY
ENJOINED from releasing funds to Ira William (“Bill”) McCollum Jr., under the
excess spending subsidy of section 106.355 of the Florida Election Campaign
43
Financing Act, Fla. Stat. § 106.355....
