The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 106
CAMPAIGN FINANCING

View Entire Chapter

F.S. 106.11

106.11 Expenses of and expenditures by candidates and political committees.—Each candidate and each political committee which designates a primary campaign depository pursuant to s. 106.021(1) shall make expenditures from funds on deposit in such primary campaign depository only in the following manner, with the exception of expenditures made from petty cash funds provided by s. 106.12:

(1)(a) The campaign treasurer or deputy campaign treasurer of a candidate or political committee shall make expenditures from funds on deposit in the primary campaign depository only by means of a bank check drawn upon the campaign account of the candidate or political committee. The campaign account shall be separate from any personal or other account and shall be used only for the purpose of depositing contributions and making expenditures for the candidate or political committee.

(b) The checks for such account shall contain, as a minimum, the following information:

1. The name of the campaign account of the candidate or political committee.

2. The account number and the name of the bank.

3. The exact amount of the expenditure.

4. The signature of the campaign treasurer or deputy treasurer.

5. The exact purpose for which the expenditure is authorized.

6. The name of the payee.

(2)(a) For purposes of this section, debit cards are considered bank checks, if:

1. Debit cards are obtained from the same bank that has been designated as the candidate’s or political committee’s primary campaign depository.

2. Debit cards are issued in the name of the treasurer, deputy treasurer, or authorized user and contain the name of the campaign account of the candidate or political committee.

3. No more than three debit cards are requested and issued.

4. The person using the debit card does not receive cash as part of, or independent of, any transaction for goods or services.

5. All receipts for debit card transactions contain:

a. The last four digits of the debit card number.

b. The exact amount of the expenditure.

c. The name of the payee.

d. The signature of the campaign treasurer, deputy treasurer, or authorized user.

e. The exact purpose for which the expenditure is authorized.

Any information required by this subparagraph but not included on the debit card transaction receipt may be handwritten on, or attached to, the receipt by the authorized user before submission to the treasurer.

(b) Debit cards are not subject to the requirements of paragraph (1)(b).

(3) The campaign treasurer, deputy treasurer, or authorized user who signs the check shall be responsible for the completeness and accuracy of the information on such check and for insuring that such expenditure is an authorized expenditure.

(4) No candidate, campaign manager, treasurer, deputy treasurer, or political committee or any officer or agent thereof, or any person acting on behalf of any of the foregoing, shall authorize any expenses, nor shall any campaign treasurer or deputy treasurer sign a check drawn on the primary campaign account for any purpose, unless there are sufficient funds on deposit in the primary depository account of the candidate or political committee to pay the full amount of the authorized expense, to honor all other checks drawn on such account, which checks are outstanding, and to meet all expenses previously authorized but not yet paid. However, an expense may be incurred for the purchase of goods or services if there are sufficient funds on deposit in the primary depository account to pay the full amount of the incurred expense, to honor all checks drawn on such account, which checks are outstanding, and to meet all other expenses previously authorized but not yet paid, provided that payment for such goods or services is made upon final delivery and acceptance of the goods or services; and an expenditure from petty cash pursuant to the provisions of s. 106.12 may be authorized, if there is a sufficient amount of money in the petty cash fund to pay for such expenditure. Payment for credit card purchases shall be made pursuant to s. 106.125. Any expense incurred or authorized in excess of such funds on deposit shall, in addition to other penalties provided by law, constitute a violation of this chapter. As used in this subsection, the term “sufficient funds on deposit in the primary depository account of the candidate or political committee” means that the funds at issue have been delivered for deposit to the financial institution at which such account is maintained. The term shall not be construed to mean that such funds are available for withdrawal in accordance with the deposit rules or the funds availability policies of such financial institution.

(5) A candidate who withdraws his or her candidacy, becomes an unopposed candidate, or is eliminated as a candidate or elected to office may expend funds from the campaign account to:

(a) Purchase “thank you” advertising for up to 75 days after he or she withdraws, becomes unopposed, or is eliminated or elected.

(b) Pay for items which were obligated before he or she withdrew, became unopposed, or was eliminated or elected.

(d) Dispose of surplus funds as provided in s. 106.141.

(6) A candidate who makes a loan to his or her campaign and reports the loan as required by s. 106.07 may be reimbursed for the loan at any time the campaign account has sufficient funds to repay the loan and satisfy its other obligations.

History.—s. 11, ch. 73-128; s. 8, ch. 74-200; s. 48, ch. 77-175; s. 2, ch. 78-403; s. 10, ch. 79-365; s. 8, ch. 85-226; s. 13, ch. 89-256; s. 14, ch. 91-107; s. 643, ch. 95-147; s. 25, ch. 2002-17; s. 4, ch. 2002-197; s. 64, ch. 2011-40; s. 14, ch. 2013-37.

F.S. 106.11 on Google Scholar

F.S. 106.11 on Casetext

Amendments to 106.11

Arrestable Offenses / Crimes under Fla. Stat. 106.11

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

S106.11 - EMBEZZLE - IMPROPER EXPENDITURE OF CAMPAIGN FUNDS - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . (b) Notwithstanding the provisions of s. 106.11, a candidate who is eligible for a distribution of funds . . .

PURI v. KHALSA M. PC, LLC,, 674 F. App'x 679 (9th Cir. 2017)

. . . detail regarding Sopurkh (¶¶ 106.7, 106.8, 106.9) and against Lambert and SWW (¶¶ 105.1, 106.6, 106.10, 106.11 . . .

WORLEY, v. FLORIDA SECRETARY OF STATE, L., 717 F.3d 1238 (11th Cir. 2013)

. . . . § 106.11(l)(a); • keep “detailed accounts” of receipts and expenditures, current to within no more . . . updated records); and, to promote good recordkeeping, disburse funds by check rather than cash, see id. § 106.11 . . .

WORLEY v. K. ROBERTS, 749 F. Supp. 2d 1321 (N.D. Fla. 2010)

. . . records for two years); § 106.07(4)(a) (file periodic reports of all contributions and expenditures); § 106.11 . . .

OLLIER, v. SWEETWATER UNION HIGH SCHOOL DISTRICT,, 604 F. Supp. 2d 1264 (S.D. Cal. 2009)

. . . . § 106.11. Defendants do not dispute that Title DC is applicable here. . . . .

JENNINGS, v. FLORIDA ELECTIONS COMMISSION,, 932 So. 2d 609 (Fla. Dist. Ct. App. 2006)

. . . 2003 that based on these accusations it was investigating him for violations of sections 106.07(5), 106.11 . . .

a No. M. GOODING, 905 So. 2d 121 (Fla. 2005)

. . . This conduct violated Florida Statutes §§ 106.11 and 106.08 and Canons 1, 2, 6 B and 7. . . . when your campaign account did not have sufficient funds to cover those expenses in violation of § 106.11 . . . He correctly admitted the impropriety of this conduct under section 106.11, Florida Statutes (2001), . . . or admission, however, that Judge Gooding was required to and failed to file a report, and section 106.11 . . . account, which checks are outstanding, and to meet all expenses previously authorized but not yet paid. § 106.11 . . .

DIAZ PORTILLA, v. FLORIDA ELECTIONS COMMISSION,, 857 So. 2d 913 (Fla. Dist. Ct. App. 2003)

. . . The Commission charged, and the administrative law judge found, violations of subsection 106.11(3) and . . .

FLORIDA RIGHT TO LIFE, INC. v. LAMAR, a a To, 273 F.3d 1318 (11th Cir. 2001)

. . . in view of the entire state campaign finance regime, including §§ 106.011(3)(a), 106.021(1)(b), and 106.11 . . . the § 106.021(1)(b) requirement that each candidate create a separate campaign account and with the § 106.11 . . . Section 106.11(1) provides that a candidate's "campaign account shall be separate from any personal or . . .

SMITH, v. CRAWFORD,, 645 So. 2d 513 (Fla. Dist. Ct. App. 1994)

. . . disposition of those funds must be accomplished in accordance, with the limitations provided in sections 106.11 . . .

BREAKSTONE a v. SUPER KIDS BARGAIN STORE, INC. v., 561 So. 2d 1164 (Fla. Dist. Ct. App. 1989)

. . . limitation law, section 106.08, Florida Statutes (1987), and the contribution disclosure law, section 106.11 . . .

STATE v. J. GRECO,, 479 So. 2d 786 (Fla. Dist. Ct. App. 1985)

. . . information required by this chapter; or (d) Makes or authorizes any expenditure in violation of s. 106.11 . . .

GROVE CITY COLLEGE v. BELL, SECRETARY OF EDUCATION,, 465 U.S. 555 (U.S. 1984)

. . . activity operated by such recipient which receives or benefits from Federal financial assistance.” 34 CFR §106.11 . . . activity operated by such recipient which receives or benefits from Federal financial assistance.” 34 CFR §106.11 . . . See also 34 CFR §§ 106.11, 106.31(a) (1983). . . .

UNIVERSITY OF RICHMOND v. H. BELL,, 543 F. Supp. 321 (E.D. Va. 1982)

. . . . §§ 106.2, 106.11, 106.37, 106.41. . . .

HAFFER, v. TEMPLE UNIVERSITY OF COMMONWEALTH SYSTEM OF HIGHER EDUCATION,, 524 F. Supp. 531 (E.D. Pa. 1981)

. . . . § 106.11 (1980). Temple seeks summary judgment. . . . Temple argues the application regulation, 34 C.F.R. § 106.11 (1980), is invalid. . . .

In G. FONZO,, 1 B.R. 722 (Bankr. S.D.N.Y. 1979)

. . . Auto Loan 1) No. 1. 70.23 2) No. 2. 106.11 e. Home Improvement. 99.29 f. . . .

STATE v. W. ZIMMERMAN,, 370 So. 2d 1179 (Fla. Dist. Ct. App. 1979)

. . . information required by this chapter; or (d) Makes or authorizes any expenditure in violation of § 106.11 . . .

VALLEY VIEW SHOPPING CENTER LTD. v. THE UNITED STATES, 210 Ct. Cl. 89 (Ct. Cl. 1976)

. . . . § 106.11(b) (1973) : ‘Upon the occurrence of a default by the lessee under the insured lease, the lessor . . .

Co. v., 28 F. 265 (C.C.D. Or. 1886)

. . . For the years 1883,1884, and 1885 taxes were levied on said land by Linn county amounting to $106.11, . . .