The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 106
CAMPAIGN FINANCING

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F.S. 106.33

106.33 Election campaign financing; eligibility.—Each candidate for the office of Governor or member of the Cabinet who desires to receive contributions from the ¹Election Campaign Financing Trust Fund, upon qualifying for office, shall file a request for such contributions with the filing officer on forms provided by the Division of Elections. If a candidate requesting contributions from the fund desires to have such funds distributed by electronic fund transfers, the request shall include information necessary to implement that procedure. For the purposes of ss. 106.30-106.36, the respective candidates running for Governor and Lieutenant Governor on the same ticket shall be considered as a single candidate. To be eligible to receive contributions from the fund, a candidate may not be an unopposed candidate as defined in s. 106.011 and must:

(1) Agree to abide by the expenditure limits provided in s. 106.34.

(2)(a) Raise contributions as follows:

1. One hundred fifty thousand dollars for a candidate for Governor.

2. One hundred thousand dollars for a candidate for Cabinet office.

(b) Contributions from individuals who at the time of contributing are not state residents may not be used to meet the threshold amounts in paragraph (a). For purposes of this paragraph, any person validly registered to vote in this state shall be considered a state resident.

(3) Limit loans or contributions from the candidate’s personal funds to $25,000 and contributions from national, state, and county executive committees of a political party to $250,000 in the aggregate, which loans or contributions do not qualify for meeting the threshold amounts in subsection (2).

(4) Submit to a postelection audit of the campaign account by the division.

History.—s. 1, ch. 86-276; s. 40, ch. 90-315; s. 20, ch. 91-107; s. 68, ch. 2001-40; s. 47, ch. 2005-278; s. 27, ch. 2013-37.

¹Note.—The trust fund expired, effective November 4, 1996, by operation of s. 19(f), Art. III of the State Constitution.

F.S. 106.33 on Google Scholar

F.S. 106.33 on Casetext

Amendments to 106.33

Arrestable Offenses / Crimes under Fla. Stat. 106.33

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 106.33.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DOE, A BY AND THROUGH DOE A A A v. BOYERTOWN AREA SCHOOL DISTRICT Dr. In Dr. E. In D. C., 897 F.3d 515 (3rd Cir. 2018)

. . . . § 106.33. . . .

DOE, a BY AND THROUGH DOE a a a v. BOYERTOWN AREA SCHOOL DISTRICT Dr. In Dr. E. In D. C., 897 F.3d 518 (3rd Cir. 2018)

. . . . § 106.33. DeJohn v. Temple Univ. , 537 F.3d 301, 316 n.14 (3d Cir. 2008) (citation omitted). Id. . . .

ADAMS, a BY AND THROUGH KASPER, v. SCHOOL BOARD OF ST. JOHNS COUNTY, FLORIDA,, 318 F. Supp. 3d 1293 (M.D. Fla. 2018)

. . . . § 106.33. . . . schools to provide "separate toilet, locker room, and shower facilities on the basis of sex," 34 C.F.R. § 106.33 . . .

PARENTS FOR PRIVACY A. G. T. F. v. DALLAS SCHOOL DISTRICT NO. B. Jr. F., 326 F. Supp. 3d 1075 (D. Or. 2018)

. . . of one sex shall be comparable to such facilities provided from students of the other sex." 34 CFR § 106.33 . . . one sex shall be comparable to such facilities provided for students of the other sex." 34 C.F.R. § 106.33 . . .

DOE, a BY AND THROUGH DOE a a A v. BOYERTOWN AREA SCHOOL DISTRICT Dr. In Dr. E. In D. C., 893 F.3d 179 (3rd Cir. 2018)

. . . . § 106.33. DeJohn v. Temple Univ., , 316 n.14 (3d Cir. 2008) (citation omitted). Id. . . .

GRIMM, v. GLOUCESTER COUNTY SCHOOL BOARD,, 302 F. Supp. 3d 730 (E.D. Va. 2018)

. . . . § 106.33 ; see also Whitaker , 858 F.3d at 1047-48. 1. . . . The Fourth Circuit has noted that because 34 C.F.R. § 106.33 permits separate toilets, locker rooms, . . . The Board notes that § 106.33 permits schools to establish separate facilities on the basis of sex. . . . The Court next turns to consideration of § 106.33. . . . The Court has some guidance in resolving § 106.33's ambiguity. . . .

M. A. B. v. BOARD OF EDUCATION OF TALBOT COUNTY,, 286 F. Supp. 3d 704 (D. Md. 2018)

. . . . § 106.33 (2017) and Transgender Status Title IX provides, in relevant part: "[n]o person...shall, on . . . Grimm I observed that "[b]y implication," then, § 106.33 permits schools to exclude those with a birth . . . As Grimm I observed, the Court's "inquiry is not ended" by § 106.33's reference to males and females. . . . Thus, with the 2015 Opinion Letter no longer in effect, Grimm I no longer resolves how § 106.33 applies . . . The Fourth Circuit has not spoken on how § 106.33 applies to a transgender person since Grimm I. . . .

A. H. a BY HANDLING, v. MINERSVILLE AREA SCHOOL DISTRICT,, 290 F. Supp. 3d 321 (M.D. Pa. 2017)

. . . . § 106.33. . . . including discrimination based on a student's transgender status," and that, under Title IX and 34 C.F.R. § 106.33 . . . Guidance, however, "did not propound any 'new' or different interpretation of Title IX or [ 34 C.F.R. § 106.33 . . . preliminary injunction on the basis of the Title IX claim, holding that the law surrounding [ 34 C.F.R. § 106.33 . . .

DOE, a BY AND THROUGH DOE a v. BOYERTOWN AREA SCHOOL DISTRICT Dr. Dr. Dr. E., 276 F. Supp. 3d 324 (E.D. Pa. 2017)

. . . . § 106.33). . . .

WHITAKER, BY WHITAKER, v. KENOSHA UNIFIED SCHOOL DISTRICT NO. BOARD OF EDUCATION,, 858 F.3d 1034 (7th Cir. 2017)

. . . . § 106.33. . . .

EVANCHO, v. PINE- RICHLAND SCHOOL DISTRICT,, 237 F. Supp. 3d 267 (W.D. Pa. 2017)

. . . . § 106.33- (“Regulation”). . . . deference to the agency, should the Department’s specific interpretation of Title IX and 34 C.F.R. § 106.33 . . .

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

. . . In June 2014, Thur-ston filed with the Division a request for matching funds pursuant to section 106.33 . . . that a candidate for a Cabinet office must not be “an unopposed candidate as defined in s. 106.011.” § 106.33 . . . Cabinet office must agree to abide by the expenditure limits provided by law, and must raise $100,000. § 106.33 . . . The FEC cites to section 106.33 for this proposition. . . . funds for candidates for a Cabinet office who meet certain requirements in-eluding raising $100,000. § 106.33 . . .

BOARD OF EDUCATION OF THE HIGHLAND LOCAL SCHOOL DISTRICT, v. UNITED STATES DEPARTMENT OF EDUCATION, DOE, a v., 208 F. Supp. 3d 850 (S.D. Ohio 2016)

. . . . § 106.33. . . . IX and the regulation that permits separate restroom facilities for males and females, 84 C.F.R. § 106.33 . . . court that has considered this question has already determined that Defendants’ interpretation of § 106.33 . . . See Gloucester, 822 F.3d at 722 (holding that § 106.33 “sheds little light on how exactly to determine . . . See 34 C.F.R. § 106.33. . . .

TEXAS v. UNITED STATES, 201 F. Supp. 3d 810 (N.D. Tex. 2016)

. . . . § 106.33 (“§ 106.33” or “Section 106.33”), expressly authorized separate restrooms on the basis of . . . Section 106.33 provides: “A recipient may provide separate toilet, locker room, and shower facilities . . . Based on the foregoing authority, the Court concludes § 106.33 is not ambiguous. . . . See 34 C.F.R. § 106.33; 45 Fed. . . . Based on the foregoing, the Court concludes § 106.33 is not ambiguous. . . .

G. G. v. GLOUCESTER COUNTY SCHOOL BOARD, Ph. D. K. A O s IV s s s UCSF s s H. s d b a GLMA LGBT We M. D. M. D. R. In L. In Ph. D., 824 F.3d 450 (4th Cir. 2016)

. . . . §§ 106.32, 106.33, they can override these provisions by redefining sex to mean how any given person . . .

G. G. GRIMM, v. GLOUCESTER COUNTY SCHOOL BOARD, Ph. D. K. A. O s IV s s s UCSF s s H. s d b a GLMA LGBT We M. D. M. D. R. In L. In Ph. D., 822 F.3d 709 (4th Cir. 2016)

. . . . § 106.33. . . . Thus, our analysis begins with a determination of whether 34 C.F.R. § 106.33 contains an ambiguity. . . . Section 106.33 permits schools to provide “separate toilet, locker room, and shower facilities on the . . . We conclude that the Department’s interpretation of how § 106.33 and its underlying assumptions should . . . Finally, we consider whether the Department’s interpretation of § 106.33 is the result of the agency’ . . . . §§ 106.32(b), 106.33. . . . shower facilities on the basis of sex,” again provided that the facilities are “comparable,” 34 C.F.R. § 106.33 . . . Similarly, implementing Regulation 106.33 provides for particular separate facilities, as follows: A . . . one sex shall be comparable to such facilities provided for students of the other sex. 34 C.F.R. § 106.33 . . . Because the Gloucester County School Board did not violate Title IX and Regulation 106.33 in adopting . . . . § 106.33 is to be given controlling weight, G.G. has surely demonstrated a likelihood of success on . . .

G. G. GRIMM, v. GLOUCESTER COUNTY SCHOOL BOARD,, 132 F. Supp. 3d 736 (E.D. Va. 2015)

. . . . § 106.33. . . . Therefore, Section 106.33 is given controlling weight. . . . term “sex” in Section 106.33 to mean only “gender identity.” . . . Nonetheless, these documents can inform the meaning of Section 106.33. . . . To begin with, Section 106.33 is not ambiguous. . . .

JOHNSTON, v. UNIVERSITY OF PITTSBURGH OF COMMONWEALTH SYSTEM OF HIGHER EDUCATION d b a A. W. J., 97 F. Supp. 3d 657 (W.D. Pa. 2015)

. . . . § 106.33. . . .

In SEPTEMBER LITIGATION v. UAL, 811 F. Supp. 2d 883 (S.D.N.Y. 2011)

. . . compliance. 108129 Standards for security oversight. 108.31 Employment standards for screening personnel. 106.33 . . .

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

. . . . § 106.33; agree to abide by an expenditure limit, which for the 2010 election is $24,901,170, id. § . . . $150,000 in qualified contributions from Florida residents before receiving any public funds, id. § 106.33 . . . (2)(a)(1); agree to limit loans or contributions from his personal funds to $25,000, id. § 106.33(3); . . . qualified contribution, id. § 106.35(3)(a); and submit a post-election audit of the campaign account, id. § 106.33 . . .

In AUTO INTERNATIONAL REFRIGERATION, H. v., 275 B.R. 789 (Bankr. N.D. Tex. 2002)

. . . 107.15 12/2/98 CO 03 1.117.25 $213,177.45 0.05% 0.00 106.59 12/3/98 03 OO 514.67 $212,662.78 0.05% 0.00 106.33 . . . 12/4/98 C/3 GO 0.00 $212,662.78 0.05% 0.00 106.33 12/5/98 OQ C/3 0.00 $212,662.78 0.05% 0.00 106.33 . . .

REPUBLICAN PARTY OF FLORIDA, v. FLORIDA ELECTIONS COMMISSION,, 658 So. 2d 653 (Fla. Dist. Ct. App. 1995)

. . . clearly contributions, and appellant waived any challenge to the constitutionality of sections 106.08 and 106.33 . . .

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

. . . during his campaign for Governor, participated in public election campaign financing pursuant to section 106.33 . . .

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

. . . To be eligible for campaign financing, section 106.33, Florida Statutes (1993), requires that a candidate . . . qualifying matching contributions making up all or any portion of the threshold amounts specified in section 106.33 . . . more restrictively than the contributions eligible for inclusion in the threshold amount under section 106.33 . . .

STATE A. BUTTERWORTH v. REPUBLICAN PARTY OF FLORIDA, STATE v. NRA POLITICAL VICTORY FUND,, 604 So. 2d 477 (Fla. 1992)

. . . . §§ 106.33, .34, Fla.Stat. (1991). . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. A. F. a, 528 So. 2d 87 (Fla. Dist. Ct. App. 1988)

. . . only allowable costs here should have been: Court reporter costs $ 96.75 Deposition of Linda Gallo- 106.33 . . . .4.00 Sheriff’s Service of Brian Harrison Subpoena.10.00 Cost of taking Deposition of Linda Galloway.106.33 . . .

REED, v. A. RHODES,, 516 F. Supp. 561 (N.D. Ohio 1981)

. . . Master and his firm are entitled is $460,977.66, which is equivalent to an average hourly rate of $106.33 . . .

J. WERNER v. UNITED STATES, 162 F. Supp. 316 (E.D. Wis. 1958)

. . . on the joint return basis, an additional tax liability of $3,271.74 was declared, plus interest of $106.33 . . .