§ 106.0701 Solicitation of contributions on behalf of s. 527 or s. 501(c)(4) organizations; reporting requirements; civil penalty; exemption.
Overview of Statute
This statute governs the reporting of independent expenditures of, in the aggregate, $5,000 or more. The statute also states that political advertisements paid for with independent expenditures must say that they were paid for independently of a candidate.
(1) The Governor, Lieutenant Governor, members of the Cabinet, state legislators, or candidates for such offices who directly or indirectly solicit, cause to be solicited, or accept any contribution on behalf of an organization that is exempt from taxation under s. 527 or s. 501(c)(4) of the Internal Revenue Code, which such individuals, in whole or in part, establish, maintain, or control, shall file a statement with the division within 5 days after commencing such activity on behalf of the organization. The statement shall contain the following information:
(a) The name of the person acting on behalf of the organization.
(b) The name and type of the organization.
(c) A description of the relationship between the person and the organization.
s. 6, ch. 2006-300; ss. 10, 30, ch. 2011-6; HJR 7105, 2011 Regular Session.
- Campaign Finance
- Disclosure Requirements
- Political Advertisements
- Restrictions & General Requirements
1. Definition for Expenditure
(a) A purchase, payment, distribution, loan, advance, transfer of funds by a campaign treasurer or deputy campaign treasurer between a primary depository and a separate interest-bearing account or certificate of deposit, or gift of money or anything of value made for the purpose of influencing the results of an election or making an electioneering communication. However, “expenditure” does not include a purchase, payment, distribution, loan, advance, or gift of money or anything of value made for the purpose of influencing the results of an election when made by an organization, in existence before the time during which a candidate qualifies or an issue is placed on the ballot for that election, for the purpose of printing or distributing such organization’s newsletter, containing a statement by such organization in support of or opposition to a candidate or issue, which newsletter is distributed only to members of such organization.
(b) As used in chapter 106, an “expenditure” for an electioneering communication is made when the earliest of the following occurs:
1. A person enters into a contract for applicable goods or services;
2. A person makes payment, in whole or in part, for the production or public dissemination of applicable goods or services; or
3. The electioneering communication is publicly disseminated. Fla. Stat. § 106.011(10).
2. Definition for Contribution
(a) A gift, subscription, conveyance, deposit, loan, payment, or distribution of money or anything of value, including contributions in kind having an attributable monetary value in any form, made for the purpose of influencing the results of an election or making an electioneering communication.
(b) A transfer of funds between political committees, between electioneering communications organizations, or between any combination of these groups.
(c) The payment, by a person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to a candidate or political committee without charge to the candidate or committee for such services.
(d) The transfer of funds by a campaign treasurer or deputy campaign treasurer between a primary depository and a separate interest-bearing account or certificate of deposit, and the term includes interest earned on such account or certificate.
Notwithstanding the foregoing meanings of “contribution,” the term may not be construed to include services, including, but not limited to, legal and accounting services, provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate or political committee or editorial endorsements. Fla. Stat. § 106.011(5).
3. Definition for Person
An individual or a corporation, association, firm, partnership, joint venture, joint stock company, club, organization, estate, trust, business trust, syndicate, or other combination of individuals having collective capacity. The term includes a political party, affiliated party committee, or political committee. Fla. Stat. § 106.011(14).
4. Definition for Division
The Division of Elections of the Department of State. Fla. Stat. § 97.021(8).
5. Definition for Candidate
Any person to whom any one or more of the following applies:
Regulations & Guidance
Fla. Jur. 2d Elections s 103, Campaign treasurers; depositories
Fla. Jur. 2d Elections s 111, Reports by person making independent expenditure
Fla. Jur. 2d Elections s 222, Offenses relating to campaign literature and political advertisements
Constitutionality, Construction, and Application of Statute or Regulatory Action Respecting Political Advertising-Print Media Cases
Lobbying, PACs, and Campaign Finance s 11:81, Who may make contributions or expenditures-individuals
Lobbying, PACs, and Campaign Finance s 11:84, Limits on contributions or expenditures-PACs, corporations, lobbyists’ principals, etc.
Lobbying, PACs, and Campaign Finance s 11:91, Contributions or expenditures to political parties; issue advocacy; corporate activity on referenda; independent expenditures
Top 10 Things You Should Know Before You Run for Public Office, 85-OCT Fla. B.J. 45