§ 106.09 Cash contributions and contribution by cashier’s checks.
Overview of Statute
This statute governs the aggregate cash and cashier’s check contribution limits, which are capped at $50 per election.
(1)(a) A person may not make an aggregate cash contribution or contribution by means of a cashier’s check to the same candidate or committee in excess of $50 per election.
(b) A person may not accept an aggregate cash contribution or contribution by means of a cashier’s check from the same contributor in excess of $50 per election.
s. 9, ch. 73-128; s. 48, ch. 77-175; s. 2, ch. 2002-281; s. 45, ch. 2007-30; s. 63, ch. 2011-40.
1. 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).
2. 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).
3. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
4. Definition for Candidate
Any person to whom any one or more of the following applies:
Case Name: Worley v. Roberts
Citation: 749 F.Supp.2d 1321
Federal District Court: Northern District of Florida
Case Summary: Worley v. Roberts held that a preliminary injunction was not warranted as to disclosure of contributors, but that a preliminary injunction was warranted as to barring enforcement of limitations on spending contributions received in the final 5 days before an election.
Regulations & Guidance
Fla. Jur. 2d Elections s 104, Contributions
Fla. Jur. 2d Elections s 219, Offenses relating to campaign financing
Lobbying, PACs, and Campaign Finance s 11:89, Prohibited practices-Individuals
Top 10 Things You Should Know Before You Run for Public Office, 85-OCT Fla. B.J. 45
0050 Surveys 3; Limits on Individual Contributions to Candidates