Florida Election Code Chapter 106: Contributions and Disclosures

Florida’s campaign finance rules live in Chapter 106 of the state election code, and they govern every candidate, committee, and major spender trying to influence a Florida election. Contributions are capped at $1,000 per election for legislative, county, and judicial races and $3,000 per election for statewide offices and Supreme Court retention votes.1Florida Senate. Florida Code 106.08 – Contributions; Limitations on Contributions Every dollar in and out must move through a single designated campaign bank account and appear in periodic public reports, with automatic fines for late filing and criminal penalties for willful violations.

How Much Can Be Donated

The cap depends on the office. Candidates for statewide office and Supreme Court retention races can accept up to $3,000 per election from any single person or political committee. A governor and lieutenant governor running together count as one candidate for that limit.1Florida Senate. Florida Code 106.08 – Contributions; Limitations on Contributions

The cap drops to $1,000 per election for legislative seats, county offices, circuit and county court judges, multicounty offices, and district court of appeal retention races.2Online Sunshine. Florida Code 106.08 – Contributions; Limitations on Contributions

The limits apply per election, not per cycle. The primary and the general are separate. A donor who maxes out before the primary can give the full amount again for the general if the candidate advances.1Florida Senate. Florida Code 106.08 – Contributions; Limitations on Contributions Political parties and affiliated party committees are not subject to these per-election caps.

What Counts as a Contribution

The definition is broad. Cash, checks, and loans all count, and so does anything of value given to influence an election. In-kind donations such as free office space, printing, or equipment are contributions. So are transfers between political committees, and payments to workers who help a campaign without billing it for their services.3Online Sunshine. Florida Code 106.011 – Definitions

Volunteering your own time is not a contribution, even if you are a lawyer, accountant, or other professional whose time would ordinarily be billed. Foreign nationals cannot make or offer any contribution or expenditure connected to a Florida election.1Florida Senate. Florida Code 106.08 – Contributions; Limitations on Contributions

When a Group Has to Register as a Political Committee

Any organization that receives contributions or makes expenditures totaling more than $500 in a calendar year has to register by filing a Statement of Organization. The filing is due within ten days of formation, or immediately if the group forms within ten days of an election.4Florida Senate. Florida Code 106.03 – Registration of Political Committees and Electioneering Communications Organizations

Registration includes naming a campaign treasurer and opening a primary campaign depository at a qualified bank. All funds move through that single account. Groups that spend money before completing registration, or drop contributions into an undesignated account, create compliance problems before they raise their first serious dollar.

Reporting and Public Disclosure

Every candidate and political committee files periodic reports listing all contributions received and all expenditures made. Each report has to include the full name and address of every contributor, the date and amount of every transaction, and a description of every expenditure. Individual contributions above $100 also require the donor’s occupation. Reports are filed electronically with the Division of Elections for state-level races or with local filing officers for local races.5Florida Senate. Florida Code 106.07 – Reports; Certification and Filing

Filed reports become public record. Anyone can review who is funding a candidate before voting. The filing schedule tightens as the election approaches.

Missing a deadline triggers automatic fines. The rate is $50 per day for the first three days late, then $500 per day after that, capped at 25 percent of whichever is greater between total receipts and total expenditures for the reporting period. For reports due immediately before a primary, general, or special election, the fine is $500 per day from day one.6Online Sunshine. Florida Code 106.07 – Reports; Certification and Filing No investigation is required to impose them, which is why late reports are among the most common violations.

Disclaimers on Political Ads

Every political advertisement carries a required disclaimer, whether it runs on television, radio, in the mail, on a yard sign, or online. Candidate-funded ads must prominently state the candidate’s name, party affiliation, and office sought, along with language showing the candidate paid for and approved the message. The law offers two acceptable formats: “Political advertisement paid for and approved by [name], [party], for [office]” or the shorter “Paid by [name], [party], for [office].”7Florida Senate. Florida Code 106.143 – Political Advertisements Circulated Prior to Election; Requirements

Ads paid for by anyone other than the candidate follow different rules. They have to be marked “paid political advertisement” (or the abbreviation “pd. pol. adv.”), identify who paid, and disclose whether production was provided in-kind. If the ad is an independent expenditure not coordinated with the candidate, it must say explicitly that no candidate approved it. The person making the independent expenditure also has to give the media outlet distributing the ad a written statement to that effect.7Florida Senate. Florida Code 106.143 – Political Advertisements Circulated Prior to Election; Requirements

In-kind ads from a political party need their own language: “Paid political advertisement paid for in-kind by [party name]. Approved by [candidate name, party affiliation, and office sought].” Digital ads with tight character limits are a common place where disclaimers go wrong.

Spending Campaign Money

All expenditures flow through the campaign depository. The account has to be kept separate from any personal accounts and used only for depositing contributions and paying campaign-related expenses.8Florida Senate. Florida Code 106.11 – Expenses of and Expenditures by Candidates and Political Committees Personal living expenses, unrelated debts, and anything not tied to influencing the election are off limits. Credit card charges paid with campaign funds have to be directly election-related.

The depository requirement creates a complete paper trail. When something is paid for outside that account, there is no documented link to a legitimate campaign purpose, and the gap by itself can trigger an investigation.

Independent Expenditures

An independent expenditure is money spent to support or oppose a candidate or ballot issue without coordinating with a campaign. Anyone whose independent expenditures reach $5,000 or more in the aggregate has to file periodic reports on the same schedule, with the same filing officer, and subject to the same penalties as a political committee. Reports have to identify who spent the money, who received it, what was purchased, and which candidate or issue the spending was aimed at.9Florida Senate. Florida Code 106.071 – Independent Expenditures; Reporting Requirements

The $5,000 threshold applies to individuals as well as organizations. Someone who personally spends $5,000 on mailers opposing a local ballot measure is on the hook for the full reporting framework. The threshold is cumulative across the cycle, so a series of smaller expenditures can add up to trigger it.

What Happens to Leftover Funds

Within 90 days of withdrawing, becoming unopposed, losing, or winning, a candidate has to empty the campaign account and file a final report showing where the remaining money went. Once that 90-day window opens, no more contributions can be accepted.10Florida Senate. Florida Code 106.141 – Disposition of Surplus Funds by Candidates

Options for the leftover balance include:

  • Refunding contributions to donors pro rata.
  • Donating to one or more 501(c)(3) charities, provided the candidate is not employed by the recipient.
  • Transferring up to $25,000 to the candidate’s affiliated party committee or political party.
  • Depositing into the state’s General Revenue Fund, or for local candidates, the political subdivision’s general fund.

Winning candidates get extra flexibility. They can move a capped amount into an office account for expenses related to holding the position, with the cap set by the office. State officeholders can also keep up to $20,000 in the campaign account for a future run for the same office.10Florida Senate. Florida Code 106.141 – Disposition of Surplus Funds by Candidates

Enforcement and Penalties

The Florida Elections Commission investigates alleged violations of Chapter 106 and the criminal provisions in Chapter 104. Investigations start only after a sworn complaint or a referral from the Division of Elections. A sworn complaint has to be based on personal knowledge, not hearsay, and has to be filed within two years of the alleged violation.11Online Sunshine. Florida Code 106.25 – Florida Elections Commission; Duties

When the Commission finds a violation, it can impose civil fines of up to $2,500 per count. Beginning with a fourth offense in the same category, fines can be tripled to $7,500 per count.12Online Sunshine. Florida Code 106.265 – Civil Penalties Cases pointing to intentional wrongdoing can be referred to the state attorney for criminal prosecution.

Criminal Charges for Willful Violations

Anyone who knowingly and willfully violates Chapter 106 faces criminal charges on top of any civil penalty. Accepting over-limit contributions, failing to report required contributions, falsifying campaign reports, or making unauthorized expenditures are first-degree misdemeanors when done intentionally, punishable by up to one year in jail.13Florida Senate. Florida Code 106.19 – Violations by Candidates, Campaign Managers, or Treasurers; Penalty

A separate civil penalty of three times the amount of money involved in the illegal act runs alongside any criminal sentence. A $10,000 illegal contribution triggers a $30,000 civil penalty on top of whatever the court imposes criminally.14Florida Senate. Florida Code 106.19 – Violations by Candidates, Campaign Managers, or Treasurers; Penalty The word “knowingly” does a lot of work in that statute. Accidental reporting errors and bookkeeping mistakes are handled through civil enforcement. Criminal charges are reserved for deliberate deception.