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A detailed question and answer prepared by the Division of Elections on the Resign to Run law in Florida is available on their website.
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A candidate must file an Appointment of Campaign Treasurer and Designation of Campaign Depository (Form DS-DE 9) with the City Clerk's Office before any contributions are accepted or expenditures are made (106.021, Florida Statutes). The DS-DE 9 must be filed with the City Clerk's Office before a bank account is opened and prior to collecting petition signatures. Special district candidates who do not collect contributions and whose only expense is the signature verification fee or filing fee may collect petitions without filing the DS-DE 9 [Section 99.061 (3) Florida Statutes].
Yes. Only the treasurer and deputy campaign treasurer may sign campaign checks. (Florida Statutes 106.021(1)(c)
No. Effective January 1, 2008 the campaign treasurer does not have to be a registered voter in Florida.
Yes. A deputy treasurer may perform all of the duties of a campaign treasurer when specifically authorized to do so by the campaign treasurer and the candidate. (Florida Statutes 106.021(4))
No. Campaign financing laws do not provide for an extension for filing campaign reports under any circumstances.
The contribution limits for a candidate is $1,000 per election is the limit you may accept from a contributor. That includes either monetary or in-kind or the combination of both from an individual contributor. For contribution purposes, the primary and general elections are considered separate elections (Florida Statutes 106.08). For cash or a cashier’s check the contribution limit is $50 (Florida Statutes 106.09(1)).
An in-kind contribution is anything having a monetary value in any form. (Florida Statutes 106.011(3)(a)) Any person who makes an in-kind contribution shall place a fair market value on such contribution (Florida Statutes 106.055). In-kind contributions are subject to the same contribution limitations set for monetary contributions.
You may accept an in-kind contribution up to the contribution limit threshold. You may not exceed the limit. You may pay, with campaign funds, for the office space after the limit is reached. (Florida Statutes 106.08)
Yes. Florida law provides no exceptions for the reporting of contribution information, regardless of the size of the contribution. The full name and address of the contributor is also required. Your report will be considered incomplete without the full name and address of each contributor. (Florida Statutes 106.07(4)(a)(1)
No. Only if the amount is over $100. The occupation must be specific. Listing occupation as businessman, business owner or executive is not specific. If a business contributes more than $100, the principal type of business must be listed. (Florida Statutes 106.07 (4)(a)(1)
We recommend candidates not accept anonymous contributions and avoid the hassle entirely. However, if an anonymous contribution is accepted, it may not be spent to the furtherance of your campaign. The anonymous contribution should be reported on the campaign report specifically as an anonymous contribution. A cover letter should accompany the report explaining that the contribution is anonymous and therefore impossible to return. The candidate is not to spend the contribution and at the end of the campaign, donate the amount of the anonymous contribution to an appropriate entity under Florida Statutes 106.141. (Division of Elections Opinion 89-02)
"Campaign Account of (Name of Candidate)," is recommended. See Florida Statutes 106.11(1)(b) for minimum account information required for campaign checks. The Candidate and Campaign Treasurer's Handbook (PDF) published by the Division of Elections is another good resource.
No person shall make, solicit or accept any political contribution in a building owned by a governmental entity (accept means to receive a contribution by personal hand delivery from a contributor or the contributor's agent). This does not apply when a government-owned building or a portion thereof is rented for the specific purpose of holding a campaign fundraiser. (Florida Statutes 106.15(4))
All contributions must be deposited into the campaign account prior to the end of the 5th business day following receipt excluding Saturdays, Sundays and legal holidays. All deposits must be accompanied by a bank deposit slip containing the name of each contributor and the amount contributed by each. (Florida Statutes 106.05)
A candidate may use a debit card to make campaign expenditures. Debit cards are considered bank checks if they are obtained from the same bank that has been designated as the candidate's primary campaign depository. A debit card must be issued in the name of the treasurer, deputy treasurer, or authorized user and state the name of the campaign account of the candidate. The person using the debit card cannot receive cash as part of any transaction. The treasurer, deputy treasurer or authorized user must sign each transaction. (Florida Statutes 106.11(2))
No. Credit cards may not be used by candidates running for local office. (Florida Statutes 106.125)
The campaign treasurer or candidate may, until the close of the last day of qualifying for office, withdraw the amount of $500 per calendar quarter. Following the close of the last day of qualifying and until the election, the campaign treasurer or candidate may withdraw $100 per week ($500 per week for candidates for statewide office). Petty cash may be spent only in amounts of less than $100 and only for office supplies, transportation expenses, and other necessities. Petty cash shall not be used for the purchase of time, space, or services from communications media. The total amount withdrawn and the total amount spent must be reported in each reporting period. (Florida Statutes 106.12)
A candidate must file a new Designation of Campaign Treasurer form (DS-DE 9). Within 15 days of the change of filing, the candidate must notify all contributors in writing and offer to return a pro rata share of his/her contribution - make sure to enclose the DS-DE 86 Request for Return of Contribution form. If the contributor returns the form within 30 days, then he/she is entitled to a pro rata share of his/ her contribution. Any contributions not requested to be returned within the 30-day period may be used by the candidate for the newly designated office. (Florida Statutes 106.021(1))
In 2022, the City of Jacksonville Beach implemented an online campaign finance portal for recording and reporting of campaign finance activity. The City Clerk is the qualifying officer. You are encouraged to submit all campaign reports online if possible. You must begin filing reports after filing the Appointment of Campaign Treasurer and Designation of Campaign Depository, form DS-DE 9 to the City Clerk at:City Hall11 N Third StreetJacksonville Beach, FL 32250
Yes. Each candidate is required to use closed-captioning and descriptive narrative in all television broadcasts regulated by the Federal Communication Commission or file a written statement with the filing officer stating reasons for not doing so. For local offices the City Clerk's Office is your filing officer. (Florida Statutes 106.165)
No. Pursuant to Section 849.09, Florida Statutes, it is unlawful for any person in this state to set up, promote, or conduct any lottery for money or anything of value.
Any candidate failing to file a report on the designated due date shall be subject to a fine of $50 per day for the first three days late and, thereafter, $500 per day for each late day, not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report. However, for the reports immediately preceding the primary and general election, the fine shall be $500 per day for each late day, not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report. For a candidate's termination report, the fine shall be $50 per day for each late day, not to exceed 25% of the total receipts or expenditures, whichever is greater for the period covered by the late report. All fines must be paid from the candidate's personal funds - not campaign funds. (Section 106.07(2) and (8), Florida Statutes)
Any political advertisement that is paid for by a candidate (except a write-in candidate) and that is published, displayed, or circulated before, or on the day of, any election must prominently state a disclaimer. However, there are a few exceptions. For the most up-to-date information, please refer to the Candidate and Campaign Treasurer Handbook: Division of Elections Publications.
Signatures may not be obtained until the candidate has filed the Appointment of Campaign Treasurer and Designation of Campaign Depository form (DS-DE 9). The petitions are valid only for the qualifying period immediately following such filings. (Florida Statutes 99.095)