Becoming a Committee

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Forming A Committee

Florida election law has provisions for two types of committees. Persons or organizations involved in political activity must first determine which type of committee they wish to register as.

The types of committees are:

1. Political Committee; or
2. Committee of Continuous Existence

Political Committee

According to Florida Statute 106.011(1)(a) a Political Committee means:

A combination of two or more individuals, or a person other than an individual, that, in an aggregate amount in excess of $500 during a single calendar year:

Accepts contributions for the purpose of making contributions to any candidate, political committee, committee of continuous existence, or political party;

Accepts contributions for the purpose of expressly advocating the election or defeat of a candidate or the passage or defeat of an issue;

Makes expenditures that expressly advocate the election or defeat of a candidate or the passage or defeat of an issue; or

Makes contributions to a common fund, other than a joint checking account between spouses, from which contributions are made to any candidate, political committee, committee of continuous existence, or political party;

The sponsor of a proposed constitutional amendment by initiative who intends to seek the signatures of registered electors.

A political committee is not an organization whose activities are limited to making expenditures for electioneering communications or accepting contributions for the purpose of making electioneering communications. However, the organization is required to register and report contributions, including those received from committees of continuous existence, and expenditures in the same manner, at the same time, subject to the same penalties, and with the same filing officer as a political committee supporting or opposing a candidate or issue contained in the electioneering communication. If the organization would be required to register and report with more than one filing officer, the organization shall register and report solely wit the Division of Elections.

(2) "Committee of continuous existence" means any group, organization, association, or other such entity which is certified pursuant to the provisions of s. 106.04.

Committee of Continuous Existence

According to Florida Statute 106.011(2) a Committee of Continuous Existence means:

A group, organization, association, or other such entity which is certified pursuant to the provisions of Section 106.04, F.S.

In order to qualify as a committee of continuous existence, a group, organization, association, or other entity which is involved in making contributions to candidates, political committees, or political parties, shall meet the following criteria:

1. It shall be organized and operated in accordance with a written charter or set of
     bylaws which contains procedures for the election of officers and directors and
     which clearly defines membership in the organization; and

2. At least 25% of the income of such organization, excluding interest, must be
     derived from dues or assessments payable on a regular basis by its membership
     pursuant to provisions contained in the charter or bylaws.

COMMITTEE COMPARISONS

Political Committee (PC) Committee of Continuous Existence (CCE)

Purpose To support or oppose any candidate, issue, PC or political party.
May make independent expenditures.
To make contributions to candidates, committees or political parties.
May contribute to PCs supporting or opposing an issue if such contributions do not exceed 25% of its annual income as reported for the previous year.

May not make independent expenditures.
May not make electioneering communications.

Special Criteria None.

Must be organized and operated in accordance with a written charter or bylaws which contain procedures for the election of officers and define membership in the organization.
At least 25% of the income, excluding interest, of the organization must come from dues of members.

Initial Filings Statement of Organization
Appointment of Campaign Treasurer and Designation of Campaign Depository for Political Committees

Registered Agent Statement of Appointment
Application of Certification
Charter or Bylaws

Dues or assessment schedule

Financial statement for preceding 12 months
Registered Agent Statement of Appointment

Campaign Accounts Funds must be deposited in a campaign depository designated "(Name of Committee) Campaign Account)."
Funds may be used only for PC activity and only for the purpose of influencing the results of an election.
May use the organization’s checking account.

Limits on Contributions to the Committee PC supporting or opposing issues only – no limit.
PC supporting or opposing one or more candidates - $500 per election.

PC supporting or opposing both candidates and issues - $500 per election.
As long as the requirements under "Special Criteria" are maintained there is no limit.

Limits on Contributions By the Committee PC contribution to a candidate - $500 per election.
PC expenditures in support of or opposition to issues – no limit.
PC to a political party - no limit.
CCE to a candidate or PC supporting candidates - $500 per election.

CCE to a OC supporting issues-not to exceed 25% of its annual income as reported on the annual report from the previous year.
CCE to a political party – no limit.

Restrictions A person may not make, solicit, or knowingly accept any political contribution in a building owned by a governmental entity. A CCE must register as a PC in order to directly support or oppose issues.
A person may not make, solicit, or knowingly accept any political contribution in a building owned by a governmental entity.

May not make independent expenditures

May not make electioneering communications.

When to File Reports 10th day following the end of each calendar quarter from the time the campaign treasurer is appointed. After qualifying, on the 32nd, 18th and 4th days preceding the primary election and the 46th, 32nd, 18th and 4th days preceding the general election. 10th day following the end of each calendar quarter from the time the campaign treasurer is appointed. After qualifying, on the 32nd, 18th and 4th days preceding the primary election and the 46th, 32nd, 18th and 4th days preceding the general election.
Annual report filed in January of each year.

Where to File Reports Division of Elections – if supports or opposes statewide, legislative, or multi-county candidates or issues.
Supervisor of Elections – if supports or opposes candidates or issues in a countywide or less than a countywide election, except municipal.

Municipal Clerk – if supports or opposes municipal candidates or issues.

A PC that would be required to file in more than one location files only with the Division of Elections.
Division of Elections with duplicate copies of all reports filed with the supervisor of elections in the county in which the committee maintains its books and records.
Any CCE which maintains its books and records in Leon County need only file with the Division of Elections.

What to File Name and address of each person making a contribution to the PC.
Each expenditure of the PC.

Specific occupation or principal type of business of each person contributing over $100.

Primary purpose of expenditures made indirectly through a campaign treasurer for goods or services such as communications media placement or procurement services, campaign signs, insurance, and other expenditures that include multiple components as part of the expenditure. The primary purpose is the purpose that comprises 80% of the total expenditures.
Name, address, and occupation of each person who has made one or more contributions, including contributions that represent the payment of membership dues; specific occupation or principal type of business of each person contributing over $100; however, if the person’s dues contributions aggregate no more than $250 per calendar year, only the aggregate amount of the contributions need be listed.
Name and address of each person to whom expenditures have been made, including the amount, date and purpose of the expenditure; the name and address and office sought by, each candidate on whose behalf such expenditure was made.

Transfer of funds between committees.

(Sections 106.021, 106.03, 106.04, 106.05, 106.07, 106.08 & 106.15, F.S.)

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