This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h7061.SAC
DATE: 2/19/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 7061 PCB SAC 24-04 Campaign Finance
SPONSOR(S): State Affairs Committee, Fabricio
TIED BILLS: HJR 7059 IDEN./SIM. BILLS: SB 1116
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: State Affairs Committee 15 Y, 4 N Toliver Williamson
SUMMARY ANALYSIS
In 1986, the Legislature created the Florida Election Campaign Financing Act (Act) for the public financing of
statewide candidates. The Act created a framework for the public financing of statewide campaigns, set
eligibility requirements and expenditure limitations for participating candidates, established a supporting trust
fund, and created a distribution formula for public contributions to candidates. Only candidates for the offices of
Governor (Governor and Lieutenant Governor candidates are considered a single candidate for public
financing purposes) or Cabinet are eligible for funding under the Act.
In 1998, the Florida electorate approved amendment 10 to the Florida Constitution that required the
establishment of a method of public financing for campaigns for statewide office. The amendment was
incorporated in the Florida Constitution as Art. VI, s. 7.
HJR 7059 (2024) repeals Art. VI, s. 7. of the Florida Constitution — the public campaign financing amendment.
If the joint resolution passes each chamber with a three-fifths vote, it will be placed on the general election
ballot in 2024. If the electorate approves the amendment with at least 60 percent of electors voting in favor of
its passage, it will repeal the public financing amendment.
This bill, which is linked to the passage of HJR 7059, repeals the Act in its entirety along with any references
thereto. The bill will only become law if HJR 7059 passes the Legislature and is approved by the electorate.
The bill, if passed in conjunction with HJR 7059, will likely have a positive fiscal impact on the state.
STORAGE NAME: h7061.SAC PAGE: 2
DATE: 2/19/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
The Florida Election Campaign Financing Act
In 1986,
1
the Legislature, concerned that the costs of running a campaign for statewide office limited
the persons who would run to only those who were independently wealthy or those supported by
special interests,
2
created the Florida Election Campaign Financing Act (the Act).
3
The Act created a
framework for the public financing of statewide campaigns, setting eligibility requirements and
expenditure limitations for participating candidates, and establishing a supporting trust fund.
4
Only candidates for the offices of Governor (Governor and Lieutenant Governor candidates are
considered a ‘single’ candidate for public financing purposes) or Cabinet are eligible for funding.
5
A
candidate for one of those offices seeking to receive public funding under the Act must:
File a request with the Division of Elections (division) within the Department of State upon
qualifying for office.
6
Agree to abide by the Act’s expenditure limits.
7
Raise a certain amount of contributions ($150,000 for gubernatorial candidates, $100,000 for
cabinet candidates).
8
Limit loans or contributions from the candidate’s personal funds to $25,000 and contributions
from national, state, and county executive committees of a political party to $250,000 in the
aggregate.
9
Submit to a postelection audit of the campaign account by the division.
10
Gubernatorial candidates and candidates for cabinet officer must limit their expenditures
11
according to
the following schedule: $2.00 for each Florida-registered voter
12
for Governor and Lieutenant Governor
or $1.00 for each Florida-registered voter for cabinet officer.
13
The expenditure limits for the 2022
election cycle were as follows:
Governor and Lieutenant Governor: $30,286,714.00.
Cabinet Officer: $15,143,357.00.
14
If a candidate who is not receiving public campaign funds exceeds the expenditure limitations set forth
in the Act, then a participating candidate is released from abiding by the expenditure limits.
15
The
division reviews each request for public contributions and certifies whether the candidate is eligible
1
Chapter 86-276, L.O.F.
2
Section 106.31, F.S.
3
Section 106.30, F.S., states that ss. 106.30-106.36, F.S., may be cited as the “Florida Election Campaign Financing Act.”
4
On November 4, 1996, the trust fund expired by operation of Art. III, s. 19(f)(2), FLA. CONST. See note in s. 106.32, F.S. All
balances and income from the defunct fund were deposited in the state General Revenue Fund. Art. III, s. 19(f)(4), FLA. CONST.
5
Section 106.33, F.S.
6
Id.; see also r. 1S-2.047, F.A.C.
7
Section 106.33(1), F.S.; see also s. 106.34, F.S.
8
Section 106.33(2), F.S.
9
Section 106.33(3), F.S.
10
Section 106.33(4), F.S.
11
See s. 106.011(10)(a), F.S., for the definition of “expenditure.” For purposes of the Act, “expenditure” does not include the payment
of compensation for legal and accounting services rendered on behalf of a candidate. Section 106.34(4), F.S.
12
The Act defines the term “Florida-registered voter” as a voter who is registered to vote in Florida as of June 30 of each odd-
numbered year. The division must certify the total number of Florida-registered voters no later than July 31 of each odd-numbered
year. Section 106.34(3), F.S.
13
Section 106.34(1), F.S.
14
Department of State, 2022 Public Campaign Financing Matching Funds Handbook,
https://files.floridados.gov/media/705135/public_campaign_financing_2022_final-1.pdf (last visited Feb. 2, 2024).
15
Section 106.355, F.S. STORAGE NAME: h7061.SAC PAGE: 3
DATE: 2/19/2024
before distribution.
16
If certified, the candidate receives qualifying matching contributions on a two-to-
one basis for contributions making up the amount of funds needed to initially become eligible for public
financing and on a one-to-one basis thereafter.
17
The one-to-one match only applies to contributions of
$250 or less per individual; any amount contributed by an individual in excess of $250 will only be
matched up to $250.
18
Additionally, for the match to occur, the individual from whom the contributions
are received must be a resident of the state.
19
The funds are distributed from the general revenue
fund.
20
Total distributions for the 2014, 2018, and 2022 election cycles were as follows:
Election Cycle Distributions
Office 2014 Election Cycle
21
2018 Election Cycle
22
2022 Election Cycle
23
Governor (Lt. Gov.) $2,830,194.03 $8,151,124.58 $12,135,026.82
Attorney General $628,440.64 $933,187.02 $468,918.76
Chief Financial
Officer
$418,396.06 $334,604.00 $411,204.23
Commissioner of
Agriculture
$459,009.31 $433,690.16 $0
Total $4,336,040.04 $9,852,605.76 $13,015,149.81
The purpose of the constitutional provision is so that all qualified candidates “may compete
effectively.”
24
This purpose has been questioned by at least one court.
25
A participating candidate who exceeds the expenditure limit or falsely reports qualifying matching
contributions and thereby receives contributions to which the candidate was not entitled is fined an
amount equal to three times the amount at issue.
26
Public Campaign Financing Amendment
In 1998, the Constitution Revision Commission,
27
a body that meets every 20 years to consider
amendments to the Florida Constitution, placed an amendment on the general election ballot requiring
the establishment of a method of public financing for candidates for statewide office.
28
The amendment
was approved by the electorate, garnering 64.1 percent of the vote.
29
The constitutional provision is
presently found in Article VI, s. 7 of the Florida Constitution and provides that “[i]t is the policy of this
state to provide for state-wide elections in which all qualified candidates may compete effectively.”
30
The provision requires the Legislature to establish in law a method of public financing for campaigns for
statewide office.
31
The provision further requires spending limits be created for any candidate who
chooses to use the public financing option.
32
16
Section 106.35(1), F.S.
17
Section 106.35(2)(a), F.S.
18
Section 106.35(2)(b), F.S.
19
Id.
20
On November 4, 1996, the trust fund expired by operation of Art. III, s. 19(f)(2), FLA. CONST. See note in s. 106.32, F.S. All
balances and income from the defunct fund were deposited into the state General Revenue Fund. Art. III, s. 19(f)(4), FLA. CONST.
21
Department of State, Public Campaign Finance 2014, https://dos.fl.gov/elections/candidates-committees/campaign-finance/public-
campaign-finance-matching-funds-program/public-campaign-finance-2014/ (last visited Feb. 2, 2024).
22
Department of State, Public Campaign Finance 2018, https://dos.fl.gov/elections/candidates-committees/campaign-finance/public-
campaign-finance-matching-funds-program/public-campaign-finance-2018/ (last visited Feb. 2, 2024).
23
Department of State, Public Campaign Finance 2022, https://dos.fl.gov/elections/candidates-committees/campaign-finance/public-
campaign-finance-matching-funds-program/public-campaign-finance-2022/ (last visited Feb. 2, 2024).
24
Article VI, s. 7, FLA. CONST.
25
Scott v. Roberts, 612 F.3d 1279, 1293 (11th Cir. 2010) (“the system levels the electoral playing field, and that purpose is
constitutionally problematic”).
26
Section 106.36, F.S.
27
Article XI, s. 2, FLA. CONST.
28
Department of State, 1998 Election Results, https://results.elections.myflorida.com/?ElectionDate=11/3/1998&DATAMODE= (last
visited Feb. 2, 2024).
29
Id.
30
Article VI, s. 7, FLA. CONST.
31
Id.
32
Id. STORAGE NAME: h7061.SAC PAGE: 4
DATE: 2/19/2024
In 2009, the Legislature passed HJR 81, which proposed a constitutional amendment to repeal the
public campaign financing amendment. The proposed amendment was placed on the ballot at the 2010
general election. The amendment failed to pass the required 60 percent threshold, garnering 52.5
percent of the vote, and therefore was not incorporated into the Florida Constitution.
33
HJR 7059 (2024)
HJR 7059 repeals Art. VI, s. 7. of the Florida Constitution, the public campaign financing amendment. If
the joint resolution passes each chamber with a three-fifths vote it will be placed on the general election
ballot in 2024. If the electorate approves the amendment with at least 60 percent of electors voting in
favor of its passage,
34
it will repeal the public financing amendment.
Effect of the Bill
The bill, which is linked to the passage of HJR 7059, repeals the Act in its entirety along with any
references thereto. The bill will only become law if HJR 7059 passes the Legislature and is approved
by the electorate.
B. SECTION DIRECTORY:
Section 1 repeals ss. 106.30, 106.31, 106.32, 106.33, 106.34, 106.35, 106.353, 106.355, and 106.36,
F.S., relating to the Act.
Section 2 amends s. 106.021, F.S., relating to campaign treasurers and depositories.
Section 3 amends s. 106.141, F.S., relating to the disposition of surplus funds by candidates.
Section 4 amends s. 106.22, F.S., relating to duties of the division.
Section 5 amends s. 328.72, F.S., relating to vessel classification and registration.
Section 6 provides a contingent effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
33
Department of State, 2010 Election Results,
https://results.elections.myflorida.com/Index.asp?ElectionDate=11/2/2010&DATAMODE= (last visited Feb. 3, 2024).
34
Article XI, s. 5, FLA. CONST. STORAGE NAME: h7061.SAC PAGE: 5
DATE: 2/19/2024
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
Article XI, s. 5(d) of the Florida Constitution requires publication of a proposed amendment in a
newspaper of general circulation in each county. The division must advertise the full text of a proposed
constitutional amendment twice in a newspaper of general circulation in each county before the
election,
35
and provide each supervisor of elections with either booklets or posters displaying the full
text of a proposed amendment.
36
The statewide average cost to advertise constitutional amendments,
in English and Spanish, in newspapers for the 2018 election cycle was $92.93 per English word of the
originating document.
If passed in conjunction with HJR 7059, the resolution will likely have a positive fiscal impact on the
state. This bill repeals the Act that contains the statutory framework for the public financing of statewide
campaigns. Elimination of the public campaign financing amendment and the Act in chapter 106, F.S.,
would allow the funds currently expended for those purposes to be diverted elsewhere. The
Department of State asserts that $13,015,149.81 was spent on the public financing of campaigns in
2022,
37
$9,852,605.76 in 2018,
38
$4,336,040.04 in 2014,
39
and $6,065,556.11 in 2010.
40
As the original
trust fund for the public campaign financing program expired in 1996, these funds are currently
distributed from general revenue.
41
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not confer rulemaking authority nor require the promulgation of rules. However, its
passage will result in the repeal of the rule implementing the Florida Election Campaign Financing
Act.
42
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.
35
Article XI, s. 5(d), FLA. CONST.
36
Section 101.171, F.S.
37
Department of State, Public Campaign Finance 2022, https://dos.fl.gov/elections/candidates-committees/campaign-finance/public-
campaign-finance-matching-funds-program/public-campaign-finance-2022/ (last visited Feb. 2, 2024).
38
Department of State, Public Campaign Finance 2018, https://dos.fl.gov/elections/candidates-committees/campaign-finance/public-
campaign-finance-matching-funds-program/public-campaign-finance-2018/ (last visited Feb. 2, 2024).
39
Department of State, Public Campaign Finance 2014, https://dos.fl.gov/elections/candidates-committees/campaign-finance/public-
campaign-finance-matching-funds-program/public-campaign-finance-2014/ (last visited Feb. 2, 2024).
40
Department of State, Public Campaign Finance 2010, https://dos.fl.gov/elections/candidates-committees/campaign-finance/public-
campaign-finance-matching-funds-program/public-campaign-finance-2010/ (last visited Feb. 2, 2024).
41
On November 4, 1996, the trust fund expired by operation of Art. III, s. 19(f)(2), FLA. CONST. See note in s. 106.32, F.S. All
balances and income from the defunct fund were deposited into the state General Revenue Fund. Art. III, s. 19(f)(4), FLA. CONST.
42
See r. 1S-2.047, F.A.C. STORAGE NAME: h7061.SAC PAGE: 6
DATE: 2/19/2024