Campaign Reports - Electioneering Communications
Organizations whose activities are limited to making expenditures for electioneering communications or accepting contributions for the purpose of making electioneering communications shall be 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. (Section 106.011(1), F.S.)
Where to File
Reports are filed with the officer before whom the electioneering communication organization registers. Organizations filing reports with the Division of Elections are required to file by means of the Electronic Filing System (EFS). If the organization's filing officer is other than the Division of Elections, contact the appropriate filing officer to find out their requirements.
Accessing the EFS
Using Internet Explorer, access the EFS at: efs.dos.state.fl.us/Default.aspx Each chairperson is provided an identification number and initial password to gain entry. Once you log in using the initial password, you will be prompted to change it to a confidential one. You are responsible for protecting the password from disclosure. Contact the Division of Elections immediately if your password has been compromised. The chairperson should create a recovery question in case the password is lost or forgotten. Please refer to the EFS User Guide for Electioneering Communications Organizations for instructions.
EFS HELP LINE: 850.245.6280
Creating Reports
Campaign reports must be entered, saved, reviewed and filed using the EFS. Reports will be held in pending status until the report is ready to be submitted. Approved software is not required in order to file electronically. Data may be entered directly into the EFS. However, the Division of Elections maintains a list of approved software vendors whose programs meet the file specifications for filing campaign reports, thereby allowing reports to be uploaded to the EFS. Instructions for uploading reports are provided in the EFS User's Guide.
Waiver of Report
A waiver of report indicates there has been no activity in the campaign account for the reporting period (no contributions received and no expenditures made). The organization must indicate that there is no activity by filing a waiver of report using the EFS by the due date.
Submitting Reports
Each chairperson, treasurer, and deputy treasurer will receive a personal identification number (PIN), which allows submission of reports using the EFS. A person's PIN will be considered the same as that person's signature on a submitted report. Each person receiving a PIN should create a recovery question in case the PIN is lost or forgotten. Please refer to the EFS User Guide for instructions.
When to File
Reports must be completed and filed through the EFS no later than 11:59 p.m., Eastern Standard Time of the due date. If the EFS is inoperable on the due date, the report will be accepted as timely filed if filed no later than midnight of the first business day the EFS becomes operable.
Special Election Reports
When a special election is called to fill a vacancy in office, all organizations participating in the special election shall file reports with the filing officer on the dates set by the Department of State. When an election is called for an issue to appear on the ballot at a time when no candidates are scheduled to appear on the ballot, all organizations making contributions or expenditures in support of or in opposition to such issue shall file reports on the 18th and 4th days prior to such election.
Penalty for Late Filing
Any electioneering communication organization failing to file a report on the designated due date shall be subject to a fine of $50 per day for the first 3 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 reports immediately preceding each 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.
Filing Amendments
Amendments to reports that were filed after January 1, 2005, must be filed using the EFS. Amendments to reports that were filed prior to January 1, 2005, must conform to Division of Elections specifications in effect when the original reports were filed or may be amended using the EFS.
Electronic Receipts
The person submitting a report on the EFS may print an electronic receipt indicating and verifying the report was submitted to the Division of Elections. Each report filed by means of the EFS is considered to be under oath and such persons are subject to the provisions of Chapter 106, Florida Statutes.
