RICHARD L. SCOTT, Plaintiff-Appellant, versus DAWN K. ROBERTS, In Her Official Capacity as Interim Secretary of State of the State of Florida, Defendant-Appellee, IRA WILLIAM McCOLLUM, JR., Intervenor-Defendant-Appellee.
No. 10-13211
United States Court of Appeals, Eleventh Circuit
July 30, 2010
[PUBLISH] D. C. Docket No. 4:10-cv-00283-RH-WCS
(July 30, 2010)
Before DUBINA, Chief Judge, PRYOR and MARTIN, Circuit Judges.
In this emergency appeal from the denial of a motion for a preliminary injunction, Richard Scott, who is a candidate for the Republican Party for Governor of the State of Florida, asks that we preliminarily enjoin the enforcement of a provision of the Florida Election Campaign Financing Act that he contends violates his rights, under the First and Fourteenth Amendments, to spend unlimited sums of his personal funds and private donations to his campaign in furtherance of his candidacy. To date, Scott, who has never run for public office and is largely self-funding his campaign, has spent more than $21 million in the Republican primary to defeat his main opponent, Bill McCollum, the current Attorney General of Florida, who is participating in the public campaign financing system of Florida, which provides participating candidates with matching public funds to spend on their campaigns. That system also provides participating candidates like McCollum with a subsidy when a nonparticipating opponent spends in excess of $2 for each registered Florida voter, which for this election means almost $25 million.
On July 7, as his campaign expenditures were rapidly approaching the $25 million threshold, Scott filed a complaint in the district court and asked the court to enjoin preliminarily the operation of the excess spending subsidy. Scott argued
The district court promptly convened a hearing for Scott‘s motion, carefully weighed the competing arguments, and agreed with the first part of Scott‘s complaint, but the district court concluded that the excess spending subsidy indirectly furthered the interest of Florida in preventing actual or apparent corruption by encouraging participation in the Florida public campaign financing system and was narrowly tailored to serve that end. We agree with the district court that Davis requires Florida to justify its excess spending subsidy by reference to the anticorruption interest, but conclude that Florida cannot satisfy its burden of establishing that its subsidy furthers that interest in the least restrictive manner possible. We reverse the judgment of the district court and preliminarily enjoin the Secretary of State of Florida from releasing funds to McCollum under the excess spending provision.
I. BACKGROUND
To explain the background of this appeal, we first address the campaign for
A. The 2010 Campaign for the Republican Nomination for Governor of Florida
Richard Scott is a candidate for Governor of the State of Florida and is currently seeking the nomination of the Republican Party for that office. Despite having never held or campaigned for public office, Scott announced his candidacy for governor in April 2010. Scott is wealthy and describes himself as a former “health care executive and businessman.” Last year, he founded an organization, Conservatives for Patients’ Rights, to “promote free market principles in health care reform.” Regarding his candidacy, Scott states that he is “running as a conservative outsider who is a successful businessman with the experience to create jobs, hold government accountable, and turn the state around.”
Scott‘s main opponent in the Republican primary is Ira William (“Bill“) McCollum Jr., the current Attorney General of Florida. Mike McCalister is the other candidate for the Republican nomination, is not a party to this appeal, and is described in the record as a nominal candidate. Unlike Scott, McCollum has a long history in Florida politics. Before the voters of Florida elected McCollum attorney general in 2006, McCollum had served for nearly 20 years as a Member of Congress from Florida. McCollum had also twice campaigned unsuccessfully as a
McCollum elected to participate in the Florida system of public campaign financing, but Scott did not. Scott contends that he “believe[s] it is unfair to ask the taxpayers of Florida to subsidize the campaigns of politicians, especially in these difficult economic times.” Rather than rely on public financing, Scott has decided to fund his campaign “substantially” with his own money.
Scott has funded a substantial campaign. According to Scott, he has compensated for his “relatively late entry into the race” and the fact that his principal opponent is “a politician who has been a fixture in Florida politics since 1980” by spending, between April 9 and July 7 of this year, approximately $21 million in support of his candidacy. Scott maintains that he has spent this money
Not surprisingly, these large expenditures, in Scott‘s words, “have proven to be extremely successful” in assisting his candidacy. According to a poll of likely voters in the Republican primary conducted by Quinnipiac University, on June 10, 2010, Scott led McCollum 44 percent to 31 percent. But opinion polls of random selections of voters are snapshots with margins of error, and campaigns are, to say the least, dynamic projects.
After McCollum‘s campaign manager, Jack Williams, “observed Mr. Scott‘s extensive radio and television campaign advertising throughout Florida,” the McCollum campaign responded to Scott‘s expenditures by altering its advertising strategy. The McCollum campaign purchased advertising “many weeks before originally planned.” According to Williams, McCollum spent $1 million on radio and television advertising through May 2010 and another $2.2 million through July 10, 2010. As of July 10, McCollum had $800,000 left to spend on his campaign, but McCollum is still scheduled to receive (if he has not already received) upwards
Notwithstanding the apparent success of his expenditures, Scott alleges he has recently curtailed his campaign spending to avoid triggering a public subsidy afforded to his opponent under the public financing system. The Florida public financing system provides a subsidy to a participating candidate when an opposing candidate who has chosen not to participate in public financing exceeds the statutory expenditure limit, which for this election is $24,901,170, or $2 for each registered voter.
In his declaration, Scott alleged that, as he has approached this limit, he has reduced his campaign spending “in a drastic manner” to ensure that he is enabling McCollum‘s campaign for as few days as possible. He stated that from June 25 to July 2, he “cut by roughly half” the total amount of television time purchased for certain advertisements and limited the markets in which he ran those ads. Scott alleged that he halted all television and radio advertisements from July 3 to July 6. Scott asserted that he also cut by 40 percent the total amount of television time that he purchased for certain advertisements from July 7 to July 13. Scott stated that he
Despite these reductions, Scott estimates that he will exceed the expenditure threshold “well before” the Republican primary on August 24. Scott does not expect that his reluctance to spend money on his campaign will abate when he exceeds that threshold. After he exceeds the threshold, Scott will “engage in less campaign speech than would be the case if [his] opponents were not eligible to receive subsidies under section 106.355.” Scott explains that he has a constitutional right to avoid providing his opponents “with a competitive advantage and in turn permitting them to counteract and diminish [his] campaign
B. The Florida Laws Regarding the Financing of Election Campaigns
Florida laws regulate campaign financing for all candidates, political committees, committees of continuous existence, electioneering communication organizations, and political parties.
In 2005, the Florida Division of Elections interpreted Florida law to mean that expenditures of section 527 organizations that were coordinated with candidates did not constitute contributions to those candidates. Electioneering Communications, DE 05-04 (Fla. Div. of Elections June 28, 2005). The Secretary informed the district court that electioneering expenditures also do not constitute candidate expenditures. A recent federal court decision that invalidated the provision of Florida election law upon which that interpretation is based calls into question whether this coordination remains legal. See Broward Coal. of Condo., Homeowners Ass‘n & Cmty. Orgs. Inc. v. Browning, No.4:08-cv-445-SMP (N.D. Fla May 22, 2009). Regardless, the parties agree that candidates continue to coordinate with section 527 organizations.
In 1986, the Florida Legislature passed the Florida Election Campaign Financing Act, 1986 Fla. Sess. Law Serv. ch. 86-276 (codified at
After the Division of Elections for the State of Florida certifies a candidate as eligible to participate in the system, the candidate is entitled to receive matching funds for certain qualifying contributions.
In 1991, the Florida Legislature adopted section 106.355, which includes the excess spending subsidy that is the focus of this appeal. Section 106.355 provides a subsidy to a participating candidate when an opposing candidate who does not participate in public financing exceeds the statutory expenditure limit, which for this election is $24,901,170. 1991 Fla. Sess. Law Serv. ch. 91-107 § 24 (codified at
The Florida Legislature declared that it created the public financing system out of concern that the cost of running “an effective campaign for statewide office . . . discourage[s] persons from becoming candidates” and “limit[s] the persons who run for such office to those who are independently wealthy,” or those who are supported by political committees or special interest groups that are capable of generating substantial contributions.
C. Procedural History
On July 7, after Scott decided that his expenditures would trigger the public subsidy, Scott filed a complaint against Dawn Roberts, the Interim Secretary of State of Florida. Scott asked the district court to declare unconstitutional the provision of section 106.355 that creates the excess spending subsidy and to enjoin the Secretary from enforcing it. Scott‘s complaint asserted two counts: count one alleged that the excess spending subsidy “chills free speech by imposing a substantial burden on Mr. Scott‘s well-established right to spend his own funds in support of his own candidacy” in violation of the First and Fourteenth Amendments; and count two alleged that the excess spending subsidy “treats
Also on July 7, Scott moved the district court for a preliminary injunction and requested a hearing on his motion by July 16. In a memorandum of law that he filed with his motion, Scott argued that the decision of the Supreme Court of the United States on June 8, 2010, to stay the mandate in an appeal from the United States Court of Appeals for the Ninth Circuit, which involved a materially similar subsidy provision, and to lift the stay that the district court had entered after enjoining the provision, suggested that he was likely entitled to preliminary relief. See McComish v. Bennett, - - S. Ct. - -, No. 09A1163 (June 8, 2010); see also McComish v. Bennett, - - F.3d - - , Nos. 10-15165, 10-15166, slip op. 9139 (9th Cir. June 23, 2010); McComish v. Brewer, No. CV-08-1550-PHX-ROS (D. Ariz. Jan. 20, 2010). Scott also argued that the harm caused by the excess spending subsidy to his constitutional rights had become “ongoing and irreparable.”
The record before the district court consisted of five affidavits and the parties’ briefs. Scott and McCollum submitted affidavits consistent with the facts above. Jack Williams, McCollum‘s campaign manager, submitted an affidavit opposing the motion for a preliminary injunction that is consistent with the facts above. Stephen Hazelton, the president and director of a media placement company, submitted an affidavit on behalf of McCollum‘s memorandum in opposition that explains, in his opinion, the costs associated with television advertisements in Florida and the importance of establishing a strategic media plan early in a campaign. Sarah Bradshaw, the Assistant Director of the Florida Division of Elections, who is responsible for overseeing the Florida public financing system, submitted an affidavit that explains the system and verifies the applicable expenditure limit.
Before the district court, Scott argued that the First and Fourteenth Amendments guarantee him the right to “spend unlimited amounts” of his personal
The Secretary and McCollum responded that Scott‘s claims were unlikely to succeed on the merits because the subsidy did not burden Scott‘s speech rights. They argued that the subsidy only permitted Scott‘s opponents to speak. They asserted that any burden was justified by the interest of the state in “preventing corruption and the appearance of corruption as well as encouraging participation in the public campaign financing system as a means of preventing corruption.” They argued that Davis is inapposite because the Florida system for public financing of campaigns does not at any point impose asymmetrical contribution limits on
After hearing from the parties, the district court stated, on the record, its thorough findings of “the facts that deal with these candidates and this election.” The district court found that McCollum had opted to participate in the public financing system, would receive public funds based upon his qualifying contributions, and was not going to exceed the expenditure cap governing participating candidates. The district court also found that Scott had opted not to participate and that he would exceed the expenditure threshold and entitle McCollum to receive excess spending subsidies. The district court also found that McCollum would have participated in the public funding system and raised as much money as he had even if there had been no provision for an excess spending subsidy. It found that McCollum “probably would have spent the same amount he has spent, or very nearly the same amount that he has spent, with or without” a provision for an excess spending subsidy. McCollum “probably spent mostly in
The district court found that Scott would have “done just as he has done with or without” the excess spending subsidy. The district court explained that there is “no reason to conclude that [Scott] has changed his behavior up to this point for fear that the [subsidy] would be triggered,” but the district court found that the excess spending subsidy “will make a substantial difference going forward. If [the excess spending subsidy] remains in place, Mr. Scott probably will reduce his direct spending, either because he does not want to make funds available to Mr. McCollum, or because Mr. Scott will be able to get his message out through 527s, or in some indirect way.” The district court stated that, if “that happens, voters will hear only indirectly rather than directly from Mr. Scott, which, of course, is a First Amendment issue.”
The district court denied Scott‘s motion for a preliminary injunction. The district court concluded that Scott had established irreparable harm and that the equities and the public interest did not clearly favor one side over the other. For
The district court concluded that Florida had a compelling interest in preventing actual and apparent corruption that justified the excess spending subsidy. It adopted a theory that neither party had suggested and that the district court conceded had no basis in the statutory language or the legislative history. According to the district court, the legislature adopted a $500 contribution limit applicable to all candidates to combat corruption or the appearance of corruption. “But the legislature may not have wanted to hamstring a candidate.” The district
II. STANDARD OF REVIEW
We review the decision to deny a preliminary injunction for abuse of
A party seeking a preliminary injunction bears the burden of establishing its entitlement to relief. Citizens for Police Accountability Political Comm. v. Browning, 572 F.3d 1213, 1217 (11th Cir. 2009). In considering the propriety of preliminary relief, we consider four factors: (1) whether there is a substantial likelihood that the party applying for preliminary relief will succeed later on the merits; (2) whether the applicant will suffer an irreparable injury absent preliminary relief; (3) whether the harm that the applicant will likely suffer outweighs any harm that its opponent will suffer as a result of an injunction; and (4) whether preliminary relief would disserve the public interest. E.g., Burk v. Augusta-Richmond Cnty., 365 F.3d 1247, 1262-63 (11th Cir. 2004). When the state is a party, the third and fourth considerations are largely the same. Garcia-Mir v. Meese, 781 F.2d 1450, 1455 (11th Cir. 1986).
III. DISCUSSION
Scott contends that he is entitled to a preliminary injunction because his complaint under the
We address the propriety of preliminary relief in four parts. First, we explain that Scott is highly likely to succeed on his claim that the excess spending subsidy severely burdens his constitutional rights. Second, we explain why Scott’s injury is irreparable. Third, we explain that the balance of the harms and considerations of the public interest do not counsel against relief. Fourth, we conclude by addressing the propriety of preliminary relief in the light of our analysis in the first three sections.
A. Scott’s First Amendment Claim Is Likely to Succeed on the Merits.
Scott argues that the excess spending subsidy is unconstitutional because it severely burdens his right to spend in support of his candidacy and is thus subject to strict scrutiny, which it cannot survive. He argues that Davis compels this conclusion. The Secretary and McCollum respond that the subsidy does not substantially burden Scott’s right to spend in support of his candidacy and is not subject to strict scrutiny. They argue that Davis is inapposite, but even if it applies, they argue that the subsidy survives strict scrutiny because it furthers the legitimate
We agree with Scott that Davis requires us to subject the excess spending subsidy to strict scrutiny. We conclude that, even if the subsidy encourages participation in the public financing system and indirectly prevents corruption or the appearance of corruption, the excess spending subsidy is not the least restrictive means of doing so.
Like the district court, we think it is obvious that the subsidy imposes a burden on nonparticipating candidates, like Scott, who spend large sums of money in support of their candidacies. When a nonparticipant vying for public office in Florida spends more than $2 for each registered voter in support of his candidacy, Florida provides direct financial support to his opponents. These participating opponents use this money to further their own candidacies and attempt to defeat the candidacy of the nonparticipant. When the participating candidates speak in support of their own candidacies, they raise the cost of their nonparticipating opponent’s speech in support of his candidacy. Neither McCollum nor Scott disagrees with this fact. Indeed, that is why Scott is seeking to invalidate the
We agree with Scott and the district court that, under Davis, the burden of Scott’s right of free speech is substantial. Davis, a candidate for the United States House of Representatives, sued to enjoin enforcement of section 319(a) of the Bipartisan Campaign Reform Act of 2002, otherwise known as the “Millionaire’s Amendment.” 128 S. Ct. at 2766-67. Section 319(a) provided that, if Davis spent enough of his own personal funds in support of his candidacy so that he could be described as self-financing, his opponent could accept campaign contributions of up to $6,900. Id. at 2766 & n.5. Davis would still have been limited to accepting campaign contributions of $2,300 or less. Id. at 2766. Davis alleged that the
Like both the district court and the Second Circuit, we conclude that the burden that an excess spending subsidy imposes on nonparticipating candidates “is harsher than the penalty in Davis, as it leaves no doubt” that the nonparticipants’ opponents “will receive additional money.” Green Party, slip op. at 49 (emphasis omitted). Although Davis concerned a discriminatory contribution system that
Although under Davis the subsidy must be “justified by a compelling state
The parties have not sufficiently explained how the Florida public financing
The limit that the public campaign financing system imposes on the personal expenditures of participating candidates does not appear to reduce corruption or the appearance of corruption. The Supreme Court has explained that “the use of personal funds reduces the candidate’s dependence on outside contributions and thereby counteracts the coercive pressures and attendant risks of abuse” of campaign contributions. Buckley, 424 U.S. at 53. The Supreme Court reaffirmed this principle in Davis when it held that discouraging the use of personal funds by wealthy candidates for federal office “disserves the anticorruption interest.” 128 S. Ct. at 2773. Thus, by encouraging individuals to accept a limit on personal expenditures, the subsidy does not appear to reduce corruption.
The limit on general campaign expenditures also does not appear to enable candidates who are, or may be perceived as being, less corrupt than their
At bottom, the Florida public campaign financing system appears primarily to advantage candidates with little money or who exercise restraint in fundraising. That is, the system levels the electoral playing field, and that purpose is constitutionally problematic. Id. at 56-57. The Supreme Court explained in Davis, “[d]ifferent candidates have different strengths” and “[l]eveling electoral opportunities means making and implementing judgments about which strengths should be permitted to contribute to the outcome of an
None of this is to say that the public financing system of Florida does not benefit the people of Florida or that public financing generally is not a system worthy of public resources. Buckley, 424 U.S. at 92-93 (explaining that a federal system of public financing of election campaigns represents a legislative effort “not to abridge, restrict, or censor speech, but rather to use public money to facilitate and enlarge public discussion and participation in the electoral process, goals vital to a self-governing people” and thereby “furthers . . . pertinent
Even if we were certain that the public financing system of Florida furthers an anticorruption interest, we agree that Scott has proved a likelihood that the excess spending subsidy is not the least restrictive means of encouraging that participation. Scott argues that Florida can effectively encourage participation in “innumerable ways.” Scott contends that Florida could provide a larger initial grant of public funds to participating candidates, increase the amount of its matching contributions on qualifying fundraising, or institute progressively higher matching ratios for participating candidates who prove able to raise money from contributors. Scott also does not object to the provision that releases McCollum from the expenditure ceiling that applies to publicly funded candidates after Scott exceeds that same ceiling. Although at some point even enticements not tied to protected speech might render a “voluntary” public financing system that includes expenditure limits compulsory in violation of the
We agree with Scott that Florida could encourage participation to virtually the same degree that it maintains it currently does by doing no more than releasing participating candidates from the expenditure ceiling. This release would place participating and nonparticipating candidates on equal footing, except that participating candidates could not spend as much of their own personal resources in support of their campaigns. So the only prospective candidates who would resist participating under this system would be the wealthy, who already have less incentive to join. Consequently, this system would be no less effective than the system currently in place, but would burden nonparticipating candidates to a lesser degree. Florida has given us no reason to think that this system would be less effective, which is its burden when one of its laws is subject to strict scrutiny under the
In sum, Davis requires that Florida justify the excess spending subsidy by establishing that it furthers a compelling state interest. Florida has stated that the excess spending subsidy furthers its anticorruption interest by encouraging participation in its public financing system. Florida has not, however, proved that
B. Scott’s Injury Is Irreparable.
Scott argues that the harm he stands to suffer if we do not grant preliminary relief is “irreparable.” Scott contends that when he triggers the excess spending subsidy, he will speak less than he wants. Moreover, he states that he will direct more of his speech through section 527 organizations, which cannot speak unfettered in favor of his candidacy. The district court credited these claims. Neither the Secretary nor McCollum denies that these harms will accrue if we do not enjoin enforcement of the excess spending subsidy. Instead, they argue that Scott has no right, under the
Scott’s alleged injury is obviously irreparable. An injury is irreparable “if it cannot be undone through monetary remedies.” Cunningham v. Adams, 808 F.2d 815, 821 (11th Cir. 1987). Even when a later money judgment might undo an alleged injury, the alleged injury is irreparable if damages would be “difficult or impossible to calculate.” Fla. Businessmen for Free Enter. v. City of Hollywood, 648 F.2d 956, 958 n.2 (5th Cir. Unit B June 1981). We have repeatedly held that harms to speech rights “‘for even minimal periods of time, unquestionably
C. Each Candidate Will Suffer if He Loses This Appeal, and a Preliminary Injunction Would Not Be Adverse to the Public Interest.
The parties have opposite views of the relative magnitude of the harms likely to befall them if we grant or deny preliminary relief. Scott argues that the harm so far inflicted upon his ability to speak in support of his campaign is “significant” and “will only deepen” if we do not enjoin operation of the excess spending subsidy. Scott argues that the Secretary has no interest in enforcing the subsidy and that McCollum would not be harmed by an injunction because he would remain free to fundraise and spend money in support of his candidacy free of the expenditure cap under which he is currently operating. McCollum responds that he would be seriously harmed by an injunction because it would “leave him at
No party to this appeal is obviously worse served by a preliminary injunction. On this record, we think that each candidate will speak less if he loses this appeal. Scott will avoid aiding his opponent and McCollum will have less money to support his campaign. We cannot say that the public has an interest in hearing more or less from either party.
The equities similarly do not clearly counsel against or in favor of preliminary relief. The district court found that McCollum has not planned his campaign spending in reliance on the subsidy, but has instead spent what he has to avoid falling even farther behind his main opponent. McCollum contends that his affidavit, and the affidavit of his campaign manager, directly contradict that finding. Whether or not this finding is clearly erroneous, it is not inequitable to upset this reliance.
McCollum should have known that the excess spending subsidy was vulnerable to legal challenge. On the day that the Supreme Court decided Davis, a leading scholar of election law wrote that the decision “calls all [asymmetrical] provisions in public financing systems into question.” Rick Hasen, Initial
Moreover, the finding of the district court that Scott did not purposefully delay filing suit is not clearly erroneous. For the reasons that McCollum should have known that the excess spending subsidy was possibly illegal, so should have Scott. But the record supports a finding that Scott, who had never run a campaign of any sort in Florida, may not have understood until he began campaigning just how expensive the campaign he hoped to run would prove. That Scott also apparently stated publicly that he would not exceed the Florida expenditure limit is probably a reflection of that inexperience, instead of the result of calculated
In sum, each candidate stands to suffer if he loses this appeal and it is not obvious who stands to suffer more. The public is similarly harmed to a small degree no matter the outcome, as it is likely to hear less from one or the other candidate, but there is no danger of disrupting the looming election. We cannot say that granting preliminary relief would be unfair to McCollum.
D. Scott Is Entitled to a Preliminary Injunction.
Scott has persuaded us that he is entitled to preliminary relief. For the reasons we have stated, Scott is exceedingly likely to prevail on the merits of his claim that the excess spending subsidy violates the
On this record, because Scott is highly likely to prevail after a full trial on the merits, we must enjoin the operation of the excess spending subsidy. Courts have often treated the likelihood of success on the merits as dispositive where, as here, difficult to quantify and apparently similar harms are at issue. 11A Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 2948.3 (2d ed. 1995). “[T]he less certain the district court is of the likelihood of success on the merits, the more plaintiffs must convince the district court that the
One final point about severance, because the district court raised the issue. The district court suggested that, in the light of its view of the manner in which the excess spending subsidy encouraged participation in the public financing system, invalidating the subsidy might also require invalidating the $500 contribution limit. It is not clear whether the district court thought that it might have to strike the
Consideration of the issue of severance might be premature because we will not invalidate—only preliminarily enjoin—the excess subsidy provision, but we have no problem concluding that the excess spending subsidy is severable. Florida “clearly favors (where possible) severance of the invalid portions of a law from the valid ones.” Solantic, 410 F.3d at 1269 n.16 (internal quotation marks omitted). Florida employs a well-established four-part test to determine whether severance is appropriate: (1) the unconstitutional provision can be separated from the remaining valid provisions; (2) the legislative purpose of the act can be achieved without the invalid provision; (3) the valid and invalid features are not so inseparable that the legislature could only have wanted them to exist together; and (4) a complete act remains after severance. Women’s Emergency Network v. Bush, 323 F.3d 937, 948-49 (11th Cir. 2003). Here, as is “in almost any case,” we can easily separate the excess spending subsidy from the remainder of the Act and the Act remains complete even after severance. Id. at 949. We disagree with the district court that,
IV. CONCLUSION
The judgment of the district court is REVERSED. Because Scott has established his entitlement to a preliminary injunction, it is ordered that the Interim Secretary of State of Florida, Dawn K. Roberts, and all officers, agents, and employees of the office of the Secretary of State are PRELIMINARILY ENJOINED from releasing funds to Ira William (“Bill“) McCollum Jr., under the excess spending subsidy of section 106.355 of the Florida Election Campaign
REVERSED AND PRELIMINARY INJUNCTION ENTERED.