MIAMI (CBSMiami) – U.S. Senator Marco Rubio does not plan to endorse David Rivera in the Republican primary.

The Florida senator and Rivera, who is running for the 26th Congressional District seat, have been allies before.

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Rubio said he typically doesn’t get involved in House primaries, especially in open elections, according to

If Rivera wins the primary, and goes on to face Democrat Joe Garcia in November, Rubio said he would support him.

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Rivera has been under investigation in the past by the Florida Department of Law Enforcement for unreported donations during his time in the legislature.

He was voted out of office as the FBI and IRS continued to seek answers about his personal and campaign finances.

Rivera maintains his innocence and says no federal agency has publicly confirmed he is under investigation.

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