Senate Bill sb1842e1

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    CS for SB's 1842, 1124 & 498                   First Engrossed



  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         106.011, F.S.; redefining the term "political

  4         committee"; amending s. 106.07, F.S.; changing

  5         the fine for certain late-filed reports;

  6         amending s. 106.08, F.S.; clarifying

  7         requirements for soliciting and accepting

  8         charitable contributions; reenacting a

  9         prohibition against indirect campaign

10         contributions; amending s. 106.11, F.S.;

11         authorizing the use of debit cards for

12         campaigns; providing requirements; amending s.

13         106.12, F.S.; increasing the amount for petty

14         cash expenditures; amending s. 106.141, F.S.;

15         requiring the filing officer to notify

16         candidates before the date the final report is

17         due; increasing the amount of surplus funds

18         that certain successful candidates may

19         contribute to an office account; amending s.

20         106.15, F.S.; expanding the prohibition on the

21         use of state employees for campaign purposes

22         during working hours to county, municipal, and

23         district employees; amending s. 106.19, F.S.;

24         conforming a statutory cross-reference;

25         providing for severability; providing an

26         effective date.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30         Section 1.  Subsection (1) of section 106.011, Florida

31  Statutes, is amended to read:


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    CS for SB's 1842, 1124 & 498                   First Engrossed



  1         106.011  Definitions.--As used in this chapter, the

  2  following terms have the following meanings unless the context

  3  clearly indicates otherwise:

  4         (1)(a)  "Political committee" means:

  5         1.  A combination of two or more individuals, or a

  6  person other than an individual, that, in an aggregate amount

  7  in excess of $500 during a single calendar year:

  8         a.  Accepts contributions for the purpose of making

  9  contributions to any candidate, political committee, committee

10  of continuous existence, or political party;

11         b.  Accepts contributions for the purpose of expressly

12  advocating the election or defeat of a candidate or the

13  passage or defeat of an issue;

14         c.  Makes expenditures that expressly advocate the

15  election or defeat of a candidate or the passage or defeat of

16  an issue; or

17         d.  Makes contributions to a common fund, other than a

18  joint checking account between spouses, from which

19  contributions are made to any candidate, political committee,

20  committee of continuous existence, or political party. the

21  primary or incidental purpose of which is to support or oppose

22  any candidate, issue, or political party, which accepts

23  contributions or makes expenditures during a calendar year in

24  an aggregate amount in excess of $500; "political committee"

25  also means

26         2.  The sponsor of a proposed constitutional amendment

27  by initiative who intends to seek the signatures of registered

28  electors.

29         (b)  Notwithstanding paragraph (a), the following

30  entities are not considered political committees for purposes

31  of this chapter:


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    CS for SB's 1842, 1124 & 498                   First Engrossed



  1         1.  Organizations which are certified by the Department

  2  of State as committees of continuous existence pursuant to s.

  3  106.04, national political parties, and the state and county

  4  executive committees of political parties regulated by chapter

  5  103 shall not be considered political committees for the

  6  purposes of this chapter.

  7         2.  Corporations regulated by chapter 607 or chapter

  8  617 or other business entities formed for purposes other than

  9  to support or oppose issues or candidates, are not political

10  committees if their political activities are limited to

11  contributions to candidates, political parties, or political

12  committees or expenditures in support of or opposition to an

13  issue from corporate or business funds and if no contributions

14  are received by such corporations or business entities.

15         Section 2.  Paragraph (b) of subsection (8) of section

16  106.07, Florida Statutes, is amended to read:

17         106.07  Reports; certification and filing.--

18         (8)

19         (b)  Upon determining that a report is late, the filing

20  officer shall immediately notify the candidate or chair of the

21  political committee as to the failure to file a report by the

22  designated due date and that a fine is being assessed for each

23  late day.  The fine shall be $50 per day for the first 3 days

24  late and, thereafter, $500 per day for each late day, not to

25  exceed 25 percent of the total receipts or expenditures,

26  whichever is greater, for the period covered by the late

27  report.  However, for the reports immediately preceding each

28  primary and general election, the fine shall be $500 per day

29  for each late day, not to exceed 25 percent of the total

30  receipts or expenditures, whichever if greater, for the period

31  covered by the late report. For reports required under s.


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    CS for SB's 1842, 1124 & 498                   First Engrossed



  1  106.141(7), the fine is $50 per day for each late day, not to

  2  exceed 25 percent of the total receipts or expenditures,

  3  whichever is greater, for the period covered by the late

  4  report. Upon receipt of the report, the filing officer shall

  5  determine the amount of the fine which is due and shall notify

  6  the candidate or chair.  The filing officer shall determine

  7  the amount of the fine due based upon the earliest of the

  8  following:

  9         1.  When the report is actually received by such

10  officer.

11         2.  When the report is postmarked.

12         3.  When the certificate of mailing is dated.

13         4.  When the receipt from an established courier

14  company is dated.

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16  Such fine shall be paid to the filing officer within 20 days

17  after receipt of the notice of payment due, unless appeal is

18  made to the Florida Elections Commission pursuant to paragraph

19  (c).  In the case of a candidate, such fine shall not be an

20  allowable campaign expenditure and shall be paid only from

21  personal funds of the candidate.  An officer or member of a

22  political committee shall not be personally liable for such

23  fine.

24         Section 3.  Subsection (5) of section 106.08, Florida

25  Statutes, is reenacted and amended to read:

26         106.08  Contributions; limitations on.--

27         (5)(a)  A person may not make any contribution through

28  or in the name of another, directly or indirectly, in any

29  election.

30         (b)  Candidates, political committees, and political

31  parties may not solicit contributions from or make


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    CS for SB's 1842, 1124 & 498                   First Engrossed



  1  contributions to any religious, charitable, civic, or other

  2  causes or organizations established primarily for the public

  3  good.

  4         (c)  Candidates, political committees, and political

  5  parties may not make contributions, in exchange for political

  6  support, to any religious, charitable, civic, or other cause

  7  or organization established primarily for the public good.

  8  However, It is not a violation of this paragraph subsection

  9  for:

10         1.  A candidate, political committee, or political

11  party executive committee to make gifts of money in lieu of

12  flowers in memory of a deceased person; or for

13         2.  A candidate to continue membership in, or make

14  regular donations from personal or business funds to,

15  religious, political party, civic, or charitable groups of

16  which the candidate is a member or to which the candidate has

17  been a regular donor for more than 6 months; or.

18         3.  A candidate to may purchase, with campaign funds,

19  tickets, admission to events, or advertisements from

20  religious, civic, political party, or charitable groups.

21         Section 4.  Section 106.11, Florida Statutes, is

22  amended to read:

23         106.11  Expenses of and expenditures by candidates and

24  political committees.--Each candidate and each political

25  committee which designates a primary campaign depository

26  pursuant to s. 106.021(1) shall make expenditures from funds

27  on deposit in such primary campaign depository only in the

28  following manner, with the exception of expenditures made from

29  petty cash funds provided by s. 106.12:

30         (1)(a)  The campaign treasurer or deputy campaign

31  treasurer of a candidate or political committee shall make


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    CS for SB's 1842, 1124 & 498                   First Engrossed



  1  expenditures from funds on deposit in the primary campaign

  2  depository only by means of a bank check drawn upon the

  3  campaign account of the candidate or political committee. The

  4  campaign account shall be separate from any personal or other

  5  account and shall be used only for the purpose of depositing

  6  contributions and making expenditures for the candidate or

  7  political committee.

  8         (b)  The checks for such account shall contain, as a

  9  minimum, the following information:

10         1.(a)  The statement "Campaign Account of ...(name of

11  candidate or political committee)...."

12         2.(b)  The account number and the name of the bank.

13         3.(c)  The exact amount of the expenditure.

14         4.(d)  The signature of the campaign treasurer or

15  deputy treasurer.

16         5.(e)  The exact purpose for which the expenditure is

17  authorized.

18         6.(f)  The name of the payee.

19         (2)(a)  For purposes of this section, debit cards are

20  considered bank checks, if:

21         1.  Debit cards are obtained from the same bank that

22  has been designated as the candidate's or political

23  committee's primary campaign depository.

24         2.  Debit cards are issued in the name of the

25  treasurer, deputy treasurer, or authorized user and state

26  "Campaign Account of (name of candidate or political

27  committee)."

28         3.  No more than three debit cards are requested and

29  issued.

30         4.  Before a debit card is used, a list of all persons

31  authorized to use the card is filed with the division.


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    CS for SB's 1842, 1124 & 498                   First Engrossed



  1         5.  All debit cards issued to a candidate's campaign or

  2  a political committee expire no later than midnight of the

  3  last day of the month of the general election.

  4         6.  The person using the debit card does not receive

  5  cash as part of, or independent of, any transaction for goods

  6  or services.

  7         7.  All receipts for debit card transactions contain:

  8         a.  The last four digits of the debit card number.

  9         b.  The exact amount of the expenditure.

10         c.  The name of the payee.

11         d.  The signature of the campaign treasurer, deputy

12  treasurer, or authorized user.

13         e.  The exact purpose for which the expenditure is

14  authorized.

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16  Any information required by this subparagraph but not included

17  on the debit card transaction receipt may be handwritten on,

18  or attached to, the receipt by the authorized user before

19  submission to the treasurer.

20         (b)  Debit cards are not subject to the requirements of

21  paragraph (1)(b).

22         (3)(2)  The campaign treasurer, or deputy treasurer, or

23  authorized user who signs the check shall be responsible for

24  the completeness and accuracy of the information on such check

25  and for insuring that such expenditure is an authorized

26  expenditure.

27         (4)(3)  No candidate, campaign manager, treasurer,

28  deputy treasurer, or political committee or any officer or

29  agent thereof, or any person acting on behalf of any of the

30  foregoing, shall authorize any expenses, nor shall any

31  campaign treasurer or deputy treasurer sign a check drawn on


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    CS for SB's 1842, 1124 & 498                   First Engrossed



  1  the primary campaign account for any purpose, unless there are

  2  sufficient funds on deposit in the primary depository account

  3  of the candidate or political committee to pay the full amount

  4  of the authorized expense, to honor all other checks drawn on

  5  such account, which checks are outstanding, and to meet all

  6  expenses previously authorized but not yet paid. However, an

  7  expense may be incurred for the purchase of goods or services

  8  if there are sufficient funds on deposit in the primary

  9  depository account to pay the full amount of the incurred

10  expense, to honor all checks drawn on such account, which

11  checks are outstanding, and to meet all other expenses

12  previously authorized but not yet paid, provided that payment

13  for such goods or services is made upon final delivery and

14  acceptance of the goods or services; and an expenditure from

15  petty cash pursuant to the provisions of s. 106.12 may be

16  authorized, if there is a sufficient amount of money in the

17  petty cash fund to pay for such expenditure.  Payment for

18  credit card purchases shall be made pursuant to s. 106.125.

19  Any expense incurred or authorized in excess of such funds on

20  deposit shall, in addition to other penalties provided by law,

21  constitute a violation of this chapter.

22         (5)(4)  A candidate who withdraws his or her candidacy,

23  becomes an unopposed candidate, or is eliminated as a

24  candidate or elected to office may expend funds from the

25  campaign account to:

26         (a)  Purchase "thank you" advertising for up to 75 days

27  after he or she withdraws, becomes unopposed, or is eliminated

28  or elected.

29         (b)  Pay for items which were obligated before he or

30  she withdrew, became unopposed, or was eliminated or elected.

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    CS for SB's 1842, 1124 & 498                   First Engrossed



  1         (c)  Pay for expenditures necessary to close down the

  2  campaign office and to prepare final campaign reports.

  3         (d)  Dispose of surplus funds as provided in s.

  4  106.141.

  5         Section 5.  Subsection (3) of section 106.12, Florida

  6  Statutes, is amended to read:

  7         106.12  Petty cash funds allowed.--

  8         (3)  The petty cash fund so provided shall be spent

  9  only in amounts less than $100 $30 and only for office

10  supplies, transportation expenses, and other necessities.

11  Petty cash shall not be used for the purchase of time, space,

12  or services from communications media as defined in s.

13  106.011(13).

14         Section 6.  Subsections (5) and (7) of section 106.141,

15  Florida Statutes, are amended to read:

16         106.141  Disposition of surplus funds by candidates.--

17         (5)  A candidate elected to office or a candidate who

18  will be elected to office by virtue of his or her being

19  unopposed may, in addition to the disposition methods provided

20  in subsection (4), transfer from the campaign account to an

21  office account any amount of the funds on deposit in such

22  campaign account up to:

23         (a)  Twenty Ten thousand dollars, for a candidate for

24  statewide office.  The Governor and Lieutenant Governor shall

25  be considered separate candidates for the purpose of this

26  section.

27         (b)  Five thousand dollars, for a candidate for

28  multicounty office.

29         (c)  Five Two thousand five hundred dollars multiplied

30  by the number of years in the term of office for which

31  elected, for a candidate for legislative office.


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    CS for SB's 1842, 1124 & 498                   First Engrossed



  1         (d)  Two One thousand five hundred dollars multiplied

  2  by the number of years in the term of office for which

  3  elected, for a candidate for county office or for a candidate

  4  in any election conducted on less than a countywide basis.

  5         (e)  Six thousand dollars, for a candidate for

  6  retention as a justice of the Supreme Court.

  7         (f)  Three thousand dollars, for a candidate for

  8  retention as a judge of a district court of appeal.

  9         (g)  One thousand five hundred dollars, for a candidate

10  for county court judge or circuit judge.

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12  The office account established pursuant to this subsection

13  shall be separate from any personal or other account.  Any

14  funds so transferred by a candidate shall be used only for

15  legitimate expenses in connection with the candidate's public

16  office.  Such expenses may include travel expenses incurred by

17  the officer or a staff member, personal taxes payable on

18  office account funds by the candidate or elected public

19  official, or expenses incurred in the operation of his or her

20  office, including the employment of additional staff. The

21  funds may be deposited in a savings account; however, all

22  deposits, withdrawals, and interest earned thereon shall be

23  reported at the appropriate reporting period. If a candidate

24  is reelected to office or elected to another office and has

25  funds remaining in his or her office account, he or she may

26  transfer surplus campaign funds to the office account.  At no

27  time may the funds in the office account exceed the limitation

28  imposed by this subsection. Upon leaving public office, any

29  person who has funds in an office account pursuant to this

30  subsection remaining on deposit shall give such funds to a

31  charitable organization or organizations which meet the


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    CS for SB's 1842, 1124 & 498                   First Engrossed



  1  requirements of s. 501(c)(3) of the Internal Revenue Code or,

  2  in the case of a state officer, to the state to be deposited

  3  in the General Revenue Fund or, in the case of an officer of a

  4  political subdivision, to the political subdivision to be

  5  deposited in the general fund thereof.

  6         (7)(a)  Any candidate required to dispose of campaign

  7  funds pursuant to this section shall do so within the time

  8  required by this section and shall, on or before the date by

  9  which such disposition is to have been made, file with the

10  officer with whom reports are required to be filed pursuant to

11  s. 106.07 a form prescribed by the Division of Elections

12  listing:

13         1.(a)  The name and address of each person or unit of

14  government to whom any of the funds were distributed and the

15  amounts thereof;

16         2.(b)  The name and address of each person to whom an

17  expenditure was made, together with the amount thereof and

18  purpose therefor; and

19         3.(c)  The amount of such funds transferred to an

20  office account by the candidate, together with the name and

21  address of the bank in which the office account is located.

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23  Such report shall be signed by the candidate and the campaign

24  treasurer and certified as true and correct pursuant to s.

25  106.07.

26         (b)  The filing officer shall notify each candidate at

27  least 14 days before the date the report is due.

28         (c)  Any candidate failing to file a report on the

29  designated due date shall be subject to a fine as provided in

30  s. 106.07 for submitting late termination reports.

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    CS for SB's 1842, 1124 & 498                   First Engrossed



  1         Section 7.  Subsection (3) of section 106.15, Florida

  2  Statutes, is amended to read:

  3         106.15  Certain acts prohibited.--

  4         (3)  A No candidate may not shall, in the furtherance

  5  of his or her candidacy for nomination or election to public

  6  office in any election, use the services of any state, county,

  7  municipal, or district officer or employee of the state during

  8  working hours.

  9         Section 8.  Subsection (1) of section 106.19, Florida

10  Statutes, is amended to read:

11         106.19  Violations by candidates, persons connected

12  with campaigns, and political committees.--

13         (1)  Any candidate; campaign manager, campaign

14  treasurer, or deputy treasurer of any candidate; committee

15  chair, vice chair, campaign treasurer, deputy treasurer, or

16  other officer of any political committee; agent or person

17  acting on behalf of any candidate or political committee; or

18  other person who knowingly and willfully:

19         (a)  Accepts a contribution in excess of the limits

20  prescribed  by s. 106.08;

21         (b)  Fails to report any contribution required to be

22  reported by this chapter;

23         (c)  Falsely reports or deliberately fails to include

24  any information required by this chapter; or

25         (d)  Makes or authorizes any expenditure in violation

26  of s. 106.11(4) s. 106.11(3) or any other expenditure

27  prohibited by this chapter;

28

29  is guilty of a misdemeanor of the first degree, punishable as

30  provided in s. 775.082 or  s. 775.083.

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    CS for SB's 1842, 1124 & 498                   First Engrossed



  1         Section 9.  If any provision of this act or its

  2  application to any person or circumstance is held invalid, the

  3  invalidity does not affect other provisions or applications of

  4  the act which can be given effect without the invalid

  5  provision or application, and to this end the provisions of

  6  this act are severable.

  7         Section 10.  This act shall take effect July 1, 2002.

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