Florida Senate - 2009                       CS for CS for SB 564
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Transportation and Economic Development
       Appropriations; and Senators Haridopolos, Gaetz, Oelrich, and
       Dean
       
       576-03524-09                                           2009564c2
    1                        A bill to be entitled                      
    2         An act relating to public campaign financing;
    3         repealing ss. 106.30-106.36, F.S., the “Florida
    4         Election Campaign Financing Act”; amending ss. 106.07,
    5         106.141, 106.22, 106.265, 328.72, and 607.1622, F.S.;
    6         deleting references to the Election Campaign Financing
    7         Trust Fund, which expired, effective November 4, 1996,
    8         by operation of s. 19(f), Art. III of the State
    9         Constitution; amending s. 106.34, F.S.; providing
   10         expenditure limits for certain candidates for
   11         statewide office; providing effective dates, one of
   12         which is contingent.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Sections 106.30, 106.31, 106.32, 106.33, 106.34,
   17  106.35, 106.353, 106.355, and 106.36, Florida Statutes, are
   18  repealed.
   19         Section 2. Subsection (1) of section 106.07, Florida
   20  Statutes, is amended to read:
   21         106.07 Reports; certification and filing.—
   22         (1) Each campaign treasurer designated by a candidate or
   23  political committee pursuant to s. 106.021 shall file regular
   24  reports of all contributions received, and all expenditures
   25  made, by or on behalf of such candidate or political committee.
   26  Reports shall be filed on the 10th day following the end of each
   27  calendar quarter from the time the campaign treasurer is
   28  appointed, except that, if the 10th day following the end of a
   29  calendar quarter occurs on a Saturday, Sunday, or legal holiday,
   30  the report shall be filed on the next following day which is not
   31  a Saturday, Sunday, or legal holiday. Quarterly reports shall
   32  include all contributions received and expenditures made during
   33  the calendar quarter which have not otherwise been reported
   34  pursuant to this section.
   35         (a) Except as provided in paragraph (b), Following the last
   36  day of qualifying for office, the reports shall be filed on the
   37  32nd, 18th, and 4th days immediately preceding the primary and
   38  on the 46th, 32nd, 18th, and 4th days immediately preceding the
   39  election, for a candidate who is opposed in seeking nomination
   40  or election to any office, for a political committee, or for a
   41  committee of continuous existence.
   42         (b)Following the last day of qualifying for office, any
   43  statewide candidate who has requested to receive contributions
   44  from the Election Campaign Financing Trust Fund or any statewide
   45  candidate in a race with a candidate who has requested to
   46  receive contributions from the trust fund shall file reports on
   47  the 4th, 11th, 18th, 25th, and 32nd days prior to the primary
   48  election, and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th,
   49  and 53rd days prior to the general election.
   50         (b)(c) Following the last day of qualifying for office, any
   51  unopposed candidate need only file a report within 90 days after
   52  the date such candidate became unopposed. Such report shall
   53  contain all previously unreported contributions and expenditures
   54  as required by this section and shall reflect disposition of
   55  funds as required by s. 106.141.
   56         (c)(d)1. When a special election is called to fill a
   57  vacancy in office, all political committees and committees of
   58  continuous existence making contributions or expenditures to
   59  influence the results of such special election shall file
   60  campaign treasurers’ reports with the filing officer on the
   61  dates set by the Department of State pursuant to s. 100.111.
   62         2. When an election is called for an issue to appear on the
   63  ballot at a time when no candidates are scheduled to appear on
   64  the ballot, all political committees making contributions or
   65  expenditures in support of or in opposition to such issue shall
   66  file reports on the 18th and 4th days prior to such election.
   67         (d)(e) The filing officer shall provide each candidate with
   68  a schedule designating the beginning and end of reporting
   69  periods as well as the corresponding designated due dates.
   70         Section 3. Subsection (4) of section 106.141, Florida
   71  Statutes, is amended to read:
   72         106.141 Disposition of surplus funds by candidates.—
   73         (4)(a)Except as provided in paragraph (b), Any candidate
   74  required to dispose of funds pursuant to this section shall, at
   75  the option of the candidate, dispose of such funds by any of the
   76  following means, or any combination thereof:
   77         (a)1. Return pro rata to each contributor the funds that
   78  have not been spent or obligated.
   79         (b)2. Donate the funds that have not been spent or
   80  obligated to a charitable organization or organizations that
   81  meet the qualifications of s. 501(c)(3) of the Internal Revenue
   82  Code.
   83         (c)3. Give not more than $10,000 of the funds that have not
   84  been spent or obligated to the political party of which such
   85  candidate is a member, except that a candidate for the Florida
   86  Senate may give not more than $30,000 of such funds to the
   87  political party of which the candidate is a member.
   88         (d)4. Give the funds that have not been spent or obligated:
   89         1.a. In the case of a candidate for state office, to the
   90  state, to be deposited in either the Election Campaign Financing
   91  Trust Fund or the General Revenue Fund, as designated by the
   92  candidate; or
   93         2.b. In the case of a candidate for an office of a
   94  political subdivision, to such political subdivision, to be
   95  deposited in the general fund thereof.
   96         (b)Any candidate required to dispose of funds pursuant to
   97  this section who has received contributions from the Election
   98  Campaign Financing Trust Fund shall return all surplus campaign
   99  funds to the Election Campaign Financing Trust Fund.
  100         Section 4. Subsection (6) of section 106.22, Florida
  101  Statutes, is amended to read:
  102         106.22 Duties of the Division of Elections.—It is the duty
  103  of the Division of Elections to:
  104         (6) Make, from time to time, audits and field
  105  investigations with respect to reports and statements filed
  106  under the provisions of this chapter and with respect to alleged
  107  failures to file any report or statement required under the
  108  provisions of this chapter. The division shall conduct a
  109  postelection audit of the campaign accounts of all candidates
  110  receiving contributions from the Election Campaign Financing
  111  Trust Fund.
  112         Section 5. Subsections (3), (4), and (5) of section
  113  106.265, Florida Statutes, are amended to read:
  114         106.265 Civil penalties.—
  115         (3) Any civil penalty collected pursuant to the provisions
  116  of this section shall be deposited into the General Revenue
  117  Election Campaign Financing Trust Fund.
  118         (4)Notwithstanding any other provisions of this chapter,
  119  any fine assessed pursuant to the provisions of this chapter,
  120  which fine is designated to be deposited or which would
  121  otherwise be deposited into the General Revenue Fund of the
  122  state, shall be deposited into the Election Campaign Financing
  123  Trust Fund.
  124         (4)(5) In any case in which the commission determines that
  125  a person has filed a complaint against another person with a
  126  malicious intent to injure the reputation of the person
  127  complained against by filing the complaint with knowledge that
  128  the complaint contains one or more false allegations or with
  129  reckless disregard for whether the complaint contains false
  130  allegations of fact material to a violation of this chapter or
  131  chapter 104, the complainant shall be liable for costs and
  132  reasonable attorney’s fees incurred in the defense of the person
  133  complained against, including the costs and reasonable
  134  attorney’s fees incurred in proving entitlement to and the
  135  amount of costs and fees. If the complainant fails to pay such
  136  costs and fees voluntarily within 30 days following such finding
  137  by the commission, the commission shall forward such information
  138  to the Department of Legal Affairs, which shall bring a civil
  139  action in a court of competent jurisdiction to recover the
  140  amount of such costs and fees awarded by the commission.
  141         Section 6. Subsection (11) of section 328.72, Florida
  142  Statutes, is amended to read:
  143         328.72 Classification; registration; fees and charges;
  144  surcharge; disposition of fees; fines; marine turtle stickers.—
  145         (11) VOLUNTARY CONTRIBUTIONS.—The application form for boat
  146  registration shall include a provision to allow each applicant
  147  to indicate a desire to pay an additional voluntary contribution
  148  to the Save the Manatee Trust Fund to be used for the purposes
  149  specified in s. 379.2431(4). This contribution shall be in
  150  addition to all other fees and charges. The amount of the
  151  request for a voluntary contribution solicited shall be $2 or $5
  152  per registrant. A registrant who provides a voluntary
  153  contribution of $5 or more shall be given a sticker or emblem by
  154  the tax collector to display, which signifies support for the
  155  Save the Manatee Trust Fund. All voluntary contributions shall
  156  be deposited in the Save the Manatee Trust Fund and shall be
  157  used for the purposes specified in s. 379.2431(4). The form
  158  shall also include language permitting a voluntary contribution
  159  of $5 per applicant, which contribution shall be transferred
  160  into the Election Campaign Financing Trust Fund. A statement
  161  providing an explanation of the purpose of the trust fund shall
  162  also be included.
  163         Section 7. Subsection (1) of section 607.1622, Florida
  164  Statutes, is amended to read:
  165         607.1622 Annual report for Department of State.—
  166         (1) Each domestic corporation and each foreign corporation
  167  authorized to transact business in this state shall deliver to
  168  the Department of State for filing a sworn annual report on such
  169  forms as the Department of State prescribes that sets forth:
  170         (a) The name of the corporation and the state or country
  171  under the law of which it is incorporated.;
  172         (b) The date of incorporation or, if a foreign corporation,
  173  the date on which it was admitted to do business in this state.;
  174         (c) The address of its principal office and the mailing
  175  address of the corporation.;
  176         (d) The corporation’s federal employer identification
  177  number, if any, or, if none, whether one has been applied for.;
  178         (e) The names and business street addresses of its
  179  directors and principal officers.;
  180         (f) The street address of its registered office and the
  181  name of its registered agent at that office in this state.;
  182         (g)Language permitting a voluntary contribution of $5 per
  183  taxpayer, which contribution shall be transferred into the
  184  Election Campaign Financing Trust Fund. A statement providing an
  185  explanation of the purpose of the trust fund shall also be
  186  included; and
  187         (g)(h) Such additional information as may be necessary or
  188  appropriate to enable the Department of State to carry out the
  189  provisions of this act.
  190         Section 8. Section 106.34, Florida Statutes, is amended to
  191  read:
  192         (Substantial rewording of section. See
  193         s. 106.34, F.S., for present text.)
  194         106.34Expenditure limits.—
  195         (1)Any candidate for Governor, Lieutenant Governor, or
  196  Cabinet officer who requests contributions from the Election
  197  Campaign Financing Trust Fund shall limit his or her total
  198  expenditures as follows:
  199         (a)Governor or Lieutenant Governor: $7 million.
  200         (b)Cabinet officer: $3 million.
  201         (2)The expenditure limit for any candidate who has primary
  202  election opposition only is 60 percent of the limit provided in
  203  subsection (1).
  204         (3)The expenditure limit shall be adjusted quadrennially
  205  by the Secretary of State to reflect the rate of inflation or
  206  deflation as indicated in the Consumer Price Index for All Urban
  207  Consumers, U.S. City Average, All Items, 1967=100, or successor
  208  reports as reported by the Bureau of Labor Statistics of the
  209  United States Department of Labor.
  210         (4)As used in this section, the term “expenditure” does
  211  not include the payment of compensation for legal and accounting
  212  services rendered on behalf of a candidate.
  213         Section 9. Sections 1 through 7 of this act shall take
  214  effect on the effective date of Senate Joint Resolution 566, or
  215  a similar joint resolution having substantially the same
  216  specific intent and purpose, if that joint resolution is
  217  approved by the electors at the general election to be held in
  218  November 2010, and section 8 of this act and this section shall
  219  take effect January 1, 2010.