Florida Senate - 2010                              CS for SB 880
       
       
       
       By the Committee on Ethics and Elections; and Senator Alexander
       
       
       
       
       582-02704-10                                           2010880c1
    1                        A bill to be entitled                      
    2         An act relating to campaign financing; amending s.
    3         103.081, F.S.; permitting the use of a political
    4         party’s name, abbreviation, or symbol by an affiliated
    5         party committee under certain circumstances; creating
    6         s. 103.092, F.S.; providing for the establishment of
    7         affiliated party committees; providing a definition;
    8         delineating duties and responsibilities of such
    9         committees; amending s. 103.121, F.S.; requiring
   10         certain assessments to be paid to an affiliated party
   11         committee; amending s. 106.011, F.S.; revising the
   12         definition of the term “political committee” to remove
   13         certain reporting requirements included in the
   14         exclusion of electioneering communications
   15         organizations from the definition and to allow
   16         contributions to an affiliated party committee; adding
   17         an affiliated party committee to the list of entities
   18         not considered a political committee under ch. 106,
   19         F.S.; revising the definition of the term “independent
   20         expenditure” to specify that certain expenditures are
   21         not considered an independent expenditure; revising
   22         the definition of the term “person” to include an
   23         affiliated party committee; revising the definition of
   24         the term “filing officer” to expand applicability to
   25         electioneering communications organizations; revising
   26         the definition of the term “electioneering
   27         communication” to conform to certain federal
   28         requirements and to delineate what constitutes such a
   29         communication; revising the definition of the term
   30         “electioneering communications organization”; amending
   31         s. 106.021, F.S.; providing that certain expenditures
   32         by an affiliated party committee are not considered a
   33         contribution or expenditure to or for a candidate;
   34         amending s. 106.025, F.S.; exempting an affiliated
   35         party committee from certain campaign fund raising
   36         requirements; amending s. 106.03, F.S.; revising the
   37         registration requirements for electioneering
   38         communications organizations; revising the statement
   39         of organization requirements; revising rule adoption
   40         requirements relating to dissolution of political
   41         committees and electioneering communications
   42         organizations; amending s. 106.04, F.S.; requiring
   43         that a committee of continuous existence report
   44         receipts from and transfers to an affiliated party
   45         committee; amending s. 106.0701, F.S.; exempting an
   46         affiliated party committee from certain filing
   47         requirements; amending s. 106.0703, F.S.;
   48         consolidating reporting requirements in ch. 106, F.S.,
   49         applicable to electioneering communications
   50         organizations; providing penalties; conforming
   51         provisions; amending s. 106.0705, F.S., relating to
   52         electronic filing of campaign treasurer’s reports;
   53         conforming provisions; requiring an affiliated party
   54         committee to file certain reports with the Division of
   55         Elections; providing that a report filed by the leader
   56         and treasurer of an affiliated party committee is
   57         considered to be under oath; amending s. 106.071,
   58         F.S.; increasing the aggregate amount of expenditures
   59         required for filing certain reports related to
   60         independent expenditures or electioneering
   61         communications; amending s. 106.08, F.S.; removing
   62         certain limitations on contributions received by an
   63         electioneering communications organization; providing
   64         that an affiliated party committee is treated like a
   65         political party regarding limitations on
   66         contributions; deleting the 28-day restriction on
   67         acceptance of certain funds preceding a general
   68         election; placing certain restrictions on solicitation
   69         for and making of contributions; providing guidelines
   70         for acceptance of in-kind contributions; adding an
   71         affiliated party committee to entities subject to
   72         penalties; creating s. 106.088, F.S.; requiring the
   73         subscribing to an oath or affirmation prior to receipt
   74         of certain funds; providing the form of the oath;
   75         providing penalties; providing that undistributed
   76         funds shall be deposited into the General Revenue
   77         Fund; amending s. 106.141, F.S.; adding affiliated
   78         party committees to the list of entities to which a
   79         candidate may donate surplus funds; amending s.
   80         106.143, F.S.; requiring an affiliated party
   81         committee, like a political party, to obtain advance
   82         approval by a candidate for political advertisements;
   83         amending s. 106.1439, F.S.; providing identification
   84         requirements for certain electioneering
   85         communications; providing an exception for telephone
   86         calls; amending s. 106.147, F.S., relating to
   87         telephone solicitation disclosure requirements;
   88         removing requirements relating to electioneering
   89         communication, to conform; revising the definition of
   90         the term “person” to include an affiliated party
   91         committee; providing penalties; amending s. 106.165,
   92         F.S.; adding affiliated party committees to the
   93         entities that must use closed captioning and
   94         descriptive narrative in all television broadcasts;
   95         amending s. 106.17, F.S.; adding affiliated party
   96         committees to those entities authorized to conduct
   97         polls and surveys relating to candidacies; amending s.
   98         106.23, F.S.; providing that an affiliated party
   99         committee shall be provided an advisory opinion by the
  100         Division of Elections when requested; amending s.
  101         106.265, F.S.; authorizing the imposition of civil
  102         penalties by the Florida Elections Commission for
  103         certain violations by an affiliated party committee;
  104         amending s. 106.27, F.S.; adding affiliated party
  105         committees to those entities subject to certain
  106         determinations and legal disposition by the Florida
  107         Elections Commission; amending s. 106.29, F.S.;
  108         requiring filing of certain reports by an affiliated
  109         party committee; providing restrictions on certain
  110         expenditures and contributions; providing penalties;
  111         amending s. 11.045, F.S., relating to lobbying before
  112         the Legislature; excluding contributions and
  113         expenditures by an affiliated party committee from the
  114         definition of the term “expenditure”; amending s.
  115         112.312, F.S.; providing that certain activities
  116         pertaining to an affiliated party committee are
  117         excluded from the definition of the term “gift”;
  118         amending s. 112.3215, F.S., relating to lobbying
  119         before the executive branch or the Constitution
  120         Revision Commission; excluding contributions and
  121         expenditures by an affiliated party committee from the
  122         definition of the term “expenditure”; reenacting ss.
  123         106.011(1)(b), (3), (4), (18), and (19), 106.022(1),
  124         106.03(1)(b), 106.04(5), 106.0703, 106.0705(2)(b),
  125         106.071(1), 106.08(7), 106.1437, 106.1439, and 106.17,
  126         F.S., relating to definitions, registered office and
  127         agent requirements, registration requirements,
  128         prohibited activities for committees of continuous
  129         existence, additional reporting requirements,
  130         electronic filing requirements, expenditure reports,
  131         penalties for violations pertaining to limitations on
  132         contributions, miscellaneous advertisements,
  133         electioneering communications disclaimers and
  134         penalties for failure to include disclaimers, and
  135         polls and surveys pertaining to candidacies, to cure
  136         and conform; providing an effective date.
  137  
  138  Be It Enacted by the Legislature of the State of Florida:
  139  
  140         Section 1. Subsection (4) is added to section 103.081,
  141  Florida Statutes, to read:
  142         103.081 Use of party name; political advertising.—
  143         (4) Notwithstanding any other provision of law to the
  144  contrary, an affiliated party committee shall be entitled to use
  145  the name, abbreviation, or symbol of the political party of its
  146  leader as defined in s. 103.092.
  147         Section 2. Section 103.092, Florida Statutes, is created to
  148  read:
  149         103.092 Affiliated party committees.—
  150         (1) For purposes of this section, the term “leader” means
  151  the President of the Senate, the Speaker of the House of
  152  Representatives, or the minority leader of either house of the
  153  Legislature, until a person is designated by a political party
  154  conference of members of either house to succeed to any such
  155  position, at which time the designee becomes the leader for
  156  purposes of this section.
  157         (2) The leader of each political party conference of the
  158  House of Representatives and the Senate may establish a
  159  separate, affiliated party committee to support the election of
  160  candidates of the leader’s political party. The affiliated party
  161  committee is subject to the same provisions of chapter 106 as a
  162  political party.
  163         (3) Each affiliated party committee shall:
  164         (a) Adopt bylaws to include, at a minimum, the designation
  165  of a treasurer.
  166         (b) Conduct campaigns for candidates who are members of the
  167  leader’s political party.
  168         (c) Establish an account.
  169         (d) Raise and expend funds. Such funds may not be expended
  170  or committed to be expended except when authorized by the leader
  171  of the affiliated party committee.
  172         Section 3. Paragraph (b) of subsection (1) of section
  173  103.121, Florida Statutes, is amended to read:
  174         103.121 Powers and duties of executive committees.—
  175         (1)
  176         (b) The county executive committee shall receive payment of
  177  assessments upon candidates to be voted for in a single county
  178  except state senators, state and members of the House of
  179  representatives, and representatives to the Congress of the
  180  United States; an affiliated party committee controlled by a
  181  leader of the Senate as defined in s. 103.092 shall receive
  182  payment of assessments upon candidates for the office of state
  183  senator and an affiliated party committee controlled by a leader
  184  of the House of Representatives as defined in s. 103.092 shall
  185  receive payment of assessments upon candidates for the office of
  186  state representative; and the state executive committees shall
  187  receive all other assessments authorized. All party assessments
  188  shall be 2 percent of the annual salary of the office sought by
  189  the respective candidate. All such committee assessments shall
  190  be remitted to the state executive committee of the appropriate
  191  party and distributed in accordance with subsection (5), except
  192  that assessments for candidates for the office of state senator
  193  or state representative shall be remitted to the appropriate
  194  affiliated party committee.
  195         Section 4. Paragraph (a) of subsection (1) of section of
  196  section 106.011, Florida Statutes, is amended, paragraph (b) of
  197  subsection (1) of that section is reenacted and amended,
  198  subsections (3) and (4) of that section are reenacted,
  199  subsections (5), (8), and (14) of that section are amended, and
  200  subsections (18) and (19) of that section are reenacted and
  201  amended, to read:
  202         106.011 Definitions.—As used in this chapter, the following
  203  terms have the following meanings unless the context clearly
  204  indicates otherwise:
  205         (1)(a) “Political committee” means:
  206         1. A combination of two or more individuals, or a person
  207  other than an individual, that, in an aggregate amount in excess
  208  of $500 during a single calendar year:
  209         a. Accepts contributions for the purpose of making
  210  contributions to any candidate, political committee, committee
  211  of continuous existence, affiliated party committee, or
  212  political party;
  213         b. Accepts contributions for the purpose of expressly
  214  advocating the election or defeat of a candidate or the passage
  215  or defeat of an issue;
  216         c. Makes expenditures that expressly advocate the election
  217  or defeat of a candidate or the passage or defeat of an issue;
  218  or
  219         d. Makes contributions to a common fund, other than a joint
  220  checking account between spouses, from which contributions are
  221  made to any candidate, political committee, committee of
  222  continuous existence, affiliated party committee, or political
  223  party;
  224         2. The sponsor of a proposed constitutional amendment by
  225  initiative who intends to seek the signatures of registered
  226  electors.
  227         (b) Notwithstanding paragraph (a), the following entities
  228  are not considered political committees for purposes of this
  229  chapter:
  230         1. Organizations which are certified by the Department of
  231  State as committees of continuous existence pursuant to s.
  232  106.04, national political parties, and the state and county
  233  executive committees of political parties, and affiliated party
  234  committees regulated by chapter 103.
  235         2. Corporations regulated by chapter 607 or chapter 617 or
  236  other business entities formed for purposes other than to
  237  support or oppose issues or candidates, if their political
  238  activities are limited to contributions to candidates, political
  239  parties, affiliated party committees, or political committees or
  240  expenditures in support of or opposition to an issue from
  241  corporate or business funds and if no contributions are received
  242  by such corporations or business entities.
  243         3. Electioneering communications organizations as defined
  244  in subsection (19); however, such organizations shall be
  245  required to register with and report expenditures and
  246  contributions, including contributions received from committees
  247  of continuous existence, to the Division of Elections in the
  248  same manner, at the same time, and subject to the same penalties
  249  as a political committee supporting or opposing an issue or a
  250  legislative candidate, except as otherwise specifically provided
  251  in this chapter.
  252         (3) “Contribution” means:
  253         (a) A gift, subscription, conveyance, deposit, loan,
  254  payment, or distribution of money or anything of value,
  255  including contributions in kind having an attributable monetary
  256  value in any form, made for the purpose of influencing the
  257  results of an election or making an electioneering
  258  communication.
  259         (b) A transfer of funds between political committees,
  260  between committees of continuous existence, between
  261  electioneering communications organizations, or between any
  262  combination of these groups.
  263         (c) The payment, by any person other than a candidate or
  264  political committee, of compensation for the personal services
  265  of another person which are rendered to a candidate or political
  266  committee without charge to the candidate or committee for such
  267  services.
  268         (d) The transfer of funds by a campaign treasurer or deputy
  269  campaign treasurer between a primary depository and a separate
  270  interest-bearing account or certificate of deposit, and the term
  271  includes any interest earned on such account or certificate.
  272  
  273  Notwithstanding the foregoing meanings of “contribution,” the
  274  word shall not be construed to include services, including, but
  275  not limited to, legal and accounting services, provided without
  276  compensation by individuals volunteering a portion or all of
  277  their time on behalf of a candidate or political committee. This
  278  definition shall not be construed to include editorial
  279  endorsements.
  280         (4)(a) “Expenditure” means a purchase, payment,
  281  distribution, loan, advance, transfer of funds by a campaign
  282  treasurer or deputy campaign treasurer between a primary
  283  depository and a separate interest-bearing account or
  284  certificate of deposit, or gift of money or anything of value
  285  made for the purpose of influencing the results of an election
  286  or making an electioneering communication. However,
  287  “expenditure” does not include a purchase, payment,
  288  distribution, loan, advance, or gift of money or anything of
  289  value made for the purpose of influencing the results of an
  290  election when made by an organization, in existence prior to the
  291  time during which a candidate qualifies or an issue is placed on
  292  the ballot for that election, for the purpose of printing or
  293  distributing such organization’s newsletter, containing a
  294  statement by such organization in support of or opposition to a
  295  candidate or issue, which newsletter is distributed only to
  296  members of such organization.
  297         (b) As used in this chapter, an “expenditure” for an
  298  electioneering communication is made when the earliest of the
  299  following occurs:
  300         1. A person enters into a contract for applicable goods or
  301  services;
  302         2. A person makes payment, in whole or in part, for the
  303  production or public dissemination of applicable goods or
  304  services; or
  305         3. The electioneering communication is publicly
  306  disseminated.
  307         (5)(a) “Independent expenditure” means an expenditure by a
  308  person for the purpose of expressly advocating the election or
  309  defeat of a candidate or the approval or rejection of an issue,
  310  which expenditure is not controlled by, coordinated with, or
  311  made upon consultation with, any candidate, political committee,
  312  or agent of such candidate or committee. An expenditure for such
  313  purpose by a person having a contract with the candidate,
  314  political committee, or agent of such candidate or committee in
  315  a given election period shall not be deemed an independent
  316  expenditure.
  317         (b) An expenditure for the purpose of expressly advocating
  318  the election or defeat of a candidate which is made by the
  319  national, state, or county executive committee of a political
  320  party, including any subordinate committee of the a national,
  321  state, or county committee of a political party, an affiliated
  322  party committee, a or by any political committee, a or committee
  323  of continuous existence, or any other person, shall not be
  324  considered an independent expenditure if the committee or
  325  person:
  326         1. Communicates with the candidate, the candidate’s
  327  campaign, or an agent of the candidate acting on behalf of the
  328  candidate, including any pollster, media consultant, advertising
  329  agency, vendor, advisor, or staff member, concerning the
  330  preparation of, use of, or payment for, the specific expenditure
  331  or advertising campaign at issue; or
  332         2. Makes a payment in cooperation, consultation, or concert
  333  with, at the request or suggestion of, or pursuant to any
  334  general or particular understanding with the candidate, the
  335  candidate’s campaign, a political committee supporting the
  336  candidate, or an agent of the candidate relating to the specific
  337  expenditure or advertising campaign at issue; or
  338         3. Makes a payment for the dissemination, distribution, or
  339  republication, in whole or in part, of any broadcast or any
  340  written, graphic, or other form of campaign material prepared by
  341  the candidate, the candidate’s campaign, or an agent of the
  342  candidate, including any pollster, media consultant, advertising
  343  agency, vendor, advisor, or staff member; or
  344         4. Makes a payment based on information about the
  345  candidate’s plans, projects, or needs communicated to a member
  346  of the committee or person by the candidate or an agent of the
  347  candidate, provided the committee or person uses the information
  348  in any way, in whole or in part, either directly or indirectly,
  349  to design, prepare, or pay for the specific expenditure or
  350  advertising campaign at issue; or
  351         5. After the last day of qualifying for statewide or
  352  legislative office, consults about the candidate’s plans,
  353  projects, or needs in connection with the candidate’s pursuit of
  354  election to office and the information is used in any way to
  355  plan, create, design, or prepare an independent expenditure or
  356  advertising campaign, with:
  357         a. Any officer, director, employee, or agent of a national,
  358  state, or county executive committee of a political party or an
  359  affiliated party committee that has made or intends to make
  360  expenditures in connection with or contributions to the
  361  candidate; or
  362         b. Any person whose professional services have been
  363  retained by a national, state, or county executive committee of
  364  a political party or an affiliated party committee that has made
  365  or intends to make expenditures in connection with or
  366  contributions to the candidate; or
  367         6. After the last day of qualifying for statewide or
  368  legislative office, retains the professional services of any
  369  person also providing those services to the candidate in
  370  connection with the candidate’s pursuit of election to office;
  371  or
  372         7. Arranges, coordinates, or directs the expenditure, in
  373  any way, with the candidate or an agent of the candidate.
  374         (8) “Person” means an individual or a corporation,
  375  association, firm, partnership, joint venture, joint stock
  376  company, club, organization, estate, trust, business trust,
  377  syndicate, or other combination of individuals having collective
  378  capacity. The term includes a political party, affiliated party
  379  committee, political committee, or committee of continuous
  380  existence.
  381         (14) “Filing officer” means the person before whom a
  382  candidate qualifies, the agency or officer with whom a political
  383  committee or an electioneering communications organization
  384  registers, or the agency by whom a committee of continuous
  385  existence is certified.
  386         (18)(a) “Electioneering communication” means any
  387  communication publicly distributed by a television station,
  388  radio station, cable television system, satellite system,
  389  newspaper, magazine, direct mail, or telephone a paid expression
  390  in any communications media prescribed in subsection (13) by
  391  means other than the spoken word in direct conversation that:
  392         1. Refers to or depicts a clearly identified candidate for
  393  office or contains a clear reference indicating that an issue is
  394  to be voted on at an election, without expressly advocating the
  395  election or defeat of a candidate but that is susceptible of no
  396  reasonable interpretation other than an appeal to vote for or
  397  against a specific candidate; or the passage or defeat of an
  398  issue.
  399         2. Is made within 30 days before a primary or special
  400  primary election or 60 days before any other election for the
  401  office sought by the candidate; and
  402         3. Is For communications referring to or depicting a
  403  clearly identified candidate for office, is targeted to the
  404  relevant electorate. A communication is considered targeted if
  405  1,000 or more persons in the geographic area the candidate would
  406  represent if elected will receive the communication.
  407         3. For communications containing a clear reference
  408  indicating that an issue is to be voted on at an election, is
  409  published after the issue is designated a ballot position or 120
  410  days before the date of the election on the issue, whichever
  411  occurs first.
  412         (b) The term “electioneering communication” does not
  413  include:
  414         1. A communication disseminated through a means of
  415  communication other than a television station, radio station,
  416  cable television system, satellite system, newspaper, magazine,
  417  direct mail, telephone, or statement or depiction by an
  418  organization, in existence prior to the time during which a
  419  candidate named or depicted qualifies or an issue identified is
  420  placed on the ballot for that election, made in that
  421  organization’s newsletter, which newsletter is distributed only
  422  to members of that organization.
  423         2. A communication in a news story, commentary, or
  424  editorial distributed through the facilities of any radio
  425  station, television station, cable television system, or
  426  satellite system, unless the facilities are owned or controlled
  427  by any political party, political committee, or candidate. A
  428  news story distributed through the facilities owned or
  429  controlled by any political party, political committee, or
  430  candidate may nevertheless be exempt if it represents a bona
  431  fide news account communicated through a licensed broadcasting
  432  facility and the communication is part of a general pattern of
  433  campaign-related news accounts that give reasonably equal
  434  coverage to all opposing candidates in the area An editorial
  435  endorsement, news story, commentary, or editorial by any
  436  newspaper, radio, television station, or other recognized news
  437  medium.
  438         3. A communication that constitutes a public debate or
  439  forum that includes at least two opposing candidates for an
  440  office or one advocate and one opponent of an issue, or that
  441  solely promotes such a debate or forum and is made by or on
  442  behalf of the person sponsoring the debate or forum, provided
  443  that:
  444         a. The staging organization is either:
  445         (I) A charitable organization that does not make other
  446  electioneering communications and does not otherwise support or
  447  oppose any political candidate or political party; or
  448         (II) A newspaper, radio station, television station, or
  449  other recognized news medium; and
  450         b. The staging organization does not structure the debate
  451  to promote or advance one candidate or issue position over
  452  another.
  453         (c) For purposes of this chapter, an expenditure made for,
  454  or in furtherance of, an electioneering communication shall not
  455  be considered a contribution to or on behalf of any candidate.
  456         (d) For purposes of this chapter, an electioneering
  457  communication shall not constitute an independent expenditure
  458  nor be subject to the limitations applicable to independent
  459  expenditures.
  460         (19) “Electioneering communications organization” means any
  461  group, other than a political party, affiliated party committee,
  462  political committee, or committee of continuous existence, whose
  463  election-related activities are limited to making expenditures
  464  for electioneering communications or accepting contributions for
  465  the purpose of making electioneering communications and whose
  466  activities would not otherwise require the group to register as
  467  a political party, political committee, or committee of
  468  continuous existence under this chapter.
  469         Section 5. Subsection (3) of section 106.021, Florida
  470  Statutes, is amended to read:
  471         106.021 Campaign treasurers; deputies; primary and
  472  secondary depositories.—
  473         (3) No contribution or expenditure, including contributions
  474  or expenditures of a candidate or of the candidate’s family,
  475  shall be directly or indirectly made or received in furtherance
  476  of the candidacy of any person for nomination or election to
  477  political office in the state or on behalf of any political
  478  committee except through the duly appointed campaign treasurer
  479  of the candidate or political committee, subject to the
  480  following exceptions:
  481         (a) Independent expenditures;
  482         (b) Reimbursements to a candidate or any other individual
  483  for expenses incurred in connection with the campaign or
  484  activities of the political committee by a check drawn upon the
  485  campaign account and reported pursuant to s. 106.07(4). After
  486  July 1, 2004, the full name and address of each person to whom
  487  the candidate or other individual made payment for which
  488  reimbursement was made by check drawn upon the campaign account
  489  shall be reported pursuant to s. 106.07(4), together with the
  490  purpose of such payment;
  491         (c) Expenditures made indirectly through a treasurer for
  492  goods or services, such as communications media placement or
  493  procurement services, campaign signs, insurance, or other
  494  expenditures that include multiple integral components as part
  495  of the expenditure and reported pursuant to s. 106.07(4)(a)13.;
  496  or
  497         (d) Expenditures made directly by any political committee,
  498  affiliated party committee, or political party regulated by
  499  chapter 103 for obtaining time, space, or services in or by any
  500  communications medium for the purpose of jointly endorsing three
  501  or more candidates, and any such expenditure shall not be
  502  considered a contribution or expenditure to or on behalf of any
  503  such candidates for the purposes of this chapter.
  504         Section 6. Subsection (1) of section 106.022, Florida
  505  Statutes, is reenacted to read:
  506         106.022 Appointment of a registered agent; duties.—
  507         (1) Each political committee, committee of continuous
  508  existence, or electioneering communications organization shall
  509  have and continuously maintain in this state a registered office
  510  and a registered agent and must file with the division a
  511  statement of appointment for the registered office and
  512  registered agent. The statement of appointment must:
  513         (a) Provide the name of the registered agent and the street
  514  address and phone number for the registered office;
  515         (b) Identify the entity for whom the registered agent
  516  serves;
  517         (c) Designate the address the registered agent wishes to
  518  use to receive mail;
  519         (d) Include the entity’s undertaking to inform the division
  520  of any change in such designated address;
  521         (e) Provide for the registered agent’s acceptance of the
  522  appointment, which must confirm that the registered agent is
  523  familiar with and accepts the obligations of the position as set
  524  forth in this section; and
  525         (f) Contain the signature of the registered agent and the
  526  entity engaging the registered agent.
  527         Section 7. Subsection (2) of section 106.025, Florida
  528  Statutes, is amended to read:
  529         106.025 Campaign fund raisers.—
  530         (2) This section shall not apply to any campaign fund
  531  raiser held on behalf of a political party by the state or
  532  county executive committee or an affiliated party committee of
  533  such party, provided that the proceeds of such campaign fund
  534  raiser are reported pursuant to s. 106.29.
  535         Section 8. Paragraph (b) of subsection (1) of section
  536  106.03, Florida Statutes, is reenacted and amended, and
  537  subsections (2), (4), and (7) of that section are amended, to
  538  read:
  539         106.03 Registration of political committees and
  540  electioneering communications organizations.—
  541         (1)
  542         (b)1. Each electioneering communications organization that
  543  receives anticipates receiving contributions or makes making
  544  expenditures during a calendar year in an aggregate amount
  545  exceeding $5,000 shall file a statement of organization as
  546  provided in subparagraph 2. subsection (3) by expedited delivery
  547  within 24 hours after its organization or, if later, within 24
  548  hours after the date on which it receives has information that
  549  causes the organization to anticipate that it will receive
  550  contributions or makes make expenditures for an electioneering
  551  communication in excess of $5,000.
  552         2.a. In a statewide, legislative, or multicounty election,
  553  an electioneering communications organization shall file a
  554  statement of organization with the Division of Elections.
  555         b. In a countywide election or any election held on less
  556  than a countywide basis, except as described in sub-subparagraph
  557  c., an electioneering communications organization shall file a
  558  statement of organization with the supervisor of elections of
  559  the county in which the election is being held.
  560         c. In a municipal election, an electioneering
  561  communications organization shall file a statement of
  562  organization with the officer before whom municipal candidates
  563  qualify.
  564         d. Any electioneering communications organization that
  565  would be required to file a statement of organization in two or
  566  more locations by reason of the organization’s intention to
  567  support or oppose candidates at state or multicounty and local
  568  levels of government need only file a statement of organization
  569  with the Division of Elections.
  570         (2) The statement of organization shall include:
  571         (a) The name, mailing address, and street address of the
  572  committee or electioneering communications organization;
  573         (b) The names, street addresses, and relationships of
  574  affiliated or connected organizations;
  575         (c) The area, scope, or jurisdiction of the committee or
  576  electioneering communications organization;
  577         (d) The name, mailing address, street address, and position
  578  of the custodian of books and accounts;
  579         (e) The name, mailing address, street address, and position
  580  of other principal officers, including the treasurer and deputy
  581  treasurer including officers and members of the finance
  582  committee, if any;
  583         (f) The name, address, office sought, and party affiliation
  584  of:
  585         1. Each candidate whom the committee is supporting;
  586         2. Any other individual, if any, whom the committee is
  587  supporting for nomination for election, or election, to any
  588  public office whatever;
  589         (g) Any issue or issues the committee such organization is
  590  supporting or opposing;
  591         (h) If the committee is supporting the entire ticket of any
  592  party, a statement to that effect and the name of the party;
  593         (i) A statement of whether the committee is a continuing
  594  one;
  595         (j) Plans for the disposition of residual funds which will
  596  be made in the event of dissolution;
  597         (k) A listing of all banks, safe-deposit boxes, or other
  598  depositories used for committee or electioneering communications
  599  organization funds; and
  600         (l) A statement of the reports required to be filed by the
  601  committee or the electioneering communications organization with
  602  federal officials, if any, and the names, addresses, and
  603  positions of such officials; and
  604         (m) A statement of whether the electioneering
  605  communications organization was formed as a newly created
  606  organization during the current calendar quarter or was formed
  607  from an organization existing prior to the current calendar
  608  quarter. For purposes of this subsection, calendar quarters end
  609  the last day of March, June, September, and December.
  610         (4) Any change in information previously submitted in a
  611  statement of organization shall be reported to the agency or
  612  officer with whom such committee or electioneering
  613  communications organization is required to register pursuant to
  614  subsection (3), within 10 days following the change.
  615         (7) The Division of Elections shall adopt promulgate rules
  616  to prescribe the manner in which inactive committees and
  617  electioneering communications organizations may be dissolved and
  618  have their registration canceled. Such rules shall, at a
  619  minimum, provide for:
  620         (a) Notice which shall contain the facts and conduct which
  621  warrant the intended action, including but not limited to
  622  failure to file reports and limited activity.
  623         (b) Adequate opportunity to respond.
  624         (c) Appeal of the decision to the Florida Elections
  625  Commission. Such appeals shall be exempt from the
  626  confidentiality provisions of s. 106.25.
  627         Section 9. Paragraph (c) of subsection (4) of section
  628  106.04, Florida Statutes, is amended, and subsection (5) of that
  629  section is reenacted, to read:
  630         106.04 Committees of continuous existence.—
  631         (4)
  632         (c) All committees of continuous existence shall file their
  633  reports with the Division of Elections. Reports shall be filed
  634  in accordance with s. 106.0705 and shall contain the following
  635  information:
  636         1. The full name, address, and occupation of each person
  637  who has made one or more contributions, including contributions
  638  that represent the payment of membership dues, to the committee
  639  during the reporting period, together with the amounts and dates
  640  of such contributions. For corporations, the report must provide
  641  as clear a description as practicable of the principal type of
  642  business conducted by the corporation. However, if the
  643  contribution is $100 or less, the occupation of the contributor
  644  or principal type of business need not be listed. However, for
  645  any contributions that represent the payment of dues by members
  646  in a fixed amount aggregating no more than $250 per calendar
  647  year, pursuant to the schedule on file with the Division of
  648  Elections, only the aggregate amount of such contributions need
  649  be listed, together with the number of members paying such dues
  650  and the amount of the membership dues.
  651         2. The name and address of each political committee or
  652  committee of continuous existence from which the reporting
  653  committee received, or the name and address of each political
  654  committee, committee of continuous existence, affiliated party
  655  committee, or political party to which it made, any transfer of
  656  funds, together with the amounts and dates of all transfers.
  657         3. Any other receipt of funds not listed pursuant to
  658  subparagraph 1. or subparagraph 2., including the sources and
  659  amounts of all such funds.
  660         4. The name and address of, and office sought by, each
  661  candidate to whom the committee has made a contribution during
  662  the reporting period, together with the amount and date of each
  663  contribution.
  664         5. The full name and address of each person to whom
  665  expenditures have been made by or on behalf of the committee
  666  within the reporting period; the amount, date, and purpose of
  667  each such expenditure; and the name and address, and office
  668  sought by, each candidate on whose behalf such expenditure was
  669  made.
  670         6. The full name and address of each person to whom an
  671  expenditure for personal services, salary, or reimbursement for
  672  authorized expenses has been made, including the full name and
  673  address of each entity to whom the person made payment for which
  674  reimbursement was made by check drawn upon the committee
  675  account, together with the amount and purpose of such payment.
  676         7. Transaction information from each credit card statement
  677  that will be included in the next report following receipt
  678  thereof by the committee. Receipts for each credit card purchase
  679  shall be retained by the treasurer with the records for the
  680  committee account.
  681         8. The total sum of expenditures made by the committee
  682  during the reporting period.
  683         (5) No committee of continuous existence shall make an
  684  electioneering communication, contribute to any candidate or
  685  political committee an amount in excess of the limits contained
  686  in s. 106.08(1), or participate in any activity which is
  687  prohibited by this chapter. If any violation occurs, it shall be
  688  punishable as provided in this chapter for the given offense. No
  689  funds of a committee of continuous existence shall be expended
  690  on behalf of a candidate, except by means of a contribution made
  691  through the duly appointed campaign treasurer of a candidate. No
  692  such committee shall make expenditures in support of, or in
  693  opposition to, an issue unless such committee first registers as
  694  a political committee pursuant to this chapter and undertakes
  695  all the practices and procedures required thereof; provided such
  696  committee may make contributions in a total amount not to exceed
  697  25 percent of its aggregate income, as reflected in the annual
  698  report filed for the previous year, to one or more political
  699  committees registered pursuant to s. 106.03 and formed to
  700  support or oppose issues.
  701         Section 10. Subsection (5) of section 106.0701, Florida
  702  Statutes, is amended to read:
  703         106.0701 Solicitation of contributions on behalf of s. 527
  704  or s. 501(c)(4) organizations; reporting requirements; civil
  705  penalty; exemption.—
  706         (5) The filing requirements of subsection (1) do not apply
  707  to an individual acting on behalf of his or her own campaign, or
  708  a political party, or an affiliated party committee of which the
  709  individual is a member.
  710         Section 11. Section 106.0703, Florida Statutes, is
  711  reenacted and amended to read:
  712         106.0703 Electioneering communications organizations;
  713  additional reporting requirements; certification and filing;
  714  penalties.—
  715         (1)(a) Each electioneering communications organization
  716  shall file regular reports of all contributions received and all
  717  expenditures made by or on behalf of the organization. Reports
  718  shall be filed on the 10th day following the end of each
  719  calendar quarter from the time the organization is registered.
  720  However, if the 10th day following the end of a calendar quarter
  721  occurs on a Saturday, Sunday, or legal holiday, the report shall
  722  be filed on the next following day that is not a Saturday,
  723  Sunday, or legal holiday. Quarterly reports shall include all
  724  contributions received and expenditures made during the calendar
  725  quarter that have not otherwise been reported pursuant to this
  726  section.
  727         (b) Following the last day of candidates qualifying for
  728  office, the reports shall be filed on the 32nd, 18th, and 4th
  729  days immediately preceding the primary election and on the 46th,
  730  32nd, 18th, and 4th days immediately preceding the general
  731  election.
  732         (c) When a special election is called to fill a vacancy in
  733  office, all electioneering communications organizations making
  734  contributions or expenditures to influence the results of the
  735  special election shall file reports with the filing officer on
  736  the dates set by the Department of State pursuant to s. 100.111.
  737         (d) In addition to the reports required by paragraph (a),
  738  an electioneering communications organization that is registered
  739  with the Department of State and that makes a contribution or
  740  expenditure to influence the results of a county or municipal
  741  election that is not being held at the same time as a state or
  742  federal election must file reports with the county or municipal
  743  filing officer on the same dates as county or municipal
  744  candidates or committees for that election. The electioneering
  745  communications organization must also include the expenditure in
  746  the next report filed with the Division of Elections pursuant to
  747  this section following the county or municipal election.
  748         (e) The filing officer shall make available to each
  749  electioneering communications organization a schedule
  750  designating the beginning and end of reporting periods as well
  751  as the corresponding designated due dates.
  752         (2)(a) Except as provided in s. 106.0705, the reports
  753  required of an electioneering communications organization shall
  754  be filed with the filing officer not later than 5 p.m. of the
  755  day designated. However, any report postmarked by the United
  756  States Postal Service no later than midnight of the day
  757  designated shall be deemed to have been filed in a timely
  758  manner. Any report received by the filing officer within 5 days
  759  after the designated due date that was delivered by the United
  760  States Postal Service shall be deemed timely filed unless it has
  761  a postmark that indicates that the report was mailed after the
  762  designated due date. A certificate of mailing obtained from and
  763  dated by the United States Postal Service at the time of
  764  mailing, or a receipt from an established courier company, which
  765  bears a date on or before the date on which the report is due,
  766  shall be proof of mailing in a timely manner. Reports shall
  767  contain information of all previously unreported contributions
  768  received and expenditures made as of the preceding Friday,
  769  except that the report filed on the Friday immediately preceding
  770  the election shall contain information of all previously
  771  unreported contributions received and expenditures made as of
  772  the day preceding the designated due date. All such reports
  773  shall be open to public inspection.
  774         (b)1. Any report that is deemed to be incomplete by the
  775  officer with whom the electioneering communications organization
  776  files shall be accepted on a conditional basis. The treasurer of
  777  the electioneering communications organization shall be
  778  notified, by certified mail or other common carrier that can
  779  establish proof of delivery for the notice, as to why the report
  780  is incomplete. Within 7 days after receipt of such notice, the
  781  treasurer must file an addendum to the report providing all
  782  information necessary to complete the report in compliance with
  783  this section. Failure to file a complete report after such
  784  notice constitutes a violation of this chapter.
  785         2. Notice is deemed sufficient upon proof of delivery of
  786  written notice to the mailing or street address of the treasurer
  787  or registered agent of the electioneering communication
  788  organization on record with the filing officer.
  789         (3)(a) Each report required by this section must contain:
  790         1. The full name, address, and occupation, if any, of each
  791  person who has made one or more contributions to or for such
  792  electioneering communications organization within the reporting
  793  period, together with the amount and date of such contributions.
  794  For corporations, the report must provide as clear a description
  795  as practicable of the principal type of business conducted by
  796  the corporation. However, if the contribution is $100 or less,
  797  the occupation of the contributor or the principal type of
  798  business need not be listed.
  799         2. The name and address of each political committee from
  800  which or to which the reporting electioneering communications
  801  organization made any transfer of funds, together with the
  802  amounts and dates of all transfers.
  803         3. Each loan for electioneering communication purposes to
  804  or from any person or political committee within the reporting
  805  period, together with the full names, addresses, and occupations
  806  and principal places of business, if any, of the lender and
  807  endorsers, if any, and the date and amount of such loans.
  808         4. A statement of each contribution, rebate, refund, or
  809  other receipt not otherwise listed under subparagraphs 1.-3.
  810         5. The total sums of all loans, in-kind contributions, and
  811  other receipts by or for such electioneering communications
  812  organization during the reporting period. The reporting forms
  813  shall be designed to elicit separate totals for in-kind
  814  contributions, loans, and other receipts.
  815         6. The full name and address of each person to whom
  816  expenditures have been made by or on behalf of the
  817  electioneering communications organization within the reporting
  818  period and the amount, date, and purpose of each expenditure.
  819         7. The full name and address of each person to whom an
  820  expenditure for personal services, salary, or reimbursement for
  821  expenses has been made and that is not otherwise reported,
  822  including the amount, date, and purpose of the expenditure.
  823         8. The total sum of expenditures made by the electioneering
  824  communications organization during the reporting period.
  825         9. The amount and nature of debts and obligations owed by
  826  or to the electioneering communications organization that relate
  827  to the conduct of any electioneering communication.
  828         10. Transaction information for each credit card purchase.
  829  Receipts for each credit card purchase shall be retained by the
  830  electioneering communications organization.
  831         11. The amount and nature of any separate interest-bearing
  832  accounts or certificates of deposit and identification of the
  833  financial institution in which such accounts or certificates of
  834  deposit are located.
  835         12. The primary purposes of an expenditure made indirectly
  836  through an electioneering communications organization for goods
  837  and services, such as communications media placement or
  838  procurement services and other expenditures that include
  839  multiple components as part of the expenditure. The primary
  840  purpose of an expenditure shall be that purpose, including
  841  integral and directly related components, that comprises 80
  842  percent of such expenditure.
  843         (b) The filing officer shall make available to any
  844  electioneering communications organization a reporting form
  845  which the electioneering communications organization may use to
  846  indicate contributions received by the electioneering
  847  communications organization but returned to the contributor
  848  before deposit.
  849         (4) The treasurer of the electioneering communications
  850  organization shall certify as to the correctness of each report,
  851  and each person so certifying shall bear the responsibility for
  852  the accuracy and veracity of each report. Any treasurer who
  853  willfully certifies the correctness of any report while knowing
  854  that such report is incorrect, false, or incomplete commits a
  855  misdemeanor of the first degree, punishable as provided in s.
  856  775.082 or s. 775.083.
  857         (5) The electioneering communications organization
  858  depository shall provide statements reflecting deposits and
  859  expenditures from the account to the treasurer, who shall retain
  860  the records pursuant to s. 106.06. The records maintained by the
  861  depository with respect to the account shall be subject to
  862  inspection by an agent of the Division of Elections or the
  863  Florida Elections Commission at any time during normal banking
  864  hours, and such depository shall furnish certified copies of any
  865  such records to the Division of Elections or the Florida
  866  Elections Commission upon request.
  867         (6) Notwithstanding any other provisions of this chapter,
  868  in any reporting period during which an electioneering
  869  communications organization has not received funds, made any
  870  contributions, or expended any reportable funds, the treasurer
  871  shall file a written report with the filing officer by the
  872  prescribed reporting date that no reportable contributions or
  873  expenditures were made during the reporting period.
  874         (7)(a) Any electioneering communications organization
  875  failing to file a report on the designated due date shall be
  876  subject to a fine as provided in paragraph (b) for each late
  877  day. The fine shall be assessed by the filing officer and the
  878  moneys collected shall be deposited:
  879         1. In the General Revenue Fund, in the case of an
  880  electioneering communications organization that registers with
  881  the Division of Elections; or
  882         2. In the general revenue fund of the political
  883  subdivision, in the case of an electioneering communications
  884  organization that registers with an officer of a political
  885  subdivision.
  886  
  887  No separate fine shall be assessed for failure to file a copy of
  888  any report required by this section.
  889         (b) Upon determining that a report is late, the filing
  890  officer shall immediately notify the electioneering
  891  communications organization as to the failure to file a report
  892  by the designated due date and that a fine is being assessed for
  893  each late day. The fine shall be $50 per day for the first 3
  894  days late and, thereafter, $500 per day for each late day, not
  895  to exceed 25 percent of the total receipts or expenditures,
  896  whichever is greater, for the period covered by the late report.
  897  However, for the reports immediately preceding each primary and
  898  general election, the fine shall be $500 per day for each late
  899  day, not to exceed 25 percent of the total receipts or
  900  expenditures, whichever is greater, for the period covered by
  901  the late report. Upon receipt of the report, the filing officer
  902  shall determine the amount of the fine which is due and shall
  903  notify the electioneering communications organization. The
  904  filing officer shall determine the amount of the fine due based
  905  upon the earliest of the following:
  906         1. When the report is actually received by such officer.
  907         2. When the report is postmarked.
  908         3. When the certificate of mailing is dated.
  909         4. When the receipt from an established courier company is
  910  dated.
  911         5. When the electronic receipt issued pursuant to s.
  912  106.0705 or other electronic filing system authorized in this
  913  section is dated.
  914  
  915  Such fine shall be paid to the filing officer within 20 days
  916  after receipt of the notice of payment due, unless appeal is
  917  made to the Florida Elections Commission pursuant to paragraph
  918  (c). Notice is deemed sufficient upon proof of delivery of
  919  written notice to the mailing or street address on record with
  920  the filing officer. An officer or member of an electioneering
  921  communications organization shall not be personally liable for
  922  such fine.
  923         (c) The treasurer of an electioneering communications
  924  organization may appeal or dispute the fine, based upon, but not
  925  limited to, unusual circumstances surrounding the failure to
  926  file on the designated due date, and may request and shall be
  927  entitled to a hearing before the Florida Elections Commission,
  928  which shall have the authority to waive the fine in whole or in
  929  part. The Florida Elections Commission must consider the
  930  mitigating and aggravating circumstances contained in s.
  931  106.265(1) when determining the amount of a fine, if any, to be
  932  waived. Any such request shall be made within 20 days after
  933  receipt of the notice of payment due. In such case, the
  934  treasurer of the electioneering communications organization
  935  shall, within the 20-day period, notify the filing officer in
  936  writing of his or her intention to bring the matter before the
  937  commission.
  938         (d) The appropriate filing officer shall notify the Florida
  939  Elections Commission of the repeated late filing by an
  940  electioneering communications organization, the failure of an
  941  electioneering communications organization to file a report
  942  after notice, or the failure to pay the fine imposed. The
  943  commission shall investigate only those alleged late filing
  944  violations specifically identified by the filing officer and as
  945  set forth in the notification. Any other alleged violations must
  946  be stated separately and reported by the division to the
  947  commission under s. 106.25(2).
  948         (8)In addition to the reporting requirements in s. 106.07,
  949  An electioneering communications organization shall, within 2
  950  days after receiving its initial password or secure sign-on from
  951  the Department of State allowing confidential access to the
  952  department’s electronic campaign finance filing system,
  953  electronically file the periodic campaign finance reports that
  954  would have been required pursuant to this section s. 106.07 for
  955  reportable activities that occurred since the date of the last
  956  general election.
  957         Section 12. Paragraph (b) of subsection (2) of section
  958  106.0705, Florida Statutes, is reenacted and amended, and
  959  subsections (3) and (4) of that section are amended, to read:
  960         106.0705 Electronic filing of campaign treasurer’s
  961  reports.—
  962         (2)
  963         (b) Each political committee, committee of continuous
  964  existence, electioneering communications organization,
  965  affiliated party committee, or state executive committee that is
  966  required to file reports with the division under s. 106.04, s.
  967  106.07, s. 106.0703, or s. 106.29, as applicable, must file such
  968  reports with the division by means of the division’s electronic
  969  filing system.
  970         (3) Reports filed pursuant to this section shall be
  971  completed and filed through the electronic filing system not
  972  later than midnight of the day designated. Reports not filed by
  973  midnight of the day designated are late filed and are subject to
  974  the penalties under s. 106.04(8), s. 106.07(8), s. 106.0703(7),
  975  or s. 106.29(3), as applicable.
  976         (4) Each report filed pursuant to this section is
  977  considered to be under oath by the candidate and treasurer, or
  978  the chair and treasurer, or the leader and treasurer under s.
  979  103.092, whichever is applicable, and such persons are subject
  980  to the provisions of s. 106.04(4)(d), s. 106.07(5), s.
  981  106.0703(4), or s. 106.29(2), as applicable. Persons given a
  982  secure sign-on to the electronic filing system are responsible
  983  for protecting such from disclosure and are responsible for all
  984  filings using such credentials, unless they have notified the
  985  division that their credentials have been compromised.
  986         Section 13. Subsection (1) of section 106.071, Florida
  987  Statutes, is reenacted and amended to read:
  988         106.071 Independent expenditures; electioneering
  989  communications; reports; disclaimers.—
  990         (1) Each person who makes an independent expenditure with
  991  respect to any candidate or issue, and each individual who makes
  992  an expenditure for an electioneering communication which is not
  993  otherwise reported pursuant to this chapter, which expenditure,
  994  in the aggregate, is in the amount of $5,000 $100 or more, shall
  995  file periodic reports of such expenditures in the same manner,
  996  at the same time, subject to the same penalties, and with the
  997  same officer as a political committee supporting or opposing
  998  such candidate or issue. The report shall contain the full name
  999  and address of the person making the expenditure; the full name
 1000  and address of each person to whom and for whom each such
 1001  expenditure has been made; the amount, date, and purpose of each
 1002  such expenditure; a description of the services or goods
 1003  obtained by each such expenditure; the issue to which the
 1004  expenditure relates; and the name and address of, and office
 1005  sought by, each candidate on whose behalf such expenditure was
 1006  made.
 1007         Section 14. Subsections (1), (2), (4), (5), and (6) of
 1008  section 106.08, Florida Statutes, are amended, and subsection
 1009  (7) of that section is reenacted and amended, to read:
 1010         106.08 Contributions; limitations on.—
 1011         (1)(a) Except for political parties or affiliated party
 1012  committees, no person, political committee, or committee of
 1013  continuous existence may, in any election, make contributions in
 1014  excess of $500 to any candidate for election to or retention in
 1015  office or to any political committee supporting or opposing one
 1016  or more candidates. Candidates for the offices of Governor and
 1017  Lieutenant Governor on the same ticket are considered a single
 1018  candidate for the purpose of this section.
 1019         (b)1. The contribution limits provided in this subsection
 1020  do not apply to contributions made by a state or county
 1021  executive committee of a political party or affiliated party
 1022  committee regulated by chapter 103 or to amounts contributed by
 1023  a candidate to his or her own campaign.
 1024         2. Notwithstanding the limits provided in this subsection,
 1025  an unemancipated child under the age of 18 years of age may not
 1026  make a contribution in excess of $100 to any candidate or to any
 1027  political committee supporting one or more candidates.
 1028         (c) The contribution limits of this subsection apply to
 1029  each election. For purposes of this subsection, the primary
 1030  election and general election are separate elections so long as
 1031  the candidate is not an unopposed candidate as defined in s.
 1032  106.011(15). However, for the purpose of contribution limits
 1033  with respect to candidates for retention as a justice or judge,
 1034  there is only one election, which is the general election.
 1035         (2)(a) A candidate may not accept contributions from
 1036  national, state, or including any subordinate committee of a
 1037  national, state, or county committee of a political party, and
 1038  county executive committees of a political party, including any
 1039  subordinate committee of such political party or affiliated
 1040  party committees, which contributions in the aggregate exceed
 1041  $50,000, no more than $25,000 of which may be accepted prior to
 1042  the 28-day period immediately preceding the date of the general
 1043  election.
 1044         (b) A candidate for statewide office may not accept
 1045  contributions from national, state, or county executive
 1046  committees of a political party, including any subordinate
 1047  committee of the a national, state, or county committee of a
 1048  political party, or affiliated party committees, which
 1049  contributions in the aggregate exceed $250,000, no more than
 1050  $125,000 of which may be accepted prior to the 28-day period
 1051  immediately preceding the date of the general election. Polling
 1052  services, research services, costs for campaign staff,
 1053  professional consulting services, and telephone calls are not
 1054  contributions to be counted toward the contribution limits of
 1055  paragraph (a) or this paragraph. Any item not expressly
 1056  identified in this paragraph as nonallocable is a contribution
 1057  in an amount equal to the fair market value of the item and must
 1058  be counted as allocable toward the contribution limits of
 1059  paragraph (a) or this paragraph. Nonallocable, in-kind
 1060  contributions must be reported by the candidate under s. 106.07
 1061  and by the political party or affiliated party committee under
 1062  s. 106.29.
 1063         (4)(a) Any contribution received by the chair, campaign
 1064  treasurer, or deputy campaign treasurer of a political committee
 1065  supporting or opposing a candidate with opposition in an
 1066  election or supporting or opposing an issue on the ballot in an
 1067  election on the day of that election or less than 5 days prior
 1068  to the day of that election may not be obligated or expended by
 1069  the committee until after the date of the election.
 1070         (b) Any contribution received by an electioneering
 1071  communications organization on the day of an election or less
 1072  than 5 days prior to the day of that election may not be
 1073  obligated or expended by the organization until after the date
 1074  of the election and may not be expended to pay for any
 1075  obligation arising prior to the election.
 1076         (5)(a) A person may not make any contribution through or in
 1077  the name of another, directly or indirectly, in any election.
 1078         (b) Candidates, political committees, affiliated party
 1079  committees, and political parties may not solicit contributions
 1080  from any religious, charitable, civic, or other causes or
 1081  organizations established primarily for the public good.
 1082         (c) Candidates, political committees, affiliated party
 1083  committees, and political parties may not make contributions, in
 1084  exchange for political support, to any religious, charitable,
 1085  civic, or other cause or organization established primarily for
 1086  the public good. It is not a violation of this paragraph for:
 1087         1. A candidate, political committee, affiliated party
 1088  committee, or political party executive committee to make gifts
 1089  of money in lieu of flowers in memory of a deceased person;
 1090         2. A candidate to continue membership in, or make regular
 1091  donations from personal or business funds to, religious,
 1092  political party, affiliated party committee, civic, or
 1093  charitable groups of which the candidate is a member or to which
 1094  the candidate has been a regular donor for more than 6 months;
 1095  or
 1096         3. A candidate to purchase, with campaign funds, tickets,
 1097  admission to events, or advertisements from religious, civic,
 1098  political party, affiliated party committee, or charitable
 1099  groups.
 1100         (d) An electioneering communications organization may not
 1101  accept a contribution from an organization exempt from taxation
 1102  under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other
 1103  than a political committee, committee of continuous existence,
 1104  or political party, unless the contributing organization has
 1105  registered as if the organization were an electioneering
 1106  communications organization pursuant to s. 106.03 and has filed
 1107  all campaign finance reports required of electioneering
 1108  communications organizations pursuant to ss. 106.07 and
 1109  106.0703.
 1110         (6)(a) A political party or affiliated party committee may
 1111  not accept any contribution that has been specifically
 1112  designated for the partial or exclusive use of a particular
 1113  candidate. Any contribution so designated must be returned to
 1114  the contributor and may not be used or expended by or on behalf
 1115  of the candidate. Funds contributed to an affiliated party
 1116  committee shall not be deemed as designated for the partial or
 1117  exclusive use of a leader as defined in s. 103.092.
 1118         (b)1. A political party or affiliated party committee may
 1119  not accept any in-kind contribution that fails to provide a
 1120  direct benefit to the political party or affiliated party
 1121  committee. A “direct benefit” includes, but is not limited to,
 1122  fundraising or furthering the objectives of the political party
 1123  or affiliated party committee.
 1124         2.a. An in-kind contribution to a state political party may
 1125  be accepted only by the chairperson of the state political party
 1126  or by the chairperson’s designee or designees whose names are on
 1127  file with the division in a form acceptable to the division
 1128  prior to the date of the written notice required in sub
 1129  subparagraph b. An in-kind contribution to a county political
 1130  party may be accepted only by the chairperson of the county
 1131  political party or by the county chairperson’s designee or
 1132  designees whose names are on file with the supervisor of
 1133  elections of the respective county prior to the date of the
 1134  written notice required in sub-subparagraph b. An in-kind
 1135  contribution to an affiliated party committee may be accepted
 1136  only by the leader of the affiliated party committee as defined
 1137  in s. 103.092 or by the leader’s designee or designees whose
 1138  names are on file with the division in a form acceptable to the
 1139  division prior to the date of the written notice required in
 1140  sub-subparagraph b.
 1141         b. A person making an in-kind contribution to a state
 1142  political party or county political party or affiliated party
 1143  committee must provide prior written notice of the contribution
 1144  to a person described in sub-subparagraph a. The prior written
 1145  notice must be signed and dated and may be provided by an
 1146  electronic or facsimile message. However, prior written notice
 1147  is not required for an in-kind contribution that consists of
 1148  food and beverage in an aggregate amount not exceeding $1,500
 1149  which is consumed at a single sitting or event if such in-kind
 1150  contribution is accepted in advance by a person specified in
 1151  sub-subparagraph a.
 1152         c. A person described in sub-subparagraph a. may accept an
 1153  in-kind contribution requiring prior written notice only in a
 1154  writing that is signed and dated before the in-kind contribution
 1155  is made. Failure to obtain the required written acceptance of an
 1156  in-kind contribution to a state or county political party or
 1157  affiliated party committee constitutes a refusal of the
 1158  contribution.
 1159         d. A copy of each prior written acceptance required under
 1160  sub-subparagraph c. must be filed with the division at the time
 1161  the regular reports of contributions and expenditures required
 1162  under s. 106.29 are filed by the state executive committee, and
 1163  county executive committee, and affiliated party committee.
 1164         e. An in-kind contribution may not be given to a state or
 1165  county political party or affiliated party committee unless the
 1166  in-kind contribution is made as provided in this subparagraph.
 1167         (7)(a) Any person who knowingly and willfully makes or
 1168  accepts no more than one contribution in violation of subsection
 1169  (1) or subsection (5), or any person who knowingly and willfully
 1170  fails or refuses to return any contribution as required in
 1171  subsection (3), commits a misdemeanor of the first degree,
 1172  punishable as provided in s. 775.082 or s. 775.083. If any
 1173  corporation, partnership, or other business entity or any
 1174  political party, affiliated party committee, political
 1175  committee, committee of continuous existence, or electioneering
 1176  communications organization is convicted of knowingly and
 1177  willfully violating any provision punishable under this
 1178  paragraph, it shall be fined not less than $1,000 and not more
 1179  than $10,000. If it is a domestic entity, it may be ordered
 1180  dissolved by a court of competent jurisdiction; if it is a
 1181  foreign or nonresident business entity, its right to do business
 1182  in this state may be forfeited. Any officer, partner, agent,
 1183  attorney, or other representative of a corporation, partnership,
 1184  or other business entity, or of a political party, affiliated
 1185  party committee, political committee, committee of continuous
 1186  existence, electioneering communications organization, or
 1187  organization exempt from taxation under s. 527 or s. 501(c)(4)
 1188  of the Internal Revenue Code, who aids, abets, advises, or
 1189  participates in a violation of any provision punishable under
 1190  this paragraph commits a misdemeanor of the first degree,
 1191  punishable as provided in s. 775.082 or s. 775.083.
 1192         (b) Any person who knowingly and willfully makes or accepts
 1193  two or more contributions in violation of subsection (1) or
 1194  subsection (5) commits a felony of the third degree, punishable
 1195  as provided in s. 775.082, s. 775.083, or s. 775.084. If any
 1196  corporation, partnership, or other business entity or any
 1197  political party, affiliated party committee, political
 1198  committee, committee of continuous existence, or electioneering
 1199  communications organization is convicted of knowingly and
 1200  willfully violating any provision punishable under this
 1201  paragraph, it shall be fined not less than $10,000 and not more
 1202  than $50,000. If it is a domestic entity, it may be ordered
 1203  dissolved by a court of competent jurisdiction; if it is a
 1204  foreign or nonresident business entity, its right to do business
 1205  in this state may be forfeited. Any officer, partner, agent,
 1206  attorney, or other representative of a corporation, partnership,
 1207  or other business entity, or of a political committee, committee
 1208  of continuous existence, political party, affiliated party
 1209  committee, or electioneering communications organization, or
 1210  organization exempt from taxation under s. 527 or s. 501(c)(4)
 1211  of the Internal Revenue Code, who aids, abets, advises, or
 1212  participates in a violation of any provision punishable under
 1213  this paragraph commits a felony of the third degree, punishable
 1214  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1215         Section 15. Section 106.088, Florida Statutes, is created
 1216  to read:
 1217         106.088 Independent expenditures; contribution limits;
 1218  restrictions on affiliated party committees.—
 1219         (1) As a condition of receiving a rebate of party
 1220  assessments under s. 103.121(1)(b), the leader or treasurer of
 1221  an affiliated party committee as defined in s. 103.092 shall
 1222  take and subscribe to an oath or affirmation in writing. During
 1223  the qualifying period for state candidates and prior to
 1224  distribution of such funds, a printed copy of the oath or
 1225  affirmation shall be filed with the Secretary of State and shall
 1226  be substantially in the following form:
 1227  
 1228  State of Florida
 1229  County of....
 1230  
 1231  Before me, an officer authorized to administer oaths, personally
 1232  appeared ...(name)..., to me well known, who, being sworn, says
 1233  that he or she is the ...(title)... of the ...(name of
 1234  party)......(name of chamber)... affiliated party committee;
 1235  that the affiliated party committee has not made, either
 1236  directly or indirectly, an independent expenditure in support of
 1237  or opposition to a candidate or elected public official in the
 1238  prior 6 months; that the affiliated party committee will not
 1239  make, either directly or indirectly, an independent expenditure
 1240  in support of or opposition to a candidate or elected public
 1241  official, through and including the upcoming general election;
 1242  and that the affiliated party committee will not violate the
 1243  contribution limits applicable to candidates under s. 106.08(2),
 1244  Florida Statutes.
 1245  ...(Signature of committee officer)...
 1246  ...(Address)...
 1247  Sworn to and subscribed before me this .... day of _____,
 1248  ...(year)..., at .... County, Florida.
 1249  ...(Signature and title of officer administering oath)...
 1250         (2)(a) Any affiliated party committee found to have
 1251  violated the provisions of the oath or affirmation prior to
 1252  receiving funds shall be ineligible to receive the rebate for
 1253  that general election year.
 1254         (b) Any affiliated party committee found to have violated
 1255  the provisions of the oath or affirmation after receiving funds
 1256  shall be ineligible to receive the rebate from candidates
 1257  qualifying for the following general election cycle.
 1258         (3) Any funds not distributed to the affiliated party
 1259  committee pursuant to this section shall be deposited into the
 1260  General Revenue Fund of the state.
 1261         Section 16. Paragraph (a) of subsection (4) of section
 1262  106.141, Florida Statutes, is amended to read:
 1263         106.141 Disposition of surplus funds by candidates.—
 1264         (4)(a) Except as provided in paragraph (b), any candidate
 1265  required to dispose of funds pursuant to this section shall, at
 1266  the option of the candidate, dispose of such funds by any of the
 1267  following means, or any combination thereof:
 1268         1. Return pro rata to each contributor the funds that have
 1269  not been spent or obligated.
 1270         2. Donate the funds that have not been spent or obligated
 1271  to a charitable organization or organizations that meet the
 1272  qualifications of s. 501(c)(3) of the Internal Revenue Code.
 1273         3. Give not more than $10,000 of the funds that have not
 1274  been spent or obligated to the affiliated party committee or
 1275  political party of which such candidate is a member, except that
 1276  a candidate for the Florida Senate may give not more than
 1277  $30,000 of such funds to the affiliated party committee or
 1278  political party of which the candidate is a member.
 1279         4. Give the funds that have not been spent or obligated:
 1280         a. In the case of a candidate for state office, to the
 1281  state, to be deposited in either the Election Campaign Financing
 1282  Trust Fund or the General Revenue Fund, as designated by the
 1283  candidate; or
 1284         b. In the case of a candidate for an office of a political
 1285  subdivision, to such political subdivision, to be deposited in
 1286  the general fund thereof.
 1287         Section 17. Paragraph (a) of subsection (4) of section
 1288  106.143, Florida Statutes, is amended to read:
 1289         106.143 Political advertisements circulated prior to
 1290  election; requirements.—
 1291         (4)(a) Any political advertisement, including those paid
 1292  for by a political party or affiliated party committee, other
 1293  than an independent expenditure, offered by or on behalf of a
 1294  candidate must be approved in advance by the candidate. Such
 1295  political advertisement must expressly state that the content of
 1296  the advertisement was approved by the candidate and must state
 1297  who paid for the advertisement. The candidate shall provide a
 1298  written statement of authorization to the newspaper, radio
 1299  station, television station, or other medium for each such
 1300  advertisement submitted for publication, display, broadcast, or
 1301  other distribution.
 1302         Section 18. Section 106.1437, Florida Statutes, is
 1303  reenacted to read:
 1304         106.1437 Miscellaneous advertisements.—Any advertisement,
 1305  other than a political advertisement, independent expenditure,
 1306  or electioneering communication, on billboards, bumper stickers,
 1307  radio, or television, or in a newspaper, a magazine, or a
 1308  periodical, intended to influence public policy or the vote of a
 1309  public official, shall clearly designate the sponsor of such
 1310  advertisement by including a clearly readable statement of
 1311  sponsorship. If the advertisement is broadcast on television,
 1312  the advertisement shall also contain a verbal statement of
 1313  sponsorship. This section shall not apply to an editorial
 1314  endorsement.
 1315         Section 19. Section 106.1439, Florida Statutes, is
 1316  reenacted and amended to read:
 1317         106.1439 Electioneering communications; disclaimers.—
 1318         (1) Any electioneering communication, other than a
 1319  telephone call, shall prominently state: “Paid electioneering
 1320  communication paid for by ....(Name and address of person paying
 1321  for the communication)....”
 1322         (2) Any electioneering communication telephone call shall
 1323  identify the persons or organizations sponsoring the call by
 1324  stating either: “Paid for by ...(insert name of persons or
 1325  organizations sponsoring the call)....” or “Paid for on behalf
 1326  of ...(insert name of persons or organizations authorizing
 1327  call)....” This subsection does not apply to any telephone call
 1328  in which the individual making the call is not being paid and
 1329  the individuals participating in the call know each other prior
 1330  to the call.
 1331         (3)(2) Any person who fails to include the disclaimer
 1332  prescribed in this section in any electioneering communication
 1333  that is required to contain such disclaimer commits a
 1334  misdemeanor of the first degree, punishable as provided in s.
 1335  775.082 or s. 775.083.
 1336         Section 20. Paragraphs (a) and (e) of subsection (1) and
 1337  subsection (3) of section 106.147, Florida Statutes, are amended
 1338  to read:
 1339         106.147 Telephone solicitation; disclosure requirements;
 1340  prohibitions; exemptions; penalties.—
 1341         (1)(a) Any electioneering communication telephone call or
 1342  any telephone call supporting or opposing a candidate, elected
 1343  public official, or ballot proposal must identify the persons or
 1344  organizations sponsoring the call by stating either: “paid for
 1345  by ....” (insert name of persons or organizations sponsoring the
 1346  call) or “paid for on behalf of ....” (insert name of persons or
 1347  organizations authorizing call). This paragraph does not apply
 1348  to any telephone call in which both the individual making the
 1349  call is not being paid and the individuals participating in the
 1350  call know each other prior to the call.
 1351         (e) Any electioneering communication paid for with public
 1352  funds must include a disclaimer containing the words “paid for
 1353  by ...(Name of the government entity paying for the
 1354  communication)....”
 1355         (3)(a) Any person who willfully violates any provision of
 1356  this section commits a misdemeanor of the first degree,
 1357  punishable as provided in s. 775.082 or s. 775.083.
 1358         (b) For purposes of paragraph (a), the term “person”
 1359  includes any candidate; any officer of any political committee,
 1360  committee of continuous existence, affiliated party committee,
 1361  or political party executive committee; any officer, partner,
 1362  attorney, or other representative of a corporation, partnership,
 1363  or other business entity; and any agent or other person acting
 1364  on behalf of any candidate, political committee, committee of
 1365  continuous existence, affiliated party committee, political
 1366  party executive committee, or corporation, partnership, or other
 1367  business entity.
 1368         Section 21. Section 106.165, Florida Statutes, is amended
 1369  to read:
 1370         106.165 Use of closed captioning and descriptive narrative
 1371  in all television broadcasts.—Each candidate, political party,
 1372  affiliated party committee, and political committee must use
 1373  closed captioning and descriptive narrative in all television
 1374  broadcasts regulated by the Federal Communications Commission
 1375  that are on behalf of, or sponsored by, a candidate, political
 1376  party, affiliated party committee, or political committee or
 1377  must file a written statement with the qualifying officer
 1378  setting forth the reasons for not doing so. Failure to file this
 1379  statement with the appropriate qualifying officer constitutes a
 1380  violation of the Florida Election Code and is under the
 1381  jurisdiction of the Florida Elections Commission. The Department
 1382  of State may adopt rules in accordance with s. 120.54 which are
 1383  necessary to administer this section.
 1384         Section 22. Section 106.17, Florida Statutes, is reenacted
 1385  and amended to read:
 1386         106.17 Polls and surveys relating to candidacies.—Any
 1387  candidate, political committee, committee of continuous
 1388  existence, electioneering communication organization, affiliated
 1389  party committee, or state or county executive committee of a
 1390  political party may authorize or conduct a political poll,
 1391  survey, index, or measurement of any kind relating to candidacy
 1392  for public office so long as the candidate, political committee,
 1393  committee of continuous existence, electioneering communication
 1394  organization, affiliated party committee, or political party
 1395  maintains complete jurisdiction over the poll in all its
 1396  aspects.
 1397         Section 23. Subsection (2) of section 106.23, Florida
 1398  Statutes, is amended to read:
 1399         106.23 Powers of the Division of Elections.—
 1400         (2) The Division of Elections shall provide advisory
 1401  opinions when requested by any supervisor of elections,
 1402  candidate, local officer having election-related duties,
 1403  political party, affiliated party committee, political
 1404  committee, committee of continuous existence, or other person or
 1405  organization engaged in political activity, relating to any
 1406  provisions or possible violations of Florida election laws with
 1407  respect to actions such supervisor, candidate, local officer
 1408  having election-related duties, political party, affiliated
 1409  party committee, committee, person, or organization has taken or
 1410  proposes to take. Requests for advisory opinions must be
 1411  submitted in accordance with rules adopted by the Department of
 1412  State. A written record of all such opinions issued by the
 1413  division, sequentially numbered, dated, and indexed by subject
 1414  matter, shall be retained. A copy shall be sent to said person
 1415  or organization upon request. Any such person or organization,
 1416  acting in good faith upon such an advisory opinion, shall not be
 1417  subject to any criminal penalty provided for in this chapter.
 1418  The opinion, until amended or revoked, shall be binding on any
 1419  person or organization who sought the opinion or with reference
 1420  to whom the opinion was sought, unless material facts were
 1421  omitted or misstated in the request for the advisory opinion.
 1422         Section 24. Subsections (1) and (2) of section 106.265,
 1423  Florida Statutes, are amended to read:
 1424         106.265 Civil penalties.—
 1425         (1) The commission is authorized upon the finding of a
 1426  violation of this chapter or chapter 104 to impose civil
 1427  penalties in the form of fines not to exceed $1,000 per count.
 1428  In determining the amount of such civil penalties, the
 1429  commission shall consider, among other mitigating and
 1430  aggravating circumstances:
 1431         (a) The gravity of the act or omission;
 1432         (b) Any previous history of similar acts or omissions;
 1433         (c) The appropriateness of such penalty to the financial
 1434  resources of the person, political committee, committee of
 1435  continuous existence, affiliated party committee, or political
 1436  party; and
 1437         (d) Whether the person, political committee, committee of
 1438  continuous existence, affiliated party committee, or political
 1439  party has shown good faith in attempting to comply with the
 1440  provisions of this chapter or chapter 104.
 1441         (2) If any person, political committee, committee of
 1442  continuous existence, affiliated party committee, or political
 1443  party fails or refuses to pay to the commission any civil
 1444  penalties assessed pursuant to the provisions of this section,
 1445  the commission shall be responsible for collecting the civil
 1446  penalties resulting from such action.
 1447         Section 25. Subsection (2) of section 106.27, Florida
 1448  Statutes, is amended to read:
 1449         106.27 Determinations by commission; legal disposition.—
 1450         (2) Civil actions may be brought by the commission for
 1451  relief, including permanent or temporary injunctions,
 1452  restraining orders, or any other appropriate order for the
 1453  imposition of civil penalties provided by this chapter. Such
 1454  civil actions shall be brought by the commission in the
 1455  appropriate court of competent jurisdiction, and the venue shall
 1456  be in the county in which the alleged violation occurred or in
 1457  which the alleged violator or violators are found, reside, or
 1458  transact business. Upon a proper showing that such person,
 1459  political committee, committee of continuous existence,
 1460  affiliated party committee, or political party has engaged, or
 1461  is about to engage, in prohibited acts or practices, a permanent
 1462  or temporary injunction, restraining order, or other order shall
 1463  be granted without bond by such court, and the civil fines
 1464  provided by this chapter may be imposed.
 1465         Section 26. Section 106.29, Florida Statutes, is amended to
 1466  read:
 1467         106.29 Reports by political parties and affiliated party
 1468  committees; restrictions on contributions and expenditures;
 1469  penalties.—
 1470         (1) The state executive committee and each county executive
 1471  committee of each political party and any affiliated party
 1472  committee regulated by chapter 103 shall file regular reports of
 1473  all contributions received and all expenditures made by such
 1474  committee. Such reports shall contain the same information as do
 1475  reports required of candidates by s. 106.07 and shall be filed
 1476  on the 10th day following the end of each calendar quarter,
 1477  except that, during the period from the last day for candidate
 1478  qualifying until the general election, such reports shall be
 1479  filed on the Friday immediately preceding both the primary
 1480  election and the general election. In addition to the reports
 1481  filed under this section, the state executive committee, and
 1482  each county executive committee, and each affiliated party
 1483  committee shall file a copy of each prior written acceptance of
 1484  an in-kind contribution given by the committee during the
 1485  preceding calendar quarter as required under s. 106.08(6). Each
 1486  state executive committee and affiliated party committee shall
 1487  file the original and one copy of its reports with the Division
 1488  of Elections. Each county executive committee shall file its
 1489  reports with the supervisor of elections in the county in which
 1490  such committee exists. Any state or county executive committee
 1491  or affiliated party committee failing to file a report on the
 1492  designated due date shall be subject to a fine as provided in
 1493  subsection (3). No separate fine shall be assessed for failure
 1494  to file a copy of any report required by this section.
 1495         (2) The chair and treasurer of each state or county
 1496  executive committee shall certify as to the correctness of each
 1497  report filed by them on behalf of such committee. The leader and
 1498  treasurer of each affiliated party committee under s. 103.092
 1499  shall certify as to the correctness of each report filed by them
 1500  on behalf of such committee. Any committee chair, leader, or
 1501  treasurer who certifies the correctness of any report while
 1502  knowing that such report is incorrect, false, or incomplete
 1503  commits a felony of the third degree, punishable as provided in
 1504  s. 775.082, s. 775.083, or s. 775.084.
 1505         (3)(a) Any state or county executive committee or
 1506  affiliated party committee failing to file a report on the
 1507  designated due date shall be subject to a fine as provided in
 1508  paragraph (b) for each late day. The fine shall be assessed by
 1509  the filing officer, and the moneys collected shall be deposited
 1510  in the General Revenue Fund.
 1511         (b) Upon determining that a report is late, the filing
 1512  officer shall immediately notify the chair of the executive
 1513  committee or the leader of the affiliated party committee as
 1514  defined in s. 103.092 as to the failure to file a report by the
 1515  designated due date and that a fine is being assessed for each
 1516  late day. The fine shall be $1,000 for a state executive
 1517  committee, $1,000 for an affiliated party committee, and $50 for
 1518  a county executive committee, per day for each late day, not to
 1519  exceed 25 percent of the total receipts or expenditures,
 1520  whichever is greater, for the period covered by the late report.
 1521  However, if an executive committee or an affiliated party
 1522  committee fails to file a report on the Friday immediately
 1523  preceding the general election, the fine shall be $10,000 per
 1524  day for each day a state executive committee is late, $10,000
 1525  per day for each day an affiliated party committee is late, and
 1526  $500 per day for each day a county executive committee is late.
 1527  Upon receipt of the report, the filing officer shall determine
 1528  the amount of the fine which is due and shall notify the chair
 1529  or leader as defined in s. 103.092. The filing officer shall
 1530  determine the amount of the fine due based upon the earliest of
 1531  the following:
 1532         1. When the report is actually received by such officer.
 1533         2. When the report is postmarked.
 1534         3. When the certificate of mailing is dated.
 1535         4. When the receipt from an established courier company is
 1536  dated.
 1537         5. When the electronic receipt issued pursuant to s.
 1538  106.0705 is dated.
 1539  
 1540  Such fine shall be paid to the filing officer within 20 days
 1541  after receipt of the notice of payment due, unless appeal is
 1542  made to the Florida Elections Commission pursuant to paragraph
 1543  (c). An officer or member of an executive committee shall not be
 1544  personally liable for such fine.
 1545         (c) The chair of an executive committee or the leader of an
 1546  affiliated party committee as defined in s. 103.092 may appeal
 1547  or dispute the fine, based upon unusual circumstances
 1548  surrounding the failure to file on the designated due date, and
 1549  may request and shall be entitled to a hearing before the
 1550  Florida Elections Commission, which shall have the authority to
 1551  waive the fine in whole or in part. Any such request shall be
 1552  made within 20 days after receipt of the notice of payment due.
 1553  In such case, the chair of the executive committee or the leader
 1554  of the affiliated party committee as defined in s. 103.092
 1555  shall, within the 20-day period, notify the filing officer in
 1556  writing of his or her intention to bring the matter before the
 1557  commission.
 1558         (d) The appropriate filing officer shall notify the Florida
 1559  Elections Commission of the repeated late filing by an executive
 1560  committee or affiliated party committee, the failure of an
 1561  executive committee or affiliated party committee to file a
 1562  report after notice, or the failure to pay the fine imposed.
 1563         (4) Any contribution received by a state or county
 1564  executive committee or affiliated party committee less than 5
 1565  days before an election shall not be used or expended in behalf
 1566  of any candidate, issue, affiliated party committee, or
 1567  political party participating in such election.
 1568         (5) No state or county executive committee or affiliated
 1569  party committee, in the furtherance of any candidate or
 1570  political party, directly or indirectly, shall give, pay, or
 1571  expend any money, give or pay anything of value, authorize any
 1572  expenditure, or become pecuniarily liable for any expenditure
 1573  prohibited by this chapter. However, the contribution of funds
 1574  by one executive committee to another or to established party
 1575  organizations for legitimate party or campaign purposes is not
 1576  prohibited, but all such contributions shall be recorded and
 1577  accounted for in the reports of the contributor and recipient.
 1578         (6)(a) The national, state, and county executive committees
 1579  of a political party and affiliated party committees may not
 1580  contribute to any candidate any amount in excess of the limits
 1581  contained in s. 106.08(2), and all contributions required to be
 1582  reported under s. 106.08(2) by the national executive committee
 1583  of a political party shall be reported by the state executive
 1584  committee of that political party.
 1585         (b) A violation of the contribution limits contained in s.
 1586  106.08(2) is a misdemeanor of the first degree, punishable as
 1587  provided in s. 775.082 or s. 775.083. A civil penalty equal to
 1588  three times the amount in excess of the limits contained in s.
 1589  106.08(2) shall be assessed against any executive committee
 1590  found in violation thereof.
 1591         Section 27. Paragraph (d) of subsection (1) of section
 1592  11.045, Florida Statutes, is amended to read:
 1593         11.045 Lobbying before the Legislature; registration and
 1594  reporting; exemptions; penalties.—
 1595         (1) As used in this section, unless the context otherwise
 1596  requires:
 1597         (d) “Expenditure” means a payment, distribution, loan,
 1598  advance, reimbursement, deposit, or anything of value made by a
 1599  lobbyist or principal for the purpose of lobbying. The term
 1600  “expenditure” does not include contributions or expenditures
 1601  reported pursuant to chapter 106 or federal election law,
 1602  campaign-related personal services provided without compensation
 1603  by individuals volunteering their time, any other contribution
 1604  or expenditure made by or to a political party or affiliated
 1605  party committee, or any other contribution or expenditure made
 1606  by an organization that is exempt from taxation under 26 U.S.C.
 1607  s. 527 or s. 501(c)(4).
 1608         Section 28. Paragraph (b) of subsection (12) of section
 1609  112.312, Florida Statutes, is amended to read:
 1610         112.312 Definitions.—As used in this part and for purposes
 1611  of the provisions of s. 8, Art. II of the State Constitution,
 1612  unless the context otherwise requires:
 1613         (12)
 1614         (b) “Gift” does not include:
 1615         1. Salary, benefits, services, fees, commissions, gifts, or
 1616  expenses associated primarily with the donee’s employment,
 1617  business, or service as an officer or director of a corporation
 1618  or organization.
 1619         2. Contributions or expenditures reported pursuant to
 1620  chapter 106, campaign-related personal services provided without
 1621  compensation by individuals volunteering their time, or any
 1622  other contribution or expenditure by a political party or
 1623  affiliated party committee.
 1624         3. An honorarium or an expense related to an honorarium
 1625  event paid to a person or the person’s spouse.
 1626         4. An award, plaque, certificate, or similar personalized
 1627  item given in recognition of the donee’s public, civic,
 1628  charitable, or professional service.
 1629         5. An honorary membership in a service or fraternal
 1630  organization presented merely as a courtesy by such
 1631  organization.
 1632         6. The use of a public facility or public property, made
 1633  available by a governmental agency, for a public purpose.
 1634         7. Transportation provided to a public officer or employee
 1635  by an agency in relation to officially approved governmental
 1636  business.
 1637         8. Gifts provided directly or indirectly by a state,
 1638  regional, or national organization which promotes the exchange
 1639  of ideas between, or the professional development of,
 1640  governmental officials or employees, and whose membership is
 1641  primarily composed of elected or appointed public officials or
 1642  staff, to members of that organization or officials or staff of
 1643  a governmental agency that is a member of that organization.
 1644         Section 29. Paragraph (d) of subsection (1) of section
 1645  112.3215, Florida Statutes, is amended to read:
 1646         112.3215 Lobbying before the executive branch or the
 1647  Constitution Revision Commission; registration and reporting;
 1648  investigation by commission.—
 1649         (1) For the purposes of this section:
 1650         (d) “Expenditure” means a payment, distribution, loan,
 1651  advance, reimbursement, deposit, or anything of value made by a
 1652  lobbyist or principal for the purpose of lobbying. The term
 1653  “expenditure” does not include contributions or expenditures
 1654  reported pursuant to chapter 106 or federal election law,
 1655  campaign-related personal services provided without compensation
 1656  by individuals volunteering their time, any other contribution
 1657  or expenditure made by or to a political party or an affiliated
 1658  party committee, or any other contribution or expenditure made
 1659  by an organization that is exempt from taxation under 26 U.S.C.
 1660  s. 527 or s. 501(c)(4).
 1661         Section 30. This act shall take effect July 1, 2010.